E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION
Vol. 165 WASHINGTON, TUESDAY, MARCH 5, 2019 No. 39 Senate The Senate met at 10 a.m. and was ceed to executive session to resume the nomination of Allison Jones Rush- called to order by the President pro consideration of the following nomina- ing to serve on the Fourth Circuit tempore (Mr. GRASSLEY). tion, which the clerk will report. Court of Appeals. f The bill clerk read the nomination of As I noted yesterday, Ms. Rushing Allison Jones Rushing, of North Caro- comes with significant appellate expe- PRAYER lina, to be United States Circuit Judge rience and has filed 47 briefs in the U.S. The Chaplain, Dr. Barry C. Black, of- for the Fourth Circuit. Supreme Court. It is clear to me, as it fered the following prayer: The PRESIDING OFFICER. The Sen- was to a majority of our colleagues on Let us pray. ator from Iowa. the Judiciary Committee, that she Sovereign Lord, You are our refuge Mr. GRASSLEY. Madam President, I would make a fine addition to the Fed- and strength. We look to You for ask unanimous consent to speak for 1 eral bench. So I will support her con- mercy and grace. minute as if in morning business. firmation later today, and I rec- Send to our lawmakers the power and The PRESIDING OFFICER. Without ommend that each of our colleagues do grace they need today to glorify Your objection, it is so ordered. the same. name in all they do. Lord, give them THE GREEN NEW DEAL NOMINATION OF CHAD A. READLER the purity of heart that will shut the Mr. GRASSLEY. Madam President, I Madam President, following Ms. doors to all evil. Keep their feet in the would like to make a point about the Rushing, the Senate will consider Chad path of integrity that they may walk so-called Green New Deal. It is very ob- Readler of Ohio to serve on the Sixth securely. Develop in them a persever- vious it is a reference to Franklin Roo- Circuit Court of Appeals. Mr. Readler ance which refuses to leave any task sevelt’s New Deal in the 1930s. The im- is a two-time graduate of the Univer- half done. Empower them with a dili- plication is that what the New Deal did sity of Michigan, earning his J.D. with gence to offer You no less than their for the Depression should be a model honors in 1997. Following law school, best. for the environment. he held a clerkship on the Sixth Circuit We pray in Your powerful Name. There is just one great big problem: and has built a longstanding reputa- Amen. The New Deal in the 1930s didn’t work. tion in private practice as a consum- It didn’t get us out of the Great De- f mate legal professional. pression. The Depression didn’t end PLEDGE OF ALLEGIANCE Mr. Readler is also active in pro bono until we entered World War II. work, including for the United Way of The President pro tempore led the Just like the original, the Green New Central Ohio, and his nomination Pledge of Allegiance, as follows: Deal sounds like really bold action, but earned a ‘‘well qualified’’ rating from I pledge allegiance to the Flag of the it is really a jumble of half-cocked the American Bar Association. United States of America, and to the Repub- policies that will dampen economic So I look forward to advancing yet lic for which it stands, one nation under God, growth and will hurt jobs. another of President Trump’s impres- indivisible, with liberty and justice for all. Everything our government ought to sive judicial nominees later this week. f be trying to do is to encourage eco- H.R. 1 RESERVATION OF LEADER TIME nomic growth and to create jobs. Madam President, on another mat- The PRESIDING OFFICER (Mrs. I yield the floor. I suggest the absence of a quorum. ter, this week the House will be devot- HYDE-SMITH). Under the previous order, The PRESIDING OFFICER. The ing floor time to the Democrat politi- the leadership time is reserved. clerk will call the roll. cian protection act. That is what I call f The bill clerk proceeded to call the the signature effort that Speaker CONCLUSION OF MORNING roll. PELOSI has given top billing—top bill- BUSINESS Mr. MCCONNELL. Madam President, ing—as H.R. 1, because this new House I ask unanimous consent that the order Democratic majority’s top priority is The PRESIDING OFFICER. Morning for the quorum call be rescinded. apparently assigning themselves an un- business is closed. The PRESIDING OFFICER. Without precedented level of control over how f objection, it is so ordered. they get elected to Washington, along EXECUTIVE SESSION RECOGNITION OF THE MAJORITY LEADER with how, where, and what American The PRESIDING OFFICER. The ma- citizens are allowed to say about it. jority leader is recognized. That is their priority No. 1. EXECUTIVE CALENDAR NOMINATION OF ALLISON JONES RUSHING Over there, across the Capitol, more The PRESIDING OFFICER. Under Mr. MCCONNELL. Madam President, than anything else, Washington Demo- the previous order, the Senate will pro- yesterday the Senate voted to advance crats want a tighter grip on political
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S1635
.
VerDate Sep 11 2014 00:38 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.000 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1636 CONGRESSIONAL RECORD — SENATE March 5, 2019 debate and the operation of elections What about things like one-size-fits- hard work, indeed—and it requires a nationwide. But the Democrat politi- all online voter registration, where the multipronged approach. So not only cian protection act is just part of a trio simple safeguard of signing a document does H.R. 1 deploy stricter regulations of massive, unprecedented government can be easily side-stepped? Or a manda- on political speech; it also ramps up re- takeover schemes that Democrats have tory new one-stop registration and vot- quirements when private citizens en- already rolled out just this Congress. ing procedure in every State, without gage in it. Even small expressions of On its face, this proposal might seem the assurance of verifying the voter’s First Amendment rights could require less outrageous than Medicare for None identity or address before adding their extensive documentation, and in many or the so-called Green New Deal. It ballot to the ballot box? new cases, forced public disclosure of wouldn’t seem to impact the middle- If your State requires even the your private activities would be re- class families as directly as making loosest voter ID requirement, the quired. private health insurance plans illegal Democrats’ bill would undermine it. So we are in a dangerous climate for or sending the U.S. economy on a nose- Everything down to the type of paper the robust exchange of ideas. There is dive in the name of tackling carbon the ballot is printed on is dictated by outright government bias like we saw emissions while China goes roaring Washington Democrats under their from Lois Lerner’s IRS. There are ac- right by. proposal. The list goes on and on. tivist-driven online mobs that come Here is the thing. Those two pro- Now you might think that with after individuals’ reputations and their posals are just terrible policy. Bad pol- Democrats insisting that every locality livelihoods. This is not—I repeat, this icy can be stopped or undone through subscribe to ever looser registration is not—a climate where the people’s the political process, but H.R. 1 isn’t standards, they must provide strong representatives should be rushing to just terrible policy. It is an attempt to tools for verification and maintenance make more of Americans’ private in- rewrite the underlying rules of that po- of the voter rolls. Think again. In fact, formation public. litical process itself and skew those they seem more focused on taking The ACLU is not often an organiza- rules to benefit just one side—that away these safeguards. tion that would be described as bipar- side. The bill leaves States with less abil- tisan—not always—but here is what By every indication, the Democratic ity to maintain voter records and to the ACLU wrote in a letter to House politician protection act is a massive, ensure that people aren’t registered in Democrats just a couple of days ago: partisan solution in search of a prob- multiple States. In many instances, it There are . . . provisions that unconsti- lem. Democrats want to convince ev- seems the Democrats want more iden- tutionally impinge on the free speech rights eryone that our Republic is in crisis, tification required to correct an erro- of American citizens and public interest or- ganizations . . . [the bill] strikes the wrong but when you scratch the surface of neous voter entry—listen to this: more balance between the public’s interest in these scare tactics, their two main identification required to correct an knowing who supports or opposes candidates complaints seem to be that Democrats erroneous voter entry—than to register for office and the vital associational privacy don’t win enough elections, and people a new voter. In other words, it is hard- rights guaranteed by the First Amendment. Democrats don’t like also happen to er to get off the rolls than it is to get That is the ACLU. They go on: have First Amendment rights. on the rolls. [H.R. 1] interferes with that ability by im- Just look at the data. In 2016, turn- What if we look at the problems that pinging on the privacy of these groups, forc- out reached its third highest rate since actually exist? What about the murky ing the groups to make a choice: their speech the 1960s. Turnout was very high. By ‘‘ballot harvesting’’ process that in- or their donors. Whichever they choose, the the sheer number of Presidential bal- vites misbehavior? It was already ille- First Amendment loses. lots cast, an all-time record was set, gal in North Carolina, where a congres- This is the very issue that the and these numbers were hardly a fluke. sional election result was thrown out NAACP had to sue the State of Ala- Last November, the midterm turnout recently due to fraud, but the practice bama over way back in the 1950s. They rate set a new 50-year record for off- that threw out the election in North won a critical victory when the Su- year elections. Carolina just the other day remains preme Court confirmed that the First Nevertheless, the Democrats are in- perfectly legal in California, where it Amendment is eroded when Big Broth- tent on fixing our elections even seems to benefit, amazingly enough, er forces private organizations to pub- though they aren’t broken. Their solu- the Democrats. Somehow, for all of the licize the people who work to support tion amounts to a hostile, one-sided other top-down changes that H.R. 1 them—the NAACP v. Alabama, in the takeover of the electoral process with- would force on the country, somehow 1950s. out—without—the input of both par- addressing ballot harvesting didn’t It was true in the 1950s, and it re- ties. make the cut. Imagine that. mains true today, but that erosion is In the Democrats’ view, our fed- It is almost like Democrats’ purpose exactly what House Democrats want to eralist system, in which State laws here is not promoting integrity but, achieve. It is what they want to evolve to address unique challenges, is rather, preserving the chaos that would achieve. Their bill even supports a con- old-fashioned and no longer to their make close elections ripe targets for stitutional amendment to take away liking. Now it is time for sweeping new their DC lawyers to contest. The law First Amendment protections. decrees from Washington. itself suggests as much by creating new Even if their proposal does chill the What each State has found works private rights of action—new private exercise of the First Amendment—fear best for them to register voters or to rights of action—for trial lawyers to not—House Democrats have a plan to maintain voter rules—all of that is now ramp up litigation when they are un- make sure there is still plenty of activ- supposed to yield to what Washington happy with an outcome. ity come election season. It is a tax- Democrats want. Now as I mentioned, elections aren’t payer-funded stimulus package for It starts with a massive influx of gov- the only focus. Democrats are also campaign consultants and political ernment data to the registration rolls. coming after America’s political candidates. They are going to take In one sweep, all of the duplicative and speech. Under H.R. 1, a newly partisan your tax money and give it to can- conflicting data from across State and Federal Election Commission would be didates you oppose to buy commer- Federal Government Agencies—as well empowered with sweeping—sweeping— cials, buttons, balloons, bumper stick- as colleges and universities—would new authority to regulate speech that ers with your tax money. Democrats flood the voter registration system— is deemed to be ‘‘campaign related.’’ want to sign taxpayers up to a six- flood it. New rules apply to the mere mention times matching subsidy for certain po- This isn’t the slightly tested, auto- of a politician’s name. There are new litical contributions. It could total matic voter registration some States limitations on advocacy groups to about $5 million in taxpayer money—$5 have installed with the DMV. This is a speak on substantive issues and strict million in taxpayer money—for every massive data dump that is sure to in- new penalties for when private groups candidate who wants it. What a great vite risk of inaccuracy and a loss of of citizens cross the lines that Wash- idea—right into the pockets of polit- privacy. It is especially concerning, as ington Democrats have drawn. ical campaigns—your tax money. the Democrats want to mandate that But it doesn’t stop there. Protecting That is what these guys want to pass. agencies register 16- and 17-year-olds. Democrat politicians is hard work— Middle-class Americans will have the
VerDate Sep 11 2014 00:38 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.001 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1637 privilege of watching television com- cans—he was nominated for a lifetime friends, is a gross abuse of our con- mercials attacking their own beliefs appointment on the Federal bench. Co- stitutional system. and the candidates they support and incidence? I think not. You see, in the Article I—not article II, the execu- knowing their own tax dollars bought Trump administration, depriving peo- tive branch article, not article III, the the airtime for candidates they oppose. ple of protections for preexisting condi- judiciary branch article, but article I, All of this is what House Democrats tions is actually something to be re- Congress—gives Congress the power of are debating on the floor this very warded. Shame. Shame on the Trump the purse, not the President. Were we week—H.R. 1—all of this and more. I administration. Shame on anybody to permit an Executive—any Execu- have only scratched the surface of the who votes for Mr. Readler, particularly tive—to declare an emergency every Democratic Politician Protection Act: those who claim they want to protect time they lost in Congress, what would running roughshod over States’ and preexisting conditions. Those who say be the point of Congress? We would be communities’ control of their own elec- they want to protect them and vote for trading our democracy for a monarchy, tions, regulating and chilling the the chief cook and bottle washer who the very thing our Framers abhorred American people’s exercise of the First pulled them away and was given this and that our Constitution guards Amendment, forcing taxpayers to indi- nomination the next day, shame on against. Remember, back then, why did rectly donate to the politicians they them. the colonists—the brave colonists— don’t like, and a dozen other bad ideas During the past campaign, as I said, rebel? It was against the overreaching to boot. many Republicans stood up and said, power of King George. They said: We Behold the signature legislation of rightly, that they supported keeping need a government that is going to pro- the new House Democratic majority. protections for Americans with pre- tect us from the overreaching power of I suggest the absence of a quorum. existing conditions. That is all well any individual, particularly one em- The PRESIDING OFFICER. The and good, but that is what is so typical powered to lead a nation. That is why clerk will call the roll. of our Republican friends in the Sen- they did it. It is relevant today. Donald The bill clerk proceeded to call the ate. They talk the game that we do— Trump has shown more desire to over- roll. they are for more healthcare, they are reach than any President. Some people Mr. SCHUMER. Madam President, I for protecting Americans with pre- may like that, but it goes against 200 ask unanimous consent that the order existing conditions—but their votes on years of wisdom in this country, and I for the quorum call be rescinded. the floor of the Senate are exactly the hope people will reject it. The ACTING PRESIDENT pro tem- opposite. It is all well and good to say Whatever you think of the policy at pore. Without objection, it is so or- you want to protect them, but those the southern border—I suppose Senator dered. promises and pronouncements mean PAUL is very much for the wall—no RECOGNITION OF THE MINORITY LEADER next to nothing if they will not vote to President should be allowed to discard The ACTING PRESIDENT pro tem- reject a lifetime appointment for the the Constitution on a whim and do an pore. The Democratic leader is recog- man who played the starring role in end run around a coequal branch of nized. the legal effort to take these condi- government. Mr. SCHUMER. Madam President, tions away. This vote on the resolution to termi- just briefly, I heard my good friend, the Republicans who vote yes on Mr. nate this emergency is not a vote Republican leader, decry H.R. 1. He Readler, I believe, will regret that vote about policy, it is not a vote about called it the Democratic protection in future years. A vote to confirm Mr. party. It is a vote about Presidential act. Well, if making it easier for people Readler is an endorsement of the Re- power and the precedent it will set, to vote and getting Big Money out of publican lawsuit to eliminate protec- which will reach far beyond the current politics hurt the Republican Party and tions for preexisting conditions and re- debate about the border. The debate is good for Democrats, what a sad com- peal healthcare for millions of Ameri- about the border will be forgotten, but mentary on the Republican Party that cans. the fact that this Congress, this Sen- they don’t want to see people vote, DECLARATION OF NATIONAL EMERGENCY ate, allows a President to so overreach make it easier to vote, and that they Madam President, on another mat- and rearrange singlehandedly the bal- don’t want Big Money out of politics— ter, the national emergency. It seems ancing blocks in our democracy will be a sad commentary on the Republican with each passing day, another Repub- regarded by historians as a bleak day. Party to be afraid of H.R. 1. lican comes out to oppose the Presi- I say to my colleagues, that doesn’t NOMINATION OF CHAD A. READLER dent’s declaration of a national emer- just apply to how you vote. It applies Madam President, later this after- gency at the border. Over the weekend, to whether we have enough votes to noon, the Senate will vote to take up Senator RAND PAUL, who often speaks override the President should he veto the nomination of Chad Readler to be a his own mind, became the fourth Re- this resolution when it passes. judge on the Sixth Circuit. Mr. Readler publican to officially announce his sup- CLIMATE CHANGE was the man behind the curtain last port for terminating the President’s Madam President, on climate, Leader year when the Trump administration emergency declaration, apparently MCCONNELL has spent a great deal of decided to side with Texas and 19 other guaranteeing enough votes for passage time talking about bringing his version States with Republican attorneys gen- in the Senate. I hope and expect that of the Green New Deal to the floor. Ev- eral in suing to repeal our healthcare Senator PAUL will not be the last Re- erybody knows it is nothing more than law. Mr. Readler didn’t merely work on publican to announce their support be- a political stunt. Everybody knows the the case; he was the lead lawyer who cause this should be an issue that tran- same Republican leader decried bring- filed the Justice Department brief de- scends party. The President’s emer- ing bills to reopen the government be- claring the administration would gency declaration gnaws at our very cause the President wouldn’t sign refuse to defend the laws of our coun- fabric, particularly the separation of them, and he said those were stunts. try. powers. The President—this Presi- Now he is doing the same thing. It is His recommendations were so out- dent—is trying to bend the law to his amazing sometimes that there can be a rageous that many career Justice De- will, to accrue powers that are not his. 180-degree turn so quickly. partment attorneys refused to sign it. There is no evidence that some new So let’s talk about some of the things Mr. Readler argued that protections for emergency exists at the border. The Leader MCCONNELL could actually do Americans with preexisting conditions President himself has said he ‘‘didn’t to move the ball forward on climate should be eliminated. Let me repeat need to do this.’’ An emergency, by def- change, which now more and more peo- that. The nominee up for a vote later inition, is something that you need to ple—two thirds of Americans, if you be- this afternoon argued that protections do. Everyone here knows the truth. lieve in polling—believe is a real threat for Americans with preexisting condi- The President didn’t declare an emer- to our planet that demands the Sen- tions should be eliminated. Then, a day gency because there is one. He declared ate’s action, not stunts, not games. after Mr. Readler filed this awful brief an emergency because he lost in Con- All 47 Democrats have introduced a hurting average Americans—hurting gress, threw another temper tantrum, resolution that affirms three simple tens of millions of average Ameri- and wanted to go around it. That, my things; one, climate change is real;
VerDate Sep 11 2014 00:38 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.002 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1638 CONGRESSIONAL RECORD — SENATE March 5, 2019 two, climate change is caused by better, and they are absolutely right. it harder for us to export to China and human activity; and, three, Congress It is our job to channel the energy of easier for them to import here after must immediately act to address the those young people—wonderful energy; stealing a lot of our know-how. A tem- problem. Leader MCCONNELL could I am so glad it is out there—into bold porary narrowing of the trade deficit bring that resolution to the floor. He legislation that addresses the climate would be cold comfort to the millions could say he believes climate change is crisis head on, and that is exactly—ex- of American workers who have suffered real and deserves our time and atten- actly—what Democrats will do, even if and will continue to suffer the abuse of tion. Given the rampant denialism Republicans continue to play these po- China’s policies. from some wings of the Republican litical games in their efforts to try to When the President was headed to Party, including so many in the White keep their heads in the sand and ignore North Korea, I said to him: When it House, that would be notable progress, that climate change is real. comes to North Korea, don’t let March but I don’t think it will happen. CHINA go in like a lion and come out like a You scratch your head and wonder Madam President, finally, on China, lamb. why. Why would they be so afraid to recent news reports have described an The President did the right thing on even say climate change is real? One emerging trade deal with China that North Korea, and I got up here and said possible answer many people think is would see the United States ease up on that he did. He backed out when the the cause, one of the main causes, is oil tariffs in exchange for the Chinese buy- North Koreans wouldn’t give him much money—oil money. The oil industry ing more American goods and making and resisted the opportunity of a photo has such power around here—and much some—some changes to its trade prac- op, which we know is hard for him to of that money is dark, by the way— tices. resist. He should do the same thing on that Republicans are afraid to admit As the New York Times reports this China. the candid truth and say climate morning, ‘‘The agreement does not ap- He got a lot of credit for backing out change is real. pear to require the sweeping changes to on North Korea. The President will get Our resolution doesn’t talk about China’s economy that prompted Mr. a lot of credit if he stands up to China how you propose to deal with this very Trump to begin the trade war.’’ If the and will eventually win because the real issue. We are not locking people reports about the emerging agreement Chinese economy is hurting. They just into this proposal or that proposal. We are accurate, I would say to President reduced their own biased estimates on are simply saying, let’s start talking Trump, you are heading down a precar- growth. It is lower. about it. Actually, the one good thing ious road. My plea to President Trump is this: about Leader MCCONNELL’s stunt is we The President’s instincts were right Stand firm. We will win this fight that are talking about it, and that is a good when he took a hard line on China. I you correctly began, but don’t back off thing. I have news for the leader. We supported his hard line on China. China for some temporary salve. America’s will keep talking about it throughout is killing us in terms of stealing our in- future depends on it. The income of our this whole Congress, and we will keep tellectual property, in terms of not let- workers and the number of good-paying trying to use our leverage to make it ting American companies compete fair- jobs we create all depend on our stand- easier to resist the bad forces of carbon ly in their large market while they are ing tough with China right now when dioxide entering our atmosphere. allowed to come here, in terms of not we sort of have them where we want So we are going to keep at this. We creating a level playing field for com- them and completing a strong deal. are going to keep at this, Leader panies no matter what country they Please, Mr. President, don’t back off. MCCONNELL. No stunt that you put on are from. When it comes to China trade and your the floor is going to deter us. We are The President was right when he said actions, don’t let March come in like a preparing legislation to defund Presi- we have to do something about it. In lion and go out like a lamb. dent Trump’s attempt to create a fake fact, as he began on this road, he did a I yield the floor. climate panel within the executive lot more than previous Presidents. The PRESIDING OFFICER. The Re- branch. Leader MCCONNELL can bring Both President Bush and President publican whip. that legislation to the floor once it is Obama did less to get China to under- THE ECONOMY ready so Congress can tell the Presi- stand the seriousness of this problem Mr. THUNE. Madam President, last dent that we do not tolerate the inten- than President Trump did. He knows week, we learned that the economy tional dissemination of disinformation that. grew at a rate of 3.1 percent from the to the American public on any issue, When you are getting close to a vic- fourth quarter of 2017 to the fourth especially climate change. tory, to relent at the eleventh hour quarter of 2018. That is the strongest Democrats have also said any infra- without meaningful, enforceable, and economic growth in over 10 years. Eco- structure bill must include substantial verifiable structural reform to China’s nomic growth for the fourth quarter of investments in green jobs. That is trade policies would be an abject fail- 2018 smashed market expectations. something Leader MCCONNELL could ure of the President’s China polices, In January, the economy created pursue. We all like jobs. Many Mem- and people will shrug their shoulders more than 300,000 jobs. More than 5.3 bers on his side of the aisle believe in and ask, what the heck did he begin million jobs have been created since wind and solar power—well, not many this for if he will not complete it? President Trump was elected. Job but at least some. Let’s move forward We need to put an end to the forced openings hit a record high of 7.3 mil- on that. We need to upgrade our power transfer of American technology and lion in December, substantially exceed- grids. We need to make energy more American know-how as a ransom for ing the number of those looking for available and cheaper and greener. doing business in China. We need to put work. The Department of Labor reports Let’s do that. an end to China’s systemic theft of that the number of job openings has ex- There are many more things besides, American intellectual property. A big ceeded the number of job seekers for 10 but make no mistake, before and after hack from China was found out just straight months. Unemployment is Leader MCCONNELL’s political stunt on last month. Our companies need the low. January marked the 11th straight climate change, Democrats will con- same unfettered access to China’s mar- month that unemployment has been at tinue to focus on the issue, propose so- kets that we allow Chinese firms to or below 4 percent. That is the longest lutions, and try to get some of those have to markets in America. streak in nearly five decades. solutions enacted into law in the places This may be our last shot. If the Wage growth has accelerated. Wages we have some leverage, even as a mi- President squanders his own efforts have now been growing at a rate of 3 nority. now, there will be lasting and untold percent or greater for 6 straight There is an enormous energy—enor- consequences for generations to come. months. The last time wage growth mous energy in this country, particu- The President is too focused on trade reached this level was in 2009. Median larly among young Americans—to take imbalances. That is short term. Those household income is at an alltime high. bold action on climate change. They come and go. The reason our trade bal- U.S. manufacturing has rebounded. see the planet on which they live ance is so bad is because of all of the The Wall Street Journal reported on changing before their eyes, not for the structural things China does to make Friday:
VerDate Sep 11 2014 00:38 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.004 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1639 America’s factories are hiring again. They are set on dismantling tax reform look at their taxes and tell you how After years of job losses, U.S. manufac- and raising rates to fund their socialist the Trump tax cut helped them as turing employment has risen for 18 straight fantasies. They want to spend $93 tril- working families. For some, there is months among those holding production or lion—more money than the GDP of the some value to it, but for most, there is nonsupervisory jobs, the longest stretch of gains since the mid-1990s. entire world—to put the government in none. You see, over a long period of charge of Americans’ healthcare, en- time, the vast majority of the benefits That is from the Wall Street Journal. ergy usage, and more. of this Republican tax cut go to people The list goes on. I wish I were joking, but Democrats’ in the highest income categories. If The economic growth we are experi- turn toward socialist insanity is all too there were ever a group who didn’t encing is the direct result of Repub- real. The kinds of tax hikes that would need a break, it is people who are al- lican policies. Economic growth has ac- be required to pay for Democrats’ pro- ready making millions of dollars each celerated over the past 2 years, thanks posals would cripple our economy and year. Yet this Republican tax cut gave to the lifting of the burdensome regula- severely downgrade America’s standard them the break. It added trillions of tions and a historic reform of our Tax of living—not to mention robbing dollars to our deficit, it helped the Code. Americans of their freedom to make richest people in America, and it forgot Before we passed the Tax Cuts and their own decisions about all the var- working families and left them behind. Jobs Act, our Tax Code was acting as a ious aspects of their lives. Yet Republican Senators still come to drag on economic growth. Small busi- It is mind-boggling that more and the floor and boast about it with regu- nesses faced heavy tax burdens that more Democrats are embracing social- larity. frequently made it difficult for them to ism and the less free and less pros- There is a better way to approach expand and create jobs or even to get perous future it would bring. Let’s this. Yes, I want to give tax incentives their businesses off the ground in the hope their socialist fantasies stay just and tax relief to working families be- first place. America’s global businesses that—fantasies—because our economy cause we know they are not getting the faced the highest corporate tax rate in might never recover from the reality of paychecks they need to meet their ob- the developed world, which put them at Democrats’ proposals. ligations, to save for the future, and to a competitive disadvantage on the I yield the floor. make sure their kids have a better life. international stage. The PRESIDING OFFICER. The as- We should be focused on them, not the Of course, all of that had real con- sistant Democratic leader. wealthiest among us—they are doing sequences for American workers. A Mr. DURBIN. Madam President, quite well, thank you. Let’s focus on small business owner facing a huge tax when I hear my friend from South Da- working families instead. The Trump bill was highly unlikely to be able to kota describe the state of the economy, tax cut forgot that. expand her business or to hire a new it is amazing how political amnesia (Mr. SCOTT of Florida assumed the employee. A larger business was going can take over on the floor of the Sen- Chair.) to find it hard to create jobs or im- ate Chamber. DIABETES prove benefits for employees while Do you remember the election of 2008 Mr. President, millions of Americans struggling to stay competitive against when Barack Obama was elected Presi- got up this morning and faced the chal- foreign businesses paying much less in dent of the United States? Was there lenge of diabetes. For most of them, it taxes. So we reformed our Tax Code to anything going on with the economy is now routine to measure their blood make it easier for businesses to grow, when he took office? Oh, something sugar and to inject insulin when nec- create jobs, and expand opportunities that the Senator failed to mention— essary so that they avoid the terrible for American workers. Now we are see- our country was facing the one of the outcomes of untreated diabetes. ing the results—economic growth, low worst recessions in the history of the At the highest levels of government, unemployment, higher wages, a record- United States. the person I think about immediately high number of job openings, and more. You had to go back to the Great De- is Sonia Sotomayor, who is an Asso- Importantly, the benefits of this pression to see the impact of this reces- ciate Justice of the U.S. Supreme growth are being experienced widely. sion on the American economy, and it Court. Hers is an amazing life story. The Wall Street Journal reports: happened under a Republican Presi- This woman from a Puerto Rican fam- Racial minorities, those with less edu- dent—George W. Bush. President ily went to law school, became recog- cation and people working in the lowest-pay- Obama inherited that, and most people nized as a talented and brilliant law- ing jobs are getting bigger pay raises and, in will never forget it because in 2008 and many cases, experiencing the lowest unem- yer, and eventually ascended to serve ployment rate ever recorded for their groups. 2009, many people saw their savings on the U.S. Supreme Court. They are joining manufacturing workers, devastated by the drop in value in the I got to meet her during the period of women in their prime working years, Ameri- stock market. They saw this economy time when she was going through her cans with disabilities and those with crimi- teetering on the edge and financial in- nomination process. She slipped and nal records, among others, in finding im- stitutions failing. This all happened on fell at an airport in New York and proved job prospects after years of dis- President George W. Bush’s watch. broke her ankle and couldn’t get appointment. President Obama inherited it and had around as much as she wanted to, so Again, that is from the Wall Street to turn it around—without the co- she parked herself in my office upstairs Journal. operation of the Republican Party, I and invited Senators to come in to The Obama administration was char- might add. A handful of them stepped meet her. Between those meetings, I acterized by a weak recovery and years up to join him in a bipartisan effort, stepped in the room and got to know of economic stagnation. There were but most of them opposed him. He did her and learned a lot about her. predictions that 2 percent growth everything he needed to do to save this It turns out, to no surprise, that this would be the new normal. But Repub- economy and then started turning it wonderful Supreme Court Justice from lican economic policies have turned around with job creation—unprece- the Bronx is a passionate fan of the the economy around. Now we need to dented job creation—throughout the 8 New York Yankees baseball team. We focus on ways to extend the benefits of years of his term. talked about baseball, and I said to tax reform even further and to secure Now, of course, along comes a new her: Occasionally, the Yankees play the gains we have made for the long President who wants to take credit for the Cubs at Wrigley Field. Would you term. all of it and, as the Senator from South join me there? Unfortunately, our colleagues across Dakota suggested, blame President She said: Sure. Invite me. the aisle are more focused on disman- Obama for the state of the economy he Well, I wasn’t sure she would actu- tling the policies that created the inherited. History tells us a different ally show up if I did, but I invited her. growth we are experiencing today. Ap- story. A few years ago, Justice Sotomayor parently, it doesn’t matter to them After this tax cut that the Senate came to Wrigley Field. She was a great that workers are doing better after Republicans are so proud of, I think sport. They had a Cubs jersey for her to years of economic stagnation or that you ought to ask the American fami- wear, which I am sure she didn’t ex- jobs and opportunities are increasing. lies paying their taxes now to take a actly feel comfortable in, and she went
VerDate Sep 11 2014 00:38 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.005 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1640 CONGRESSIONAL RECORD — SENATE March 5, 2019 out and threw the first pitch. We had a apolis—to send flowers because they re- During the last 2 years, Republicans wonderful time. duced the cost of their drug from $329 in the Senate bragged about filling the The reason I tell that story is, during to $140 a dosage. I am not going to send courts with Trump nominees at record the course of that baseball game, as we them any flowers, and I am not going pace. The Republican philosophy, when sat together at Wrigley Field, I noticed to express any great gratitude. They it comes to Trump judges, seems to be, that several times she tested herself are charging Americans, under this in Senator MCCONNELL’s words, ‘‘plow and her blood sugar because of the dia- new bargain approach, almost four right through’’ no matter how ques- betes she battles with every day. That times what Canadians are paying for tionable the nominee’s credentials or is not an uncommon experience with exactly the same product—four times. judgment. diabetics. To the other drug companies in- There are three more confirmation What is uncommon is what has hap- volved in this that are producing insu- votes scheduled this week. Let me tell pened to the price of insulin facing peo- lin: America is watching. If you are you about these nominees whom they ple with diabetes in America. You have going to continue to kite the cost of want to put on the court. to go back almost 100 years to the dis- this lifesaving drug, pressure is going Allison Jones Rushing is President covery of insulin. This is not a drug to grow politically even to the point Trump’s nominee to fill a North Caro- that just appeared on the market. where the U.S. Senate may take ac- lina seat on the Fourth Circuit Court Almost 100 years ago, researchers in tion. I think that day is coming. of Appeals. For those who are students Canada ended up discovering insulin So, for Eli Lilly: Nice first step. of the Constitution, you know that the extracted from animals, and they When you bring the cost of insulin in circuit court of appeals is the highest ended up making it available to Ameri- the United States for the same prod- court below the Supreme Court. cans and everyone, for that matter, be- ucts that you are selling in Canada to Allison Jones Rushing checks a lot of cause they surrendered their patent the same level, then I will send you the standard Trump nominee boxes. rights. Those who discovered insulin some flowers. She is a member of the Federalist Soci- said: We don’t want to make money off NOMINATION OF ALLISON JONES RUSHING ety, an absolute requirement if Trump of this. This is a lifesaving drug. Mr. President, we have three judges is going to nominate you for a lifetime Over the years, insulin has evolved before us on the floor of the Senate appointment to the Federal bench, from human-based insulin to what is this week. It turns out that the filling and—this is a recurring theme as known as analogue insulin and syn- of judicial vacancies is the highest sin- well—she clerked for Supreme Court thetic insulin in different dosage, but gle priority of the Republican leader- Justice Clarence Thomas. She is 36 years old. She has practiced the fundamental chemical that is sav- ship in the Senate. law for 9 years. How many cases has ing the lives of those who suffer from Senator MITCH MCCONNELL, the Re- diabetes has been known for almost a publican leader, has gone to extraor- she tried to verdict or judgment? Four. Has she been the lead attorney on any century. dinary, precedent-breaking lengths to of those cases? No. She is not a mem- What has happened to the cost of the fill vacancies. Of course, the most no- ber of the bar association of the State insulin that has been around for many torious example was when Senator of North Carolina, the State in which decades? It has risen dramatically. MCCONNELL, then in charge of the Re- she would sit if she is confirmed. That Last week, I took to the floor for the publican majority, announced that de- is the most scant, weakest legal re- first pharma fleecing award, which spite the death of Justice Scalia and a sume imaginable for someone who is went to the three companies that make vacancy on the highest court of the seeking a lifetime appointment to the insulin and sell it in America today. land, he would refuse to fill that va- second highest court of the land. Those companies are Sanofi, Novo cancy for almost 1 year because Presi- At our hearing—which, by the way, Nordisk, and Eli Lilly. dent Obama was in office. was held during a Senate recess over I took them to task for this increas- The man President Obama wanted to the objection of committee Democrats; ing cost of insulin, a drug that has put in that position, Merrick Garland we weren’t even in town when her hear- been around for so long. They are just from the D.C. Circuit Court, was widely ing was scheduled—Senator KENNEDY raising the cost way beyond the reach respected by Democrats and Repub- of Louisiana, who is becoming famous of many people who have to pay for licans alike, but his qualifications for this, started questioning her about this lifesaving drug. I told the story of meant nothing to Senator MCCONNELL. her breadth of legal experience. a young man covered by his parent’s The end game, in his mind, was the Senator KENNEDY is a real lawyer. On insurance—thanks to ObamaCare, the chance that a Republican President the Republican side, he has put some of Affordable Care Act—who, when he might be elected and fill that vacancy Trump’s nominees on the spot by ask- reached age 26, was on his own, man- with a Republican nominee. ing them some pretty tough questions aged a restaurant, couldn’t afford the Well, Senator MCCONNELL’s dream about legal procedure in a courtroom. insulin dosage that was required, ra- came true when Donald Trump was Senator KENNEDY said: ‘‘I think, to tioned his own insulin, and died as a re- elected President, and he turned be a really good federal judge, you’ve sult of that decision. around and nominated Justice got to have some life experience.’’ Ms. I made the point on the floor of the Gorsuch, who now serves on the Su- Rushing struggled to describe how her Senate that these pharmaceutical com- preme Court, filling the Scalia va- life experience actually prepared her panies are not sensitive to the reality cancy. That was the most extreme ex- for this lifetime appointment to the of life and death in what they are ample that we have, in the history of second highest Federal court. charging Americans for the cost of in- the U.S. Senate, of the defiance of tra- Senator KENNEDY made a valid point. sulin. dition and precedent, a defiance by The fact that a judicial nominee meets Yesterday, there was a news flash. Senator MCCONNELL with one goal in all of the litmus tests of being a loyal Eli Lilly, a pharmaceutical company, mind: to make sure that the judicial Republican doesn’t mean the nominee one of the producers of insulin prod- branch of our government became a po- has the experience or the legal ability ucts, announced that they were going litical branch of our government, to to be a good Federal judge. It is incon- to reduce the cost of a generic form of make sure that as many Republican ceivable to me that in the State of insulin known as Humalog to $140 a conservatives, some with the most ex- North Carolina, they couldn’t find a dosage. That is bringing it down from treme views, were appointed to the qualified and experienced conservative as much as $329 to $140—dramatic. bench. That has been his goal, and he Republican judge. Let’s put this in perspective for one pursues that goal to this day. The Federal circuit courts are criti- moment. We checked the records, and There are three nominations before cally important. Since the vast major- it turns out you can buy that exact us that amply demonstrate his efforts. ity of cases don’t reach the Supreme product made by that same company When Donald Trump became President, Court, the circuit courts are often the for sale in Canada for as little as $38. Senate Republicans stopped their ob- last word. This is a position where ex- They are expecting—I think Eli Lilly is struction of judicial nominations and perience matters, and, unfortunately, expecting all of us to send flowers to started moving nominations through Ms. Rushing doesn’t have enough of it. their corporate headquarters in Indian- at a breakneck speed. I am going to oppose her.
VerDate Sep 11 2014 00:38 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.006 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1641 NOMINATION OF CHAD A. READLER parents and placed in detention and Republicans understand they are not Mr. President, the second nominee is that these infants, toddlers, and chil- doing well with growing segments of Chad Readler, a 46-year-old attorney in dren were then lost in the system? the U.S. population, so they are trying the Trump Justice Department. When They didn’t keep a computer check on to restrict and limit the rights of some he was nominated to another circuit where they were sent or who their par- groups who may vote against them to court of appeals, the Sixth Circuit, it ents were. actually show up and vote. They go to was a clear sign of the Trump adminis- It took a Federal judge in San Diego, ridiculous lengths. It turns out that tration’s strong negative feelings about CA, to mandate and require this ad- Mr. Eric Murphy—a nominee we will the Affordable Care Act and the fact ministration to account for these chil- have before us this week for a circuit that that act covers preexisting condi- dren. It is one of the most shameful court position—agrees with their posi- tions. chapters in recent American history, tion on voter suppression. Mr. Readler filed the Trump adminis- and, of course, Mr. Readler, this nomi- My Republican colleagues are largely tration’s brief in the Texas v. United nee, defended it. silent about the outrageous incident States case, in which he opposed the He argued in favor of the Trump ad- that occurred in North Carolina last Affordable Care Act’s preexisting cov- ministration’s efforts to end the DACA week. There was a glaring case of elec- erage requirement. Do you remember Program—790,000 young people brought tion fraud, and it involved their party, that issue from the last election? It here as children to this country, who not the Democrats. It involved a gen- was a big one. It might have been the went through all of the hoops and paid tleman whose conduct was so out- biggest one. the fees and qualified to have a chance rageous and criminal, they voided the We basically said that we think to stay in America without fear of de- congressional election. I can’t remem- health insurance should be available to portation. Well, it turns out Mr. ber that ever occurring. Why would the you even if you don’t have a perfect Readler thinks that is a bad idea. Republican Party ignore that occur- He litigated against the rights of medical record. And who does? Hardly rence in their own ranks and then try same-sex couples and opposed anti-dis- any of us. Certainly, each of us knows to restrict voting for people who, crimination protections for LGBTQ someone in their family who struggles frankly, have a right, as all of us do, to Americans. He advocated for making with a medical challenge, and without legally vote in this country? Why are the death penalty more widely avail- a perfect medical record, you can be they appointing judges who would de- able and applying it to children. He ar- fend that approach? I think it is be- denied insurance or charged premiums gued for denying Byrne JAG violence you can’t pay, unless you have the pro- cause of the endgame. The endgame is prevention funds to a city I represent: to restrict the number of people who tection of the law. The law is known as Chicago. the Affordable Care Act, or are going to vote in the future and try It is hard to imagine a more con- to limit those who might vote against ObamaCare. troversial partisan nominee than Mr. Mr. Readler argued that this require- the Republican Party. Readler. Yet his nomination is going to I also am troubled that Mr. Murphy, ment of covering people with pre- be rammed through this week. the nominee before us, has declined to existing conditions, which benefits tens NOMINATION OF ERIC E. MURPHY commit to recuse himself from matters of millions of Americans, had to be Mr. President, Senate Republicans involving tobacco. As the Campaign for stricken from the law. The brief Mr. have also scheduled to vote this week Tobacco-Free Kids noted, Mr. Murphy Readler signed was deeply controver- on Eric Murphy, a 39-year-old nominee personally and extensively represented sial. Our colleague Senator LAMAR to another Ohio-based seat on the the tobacco company R.J. Reynolds ALEXANDER, Republican from Ten- Sixth Circuit. Mr. Murphy is well when he was in private practice. For nessee, called the argument that Mr. known for his advocacy against LGBTQ example, Mr. Murphy was the attorney Readler made in his brief opposing rights, including the landmark to R.J. Reynolds on a series of peti- ObamaCare ‘‘as far-fetched as any I Obergefell case, in which he argued tions to the Supreme Court that sought ever heard.’’ Thank you, LAMAR. against the right of same-sex couples to limit that tobacco company’s liabil- Two Department of Justice attorneys to marry. ity from a landmark lawsuit in Flor- withdrew from the case when they were He has a lengthy record of defending ida. Mr. Murphy’s refusal to commit to asked to sign the crazy arguments in restrictive voting laws. He has fought recuse himself from matters where he this brief, and a senior Department of for laws to make it more difficult for clearly has expressed his opinions and Justice litigator resigned in protest of Ohioans to exercise their fundamental has gotten paid for it raises serious the bizarre arguments that Mr. Readler right to vote, including voter purge questions about whether he can serve signed up for. laws and laws limiting the ability of the cause of justice. However, almost immediately, after poll workers to assist voters. The nominations of Eric Murphy and Mr. Readler signed this crazy brief, he I know a little bit about Ohio’s expe- Chad Readler are being pushed through was nominated by the White House for rience because, a few years ago, I this week over the opposition of Ohio a lifetime appointment to a Federal ju- chaired a subcommittee that held a Senator SHERROD BROWN. Senator diciary. hearing in Cleveland, OH, discussing BROWN testified before the Senate Judi- What message is the Trump adminis- their decision as a State to start lim- ciary Committee about his opposition tration sending with this nomination? iting the opportunity of people to vote to Murphy and Readler. He said: ‘‘I They are doubling down on their at- in Ohio. I called those witnesses before cannot support nominees who have ac- tack on coverage of people with pre- my subcommittee—election officials tively work to strip Ohioans of their existing conditions. They are putting from both political parties, Democrats . . . rights.’’ I hope my colleagues will in a lifetime appointment a circuit and Republicans—put them under oath listen to Senator BROWN. No one has court judge who will be watching for and asked them a basic question: What fought harder for the rights and oppor- vindication. They are rewarding those was the incidence of voter fraud in tunities of Ohioans than that Senator. who have led the fight against the pre- Ohio that led you to restrict the access It is shameful that circuit court existing coverage requirement. This is of people to vote, to require voter IDs, nominees like Murphy and Readler are deeply troubling. to limit early voting? What were the being moved forward over the legiti- That is not my only concern with Mr. instances which led to that conclusion? mate objections of their home State Readler. He has also defended the They could tell me none, not one. I Senators. Each of us as Senators knows Trump administration’s unconscion- asked them: How many people have our State. We know when our State’s able family separation policy. Do you been prosecuted for voter fraud in Ohio legal community lacks confidence in a remember that one? Remember when, that led to this? Well, maybe one sev- nominee’s qualifications. in March of last year, Attorney Gen- eral years ago—here or there—despite The blue-slip procedure is the mecha- eral Sessions came forward and proudly millions of votes being cast. Let’s call nism Senators use for each State to announced the family separation pol- this for what it is: voter suppression speak as to these nominees. This last icy? Do you remember then that 2,800 authored by Republicans at every level week, when it came to a circuit court infants, toddlers, and children were of government, even here in Congress, position in the Ninth Circuit, two Sen- forcibly, physically removed from their designed to fight demography. ators from the State of Washington
VerDate Sep 11 2014 00:38 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.009 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1642 CONGRESSIONAL RECORD — SENATE March 5, 2019 were denied their blue-slip rights, There are two things we have to we identified over $800 billion in ways which have traditionally been given to have. We have to have economic that we could save Federal tax dollars. them in the Senate. That broke the growth. If our economy is stagnant, we For the specific problems we laid out, precedent last week and continues this never catch up. The reason for that is, there is a solution. If we want to try to week. The Republican Senate leader- when the economy is stagnant, more start attacking some of these things, ship will break every rule, every prece- people in our Nation need assistance. here is a proposal. Our goal from our dent—whatever is necessary—to fill They need housing support. They need office is very simple: We believe all 100 these vacancies. Without blue slips, the food support. They need other things to offices should be looking for ways to White House can ignore home State in- help them in those scarce times. Unem- save Federal tax dollars. We believe ev- terests and pick extreme judges like ployment benefits go up significantly eryone should look for ways to be more the ones before us this week. during the time period that our econ- efficient. What we are doing is not It pains me to watch my Republican omy is down because people can’t find unique to our team; every team can do colleagues systematically dismantling jobs and our safety net kicks in larger it. In fact, we believe that everyone guardrail after guardrail in the judicial amounts. wants to see the debt and deficit go nomination process, all for the sake of When we have economic growth, down, but now there is the next step of stuffing the court with their fewer people need housing assistance, actually identifying how to do it. ideologues. The nomination process in fewer people need food assistance, and the Senate is breaking down before our fewer people receive unemployment In the last 4 years, we have identified eyes. Our ability to fulfill our constitu- benefits. The economy itself grows. As $800 billion in ways to save Federal tax tional responsibility to advise and con- more people have jobs and make dollars. That is a start. That is a begin- sent is diminished under the Constitu- money, more people pay taxes. So eco- ning point of how to actually get us tion we have all sworn to uphold and nomic growth is essential to the there. That would get us back to bal- defend. That is a shameful chapter in growth of our economy and to working ancing our budget, but we still have a the history of the Senate. our way out of debt. That is why the ways to go to get to a surplus and pay- Mr. President, I yield the floor. tax reform bill was so incredibly im- ing off our debt and deficit. The PRESIDING OFFICER. The Sen- portant to us—to get a growing econ- We just released our ‘‘Federal Fum- ator from Oklahoma. omy again. Our economy had been bles’’ report. It is actually out today GOVERNMENT FUNDING stagnant for a decade. We would lit- online. People from any office or any- Mr. LANKFORD. Mr. President, the erally have never gotten out of it if we place can go to lankford.senate.gov and number 22 trillion should matter to us. had stayed in a stagnant economy. download the free report. This report is That is our current debt in the United Folks called me and said: When the a little bit different for us. We want to States. Not to be confused, we have tax revenue changed, when the tax re- identify the major problems we have debts, and we have deficits. You will form bill happened, it also blew a hole not only in overspending and blowing hear those names get thrown around in the budget. I have had folks throw our deficit, but we want to identify together. Deficit is the amount of over- all kinds of numbers around and say ways that we are actually being ineffi- spending in a single year—1 year of this is the giant hole that is in the overspending—and debt is the collec- budget. cient in how we operate. We begin by tion of all of those deficits. Interestingly enough, we are now a talking about government shutdowns, As a nation, our current debt is $22 fiscal year through. Our revenue for as I think we should begin with. We trillion. To give some perspective on 22 fiscal year 2017—the year before the tax just experienced the longest govern- trillion, if you were to take the total reform—was $3.315 trillion. Our revenue ment shutdown in American history. It distance of 22 trillion miles, you would after the tax cut and the tax reform, is not the first by far. People have have to fly from Earth to Pluto and for fiscal year 2018, is $3.329 trillion. If short memories when they forget the back 3,081 times to get to 22 trillion you are doing the math in your head, government shutdowns that happened miles. This is heavy debt. that is $14 billion more in revenue after during the Carter administration, the We are used to hearing about debts the tax cuts. That means our revenue three times Tip O’Neill shut down the and deficits in relationship to things went up the next year. government on President Reagan in like home mortgages. Many of us think Contrary to all the myths that were the 1980s, or the multiple shutdowns about taking 30 years to pay off our out there early on saying we were that occurred on almost every Presi- mortgage. Well, for us to pay off our going to have this giant hole in the dency in the modern day. But that is national mortgage, this $22 trillion—if budget, our revenue went up after the not solving the problems we have. we were to balance our budget, which tax cuts went into place. Why? More Last year, eight Republicans and is way out of balance right now, and people had more money to invest. More eight Democrats met almost the entire then have a $100 billion surplus—so people invested. As they invested, as year and talked about how to reform let’s say that by next year, we have a they engaged in the economy, as they the budget process. I am a firm believer balanced budget and a $100 billion sur- had more money in their pockets, they that we will never solve the problem plus. That would be a very large sur- bought more products, and that stimu- with our budgeting until we solve the plus for us. How many years of $100 bil- lated more profits. That meant people problem with how we do budgeting. We lion surpluses in total revenue would it got paid more. In this past year of our don’t budget in a way that actually de- take to pay off $22 trillion? The quick economy, wages have gone up—espe- termines more efficient spending. We math on that is 220 years. That is ap- cially wages for the lowest income determine how to spend more but not proximately as long as we have been a Americans. Their wages have gone up. how to spend less. That is an issue we republic. If we had a $100 billion sur- Unemployment has come down. More have to solve. plus every single year for the next 220 people have a job. There are more op- years, we could pay off our mortgage. portunities to get a different job. The 1974 Budget Act has only worked Does anyone think that every single All those things are great benefits, four times since it was written in 1974. year over the next 220 years, we are but that doesn’t solve $22 trillion in It is not gospel. It is not the Constitu- going to both balance our budget and debt. We need to have economic tion. It needs to be redone. There are have a $100 billion surplus? growth, but economic growth by itself proposals we put into place specifically The issue we face as a nation is that is never going to solve the issue. We on how we can fix the budgeting proc- we have fumbled a lot in our past. We also have to deal with our spending and ess. Again, until we get a better budget fumbled our spending. We fumbled our our plans. process, we will never get a better handling of Federal tax dollars. We Each year for the last 4 years, my of- budget product. We identified some have to work our way out of this. fice has released something we call simple things—how we can do a 2-year Climbing out of this is not going to be ‘‘Federal Fumbles.’’ It is ways we be- budgeting system; how we can avoid a 1-year deal. This is not a short-term lieve the Federal Government has government shutdowns. There are sim- fix; this is an intentionally long-term dropped the ball. Each year, we take on ple solutions we put into place that I fix. different areas. Over the last 4 years, think would actually be effective.
VerDate Sep 11 2014 00:38 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.010 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1643 We released a bipartisan bill in the through an entity called the GAO. Usu- fornia. Now, I kind of understand how a last couple of days on ending govern- ally, between 12 and 18 months later, it successful mariachi program that ment shutdowns that I hope we can ac- will give us back a report just to say works with children and youths may be tually get momentum toward and solve what programs are out there and what something we would do for a couple of the issue of government shutdowns. those programs do. years to get it started as a community We deal with the issue of the Presi- I have met multiple times with the program. That makes total sense. Yet dent’s budget—not just this President’s director of the GAO regarding a bill we have done it every year since 2001. but every President’s budgets. It has proposal called the Taxpayers Right- At some point, shouldn’t the local enti- been a problem. There has never been a To-Know Act, a bill that passed unani- ties pick that up? Why is that a Fed- time since the 1974 Budget Act that the mously in the House of Representatives eral program that has to be done year President’s budget has ever been imple- during the last session. Then it came after year after year? mented. It is an informational docu- to the Senate and stalled. This bill The grant issues don’t have a lot of ment. Let’s turn it into what it should does something very simple. It tells transparency, and there is a reason for be. lawmakers and taxpayers what their that. It is that people don’t want to be Let’s figure out how we can start re- government actually does. It is not seen. They don’t want anyone to know ducing our deficit. We have 12 bills we trying to hide anything. It is trying to that the program is out there. We want put out every single year for spending. list every program that we have and just to ask a simple question. Let’s do There is no mandatory bill for savings. how much we spend on that program. If the grants, but let’s make sure they As simple as this sounds, why don’t we it is evaluated, how is it evaluated? line up with Federal priorities. Let’s add a 13th bill to our appropriations How many employees are dedicated to make sure they actually line up with process? There would be 12 bills that it? There is no gimmick to it. It is just strategic things that actually help our are designed for spending and 1 that is that simple. It is transparency. The economy and help expand our Nation designed for savings. For every single great gift to our democracy is trans- and protect our national security. Congress, there would have to be a sav- parency in how we spend dollars. There are basic things that we can ings bill. Now, that Congress can Just this basic bill would allow every do, and we lay some of those things choose how much it wants to save, but single person in the country to ask out. We lay out some questions that we every single Congress would have a questions of its government. Why do think are practical questions on renew- mandatory savings bill to figure out we have four programs that seem to do able fuel and, in particular, on ethanol. what it is going to do to actually pull the same thing? Why do we have 18 pro- The ethanol program was designed to our deficits back. With our being $22 grams in another area and 16 different reduce emissions, but when it was de- entities that seem to do something trillion in debt, I don’t anticipate any- signed to reduce emissions, it also similar? Why can’t we combine that? time soon that we are not going to grandfathered in all of the entities at Why can’t we crowd-source ideas? The need that 13th bill. that time that had produced ethanol, reason is that we don’t put transparent We could do this. We could fix the and none of those were required to re- information out. We could crowd- way we actually make the law regard- duce emissions—only new ones. ing the budget, which currently is not source the ideas of how to fix our gov- What has happened? Practically no law but is a suggestion made by Con- ernment if only we allowed the tax- new ones have come on board because payers to see their government. The gress that has been blown past every it is a lot more expensive to limit Taxpayers Right-To-Know Act allows single year. There are all kinds of emissions than it is to be an old facil- us to do that. budget games that are out there that We deal with our grant reforms. It is ity that doesn’t limit emissions. You make the budget actually look better one of the areas in which we have can’t be competitive in limiting emis- than it is. Some of them are great, cute pushed pretty hard in the last several sions. So really what the ethanol man- names, like CHIMPS, or Changes in ‘‘Federal Fumbles’’ books, but we lay date does is to protect the old ethanol Mandatory Program Spending. They out a set of ideas. There is a bill called companies to make sure they never get sound adorable, but what they actually the GREAT Act, which passed in the competition. As a Congress, why aren’t do is to make the budget look like it is last House of Representatives over- we looking at that? closer to balancing when it is actually whelmingly. By the way, the House of If you are not in the Midwest, you even further from balancing but has a Representatives in this session, led by pay more at the gas pump every time budget gimmick. We need to end some the Democrats, has also passed the you fill up because of the ethanol. If of those. GREAT Act and has sent it over to us you are in the Midwest, it may be a lit- We lay out proposals on how to re- in order to reform the grant process tle cheaper for you, but if you are on solve the debt ceiling. Process reforms and how that information gets out. the east or the west coast, your gas will make a big difference in our being Now, it is a first step in getting infor- prices are higher because of the eth- able to get on top of the big issue. They mation. I think there are more, but it anol mandate. Are you happy with may not be exciting and they may not is a great first step for that. that? As a government, we need to look be headline-grabbing, but until we fix Grants always seem to be our issue. at that. We think it is a legitimate these things as a body, they are never Some $600 billion a year is spent by the question to ask about not only our debt going to get better. Federal Government just on grants. and deficit but just about basic con- We deal with Senate rules on how we There is a great need for greater trans- sumer spending for our GDP and the are actually going to work together to parency in that. Some grants are very growth of our economy. solve these issues. The Senate has large, and some of them are small. We We deal with a lot of issues with re- stopped working together on a lot of can’t figure out why we do some of gard to the Federal workforce. We deal these things. So we lay out some of the them at all as Federal taxpayers. For with regulatory reform. We walk internal aspects as to how to solve instance, last year, the National En- through some of the hardest issues them. We lay out some bills that are dowment for the Humanities gave a about how we are taking care of our out there that we have proposed. One is grant to a California professor to use veterans and what is happening with called the Taxpayers Right-To-Know Federal tax dollars to study Soviet regard to taking care of things like Act. winemaking—not current Russian healthcare and transitioning them into We don’t have great transparency in winemaking with Federal grant dollars vocational work. We feel it is impor- our spending. If taxpayers wanted to but historic Soviet winemaking. tant. find out how many government pro- Now, I can kind of understand why We have dug into small programs— grams there were that were similar in California winemakers may want to do for instance, an IT development pro- function, they couldn’t find out. The a study of Soviet winemaking for some gram for veterans in Muskogee, OK— hard part is, as Congress, we can’t find reason, but why are Federal taxpayers because if you are in the veterans serv- out either. The only way that we can being asked to pay for a study on So- ice center in Muskogee, which is one of get a programmatic list or get the de- viet winemaking? Yet we did. the largest veteran service centers in tails of different programs from dif- Since 2001, we have given a Federal the country, you handle a lot of dif- ferent Agencies is to make the request grant for a mariachi program in Cali- ferent documents. As you go through
VerDate Sep 11 2014 00:38 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.011 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1644 CONGRESSIONAL RECORD — SENATE March 5, 2019 that process for those great employees terest on our debt. The CBO estimates for those individuals with preexisting who are there—and there are really that within 10 years our interest pay- conditions that were in the Affordable some solid people who are there—they ments alone will be $928 billion. We Care Act. The repeal of the Affordable have to log in multiple times and use a have crossed over that tipping point we Care Act is the most obvious example whole list of workarounds in their sys- talked about before. Now, just to stay of that. tem, which gets bogged down. Each em- at the status quo, because of the rising This week, we will have a rare oppor- ployee there spends 45 minutes a day interest rates and interest payments, tunity to take an up-or-down vote on just going through the logistics of log- we have to find $400 billion a year, this issue of whether we support keep- ging in and changing around the sys- every year, in new taxes or new cuts. ing protections for people with pre- tem to make it work. There are 45 min- We are fumbling on the biggest issue existing conditions in this country. utes a day of lost productivity for that Americans have handed us. It af- The reason for that is, we are going to every single person there. fects our national security. It affects vote on a nominee to the Sixth Circuit The good news is that Congress allo- the future of our children. It affects Court who orchestrated—who di- cated $30 million to fix the IT problems how we take care of those who are in rected—the Department of Justice’s at- there. The bad news is that the prob- poverty. It affects those who are in the tempts to take away protections for lems are still there. So we are asking most vulnerable moments of life. It af- people with preexisting conditions the simple question: Where did that fects those with disabilities, and it af- through the court process. money go? How come the problem fects our transportation. Chad Readler filed a brief in a case wasn’t fixed? We have to have a real dialogue brought by State attorneys general— We can go on and on with regard to about this. We are doing our part. We all of them Republicans—to strike these issues. In page after page, we are trying to get the word out. Let’s from the Affordable Care Act the pro- have tried to lay out sets of solutions— have a dialogue and together figure out tection for people with preexisting con- things that we see as problems and in- what we can do next in order to solve ditions. efficiencies in the way our government this because none of us have plans for Normally, when State attorneys gen- is working and in the way our Congress a $400 billion cut next year. That eral come after the constitutionality of is working—and establish what can be means that next year it will again get a statute, whether those are Repub- done. Our goal is simple. Laying out worse, and it will keep getting worse lican or Democratic attorneys general, ‘‘Federal Fumbles’’ is a to-do list for until we solve it. the administration, whether it be a Re- us. This is what we are working on I yield the floor. publican or Democratic administra- right now along with a lot of other The PRESIDING OFFICER. The Sen- tion, defends the constitutionality of issues. ator from Connecticut. the statute. We encourage every office to glance Mr. MURPHY. Mr. President, I appre- This was an exceptional case in through it. Ask your staff members to ciate the remarks of my good friend, which these Republican attorneys gen- glance through and see the things that the Senator from Oklahoma. I look for- eral were trying to take away protec- they are working on in their offices, ward to working with him on ways that tions for people with preexisting condi- and see if we are not laying out some we can try to come together and solve tions, saying the ACA was unconstitu- ideas. Let’s find ways to work to- some of these big problems. tional, and an Assistant Attorney Gen- gether. Of all of the things to agree on, In a minute, I am going to talk about eral by the name of Chad Readler stood we should be able to agree that our $22 the Affordable Care Act, which is prob- up and volunteered to file a brief alleg- trillion of debt needs to be addressed. ably the signature accomplishment of a ing that, in fact, the attorneys general Let’s strategize as to how we are going Democratic Senate and Congress. It is were right—a rare, almost completely to solve it. Let’s find ways that our notable that the Affordable Care Act, unprecedented example of the Depart- government is inefficient and find ways for all of its controversy, reduced the ment of Justice arguing against the to fix it. deficit. It did not increase the deficit. constitutionality of a statute that had Let me give you one more number. It is also notable that the signature ac- been passed by the Congress and signed We met in a bipartisan group last complishment of the Republican Con- by the President. year—eight Republicans and eight gress and the Republican Senate was a Interestingly, before Chad Readler Democrats—and tried to solve this tax reduction bill that has dramati- decided to file that brief, others at the issue on budgeting. Unfortunately, it cally spiraled the deficit out of control. Department of Justice refused. In fact, was unsuccessful. Those with the Con- There is $2 trillion of additional defi- one lawyer left the Department of Jus- gressional Budget Office visited with cits in that provision. tice because he wouldn’t put his name us, and we asked them a very specific I share the concerns about the def- on something so absurd as the brief question as to our current level of debt. icit, and I find it curious that this Con- Chad Readler filed. If we were to just try to stay at our gress, under Republican control, has I am not the only person who thinks current level of debt—not grow any chosen to dramatically increase defi- the arguments in his brief trying to more, not get any worse—how much cits, making us on pace for having the strike down those protections for peo- would we have to tax or cut? Their re- biggest deficits in our legislative his- ple with preexisting conditions was ab- sponse was $400 billion a year, every tory—with enormous additional new surd. In fact, Senator ALEXANDER read year, for the next 30 years. To just not elements of debt as well. Readler’s brief and said the arguments make the problem worse, we have to ei- NOMINATION OF CHAD A. READLER in it were ‘‘as far-fetched as any I have ther tax more or cut $400 billion a year, Mr. President, I am here, though, to ever heard.’’ That is a Republican Sen- every year, for the next 30 years to talk about the Affordable Care Act. ator. keep it from getting worse. That is be- One of the things we talk a lot about Now, the consequences of the judge cause, as the CBO stated, Federal out- here on the Senate floor is of our mu- following the recommendations of lays, which is how we are spending, are tual concern for people with pre- Chad Readler were catastrophic. In projected to climb from 20.8 percent of existing conditions. These are the 130 fact, the judge struck down the Afford- the GDP in 2019 to 23 percent by 2029. million Americans who are sick or who able Care Act. That order has been held The aging of the population and the have histories of sickness. If you were in abeyance temporarily, but the con- rising healthcare costs contribute sig- to listen to both sides of the aisle, you sequences of the Readler brief would be nificantly to the growth of spending for would believe that everyone is on board that 133 million Americans would lose the major benefit programs, such as with the idea that we should provide their protections from higher rates be- Social Security and Medicare, and the protections to individuals who are sick cause they were sick or had been sick. rising debt and higher interest rates or who have ever been sick. The 20 million people who had insur- drive up the Federal Government’s net Yet actions do not meet words when ance would lose it virtually overnight. interest cost. it comes down to it in the U.S. Senate. Admittedly, the Readler brief didn’t We have reached a tipping point in Over the last 2 years, my Republican agree with every single element of the interest. Last year, our interest pay- colleagues have spared no expense or lawsuit of the attorneys general but ments were $325 billion just in the in- effort to try to strip away protections enough of it such that it was very clear
VerDate Sep 11 2014 00:38 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.012 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1645 the administration was weighing in on NUCLEAR DETERRENCE While we rely on this highly capable the side of the petitioners. Mrs. FISCHER. Mr. President, in the but aging fleet, we also look ahead to Almost immediately after filing that 116th Congress, I am once again the future of the bomber force, and brief, he was nominated to serve on the chairing the Senate Armed Services that is the B–21. appellate court, sending a very clear Committee Subcommittee on Strategic As the B–21 development progresses, signal to all of those in the administra- Forces, which oversees our nuclear it is important to remember the les- tion that if you take a leadership role forces. sons learned from the last time we de- on trying to strip away protections for Over the coming months, I will be veloped a nuclear bomber, the B–2. As people with preexisting conditions, you coming to the floor to discuss specific the Cold War ended, nuclear tensions will be rewarded—in this case, re- components of our nuclear deterrent cooled and the need for an expensive warded with a lifetime appointment. and their contributions to the defense nuclear-capable stealth bomber seemed So we are about to vote on the archi- of this Nation. to diminish. Even though the B–2 had tect of this administration’s legal Today, I rise to speak about the crit- already been developed and significant strategy to try to undo the most pop- ical role strategic bombers play in our resources spent on research and devel- ular, most important protections in nuclear triad. The triad is known for opment, Congress decided to reduce the the Affordable Care Act, and it rep- its flexibility and resilience, and bomb- final order from 132 aircraft to 20. In so resents this rare opportunity to under- ers contribute to this flexibility in im- doing, the per-unit cost of the airframe stand where Senators stand. portant ways. They are highly visible, rose to $2 billion. The Air Force has It is super easy. It takes no political and they can be forward deployed. said it plans to buy at least 100 B–21s, They can be used to signal resolve to risk to stand up and say you support but many in this Chamber believe more our adversaries and commitment to protecting people who are sick and are likely required to meet the conven- making sure insurance companies don’t our allies. This benefit is not theoretical. Bomb- tional mission the Nation expects our jack up their rates. As it turns out, it Air Force to perform. is a little bit harder to actually back ers have been used in exactly this way many times, particularly on the Ko- The nuclear triad is the bedrock of up your words with actions, but this rean Peninsula. Bombers are also re- our national security, and the airborne one isn’t that hard. Voting against callable and, when armed with standoff leg continues to contribute to the Chad Readler isn’t that difficult, in weapons, they can offer the President a strength and resilience of our nuclear part, because Senator BROWN, who is variety of tailored response options in forces. It is our responsibility to ensure the Senator from Ohio who did not sign a crisis. that this capability is modernized, par- a blue slip for Chad Readler’s nomina- As the oldest leg of our nuclear triad, ticularly as the global security envi- tion, has made it clear as early as 10 bombers have a long and distinguished ronment transitions to one of long- minutes ago that he is willing to sup- history. In some ways, the story of the term strategic competition. port and sign a blue slip for a main- strategic bomber begins in the great I yield the floor. stream conservative nominee. State of Nebraska. The PRESIDING OFFICER. The Sen- In this case, Democrats aren’t saying In the early 1940s, Bellevue, NE, was ator from Nebraska. we want a nominee to the Sixth Circuit home to the Martin Bomber Plant, Mrs. FISCHER. Mr. President, I ask who isn’t one who could be charitably which was located on the land that is unanimous consent that the Senate described as a conservative nominee. now Offutt Air Force Base. The Martin stand in recess under the previous We just don’t want a nominee who has plant, with the help of thousands of Ne- order. made his mark trying to tear down braska workers, built and modified the The PRESIDING OFFICER. Without protections for sick people in this Enola Gay and Bockscar. These two B– objection, it is so ordered. country, but that is what happens 29 bombers went on to deliver the Lit- f when you get rid of the blue ship. Sen- tle Boy and Fat Man nuclear bombs ator MCCONNELL and Senator GRASS- over Hiroshima and Nagasaki, ending RECESS LEY have gotten rid of this decades-old World War II and ushering in the nu- The PRESIDING OFFICER. Under protection to try to make sure nomi- clear age. The horrific destruction of the previous order, the Senate stands nees to the Federal bench, to the appel- these attacks established the deterrent in recess until 2:15 p.m. late bench in this case, have the sup- power that has prevented conflict on a Thereupon, the Senate, at 12:05 p.m., port of their home State Senators. global scale ever since. recessed until 2:15 p.m. and was reas- When you do that, you tend to get a As ballistic missile technology sembled when called to order by the little bit more mainstream nominees. evolved, the bomber continued to be Presiding officer (Mrs. CAPITO). Now that the blue slip is gone, now the mainstay of our nuclear deterrent that Senator BROWN has no ability to forces through the early 1970s. Al- f weigh in on individuals who are going though bombers carried the heavy load EXECUTIVE CALENDAR—Continued to be making law in his State, you get for many decades, today we no longer The PRESIDING OFFICER. The Sen- a much more extreme nominee like rely on them in the same way. Nuclear- ator from Texas. this. armed bombers have not been on 24- So let’s see what happens. I hope hour ready alert status since the end of TRIBUTE TO RICHARD C. SHELBY there are some Republicans who will the Cold War in 1991, and the respon- Mr. CORNYN. Madam President, I stand up and decide they are going to siveness that alert-status bombers pro- want to start my remarks this after- put their votes where their mouths vided now resides primarily with our noon by saying congratulations to our have been on the question of protec- ICBM forces. friend Senator RICHARD SHELBY, Ala- tions for people with preexisting condi- The strength provided by the other bama’s longest serving U.S. Senator as tions, but at the very least, the Amer- legs of the triad have allowed us to of this Sunday. ican public will get to see where we all take our nuclear capable bombers off Here in Washington, we know him as stand on this very important question alert and use them for conventional chairman of the all-powerful Senate in a matter of hours. missions. When we send B–52 bombers Appropriations Committee, which I yield the floor. to Afghanistan to complete a conven- holds the congressional purse strings, I suggest the absence of a quorum. tional mission, we exercise the triad’s but Alabamians, from Huntsville to The PRESIDING OFFICER. The flexibility. When U.S. B–2 bombers Gulf Shores, know him as a devoted clerk will call the roll. struck targets in Libya, we utilized the public servant working for the good of The legislative clerk proceeded to triad’s flexibility. These examples all of his constituents and an invalu- call the roll. clearly demonstrate that the flexi- able Member of the U.S. Senate. Mrs. FISCHER. Mr. President, I ask bility of the triad is not an abstract Senator SHELBY is a man of prin- unanimous consent that the order for concept. It is something our forces use ciples. He believes in smaller govern- the quorum call be rescinded. every single day. ment, supports the Second Amend- The PRESIDING OFFICER. Without Our current nuclear bomber force ment, and works tirelessly for the mili- objection, it is so ordered. consists of 46 B–52 and 20 B–2 aircraft. tary men and women from Alabama.
VerDate Sep 11 2014 01:22 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.014 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1646 CONGRESSIONAL RECORD — SENATE March 5, 2019 There is only one thing he is more look at one of the nominees we just and these nominees who want to serve proud of than his home State, and that confirmed as an example. Nearly 400 by keeping them hanging and forcing may be the Crimson Tide football team days after he was nominated, John them to wait more than a year before and the number of their national cham- Ryder was finally confirmed for a they are confirmed. This, again, is part pionships. board position with the Tennessee Val- of the ‘‘Never Trump’’ syndrome, part I just wanted to start my comments ley Authority. of the Trump derangement syndrome this afternoon by saying congratula- Mr. Ryder was initially nominated on that seems to be an epidemic here in- tions to our friend Senator RICHARD February 1 of last year—more than a side the beltway. SHELBY for 32 years of serving the peo- year ago. Not long after he testified be- I personally see no reason these ple of Alabama. fore the Committee on the Environ- games should continue to play out, and NOMINATIONS ment and Public Works, we saw unani- that is why I am an advocate for the Madam President, we will continue mous support from the members of the proposed rule changes to expedite the to push through a long list of executive committee—bipartisan support. process. and judicial nominations pending be- During simpler times, the process These expedited changes we will fore the Senate. would have been pretty straight- make is something that, if the shoe People may wonder, well, why are we forward. He would have been confirmed were on the other foot and we had a making such an emphasis on nomina- by the full Senate without any valu- Democratic President, Republicans tions? That is mainly because of all of able floor time. He probably would could gladly live with. This isn’t about the foot-dragging and obstruction we have been confirmed by consent or by a gaining some advantage by a rules have seen from our friends on the other voice vote, which would not have change; this is simply about returning side of the aisle. They have basically burned all of this valuable floor time, the Senate to some sense of normalcy. burned the clock and have caused which is necessitated when you have to GEAR UP PROGRAM many nominees to simply withdraw. file for cloture. It is now clear that Madam President, on another topic, There are not many people who can put these simpler, more civil, and more bi- this is a remarkable time for our Na- their lives on hold and wait a year and partisan times have gone out the win- tion’s economy. Sometimes with all of a half for the Senate to act on their dow. the noise, chatter, and just the chaos nominations, especially when it is not Our Democratic colleagues have that is part of Washington these days, a controversial nomination in and of forced cloture on this nominee. Again, we forget the fact that our economy is itself. it is not because he is not qualified and doing so well that we are seeing a This is simply a continuing reaction not because he is controversial but be- record number of people employed, and to President Trump’s election in 2016. cause they are literally using every we are seeing the highest employment Many of our colleagues simply haven’t trick in the book to bring the work of rate for African Americans and His- gotten over the fact that he won. They the Senate to a crawl. panics at any time in recorded history. are just not willing to engage in the It is not Republicans who are being I attribute some of this—not all of normal sorts of advice and consent hurt; it is the American people. We are it—to the tax reform bill that we that the Constitution calls for, nor will here to serve the American people and passed over a year ago. Since that they let the President and his adminis- not to engage in these sorts of political time, 3 million jobs have been added tration get the people they want on his games that result in nothing. here in America—3 million jobs. team, even if there is not an extraor- Sometimes we have important bat- Wages are on the rise. Labor is tight. dinary problem. tles, debates, and disagreements, but It is hard to find people to work, par- Under previous administrations, we usually they are over important prin- ticularly in places like West Texas in know the process to confirm nominees ciples. But here, it is just about burn- the Permian Basin around Odessa and is relatively quick and unremarkable ing time and making nominees wait, Midland, which has the lowest unem- and that cloture votes were rarely re- sometimes for a year or more before ployment rate in the country because quired. As soon as you start talking their nomination is even voted on. of the energy boom there that has been about cloture votes, people start fall- I am personally aware of a number of long associated with that part of our ing asleep, but it is actually a pretty nominees who have said: Do you know State and that part of our country. significant problem. what? No more. I have a life to live. I Workers are seeing more of their Cloture votes basically mean we have can’t put my life on hold waiting for hard-earned money in their paycheck to burn the clock and go through the the Senate to vote on my nomination, because tax rates are lower. As I said, procedures—all of the different hoops even if it is not going to be controver- unemployment hit its lowest rate in that you have to jump through absent sial. nearly 50 years. That is something to some consent or an agreement. I am afraid we will see the Demo- celebrate. As you can see, under President crats’ political theater continue. One Today we find ourselves in the Trump, the Senate has had to file for of the nominees we will soon be voting unique position of having more job cloture 128 times, so it has caused an on is John Fleming of Louisiana, who openings than jobseekers. It is an indi- extended debate, even on has been nominated as Assistant Sec- cation of how great our economy is uncontroversial nominees. What is retary of Commerce for Economic De- doing and a reminder that we need to worse, even after you vote to close, velopment. continue to invest in our workforce. which is what cloture is, then you still Mr. Fleming’s nomination was first One of the biggest reasons these jobs have to burn 30 hours postcloture, received by the Senate in June of last are unfilled isn’t because there aren’t which makes it very difficult for us to year. Again, the committee held a willing candidates. Let me say that do anything else in the Senate other hearing and favorably reported out his again. The reason these jobs are un- than to confirm uncontroversial nomi- nomination within 6 weeks. Here we filled isn’t because there aren’t willing nees. are, 7 months later, and he still hasn’t candidates. It is because the candidates As you can see, when President Clin- been confirmed because the only way who are available lack the right skills. ton was in office, in his first 2 years of our Democratic colleagues will allow For many students, postsecondary office there were only eight cloture that is by going through this long and education seems like a pipe dream. votes on nominees. Under President laborious procedure of filing for cloture Many of my constituents in Texas George W. Bush, No. 43, there were only and burning hours on the clock. come from families who have never at- 4, and, of course, under President Again, under previous administra- tended college and, thus, are the first Obama, there were 12. That is a far cry tions, a nominee for this sort of a posi- generation of young students who hope from the 128 nominees who were essen- tion would be confirmed with little or to achieve a higher education. tially obstructed by our colleagues no fanfare and certainly without sit- There is a great program that I am across the aisle. ting on the calendar for 7 months. supporting. I introduced bipartisan leg- They aren’t forcing these votes be- Again, this isn’t about Republicans islation with our colleagues here called cause these nominees are controversial versus Democrats. Honestly, this is the Gaining Early Awareness and or because they are unqualified. Just about punishing the American people Readiness for Undergraduate Program,
VerDate Sep 11 2014 01:22 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.016 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1647 also known as GEAR UP. That program cause of GEAR UP, these students The young Texans I have heard from is working to change the landscape and don’t view college now as a farfetched over the last few weeks are inspiring, the educational opportunity for many fantasy. They view it as part of their and they are excited about their fu- young people still in middle school and life plan, and they are excited about it. ture. That is the way we want them to high school. That is no doubt, at least in part, due be. I hope Chairman ALEXANDER and This grant program is designed to in- to the older students I was able to Ranking Member MURRAY will include crease college and career readiness meet. We talked about where they were the GEAR UP for Success Act in their through a range of academic, social, hoping to go to college and what they efforts to reauthorize the Higher Edu- and planning support. want to major in. cation Act this Congress so we can con- Starting in seventh grade, you have One of the neatest things about the tinue to support students like this to start making decisions about what GEAR UP program is that the older across the country. your middle school and high school students will actually mentor some of I yield the floor. education will be. If you guess wrong the younger students in the GEAR UP The PRESIDING OFFICER. The Sen- and don’t take the appropriate math program and talk about what a dif- ator from Hawaii. class, for example, then you can’t fin- ference it made in their lives and in NOMINATION OF CHAD A. READLER ish the curriculum you need in order to their education. Mr. SCHATZ. Madam President, it is go to the college you want to go to. All of these students have bright ca- very important that the American peo- One reason GEAR UP has been so reers ahead of them. One of them told ple know that Republicans are still successful is that it recognizes that me he wants to be a U.S. Senator. I trying to take away their healthcare. college and career readiness begins said: You realize that you have to wait Last year, Republicans filed a lawsuit early, not when you are graduating until you are 30 years old to do that. arguing that the entire Affordable Care from high school but when you are in He is willing to wait. It was a pleasure Act should be invalidated, and now seventh grade, literally. to spend time with all of them. they want to give a promotion to the Last month I was in my hometown of GEAR UP is also unique because it person who led that effort at the De- San Antonio at Gus Garcia Middle doesn’t use a blanket approach to sup- partment of Justice. That person’s School, and I held another roundtable port students. What works well in one name is Chad Readler, currently a Dep- with students and school administra- State or in one school district may not uty Assistant Attorney General at the tors to learn about how GEAR UP has be the best in another, so local leaders Justice Department. and parents have the flexibility to impacted their communities. There Last year, he filed an argument on was one student, in particular, whose cater to their students’ needs. behalf of the Department of Justice to life story illustrates just how much The best part of GEAR UP is that it take away protections for people with actually works. It is a government pro- this program can help. Francisco Hernandez told me that he preexisting conditions. The American gram that works. GEAR UP students and his family were once homeless, but Medical Association said that Mr. Re- graduate from high school at a higher with the support he received from adler’s argument would ‘‘have a dev- rate than their peers, regardless of eth- GEAR UP and Sam Houston High astating impact on doctors, patients, nicity or income, and they attend col- School, he was able to turn his life and the American health system as a lege at a higher rate. around and make his dream of going to whole,’’ that it ‘‘would cause 32 million Texans have benefited from $885 mil- college a reality. people to become uninsured,’’ and that lion in GEAR UP grants over the last Not only is Francisco now a student it would double insurance premiums. 20 years. We have seen incredible re- at San Antonio College with a prom- The American Medical Association sults, but I believe there are additional ising career ahead of him, he is also, as was not alone here. Lawyers at the steps we can take to ensure that local I suggested a moment ago, a mentor Justice Department refused to sign leaders and parents have the increased for younger students. Students like their names to Mr. Readler’s brief. One flexibility they need to tailor the pro- Francisco are a reminder of how impor- senior career official actually resigned grams to the needs of these students. tant it is to support programs like in protest, and Senator LAMAR ALEX- Over the last few weeks, I have had a GEAR UP. ANDER said that his arguments were chance to travel my State and talk to These pieces of legislation, these pro- ‘‘as farfetched as any I’ve ever heard.’’ students, teachers, administrators, and grams, and these grants we vote on On the same day that Mr. Readler community leaders in Texas about the here in the Senate have an impact on filed his argument to take away peo- legislation I have mentioned, the the lives of real people, but they are ple’s healthcare, the White House nom- GEAR UP for Success Act. also reminders of how we must find inated him to a lifetime appointment In Harlingen, for example, in the Rio ways to do more and to better serve to the bench on the Sixth Circuit. They Grande Valley, I held a roundtable these students. wanted to promote him because of his with superintendents and community This bill, as I said, the GEAR UP for good work suing in Federal court try- leaders from across that area to learn Success Act, will provide greater flexi- ing to invalidate the entire healthcare about the impact of GEAR UP there. bility to school districts on how they system—the entire healthcare law. They say that they have seen great re- use GEAR UP funds. In some instances, We should not sign off on this nomi- sults in terms of improved graduation they told me that the local match was nee—not if we care about protecting and participation in postsecondary a prohibitive problem. So what we in- the health of our constituents, espe- education, and they are full of ideas tend to do is to cut that local match cially those who have cancer, asthma, about how to build on the progress requirement in half. diabetes, or any other preexisting med- they have already seen. There is, as I said, no one-size-fits-all ical condition. I also got a chance to spend some program to prepare all students for life We should also be wary of putting time with the students themselves. As after high school. Each school district someone on the Sixth Circuit who I mentioned, this program begins with knows its students’ needs better than makes the kind of poor, farfetched ar- seventh graders, and I had a chance to Washington ever could. So they should gument that Mr. Readler made, be- meet several members of the class of have the flexibility to design and im- cause this isn’t purely a question of 2024—you heard that right, 2024—who plement programs that will work best. public policy. If it were public policy, have just begun their journey because This legislation will also improve you would definitely say: Don’t take 32 they are in seventh grade. You can see GEAR UP research and evaluation at million people and take away their the excitement in their eyes and that both local and national levels so we healthcare—right? If it were public pol- hunger for success. can figure out what the best practices icy, you would say: Don’t do the thing Particularly in the Rio Grande Val- are and what is working and what isn’t, that is going to double premiums. ley, with a large Hispanic population, and it will reduce the administrative This is about what kind of a lawyer as I have said, many students whose burdens for those who receive the grant he is. This is about what kind of a parents did not go to college realize so they can focus less on paperwork judge he would be. The White House that college and education generally is and more on successful student out- may want to reward his efforts, but we the key to the American dream. Be- comes. don’t have to.
VerDate Sep 11 2014 01:22 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.017 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1648 CONGRESSIONAL RECORD — SENATE March 5, 2019 If you look at Mr. Readler’s record States, as Acting Assistant Attorney In this body, I am known for exam- and feel that, OK, he tried to deport General, Readler refused to defend the ining judicial nominees fairly, based on the Dreamers. Even if you concede past Affordable Care Act. That is his job. their qualifications, temperament, and his defense of the Muslim ban or his That is the law of the land. He refused, judgment, which I take very seriously, discrimination against a gay couple basically, to protect and defend it, but I cannot stand idly by and allow who wanted to get married or even if which resulted in putting nearly 800,000 the Senate to confirm a person who you don’t mind that he is trying to West Virginians with cancer, heart dis- singlehandedly tried to rip insurance make it harder for people to vote or his ease, asthma, or diabetes and women away from West Virginians and Ameri- argument to allow kids under 18 to be who care to have a baby at risk of fi- cans when he had no authority to do sentenced to death—even if none of nancial jeopardy if they get sick. so. He was not an elected official, not that bothers you—it should bother you Readler was not just a participant speaking on behalf of the law, not de- that a Senator in Mr. Readler’s home but the chief architect of the Depart- fending the law but trying to represent State has not returned a blue slip. It ment of Justice’s decision to not de- his own beliefs or political agenda. should really bother you. If you say fend the current law in the case. Let This vote today will show Americans you are for protecting people with pre- me make sure we all understand how and West Virginias with preexisting existing conditions, here is your oppor- devastating this could have been but conditions who is really fighting for tunity. also the intent. Coming from the As- them and all of us who believe strongly It is one thing to say: Well, we would sistant Attorney General, he was not in their right to be able to care for never do that. We would never take just a participant, but he was the chief themselves. A vote for Mr. Readler is a away protections for people with pre- architect of the Department of Jus- vote against people with preexisting existing conditions. After all, we all tice’s decision to not defend—to not do conditions, and I hope my colleagues know people with preexisting condi- his job, to not defend—the current law on the other side of the aisle will join tions. in the case. me in voting against his confirmation. I have no doubt that is the actual He wrote and filed a brief arguing This is something I don’t do often. I sentiment among Members of the Sen- that the Affordable Care Act’s indi- don’t take it lightly. It is very serious. ate on both sides. Here is the thing. vidual mandate is unconstitutional, This gentleman has basically shown it This week is the week to walk the talk. and that if the mandate is stricken as is not about the law; it is not about the This week is the week to decide wheth- unconstitutional, the Affordable Care Constitution; it is about his politics er or not you are for protecting people Act’s protections for the people with and himself and not a man who should preexisting conditions should also be with preexisting conditions, because be sitting on a higher court. stricken. you have a guy who led the effort to I suggest the absence of a quorum. He is taking the position as one per- gut protections for people with pre- The PRESIDING OFFICER. The son, not as an elected official, saying clerk will call the roll. existing conditions. that it is unconstitutional when we Mr. Readler is unqualified for other The bill clerk proceeded to call the voted in this body not to repeal it. We roll. reasons, but now we have a litmus test voted in this body, representing the on where you stand on preexisting con- Ms. MURKOWSKI. Madam President, people of the United States, not to re- I ask unanimous consent that the order ditions. It is not enough to say it in peal it. He made a decision as one per- your campaign debate. It is not enough for the quorum call be rescinded. son, not an elected official, saying it is The PRESIDING OFFICER (Mrs. to say it in the hallway and say: Hey, unconstitutional. we want to protect people. BLACKBURN). Without objection, it is so This brief was so controversial and ordered. Here is your moment. Someone who inhumane that several career lawyers DECLARATION OF NATIONAL EMERGENCY has dedicated some portion of his pro- with the Civil Division refused to sign Ms. MURKOWSKI. Madam President, fessional life to gut the American their name to this brief, and one senior last week, I announced my intention to healthcare system is now being given a career Department of Justice official vote in favor of H.J. Res. 46. This is a permanent job on the Sixth Circuit. resigned because of his decision. Everybody should vote no. After the Department of Justice’s an- resolution expressing disapproval of I yield the floor. nouncement, I introduced a resolution the President’s February 15 proclama- I suggest the absence of a quorum. to authorize the Senate legal counsel tion of a national emergency. At that The PRESIDING OFFICER. The to intervene in this lawsuit on behalf same time, I joined with my colleague, clerk will call the roll. of the Senate and defend all Ameri- the Senator from New Mexico, along The bill clerk called the roll. cans’ right to access affordable health with the Senator from Maine, Ms. COL- The PRESIDING OFFICER. The Sen- insurance. Because of Readler and the LINS, and the Senator from New Hamp- ator from West Virginia. Department of Justice’s decision to shire, Mrs. SHAHEEN, in the introduc- Mr. MANCHIN. Madam President, I abandon its responsibility, the court tion of the Senate companion, S.J. Res. ask unanimous consent that the order ruled against Americans with pre- 10. for the quorum call be rescinded. existing conditions in December. I want to take just a few moments The PRESIDING OFFICER. Without This misguided and inhumane ruling this afternoon and speak to my ration- objection, it is so ordered. will kick millions of Americans and ale not only for my statements but for Mr. MANCHIN. Madam President, I tens of thousands of West Virginians my support for terminating the na- don’t come to the floor that often to off their health insurance. So 800,000 tional emergency. It is, certainly, not ask about or to talk about any person West Virginians with preexisting con- based on disagreement over the issue of who is being recommended by our ditions will be at risk of losing their border security on our southern border. President, whether I agree or disagree. health insurance, and the thousands of I recognize full well, along with, I be- This is one time I feel very compelled West Virginians who gained health in- lieve, all of our colleagues here, the to do so. surance through the Medicaid expan- situation on the border and the human- I rise today to urge my colleagues sion will no longer qualify. This ruling itarian issues that face us. The issue not to confirm Chad Readler to the is just plain wrong, and it is rightfully that faces us with the level of those U.S. Court of Appeals for the Sixth Cir- being appealed to a higher court. coming across our borders is not a sus- cuit. I would say this: A vote for him, While I continue to fight to pass my tainable situation, and, certainly, the in my estimation, is a vote against resolution to defend Americans and influx of drugs that we are seeing in every West Virginian and every Amer- West Virginians with preexisting con- this community must be addressed. ican with a preexisting condition, and I ditions, I must commend our col- Rather, my concern is, really, about will tell you why. leagues in the House who passed a the institution of the Congress and the After 20 State attorneys general and similar resolution earlier this year constitutional balance of powers that, I Governors challenged the constitu- that allowed their legal counsel to in- think, are just fundamental to our de- tionality of the Affordable Care Act tervene. I wish we had both legal coun- mocracy. In my view, it really comes and its protections for people with pre- sel from the House and the Senate in- down to article I of the Constitution. existing conditions in Texas v. United tervening together. Article I, section 7, clause 8 reads: ‘‘No
VerDate Sep 11 2014 01:22 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.019 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1649 Money shall be drawn from the Treas- That is one concern. The great security against a gradual con- ury, but in consequence of Appropria- Republican Sen. Lisa Murkowski earlier centration of the several powers in the same tion.’’ indicated she would support a disapproval department, consists in giving to those who resolution and Thursday joined fellow GOP administer each department the necessary This provision and the necessary and Sen. Susan Collins, of Maine, and two Demo- constitutional means and personal motives proper clause of article I, section 8, cratic senators to introduce the resolution in to resist encroachments of others. . . . Ambi- clause 18 and the taxing and spending the Senate. Sen. Dan Sullivan, Alaska’s tion must be made to counteract ambition. clauses—article VIII, clause 1—are just other Republican senator, has not stated When you translate that into just generally regarded as the basis for the publicly how he will vote. plain old English, it basically means notion that the power to spend resides The Senate resolution is similar to one ap- proved by the House on Tuesday. Rep. Don Congress is a coequal branch of govern- in the Congress. We say it around ment, and, as such, Congress should here—that the power of the purse rests Young voted against the resolution. The Na- tional Emergencies Act requires that the stand up for itself. That really is the with the Congress. Senate vote on the House resolution; a vote reason—the root—of why I have an- Of all of these three clauses that I is expected within the next two weeks. nounced my support for this resolution have just articulated, the admonition There is also an issue that is greater than of disapproval. I think it is fair to say that no money shall be drawn from the that of border security. It is the issue of that we all have disagreements around Treasury but in consequence of appro- guarding against encroachment by one here about all sorts of things that are priation is probably the clearest ex- branch of government on the power of an- other. part of the appropriations process, and, pression of the Framers’ view that the Members of Congress should be asked these certainly, the issue of border funding executive has no power to spend money questions: Do you believe the president is or just border security is no exception. in a manner that is inconsistent with properly exercising authority granted by Even if the fiscal year 2019 appropria- the intentions of the Congress. Congress under the National Emergencies tions process had run smoothly, which Justice Story, in his 1883 Com- Act? Or do you think his emergency declara- it certainly did not, think about how mentaries on the Constitution, charac- tion is an unacceptable overreach by the ex- we got to where we are right now. The terized that clause as an important ecutive branch? President submitted his budget last means of self-protection for the legisla- Encroachment by one branch on another year. He requested money for barriers and the consolidating of power in one branch tive department. worried some of the Founders as they crafted on the border and other aspects of bor- He went on to write: our system of independent yet interlocking der security. The request went through The [legislature] has, and must have, a government branches. The Federalist Papers, the appropriations process. I serve on controlling influence over the executive the series of 85 writings that aimed to con- that subcommittee. In the Senate sub- power, since it holds at its command all of vince the public to support ratification of committee, we advanced out of the the resources by which the executive could the Constitution, contain references to that committee the President’s request. make himself formidable. It possesses the concern. After 3 months of continuing resolu- power of the purse of the nation and the James Madison wrote in Federalist No. 48, tions, we ended up in a stalemate with published Feb. 1, 1788, that ‘‘It will not be de- property of the people. the other body last year, calendar year Again, he just very clearly articu- nied, that power is of an encroaching nature, and that it ought to be effectually restrained 2018. In January, control of the other lates where these lanes of authority— from passing the limits assigned to it. After body changed. The stalemate continued these lanes of jurisdiction—reside. discriminating, therefore, in theory, the sev- until the lengthy negotiations con- This past weekend, on Sunday, a eral classes of power, as they may in their cluded, which allowed both bodies to local newspaper, the Fairbanks Daily nature be legislative, executive, or judiciary, pass and for the President to agree to News-Miner, published an editorial. In the next and most difficult task is to provide sign an appropriations package just that editorial, it was argued that our some practical security for each, against the several weeks ago in February. colleagues here in the Senate should invasion of the others.’’ Again, that appropriations package vote for the resolution of disapproval. ‘‘Will it be sufficient to mark, with preci- sion, the boundaries of these departments, in was, I think it is probably fair to say, The editorial is entitled: ‘‘A dangerous the constitution of the government, and to the result of a great deal of back-and- course: Congress shouldn’t cede power trust to these parchment barriers against forth between the House, the Senate, to president in border funding dis- the encroaching spirit of power?’’ and the White House, but it was clearly pute.’’ The concern appears again in Federalist something that did help to advance the Madam President, I ask unanimous No. 51, written by Madison and Alexander priorities that the President had out- consent that the editorial be printed in Hamilton and published Feb. 8, 1788: ‘‘The lined with regard to the southern bor- great security against a gradual concentra- the RECORD. tion of the several powers in the same de- der. There being no objection, the mate- partment, consists in giving to those who ad- I am quoting from a White House fact rial was ordered to be printed in the minister each department the necessary con- sheet here, which reads: ‘‘Secured a RECORD, as follows: stitutional means and personal motives to number of significant legislative vic- [From the Fairbanks Daily News-Miner, resist encroachments of the others. . . . Am- tories that further the President’s ef- March 3, 2019] bition must be made to counteract ambi- fort to secure the Southern Border and A DANGEROUS COURSE: CONGRESS SHOULDN’T tion.’’ protect our country.’’ Chief among Congress, as a co-equal branch of govern- CEDE POWER TO PRESIDENT IN BORDER those victories was ‘‘the bill provides ment, should stand up for itself. FUNDING DISPUTE President Trump has said he will veto the $1.375 billion for approximately 55 (Editorial Board) resolution if it comes to his desk. And at miles of border barrier in highly dan- Two reasons for alarm exist regarding this stage it appears unlikely that there are gerous and drug smuggling areas in the President Donald Trump’s declaration of a enough votes in Congress to override that Rio Grande Valley, where it is des- national emergency at the U.S.-Mexico bor- veto. perately needed.’’ der so that he can reallocate funds approved What each member of Congress says and So we are where we were on February by Congress for other purposes. does in this funding dispute will reveal clear- 15 when the administration recognized First is the problem of potential precedent. ly how they view the law and the relation- that significant gains had been made, Is building a wall at the border the type of ship between the legislative and executive situation envisioned by Congress when it ap- branches. but I think we all know that the Presi- proved the National Emergencies Act in Ms. MURKOWSKI. Madam President, dent believes very, very strongly that 1976? Or is the president simply declaring a in support of the argument outlined in there is more that should be done, that national emergency as a way to overcome a that headline, the News-Miner’s edi- must be done, and that will be done to political dispute over a funding allocation? torial board wrote the following: address that. If it is political dispute and is upheld by Encroachment by one branch on another Clearly, there was a disagreement be- the U.S. Supreme Court, where the issue is and the consolidating of power in one branch tween the Congress and the President almost certainly headed, how will Repub- worried some of the Founders as they crafted about how much could be spent on bor- licans in Congress who support the presi- our system of independent yet interlocking der security in 2019. I think, in fair- dent’s emergency declaration react when— government branches. The Federalist Papers not if—a Democrat occupies the White House ness, sticking up for Congress’s power . . . contain references to that concern. and uses the same national emergency logic of the purse doesn’t necessarily mean to force actions on climate change that Re- The editorial board goes on to refer that it comes at the expense of border publicans find objectionable? to Federalist No. 51, which reads: security. I believe very strongly we can
VerDate Sep 11 2014 01:22 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.021 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1650 CONGRESSIONAL RECORD — SENATE March 5, 2019 address the President’s concerns—the trying to game this out—believe the drive their agenda—again, without the very, very real and legitimate concerns President will ultimately prevail in the consent of the Congress. that need to be addressed—but that we litigation that we are entirely certain So I repeat—I am concerned that, as don’t have to do it at the expense of will be seen in the courts. a Congress, as a legislative body, we ceding that authority, of ceding that The question for us to consider in would stand back and we would acqui- power of the purse, of ceding that arti- this body is not whether the President esce in the use of a national emergency cle I power that we have here. could have declared an emergency but to resolve a disagreement between the There are ways that the President whether he should have and, again, the executive and the legislative branches can advance his issues, and he has done question relating to the redirection of over the appropriate level of funding so. He, certainly, has the prerogative military construction funds from our for a situation that likely exceeds what to ask for supplemental appropriations. bases around the country to the south- can be spent in our current fiscal year. He has identified additional funding ern border. These are the questions we I know there will be continued dis- that is outside of the national emer- are currently debating. But in the final cussion not only here in the Senate, in gency designation, or declaration, if analysis, I look at the issue we have in the Congress, but certainly around the you will. front of us, and this is really a very country about these matters. I know He has identified additional fund- challenging place for us as a Congress, some of my colleagues are interested in ing—close to $3 billion—from other to be debating the constitutional pow- revisiting the scope of the National statutory authorities. These are the ers of the Congress against a legisla- Emergencies Act, and that is clearly authorities under 10 U.S.C. 284(b), tive agenda—a strong legislative agen- worth considering. But I firmly believe which is the counterdrug account, da and an important one that the that one can be strongly for border se- counterdrug funds. That will require a President has. But I have come to be curity and at the same time question level of reprogramming through the ap- quite concerned about where we are whether the administration has over- propriating committees, but that can when it comes to precedent and the reached in using the National Emer- be done outside of the national emer- precedent that we may see unleashed. gencies Act in the way that it has, and gency. The other source of funding is In many ways, I view this as an expan- I find myself in that camp. That is why the Treasury Forfeiture Fund through sion of Executive powers by legislative it is with great resolve that I support the Secretary of the Treasury under 31 acquiescence. the adoption of the resolutions of dis- U.S.C. 9705. So I think it is clear that If we fail to weigh in, if we fail to ac- approval. there are avenues to enhance the fund- knowledge that this designation has I yield the floor. ing opportunities to address the situa- gone beyond that which has previously I suggest the absence of a quorum. tion at the border. been considered, if we go around, effec- The PRESIDING OFFICER. The The concern that many of us have tively, the will of Congress, where will clerk will call the roll. raised is the designation in this third it take us next? I think we need to The legislative clerk proceeded to account—the designation of a national think about that because it is so easy call the roll. emergency—that would tap into funds to get focused on where we are in the Mr. VAN HOLLEN. Madam Presi- that have already been designated for here and now and the situation we are dent, I ask unanimous consent that the military construction projects, impor- dealing with today, but when we are order for the quorum call be rescinded. tant construction projects that have pushing out those lanes of congres- The PRESIDING OFFICER. Without been designated around the country. sional authority, I think we need to be objection, it is so ordered. We certainly have many in my State of thinking clearly about what that may NOMINATION OF CHAD A. READLER Alaska. We haven’t seen the list that mean for future administrations and Mr. VAN HOLLEN. Madam Presi- would perhaps outline with greater ar- for future Congresses. dent, I come to the floor to oppose the ticulation where the Secretary of De- As the chairman of the Energy and nomination of Chad Readler to the fense might think it would be appro- Natural Resources Committee, my Sixth Circuit Court of Appeals and to priate to delay some of these projects. focus is very often on the energy sec- urge my colleagues on both sides of the But, again, I would just remind—these tor, on the energy space, and so I have aisle to oppose this nomination as well. are projects that have perhaps already asked, if we were in a situation with a We have learned that both Senators been delayed because of the Budget new President, what could be invoked from Ohio—one a Democrat and one a Control Act that has been in place for if a new President should decide to ex- Republican—had previously proposed several years, so I think further delay ercise his or her emergency authorities mutually agreeable candidates to fill for many of these projects would cause as they relate to energy? It is entirely the Sixth Circuit Court position, but most concern. possible that a future President could despite that prior support, the Trump So I come to the National Emer- declare a national emergency related administration instead nominated gencies Act. I think there is a recogni- to global climate change, speaking to a somebody who did not have the support tion that when this was adopted, was humanitarian crisis and what it might from both Senators, which is a device put into law, it was initially intended mean for national security. In fact, one we use to try to encourage nomina- to rein in the President’s ability to de- of our colleagues from Massachusetts tions that are not way out of the main- clare emergencies. But at the same has already said as much—that a na- stream. We want judicial nominees who time it authorized the President to de- tional emergency could be declared as are not on the far right nor on any clare national emergencies, it didn’t relates to global climate change. other extreme. Yet this administration ever clearly define the extent of that You have to ask the question. What decided to ignore that bipartisan sup- power. So that is an issue that I think would stop a future President from de- port and nominated Mr. Readler for the we are dealing with right now. Implicit claring an emergency and then direct- position on the Sixth Circuit Court of in this grant is the trust that the ing the military to spend billions of Appeals. power will be used sparingly. I think dollars on renewable projects or ref- Mr. Readler, unfortunately, has a that if you look back over the history, ugee assistance? What is to stop a fu- record that falls well out of the judicial the 59 previous times these powers ture President from targeting the Na- mainstream. I am very concerned have been utilized, you can say they tion’s oil and gas supply by cutting off about the kind of judicial reasoning have been used sparingly. But also ex- exports and shutting down production and findings he will make as a member plicit is the authority for the Congress on the Outer Continental Shelf? of the Sixth Circuit, if he is confirmed. to terminate an emergency if the Con- I think we would all say: Well, we He has been the Trump administra- gress believes it was imprudently de- don’t need to worry about that hap- tion’s point man at the Department of clared, and that is basically where we pening with our current President; he Justice to try to destroy the Affordable are today. is not going to do any of those things. Care Act and eliminate the protections Because Congress did not explicitly But the authorities technically would the Affordable Care Act has brought to constrain the President’s power to de- exist for all of them, and so it is con- tens of millions of Americans, includ- clare an emergency, many of the con- cerning. It is concerning to me that a ing protections for people with pre- stitutional scholars—those who are future President could use that to existing health conditions—whether it
VerDate Sep 11 2014 01:22 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.022 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1651 be a child with asthma, or somebody Many of our Republican colleagues in in his office, the Department of Justice with diabetes, or anybody who has a this Chamber in the Senate, and in the submitted a brief in the case of Zarda preexisting condition health condition. House, said they don’t like some parts v. Altitude Express. In that case, Before the Affordable Care Act was of the Affordable Care Act, but they Zarda, who was an employee, alleged passed, insurance companies would say want to protect people with preexisting that his company had fired him be- either we are not going to insure you conditions from discrimination by in- cause of his sexual orientation, and the because you are going to be too expen- surance companies. Yet the Texas law- Department of Justice did not take the sive to treat or we will provide cov- suit dismantles the Affordable Care side against the right of employers to erage but only at this price, and then Act top to bottom, including getting discriminate based on sexual orienta- they would quote a price the person rid of provisions that protect people tion. What they argued was that title couldn’t possibly afford. with preexisting conditions. VII of the Civil Rights Act does not The Affordable Care Act did away I think it is important to remind peo- cover discrimination based on sexual with that discrimination based on pre- ple what that means because it means orientation. existing conditions. Yet at the Depart- children with expensive, chronic med- Fortunately, in a rare en banc deci- ment of Justice, this nominee, Mr. ical conditions will no longer be able to sion, the Second Circuit Court of Ap- Readler, was the point person in trying get that kind of coverage. peals held that the LGBT community to reimpose discrimination based on We also know that before the Afford- is protected as a class under the Civil preexisting conditions. able Care Act, insurance companies Rights Act, but, unfortunately, be- Why do we say that? Because over had arbitrary annual caps early in each cause of a circuit split surrounding this the last couple of years there was a year. So if a child had a chronic condi- issue, it is likely to go up through the lawsuit filed in the State of Texas. It tion and the costs of helping that child, court system and find its way to the was filed by the attorney general of the providing medical attention to that Supreme Court. The position he took State of Texas and a number of other child, began to build up, they would on behalf of the Trump Justice Depart- attorneys general from other States sometimes hit that cap before their ment is a telltale sign of where Mr. around the country—Republican attor- fifth birthday, and then the family Readler stands on questions of whether the law protects people who have been neys general—that went after the Af- would be on its own. People were pay- discriminated against. fordable Care Act. They argued that ing health plans for coverage and serv- once the Congress passed legislation I should say this is not a new issue. ices they needed, only to discover in For many of us, there have been efforts eliminating the penalties for the man- the fine print that coverage really dates, all the rest of the law collapsed. in Congress to address this issue. In my wasn’t there for them when they need- State of Maryland, in 2001, we passed It is a position most legal scholars ed it, and women who became pregnant from all sides of the political spectrum an anti-discrimination act that says it found that their insurance plans would think is an absurd legal conclusion is illegal to discriminate against peo- not cover any of their prenatal care or that will not stand the test of time or ple based on their sexual orientation in deliveries. Many of our fellow Ameri- the test of the courts in the long run. housing, in employment, and in public Despite the fact that the conclusion cans were diagnosed with cancer only accommodations. I recall that the bill was way out of the mainstream and di- to discover that their plans did not was filibustered late into the evening rected more out of a political charge to cover chemotherapy. by Republican State legislators, but When the Texas attorney general, try to undo the Affordable Care Act, fortunately for Marylanders it passed. with a cohort of other Republican at- nevertheless, Mr. Readler filed the case I am also concerned about Mr. Re- torneys general, filed that lawsuit on behalf of the Justice Department— adler’s record in taking the side of to- not in support of the Affordable Care against the Affordable Care Act, they bacco companies during his time as a Act, which would be the usual practice filed a lawsuit that put a dagger in the partner at Jones Day, specifically R.J. of the Department of Justice in pro- heart of the consumer protections and Reynolds Tobacco Company. Like tecting the laws of the United States, patient protections we had in the Af- many of us here, I have worked for but deciding, first of all, not to protect fordable Care Act. It was Mr. Readler many years—first, in the Maryland it and, secondly, to actively go after who didn’t come to the defense of the State Legislature and since then in the the Affordable Care Act and side main- law for the Department of Justice but U.S. Congress—to curb tobacco use, es- ly with the positions of Republican at- in fact went after the Affordable Care pecially among young people. I hope we torneys general who were trying to de- Act and sided with the attorneys gen- all agree we don’t want young people stroy the law. eral in Texas. to get hooked on tobacco products or This was a very unusual position to Indeed, there was a U.S. district to get hooked on nicotine, which we take, and many of the career attorneys court judge in Texas who went along know is very bad for their health and at the Department of Justice decided with these legal arguments. What that could very likely kill them in the long not to sign their names to the brief means is, the case is now traveling run. Yet Mr. Readler took the position that was filed. They did not want to be through the Federal court system. It of the tobacco companies, defining this associated with a brief that they will go to the circuit courts and may issue simply as one of the need to have thought was more a political document end up at the Supreme Court. So I somebody who would stick up for spe- than a legal document. In fact, one would hope our colleagues on both cial interests even when it was against very respected career attorney at the sides of the aisle who say they want the public health interests of the Department of Justice resigned in pro- judges who are going to do the right American people. test. thing and call the balls and strikes as He represented the tobacco giants in Even our colleague, Senator LAMAR they see them and who have also said a number of cases—product liability ALEXANDER, said this about the brief they support protections for people cases and commercial speech cases. In that was filed by the Justice Depart- with preexisting health conditions one example, the city of Buffalo, up in ment: It is ‘‘as far-fetched as any I’ve would be nervous about putting some- New York, passed a ban on tobacco ads ever heard.’’ one on the court who says the law re- within 1,000 feet of facilities frequented Despite the fact that this was a legal quires them to take the opposite posi- by children, like schools, playgrounds, position far out of the mainstream— tion of what our colleagues say they and daycare centers. The purpose of authored by Mr. Readler from his post support right now. that local ordinance was, of course, to at the Department of Justice—never- As we approach this vote, make no prevent kids from seeing these ads and theless, he went ahead and filed that mistake, in many ways, this is a vote saying: Hey, that looks like something brief. It is totally inconsistent with the on the future of protections for people I want to do. Let’s try this tobacco position others claimed they were tak- with preexisting health conditions. product. Maybe it is a candy-flavored ing with respect to protecting people Unfortunately, Mr. Readler has also tobacco product, maybe it is another with preexisting health conditions. In taken a position on discrimination tobacco product. The whole point of fact, President Trump tweeted repeat- issues that is very troublesome on the ordinance was to protect the health edly that he wanted to protect people other fronts, specifically with respect of kids. Yet Mr. Readler fought against with preexisting health conditions. to LGBT rights. Under his leadership, that local ordinance.
VerDate Sep 11 2014 01:22 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.024 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1652 CONGRESSIONAL RECORD — SENATE March 5, 2019 The Campaign for Tobacco-Free Kids, ‘‘rare’’ for the government to refuse to The PRESIDING OFFICER. Is there a which is an organization that rarely, if defend the laws of the United States sufficient second? ever, gets involved in judicial nomina- against constitutional challenges. There is a sufficient second. tions, has found the position Mr. I have continuously stressed the im- The clerk will call the roll. Readler took on behalf of these tobacco portance of protecting Americans who The bill clerk called the roll. companies so far out and so extreme suffer from preexisting conditions, in- Mr. DURBIN. I announce that the that they have taken the position of cluding 45 percent of Maine’s popu- Senator from New Mexico (Mr. HEIN- opposing the nomination. lation: 590,000 Mainers. In July 2017, I RICH), the Senator from Vermont (Mr. So whether it is fighting to dis- voted to block several proposals to re- SANDERS), and the Senator from Ari- mantle protections for people with pre- peal the ACA, which I feared would re- zona (Ms. SINEMA), are necessarily ab- existing conditions, as Mr. Readler did duce protections for individuals with sent. from his perch in the Trump Depart- preexisting conditions. In October 2018, The PRESIDING OFFICER (Mr. CAS- ment of Justice, or whether it is the I voted to overturn a Trump adminis- SIDY). Are there any other Senators in positions he took as a lawyer for the tration rule that expands the duration the Chamber desiring to vote? tobacco industry, trying to knock of short-term health insurance plans, The result was announced—yeas 53, down local ordinances and other laws which could deny coverage to people nays 44, as follows: to protect kids from tobacco and get- with preexisting conditions. [Rollcall Vote No. 35 Ex.] Mr. VAN HOLLEN. I suggest the ab- ting addicted to nicotine, or the posi- YEAS—53 tion he has taken not to prevent dis- sence of a quorum. Alexander Fischer Perdue crimination but to say our laws do not The PRESIDING OFFICER. The clerk will call the roll. Barrasso Gardner Portman protect people against basic forms of Blackburn Graham The bill clerk proceeded to call the Risch discrimination, in my view, Mr. Blunt Grassley Roberts roll. Boozman Hawley Romney Readler is disqualified from taking a Mr. TILLIS. Madam President, I ask Braun Hoeven position on a court where the goal of Rounds unanimous consent that the order for Burr Hyde-Smith Rubio every justice, regardless of who ap- Capito Inhofe Sasse the quorum call be rescinded. Cassidy Isakson points them, should be justice itself Scott (FL) The PRESIDING OFFICER. Without Collins Johnson Scott (SC) and making sure everybody who comes Cornyn Kennedy objection, it is so ordered. Shelby before that court gets a fair shake. Cotton Lankford Mr. TILLIS. Madam President, I ask Sullivan They should not be positions based on Cramer Lee unanimous consent that I be allowed to Crapo McConnell Thune the power of a special interest like the finish my comments before the vote. I Cruz McSally Tillis tobacco lobby, and it should not be a expect it to take not more than about Daines Moran Toomey decision based on political slogans or Enzi Murkowski Wicker 3 or 4 minutes. Young political promises. Rather, it should be The PRESIDING OFFICER. Without Ernst Paul based on the law itself. So I urge my objection, it is so ordered. NAYS—44 colleagues to oppose this nomination. NOMINATION OF ALLISON JOAN RUSHING Baldwin Harris Reed Even among nominees who are very Mr. TILLIS. Madam President, I Bennet Hassan Rosen far to the right and who take a very re- Blumenthal Hirono Schatz come to the floor to thank my col- Booker Jones stricted view of our rights and lib- Schumer leagues who voted and who will be vot- Brown Kaine Shaheen erties, this is a nominee who finds him- ing to move forward the nomination of Cantwell King Smith self way outside the mainstream. Allison Joan Rushing to be the U.S. Cardin Klobuchar Stabenow I urge my colleagues to oppose the Carper Leahy Tester Circuit Court judge for the Fourth Cir- Casey Manchin Udall nomination of Mr. Readler. Coons Markey cuit. Van Hollen Ms. COLLINS. Mr. President, I rise Cortez Masto Menendez Ms. Rushing has a great history in Warner to announce my opposition to the nom- Duckworth Merkley North Carolina. She is actually from Durbin Murphy Warren ination of Chad Readler to be a Judge East Flat Rock, NC. Both of her par- Feinstein Murray Whitehouse on the Sixth Circuit Court of Appeals. ents were educators who taught in the Gillibrand Peters Wyden As the Acting Assistant Attorney North Carolina public school system. NOT VOTING—3 General of the Justice Department’s She received her degree with honors Heinrich Sanders Sinema Civil Division, Mr. Readler was both a from Wake Forest, and she received her lead attorney and policy adviser in the law degree from Duke University. She The nomination was confirmed. Department’s decision not to defend now has over 11 years of experience The PRESIDING OFFICER. Under the Affordable Care Act, including its practicing law and is really considered the previous order, the motion to re- provisions protecting individuals with one of the fast-rising stars of the legal consider is considered made and laid preexisting conditions. profession. upon the table, and the President will Rather than defend the law and its I have had the opportunity to get to be immediately notified of the Senate’s protections for individuals with pre- know Ms. Rushing through the nomi- action. existing conditions, such as asthma, nation process, and I know she is going f arthritis, cancer, diabetes, and heart to do a great job as a circuit court CLOTURE MOTION disease, Mr. Readler’s brief in Texas v. judge on the Fourth Circuit. United States argued that they should From the ABA, she has received from The PRESIDING OFFICER. Pursuant be invalidated. a substantial majority a ‘‘qualified’’ to rule XXII, the Chair lays before the I strongly objected to DOJ’s position rating and from a minority a ‘‘well Senate the pending cloture motion, to not defend the law, and it is telling qualified’’ rating. She is clearly quali- which the clerk will state. that this position also concerned some fied to do this job. She is young. She is The bill clerk read as follows: other career attorneys in the Depart- bright. She is a topnotch litigator, and CLOTURE MOTION ment. In fact, three career attorneys I look forward to casting my vote here We, the undersigned Senators, in accord- withdrew from the case rather than in a couple of minutes. Again, I think ance with the provisions of rule XXII of the support this position, and one of those my colleagues will also be casting a Standing Rules of the Senate, do hereby attorneys eventually resigned. vote in support of confirming this nom- move to bring to a close debate on the nomi- In my view, the Justice Department’s ination. nation of Chad A. Readler, of Ohio, to be severability argument is wrong and im- The PRESIDING OFFICER. Under United States Circuit Judge for the Sixth plausible. On June 27, 2018, I wrote to the previous order, all postcloture time Circuit. Mitch McConnell, David Perdue, Roy Attorney General Sessions and urged has expired. the Justice Department to reverse Blunt, John Cornyn, Joni Ernst, The question is, Will the Senate ad- Lindsey Graham, John Boozman, Mike course and to defend the law’s critical vise and consent to the Rushing nomi- Rounds, Thom Tillis, Steve Daines, protections for individuals with pre- nation? James E. Risch, John Hoeven, Mike existing conditions. Even the Justice Mr. TILLIS. Madam President, I ask Crapo, Shelley Moore Capito, John Department acknowledged that it was for the yeas and nays. Thune, Pat Roberts, Jerry Moran.
VerDate Sep 11 2014 03:41 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.025 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1653 The PRESIDING OFFICER. By unan- lies. The group of scholars and sci- The issue was not were we going to imous consent, the mandatory quorum entists chronicled how the fossil fuel have a problem, the issue was simply call has been waived. companies had actual knowledge of the how soon and how fast and how bad was The question is, Is it the sense of the risks of their products and had taken it going to be. Not if. Senate that debate on the nomination ‘‘proactive steps to conceal their Indeed, Exxon did a lot of climate re- of Chad A. Readler, of Ohio, to be knowledge and discredit climate search, and they understood the United States Circuit Judge for the science’’ while at the same time taking science well. A 1979 internal Exxon Sixth Circuit, shall be brought to a steps based on that science to protect study found that:
close? their own assets from the impacts of [The] increase [in CO2 concentration] is The yeas and nays are mandatory climate change. due to fossil fuel combustion . . . and the under the rule. It is a 51-page document, so let me present trend of fossil fuel consumption will The clerk will call the roll. cut to the chase. Big Oil knew for a cause dramatic environmental effects before The senior assistant bill clerk called very long time that the production and the year 2050. the roll. burning of fossil fuels would be disas- Meanwhile—back to the American Mr. DURBIN. I announce that the trous for the planet. Yet they did ev- Petroleum Institute—they had put to- Senator from Vermont (Mr. SANDERS) erything in their power to confuse the gether a task force on what they called and the Senator from Arizona (Ms. public, undermine the scientific evi- the CO2 problem. In 1980, Dr. John SINEMA) are necessarily absent. dence of the dangers, and prevent ac- Laurman told this API task force that The PRESIDING OFFICER. Are there tion to stave off this worldwide prob- ‘‘foreseeable temperature increases any other Senators in the Chamber de- lem. The brief makes a fascinating could have major economic con- siring to vote? read. Here are some highlights. sequences [and] globally catastrophic The yeas and nays resulted—yeas 53, Way back in 1959, when I was a kid effects.’’ The American Petroleum In- nays 45, as follows: and Dwight Eisenhower was President, stitute, 1980. [Rollcall Vote No. 36 Ex.] Columbia University held a symposium Back at Exxon, Roger Cohen, the di- attended by oil industry executives to rector of Exxon’s Theoretical and YEAS—53 mark the 100th anniversary of the pe- Mathematical Sciences Laboratory, Alexander Fischer Perdue troleum industry. At that event, the Barrasso Gardner Portman warned in 1981—the next year—about Blackburn Graham Risch legendary Dr. Edward Teller, a physi- the magnitude of this problem. Blunt Grassley Roberts cist, warned the industry about global [I]t is distinctly possible that [Exxon’s Boozman Hawley Romney warming. He said: planning] scenario will later produce effects Braun Hoeven Rounds which will indeed be catastrophic (at least Burr Hyde-Smith [A] temperature rise corresponding to a 10 Rubio percent increase in carbon dioxide will be for a substantial fraction of the earth’s popu- Capito Inhofe Sasse Cassidy Isakson sufficient to melt the icecap and submerge lation). Scott (FL) Collins Johnson New York. . . . [T]his chemical contamina- Scott (SC) In 1982, Roger Cohen reiterated his Cornyn Kennedy Shelby tion is more serious than most people tend warning: Cotton Lankford to believe. Cramer Lee Sullivan Over the past several years a clear sci- Crapo McConnell Thune In 1959. A few years later, in 1965, at entific consensus has emerged regarding— Tillis Cruz McSally the American Petroleum Institute’s This is 1982— Daines Moran Toomey annual meeting, API president Frank Enzi Murkowski Wicker the expected climatic effects of increased at- Ernst Paul Young Ikard briefed the Big Oil trade group mospheric CO . on a report from President Johnson’s 2 He continues: NAYS—45 Science Advisory Committee that pre- Baldwin Harris Peters dicted significant global warming by [There is] unanimous agreement in the sci- Bennet Hassan Reed entific community that a temperature in- Blumenthal Heinrich Rosen the end of the century, caused by fossil crease of this magnitude would bring about Booker Hirono Schatz fuels, and warned that ‘‘there is still significant changes in the earth’s climate. Brown Jones Schumer time to save the world’s peoples from Unanimous agreement in the sci- Cantwell Kaine Shaheen the catastrophic consequence of pollu- Cardin King Smith entific community. Carper Klobuchar Stabenow tion, but time is running out.’’ The In 1982, Exxon’s own scientist said Casey Leahy Tester American Petroleum Institute, 1965. this, but almost four decades later, the Coons Manchin Udall API then commissioned a Stanford Trump administration pretends that Cortez Masto Markey Van Hollen Research Institute report on the cli- Duckworth Menendez Warner we just don’t know. Well, we do know. Durbin Merkley Warren mate problem which was made avail- Back to the brief. In 1982, an internal Feinstein Murphy Whitehouse able to its membership in 1968. The re- Exxon corporate primer said that, in Gillibrand Murray Wyden port said: order to mitigate the effects of global NOT VOTING—2 [R]ising levels of CO2 would likely result in warming, ‘‘[there is a need for] major Sanders Sinema rising global temperatures. . . . [T]he result reductions in fossil fuel combustion. could be melting ice caps, rising sea levels, The PRESIDING OFFICER. The warming oceans, and serious environmental . . . [T]here are some potentially cata- clerk will report the nomination. damage on a global scale. strophic events that must be consid- The bill clerk read the nomination of Then, in 1969, Stanford produced a ered. . . . [O]nce the effects are meas- Chad A. Readler, of Ohio, to be United supplemental report for the American urable, they might not be reversible.’’ States Circuit Judge for the Sixth Cir- Petroleum Institute. As the authors of So on into the late seventies and the cuit. this brief tell the Ninth Circuit, ‘‘The early eighties, they knew. This is from a 1998 report by Shell The PRESIDING OFFICER. The Sen- report projected that . . . atmospheric Oil’s Greenhouse Effect Working ator from Rhode Island. CO concentrations would reach 370 2 Group: CLIMATE CHANGE [parts per million] by 2000—exactly Mr. WHITEHOUSE. Mr. President, in what it turned out to be.’’ That was Man-made carbon dioxide, released into and accumulated in the atmosphere, is be- California, several counties and cities 1968 and 1969, very clear warnings that lieved to warm the earth through the so- are suing the big oil companies to hold have come to pass. called greenhouse effect. . . . [B]y the time them liable for the damages that cli- Big Oil did not just rely on the Amer- the global warming becomes detectible it mate change is causing to the infra- ican Petroleum Institute to do its re- could be too late to take effective counter- structure out there. As judges consider search on climate change. Ed Garvey measures to reduce the effects or even to these cases, one thing they will be was an Exxon scientist at the time. Mr. stabilise the situation. asked to keep in mind is Big Oil’s his- Garvey said: So, long story short, Big Oil knew, tory of deception and lies. By the late 1970s, global warming was no API knew, Exxon knew, Shell knew. A group of scientific experts filed longer speculative. They knew, but Big Oil also realized this friend-of-the-court brief out in the Did you get that? ‘‘By the late 1970s, that understanding climate change Ninth Circuit, carefully charting that global warming was no longer specula- meant limiting carbon emissions, and history, that pattern of deception and tive,’’ said the Exxon scientist. that meant less oil sales. So they
VerDate Sep 11 2014 03:41 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.030 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1654 CONGRESSIONAL RECORD — SENATE March 5, 2019 began to tell something very different et. So while they were telling the pub- tor of the National Counterintelligence than what they knew to the public. lic ‘‘This isn’t for real, and we don’t and Security Center, PN192. A 1998 Exxon internal memo ac- have anything to do it with, and the When I noticed my intention to place knowledged that the ‘‘greenhouse ef- science isn’t secure,’’ they were doing a hold on this nominee back in June of fect may be one of the most significant their own planning based on that very 2018, I made it very clear to the public environmental issues for the 1990s,’’ science. and to the administration my reasons but Exxon’s position would be to try to For instance, in designing and build- for doing so, and I put my statement of ‘‘[e]mphasize the uncertainty in sci- ing the Sable gas field project off the those reasons in the RECORD. I have entific conclusions regarding the po- shores of Halifax, Nova Scotia, Mobil, done that consistently, not only since tential enhanced Greenhouse effect,’’ Shell, and Imperial Oil explicitly told the rules of the Senate require every and that became the drumbeat of the their own engineers about sea level Member to do that, but even before industry: minimize the danger—the one rise. They said that ‘‘[a]n estimated that rule was ever put in place. they knew—that the greenhouse effect rise . . . due to global warming, of 0.5 may be one of the most significant en- meters may be assumed.’’ I continue to experience difficulties vironmental issues for the 1990s but, in- Big Oil protected its own assets obtaining relevant documents and stead, undermine the science. against predicted sea level rise based briefings from the Justice Department So the industry set up front groups on this science, while, at the same and the Office of the Director of Na- with innocuous-sounding names like time, funding a massive campaign of tional Intelligence, ODNI, related to the Global Climate Coalition or the In- deception to fool the public and policy- 2016 election controversies. On several formation Council on the Environment makers about this science. They pro- occasions, Deputy Attorney General, to do this PR work for it. The sci- tected themselves, and they connived DAG, Rod Rosenstein has personally entific brief notes this bit of industry to prevent the public from taking steps assured me that the Senate Judiciary propaganda from 1996 from the so- to protect itself. Committee would receive equal access called Global Climate Coalition: ‘‘If There are some unsung heroes in this to information provided to the House there is an anthropogenic component climate battle. Among them number Permanent Select Committee on Intel- to this observed warming, the GCC be- the dedicated and assiduous group of ligence, HPSCI, with regard to any lieves that it must be very small.’’ scholars and scientists who track this concessions in its negotiations regard- Well, here is what an earlier draft of climate denial apparatus that this in- ing pending subpoenas from that com- the same document said: ‘‘[The] sci- dustry built. Many of them are the au- mittee. However, I and the Judiciary entific basis for the Greenhouse Effect thors of this brief, such as Robert Committee have not received equal ac- and the potential impacts of human Brule, Justin Farrell, Benjamin cess. emissions of greenhouse gases such as Franta, Stephan Lewandowsky, Naomi For example, on August 7, 2018, I CO2 on climate is well established and Oreskes, and Geoffrey Supran. They wrote to the Justice Department and cannot be denied.’’ are just a few. There are many, many pointed out that the House Intelligence They just weren’t telling the truth. others who are watching, examining, Committee had received documents re- They knew, and they said things they reporting, and subject to a peer review lated to Bruce Ohr that we had not re- knew were not true. chronicling the climate denial appa- ceived. The Department initially de- Money poured from the oil industry ratus set up by the oil industry to fool nied those records had been provided to into these denialist groups. In 1991, the the public. They patiently and thor- the House Intelligence Committee. so-called Information Council on the oughly assembled in their brief a After my staff confronted the Depart- Environment launched a nationwide record of industry malfeasance, and ment, we eventually received some campaign with one goal, to ‘‘reposition they are helping to make sure that the Bruce Ohr documents. In that 2018 let- global warming as theory (not fact).’’ long history of industry deception is ter I have referred to, I asked for docu- This thing they said was well estab- part of the court’s official record. ments based on my equal access agree- lished and cannot be denied, they de- I thank them for their work. ment with Deputy Attorney General cided to reposition as theory, not fact. I yield the floor. Rosenstein, and I have not received a The polluters kept this up all the The PRESIDING OFFICER (Ms. response to date. way through the 1990s. A 1998 American MCSALLY). The majority leader. I have since learned that the Justice Petroleum Institute strategy memo ORDER OF BUSINESS Department has taken the position tells what they wanted people to be- Mr. MCCONNELL. Madam President, that Director Coats has prohibited lieve, even though they knew it wasn’t I ask unanimous consent that all them from sharing the requested true. They said: ‘‘[It is] not known for postcloture time on the Readler nomi- records with the committee. sure whether (a) climate change is ac- nation expire at 4 p.m. on Wednesday, tually occurring, or (b) if it is, whether March 6; further, that if confirmed, the In addition to the records request, in humans really have any influence on motion to reconsider be considered May 2018, the Director of National In- it.’’ made and laid upon the table and the telligence and the Justice Department Again, well established, cannot be de- President be immediately notified of provided a briefing in connection with nied on the one hand and not sure the Senate’s action. a pending House Intel subpoena to whether it is occurring or whether hu- The PRESIDING OFFICER. Without which no Senate Judiciary Committee mans have anything to do with it on objection, it is so ordered. member was invited. the other hand. f Thus far, the committee’s attempts Here is Martin Hoffert, who was an LEGISLATIVE SESSION to schedule an equivalent briefing have Exxon scientist for 20 years. He said: been ignored. Even though we— The administration’s continued, on- MORNING BUSINESS ‘‘We,’’ meaning the Exxon scientists. going, and blatant lack of cooperation Even though we were writing all these pa- Mr. MCCONNELL. Madam President, has forced my hand. I must object to pers . . . [saying] that climate change from I ask unanimous consent that the Sen- any consideration of this nomination. CO2 emissions was going to change the cli- ate proceed to legislative session for a mate of the earth . . . the front office— In the authorizing resolution that period of morning business, with Sen- created the Senate Select Committee The front office said otherwise. ators permitted to speak therein for up on Intelligence, SSCI, the Senate ex- . . . the front office which was concerned to 10 minutes each. with promoting the products of the company The PRESIDING OFFICER. Without plicitly reserves for other standing was also supporting people that we call cli- objection, it is so ordered. committees, such as the Senate Judici- mate change deniers. ary Committee, independent authority f So even as they spun this massive to ‘‘study and review any intelligence fraud out to the public, Big Oil inter- NOMINATION OBJECTION or intelligence-related activity’’ and nally took the evidence of climate Mr. GRASSLEY. Madam President, I ‘‘to obtain full and prompt access to change seriously. They took the evi- intend to object to any unanimous con- the product of the intelligence and in- dence of climate change seriously sent request relating to the nomina- telligence-related activities of a de- enough to factor it into their own plan- tion of William R. Evanina to be Direc- partment or agency,’’ when such a
VerDate Sep 11 2014 03:41 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.032 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1655 matter ‘‘directly affects a matter oth- hours in the day for his community. UPIKE Trustee Emeritus Bill Baird with the erwise within the jurisdiction of that With leadership roles at UPIKE, in his inaugural Baird Family Service Award, in committee,’’ S. Res. 400. As I under- church, and at Westcare of Kentucky— recognition of his remarkable impact on the stand it, the information at issue here a substance abuse treatment facility— lives of others through steadfast service to falls into that category. the university, to the Appalachian region Bill constantly gave of himself to oth- and to all humanity. Thus, unfortunately, I must object to ers. He coached the local high school’s ‘‘In 2019, we will celebrate 130 years of serv- any consideration of this nomination. softball team for nearly two decades ice in the mountains of Central Appalachia,’’ My objection is not intended to ques- and the UPIKE team from 1994–2004, says Webb. ‘‘During that span of time few tion the credentials of Mr. Evanina in even receiving admission into the uni- families have impacted the college more any way. This objection falls squarely versity’s athletic hall of fame. After he than the Baird family. Bill Baird has taken on the administration’s continued fail- retired from the practice, Bill hardly the legacy of servant leadership from his ure to uphold their end of the agree- mother, father, and brother even further. He slowed down. He did so much pro bono has been a softball coach, a friend of the uni- ment. The executive branch must rec- work that he quipped, ‘‘Some people ognize that it has an ongoing obliga- versity and an ardent supporter of the uni- say I’m the only retired person they versity for decades.’’ tion to respond to congressional inquir- know who comes in to the office every After more than 30 years of distinguished ies in a timely and reasonable manner. day.’’ service Bill Baird retired from the UPIKE f When asked about his impact on the Board of Trustees, which was also served by Bill’s father and brother, Charles. In recogni- TRIBUTE TO BILL BAIRD school, the chairman of UPIKE’s board said Bill gave ‘‘of his time, talent, and tion of Bill Baird’s indelible contributions, Mr. MCCONNELL. Madam President, the board voted unanimously to establish treasure to the university at a level this year, the University of Pikeville in and fund the Bill Baird Family Scholarship few have ever given, and he has done so my home State will mark its 130th to improve student retention by filling fi- with an unmatched sense of love and year of service to students in the nancial gaps for students. care.’’ A great deal of Bill’s support fo- ‘‘You pick up the need down here,’’ says mountains of central Appalachia. For cused on first-time college students Bill Baird. ‘‘There is a gap between the edu- more than half of that time, a member cated part of the community and the work- of the Baird family has served the from the local community to foster the potential of Pikeville families. In addi- ing class such as the retired coal miners or school, its community, and most im- people on fixed incomes.’’ portantly, its students. After three tion to creating the award named in UPIKE Board Chairman Terry L. Dotson decades of service, Bill Baird recently the Baird family’s honor, the board of has witnessed the fruits of Bill Baird’s self- retired from the UPIKE board of trust- trustees also unanimously voted to es- lessness for decades. ees. In recognition of his legacy of tablish the Bill Baird Family Scholar- ‘‘The entire Baird family is a treasure to Eastern Kentucky and to the University of leadership, mentorship, and accom- ship to improve student retention and to help provide for students who may Pikeville,’’ Dotson says. ‘‘Bill is an excep- plishment, UPIKE President Burton J. tional person in every way. He is someone Webb awarded my friend with the inau- struggle to afford their education. Bill’s not the only impressive mem- every good person strives to be. Bill cares gural Baird Family Service Award. So, about all things—his church, family and I would like to take a moment today to ber of his household. Kaye, his wife, community. He has been a special board pay tribute to Bill Baird and his family spent much of her career contributing member who has fully given of his time, tal- for their steadfast contributions to to the community, helping lead organi- ent and treasure to the university at a level eastern Kentucky. zations like the chamber of commerce, few have ever given, and he has done so with Bill’s family is deeply rooted in this the school board, and the Christian Ap- an unmatched sense of love and care. Bill is region with history going back nearly palachian Project. Excelling as an edu- my friend and has served our board with dis- tinction.’’ a century. His father, William J. Baird cator, she touched the lives of numer- ous eastern Kentucky children and Dotson’s sentiments are echoed by UPIKE II, grew up on a farm in the Bluegrass Trustee Richard A. Sturgill. ‘‘Bill Baird has State before attending Berea College. earned her place in the inaugural class been an inspiration to me and many others In 1947, William hung a shingle, found- of UPIKE’s Distinguished Educators in the UPIKE community. His unwavering ing Baird & Baird law firm. Outside of Hall of Fame. positive attitude, his willingness to encour- his professional success, William dedi- Bill and Kaye have done so much for age and mentor the students and his ability cated much of his life to philanthropy their community, with compassion, to always stand up for what is right has been and leadership, serving on the board of philanthropy, and leadership. I am so steadfast. I am thankful to call him my friend,’’ says Sturgill. trustees of Pikeville Community Col- proud to pay tribute to the Baird fam- ily. They have earned our thanks and Bill Baird says the university and medical lege for nearly three decades. In grati- and optometry colleges are ‘‘miracles.’’ tude for his service to the Pikeville have made a lasting impact on this re- ‘‘UPIKE is a light on the hill to this city, community and the central Appa- gion. I am glad the Baird family name the region and even nationally. To me, what lachian region, William received an has rightfully earned a place of honor we are is the answered prayers for the many honorary doctor of humanities degree at UPIKE, and I ask each of my Senate people who laid the foundation for this place in 1977 from Pikeville College, UPIKE’s colleagues to join me in congratulating by praying for years. These are people who name until 2011. Bill’s mother, Florane, Bill and Kaye for a lifetime of dedi- have sacrificed and dedicated themselves to cated service to Kentucky. the university.’’ attended the Pikeville Collegiate Insti- Humbly, Bill Baird deflects the spotlight tute, a high school that later became The UPIKE Magazine published a to his parents. His father, who died in 1987, part of the modern UPIKE. Through profile on Bill’s contributions to the was raised on a Kentucky farm and was a her care and compassion for the com- school. I ask unanimous consent that graduate of Berea College and Duke Law munity, Florane also received an hon- the article be printed in the RECORD. School (a classmate of Richard Nixon). He orary doctorate from Pikeville College. There being no objection, the mate- also founded in 1947 the Baird & Baird law Bill lovingly remembered them both as rial was ordered to be printed in the firm in Pikeville where Bill Baird and his service-oriented people, and their influ- RECORD, as follows: brothers (Charles and John) as well as chil- [From the UPIKE Magazine, Fall 2018] dren, grandchildren and in-laws also prac- ence, paired with a deep faith, inspired tice. Bill Baird’s mother Florane Justice his work for the Pikeville community THE BAIRD FAMILY LEGACY: BILL BAIRD Baird, who died in 2011, also had strong and the school. HONORED FOR EMBODIMENT OF SERVICE Pikeville roots: She attended the Training Working in the mines while studying (By Mark Baggett) School for grades 1–8 in Pikeville (which op- at Pikeville College, Bill graduated in ‘‘Our dad was a great teacher in treating erated in the original college building) and 1966. He later earned admission to the people right,’’ says Bill Baird about his fa- then the Pikeville Collegiate Institute for bar and served our country in the U.S. ther, William J. Baird II, and about the high school, before going to the University of Army. Reentering private life, Bill heart of the Baird family’s long legacy of Kentucky. worked at the family law firm and was support for UPIKE students. ‘‘My parents were very service-oriented Among the many stories of the family’s people,’’ says Bill Baird. ‘‘They were giving, eventually joined by his brothers, support, a remarkable statistic stands out: A caring people who gave back to their com- Charles and John, and members of the Baird has been serving at UPIKE for over munity.’’ family’s next generation. half of the 129 years of its existence. During Bill Baird started at Duke University as an Even as he worked full time at Baird the 2018 opening convocation ceremony, undergraduate and says he ‘‘made an A in & Baird, Bill seemed to find extra President Burton J. Webb, Ph.D., honored fraternity and an A in football,’’ and soon he
VerDate Sep 11 2014 01:45 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.030 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1656 CONGRESSIONAL RECORD — SENATE March 5, 2019 returned to the Pikeville area and worked in TRIBUTE TO LINDSAY NOTHERN tions on this milestone of public serv- the mines, graduated from Pikeville college Mr. CRAPO. Madam President, I ice for the betterment of Idaho and our in 1966. He was admitted to the Kentucky bar Nation. in 1969 and served in the U.S. Army from honor my communications director 1969–1971. Lindsay Nothern for his dedication of f A life-transforming event happened to him more than 20 years to Senate service. TRIBUTE TO JULIE BROOKER in the spring of 1973 when heard the Rev. Ben Lindsay has been a valued member of Sheldon, who was then a Presbyterian pastor my staff since we both started Senate Mrs. FISCHER. Madam President, in Washington, D.C., preach in Pikeville. service in 1999. When I was sworn in as today I would like to recognize Julie ‘‘He started preaching the gospel of God’s a U.S. Senator, my communications di- Brooker, my central Nebraska director love,’’ Baird says of Sheldon, who later be- rector refused to hire a press secretary of constituent services who retired at came a pastor in Pikeville. ‘‘I felt a personal immediately because she wanted to the end of February. love that He died for me. It was God’s tim- Julie Brooker’s service in the U.S. ing.’’ bring Lindsay onto the staff, and he was not available for a few months, so Senate began in 1997 and has spanned Baird went on to practice law in Pikeville, three U.S. Senators from Nebraska: joking that ‘‘in Hatfield and McCoy country, she did double duty until he was able folks can be litigious here.’’ He now de- to join my staff, and I have always former Senator Chuck Hagel, former scribes his role as a ‘‘sometime’’ attorney, been grateful for her insistence that we Senator Mike Johanns, and myself. not full-time nor part-time, who does pro wait for him. His instincts and media Before her longtime work as a Senate bono work and helps fill in for other attor- savvy have been spot-on so many times staffer, Julie was a committed and neys at court appearances. ‘‘Some people say over the two decades he has been with hardworking volunteer on a number of I’m the only retired person they know who me. political campaigns. comes in to the office every day,’’ he says. Lindsay’s strategic view of how ac- She was well known as someone will- He followed up on his short ‘‘athletic’’ ca- tivities and policy initiatives are pre- ing to haul yard signs all over Nebras- reer at Duke by coaching softball at ka’s huge third district. Pikeville High School from 1986–2004 and at sented has been instrumental. From press secretary, he moved to serving as You see, a commitment to helping the university from 1994–2004. Today one of and serving others ran in Julie’s fam- the family’s scholarships is dedicated to ath- communications director in 2011. While letics, and Bill Baird himself is a member of Lindsay may not be an Idahoan by ily. the university’s Athletic Hall of Fame. birth, he has certainly earned his Gem Julie’s dad, Gordon, served faithfully Much of the family’s UPIKE support is de- State stripes through his depth and as a local volunteer firefighter, and her scribed by Bill Baird as meeting the needs of breadth of knowledge about the State. mom, Doralene, served on both the first-time college students who come from His experience as a journalist has Buffalo County Board of Supervisors the community. He says he hopes the schol- and the Nebraska Public Power Dis- arships will address larger gaps as well. served him well, first in reporting and managing the news from the journalist trict Board. To meet additional need in his region, Bill Their example instilled in her lessons side and then from the other side as a Baird has been actively involved in several in treating people with kindness, lis- faith-based groups and community support press secretary and media representa- tening to others’ concerns, and lending programs. He has supported the Fellowship tive. His prior work includes serving as of Christian Athletes program, provided de- a helping hand. press secretary for former Idaho Gov- If you were planning a run for office votional Bibles to coaches and is Board ernor Phil Batt, who initially dubbed Chairman of WestCare of Kentucky, Inc., in Nebraska, Julie Brooker was some- Lindsay as ‘‘Scoop,’’ and campaign which is involved in treatment of substance one you needed to go see. abuse. press secretary for Congressman MIKE When I decided to run for U.S. Sen- Today, the Baird Family Circle is one of SIMPSON in Congressman SIMPSON’s ate, Julie was one of the first people I the granite inlays of Benefactor’s Plaza on first House campaign. visited with, and she was so very gen- campus. Acknowledging the recent service Lindsay is unfailingly one of the erous with her time and her advice. award and scholarship fund honoring him at most pleasant people I have ever en- During her Senate career, Julie sac- UPIKE, Bill Baird says, ‘‘Christ made the countered. He can be counted on to be difference in my life. He gave me an oppor- rificed many days, nights, and week- a great sounding board and listener, re- ends to serve the people of Nebraska tunity to serve in this way.’’ gardless of his personal opinions. I He praises this year’s fellow recipients of well. the Baird Family Service award, UPIKE trust him to represent me to Idahoans She was renowned for driving which- Trustee Gregory Pauley and his wife, Kath- throughout the State and know that he ever U.S. Senator she was serving at ryn, characterizing them as ‘‘wonderful, car- will always leave a meeting with a the time all over the third district. ing people,’’ whose mobile home park neigh- handful of new friends. That includes In every county, Julie had many borhood ministry is just the kind of gen- those who show up angry and unan- friends. Her genuine interest in others erosity and service embodied by the Baird nounced in my office, demanding a and friendly, approachable demeanor legacy. meeting. Lindsay has demonstrated pa- were always on display. (At the request of Mr. SCHUMER, the tience, commitment, and empathy in Over the years Julie worked in my following statement was ordered to be meeting for hundreds of hours with office, I was always completely con- printed in the RECORD.) those who have taken issue with some fident that she was representing me f aspect of government, the administra- well and that my constituents in tion, or me. He is also a great VOTE EXPLANATION Kearney and throughout the central re- encourager among staff, helping them gion of the State were in the very best ∑ Ms. SINEMA. Madam President, I to know their good work is valued and of hands. was necessarily absent, but had I been appreciated. Whether it was through her tenacity present, I would have voted no on roll- Several issues have become close to in helping resolve casework, her will- call vote No. 34, the motion to invoke Lindsay’s heart—among them, domes- ingness to meet with any Nebraskan cloture on Allison Jones Rushing, of tic violence prevention and awareness. who crossed her path, or her ability to North Carolina, to be U.S. circuit judge Somewhere in my office archives, there provide tough news in compassionate for the Fourth Circuit. is a photo of Lindsay in women’s heels ways, Julie has always had a servant’s I was necessarily absent but, had I as he took part in a ‘‘walk a mile in heart. been present, would have voted no on her shoes’’ event, representing the of- Serving Nebraskans wasn’t a job for rollcall vote No. 35, the confirmation of fice. That was not a comfortable expe- Julie, it was a calling. She loves Ne- Allison Jones Rushing, of North Caro- rience for his feet, but he has been a braska, and she loves Nebraskans. lina, to be United States Circuit Judge strong advocate in helping me find I want to thank Julie’s husband, Jim, for the Fourth Circuit. ways to illuminate and bring aware- for loaning Julie to the people of cen- I was necessarily absent but, had I ness to domestic violence matters. tral Nebraska for so many years. been present, would have voted no on Thank you, Lindsay, for your 20 I am also so very grateful to Julie’s rollcall vote No. 36, the motion to in- years of dedicated service to our Na- kids and grandkids for sacrificing time voke cloture on Chad A. Readler, of tion and the people of Idaho, and thank with her so that she could put the time Ohio, to be United States Circuit Judge you for your continual assistance and and energy she had into this service to for the Sixth Circuit.∑ friendship over the years. Congratula- the people of Nebraska.
VerDate Sep 11 2014 03:41 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.031 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1657 The city of Kearney, the State of Ne- I ask my colleagues to join me in rec- H.R. 1112. An act to amend chapter 44 of braska, and the U.S. Senate are better ognizing all that Ann Mitchell has title 18, United States Code, to strengthen because of Julie’s wonderful work done to make a difference in the lives the background check procedures to be fol- ∑ lowed before a Federal firearms licensee may throughout the years. of others. transfer a firearm to a person who is not She is a dedicated, committed person f such a licensee. who focused on making life better for MESSAGES FROM THE PRESIDENT f Nebraskans. She is truly one of a kind. Messages from the President of the EXECUTIVE AND OTHER I congratulate Julie on her remark- United States were communicated to COMMUNICATIONS able career in public service. I thank the Senate by Ms. Ridgway, one of his The following communications were her for her many years of service to secretaries. laid before the Senate, together with our State and to our people, and I wish f accompanying papers, reports, and doc- her a retirement full of joy and fulfill- EXECUTIVE MESSAGES REFERRED uments, and were referred as indicated: ment. EC–474. A communication from the Chief of f In executive session the PRESIDING the Planning and Regulatory Affairs Branch, OFFICER laid before the Senate mes- Food and Nutrition Service, Department of ADDITIONAL STATEMENTS sages from the President of the United Agriculture, transmitting, pursuant to law, States submitting sundry nominations the report of a rule entitled ‘‘Supplemental and a withdrawal which were referred Nutrition Assistance Program (SNAP): Eligi- TRIBUTE TO ANN MITCHELL to the appropriate committees. bility, Certification, and Employment and ∑ Mr. VAN HOLLEN. Madam Presi- Training Provisions of the Food, Conserva- (The messages received today are tion and Energy Act of 2008’’ (RIN0584–AE54) dent, today I wish to recognize Ann printed at the end of the Senate pro- received during adjournment of the Senate Mitchell for her 20 years of outstanding ceedings.) in the Office of the President of the Senate dedication and visionary leadership as f on March 1, 2019; to the Committee on Agri- president and CEO of Montgomery Hos- culture, Nutrition, and Forestry. pice. I am grateful to Ann for her tire- PRESIDENTIAL MESSAGE EC–475. A communication from the Sec- less efforts to provide quality and com- retary of the Treasury, transmitting, pursu- passionate end-of-life care and services ant to law, a six-month periodic report on REPORT RELATIVE TO THE CON- the national emergency with respect to to residents of Montgomery County, TINUATION OF THE NATIONAL transnational criminal organizations that MD. EMERGENCY THAT WAS DE- was declared in Executive Order 13581 of July Ann understands that the experience CLARED IN EXECUTIVE ORDER 24, 2011; to the Committee on Banking, Hous- of people who are dying is extremely ing, and Urban Affairs. 13692 OF MARCH 8, 2015, WITH RE- personal and that each of us has a cul- EC–476. A communication from the Sec- SPECT TO THE SITUATION IN tural identity that is part of our char- retary of the Treasury, transmitting, pursu- VENEZUELA—PM 4 ant to law, a six-month periodic report on acter. When people are in their final The PRESIDING OFFICER laid be- the national emergency that was declared in weeks of life, Ann believes that it is Executive Order 13441 with respect to Leb- paramount that each of us is cared for fore the Senate the following message anon; to the Committee on Banking, Hous- with a deep respect for our cultural from the President of the United ing, and Urban Affairs. identity. States, together with an accompanying EC–477. A communication from the Sec- Ann considers herself a global cit- report; which was referred to the Com- retary of the Treasury, transmitting, pursu- izen, as she grew up in seven countries mittee on Banking, Housing, and ant to law, a six-month periodic report on Urban Affairs. the national emergency with respect to around the world. She celebrates diver- Libya that was originally declared in Execu- sity and recognizes the value that a To the Congress of the United States: tive Order 13566 of February 25, 2011; to the multicultural team brings to end-of- Section 202(d) of the National Emer- Committee on Banking, Housing, and Urban life care. Ann has worked diligently to gencies Act (50 U.S.C. 1622(d)) provides Affairs. EC–478. A communication from the General make Montgomery Hospice diverse at for the automatic termination of a na- all levels, including in senior manage- Counsel of the Federal Housing Finance tional emergency unless, within 90 Agency, transmitting, pursuant to law, the ment, and firmly supports inclusion days before the anniversary date of its report of a rule entitled ‘‘Uniform Mortgage- and equity initiatives. declaration, the President publishes in Backed Security’’ (RIN2590–AA94) received Montgomery Hospice is well-known the Federal Register and transmits to during adjournment of the Senate in the Of- for its inpatient hospice, ‘‘Casey the Congress a notice stating that the fice of the President of the Senate on March House’’; its comprehensive ‘‘Hospice at emergency is to continue in effect be- 1, 2019; to the Committee on Banking, Hous- Home’’ service; and its compassionate yond the anniversary date. In accord- ing, and Urban Affairs. ‘‘Bereavement Care’’ service. All Mont- EC–479. A communication from the Direc- ance with this provision, I have sent to tor of the Regulatory Management Division, gomery Hospice services support its the Federal Register for publication the Environmental Protection Agency, transmit- mission ‘‘To Gentle the Journey’’ for enclosed notice stating that the na- ting, pursuant to law, the report of a rule en- the dying residents of Montgomery tional emergency declared in Executive titled ‘‘Air Plan Approval; Minnesota; Com- County, MD. Order 13692 of March 8, 2015, with re- mercial and Industrial Solid Waste Inciner- A trustee of Smith College, Ann spect to the situation in Venezuela, is ation Units and Other Solid Waste Inciner- ation Units Negative Declarations for Des- graduated with a major in economics to continue in effect beyond March 8, from Smith. She earned a master’s in ignated Facilities and Pollutants’’ (FRL No. 2019. 9990–45–Region 4) received during adjourn- public health at Yale University. For The situation in Venezuela continues ment of the Senate in the Office of the Presi- the past 20 years, Ann has led Mont- to pose an unusual and extraordinary dent of the Senate on March 1, 2019; to the gomery Hospice strategically in service threat to the national security and for- Committee on Environment and Public to its patients, employees, and volun- eign policy of the United States. For Works. teers. this reason, I have determined that it EC–480. A communication from the Direc- tor of the Regulatory Management Division, I have known Ann for over 20 years, is necessary to continue the national and I can personally attest to the dedi- Environmental Protection Agency, transmit- emergency declared in Executive Order ting, pursuant to law, the report of a rule en- cation and compassion she has brought 13692 with respect to the situation in titled ‘‘Air Plan Approval; Ohio; Ohio Permit to her job. It has been an honor to sup- Venezuela. Rules Revisions’’ (FRL No. 9990–44–Region 5) port her efforts as she enlisted many in DONALD J. TRUMP. received during adjournment of the Senate our community in her important work. THE WHITE HOUSE, March 5, 2019. in the Office of the President of the Senate on March 1, 2019; to the Committee on Envi- She has been totally committed to her f mission of ensuring that every indi- ronment and Public Works. EC–481. A communication from the Direc- vidual in her care is treated with the MEASURES PLACED ON THE CALENDAR tor of the Regulatory Management Division, utmost respect and dignity, and our Environmental Protection Agency, transmit- community is stronger and better be- The following bill was read the sec- ting, pursuant to law, the report of a rule en- cause of her work. ond time, and placed on the calendar: titled ‘‘Air Plan Approval; Tennessee; NOX
VerDate Sep 11 2014 01:51 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.029 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1658 CONGRESSIONAL RECORD — SENATE March 5, 2019 SIP Call and CAIR’’ (FRL No. 9990–32–Region Employee Residency Amendment Act of EC–504. A communication from the Chair- 4) received during adjournment of the Senate 2018’’; to the Committee on Homeland Secu- man of the Council of the District of Colum- in the Office of the President of the Senate rity and Governmental Affairs. bia, transmitting, pursuant to law, a report on March 1, 2019; to the Committee on Envi- EC–492. A communication from the Chair- on D.C. Act 22–622, ‘‘Insurance Modernization ronment and Public Works. man of the Council of the District of Colum- and Accreditation Omnibus Amendment Act EC–482. A communication from the Direc- bia, transmitting, pursuant to law, a report of 2018’’; to the Committee on Homeland Se- tor of the Regulatory Management Division, on D.C. Act 22–608, ‘‘Public Restroom Facili- curity and Governmental Affairs. Environmental Protection Agency, transmit- ties Installation and Promotion Act of 2018’’; EC–505. A communication from the Chair- ting, pursuant to law, the report of a rule en- to the Committee on Homeland Security and man of the Council of the District of Colum- titled ‘‘Michigan Minor New Source Review Governmental Affairs. bia, transmitting, pursuant to law, a report Rescission’’ (FRL No. 9990–43–Region 5) re- EC–493. A communication from the Chair- on D.C. Act 22–623, ‘‘Safe Fields and Play- ceived during adjournment of the Senate in man of the Council of the District of Colum- grounds Act of 2018’’; to the Committee on the Office of the President of the Senate on bia, transmitting, pursuant to law, a report Homeland Security and Governmental Af- March 1, 2019; to the Committee on Environ- on D.C. Act 22–609, ‘‘Employment Protec- fairs. ment and Public Works. tions for Victims of Domestic Violence, Sex- EC–506. A communication from the Chair- EC–483. A communication from the United ual Offenses, and Stalking Amendment Act man of the Council of the District of Colum- States Trade Representative, Executive Of- of 2018’’; to the Committee on Homeland Se- bia, transmitting, pursuant to law, a report fice of the President, transmitting, pursuant curity and Governmental Affairs. on D.C. Act 22–624, ‘‘School Safety Omnibus to law, the 2019 Trade Policy Agenda and 2018 EC–494. A communication from the Chair- Amendment Act of 2018’’; to the Committee Annual Report of the President of the United man of the Council of the District of Colum- on Homeland Security and Governmental Af- States on the Trade Agreements Program; to bia, transmitting, pursuant to law, a report fairs. the Committee on Finance. on D.C. Act 22–610, ‘‘Language Access for EC–507. A communication from the Chair- EC–484. A communication from the Assist- Education Amendment Act of 2018’’; to the man of the Council of the District of Colum- ant Secretary for Legislation, Department of Committee on Homeland Security and Gov- bia, transmitting, pursuant to law, a report Health and Human Services, transmitting, ernmental Affairs. on D.C. Act 22–632, ‘‘Economic Development pursuant to law, a report entitled ‘‘Final- EC–495. A communication from the Chair- Return on Investment Accountability izing Medicare Regulations under Section 902 man of the Council of the District of Colum- Amendment Act of 2018’’; to the Committee of the Medicare Prescription Drug, Improve- bia, transmitting, pursuant to law, a report on Homeland Security and Governmental Af- ment, and Modernization Act (MMA) of 2003 on D.C. Act 22–611, ‘‘Disabled Veterans fairs. For Calendar Year 2018’’; to the Committee Homestead Exemption Amendment Act of EC–508. A communication from the Chair- on Finance. 2018’’; to the Committee on Homeland Secu- man of the Council of the District of Colum- EC–485. A communication from the Assist- rity and Governmental Affairs. bia, transmitting, pursuant to law, a report ant Secretary for Legislation, Department of EC–496. A communication from the Chair- on D.C. Act 22–633, ‘‘Wage Garnishment Fair- Health and Human Services, transmitting, man of the Council of the District of Colum- ness Amendment Act of 2018’’; to the Com- pursuant to law, a report entitled ‘‘Identi- bia, transmitting, pursuant to law, a report mittee on Homeland Security and Govern- fication of Quality Measurement Priorities— on D.C. Act 22–612, ‘‘East End Grocery Incen- mental Affairs. Strategic Plan, Initiatives, and Activities’’; tive Act of 2018’’; to the Committee on EC–509. A communication from the Chair- to the Committee on Finance. Homeland Security and Governmental Af- man of the Council of the District of Colum- EC–486. A communication from the Sec- fairs. bia, transmitting, pursuant to law, a report retary General of the Inter-Parliamentary EC–497. A communication from the Chair- on D.C. Act 22–634, ‘‘Performing Arts Pro- Union, transmitting a report relative to the man of the Council of the District of Colum- motion Amendment Act of 2018’’; to the Annual 2018 Session of the Parliamentary bia, transmitting, pursuant to law, a report Committee on Homeland Security and Gov- Conference on the World Trade Organization; on D.C. Act 22–613, ‘‘Safe Disposal of Con- ernmental Affairs. to the Committee on Finance. trolled Substances Act of 2018’’; to the Com- EC–510. A communication from the Chair- EC–487. A communication from the Assist- mittee on Homeland Security and Govern- man of the Council of the District of Colum- ant Secretary for Legislation, Department of mental Affairs. bia, transmitting, pursuant to law, a report Health and Human Services, transmitting, EC–498. A communication from the Chair- on D.C. Act 22–635, ‘‘Repeat Parking Viola- pursuant to law, a report entitled ‘‘Limited man of the Council of the District of Colum- tions Amendment Act of 2018’’; to the Com- Population Pathway’’; to the Committee on bia, transmitting, pursuant to law, a report mittee on Homeland Security and Govern- Health, Education, Labor, and Pensions. on D.C. Act 22–615, ‘‘Principle-Based Re- mental Affairs. EC–488. A communication from the Direc- serves Amendment Act of 2018’’; to the Com- EC–511. A communication from the Chair- tor of Regulations and Policy Management mittee on Homeland Security and Govern- man of the Council of the District of Colum- Staff, Food and Drug Administration, De- mental Affairs. bia, transmitting, pursuant to law, a report partment of Health and Human Services, EC–499. A communication from the Chair- on D.C. Act 22–636, ‘‘DC Water Consumer Pro- transmitting, pursuant to law, the report of man of the Council of the District of Colum- tection Amendment Act of 2018’’; to the a rule entitled ‘‘Food Additives Permitted in bia, transmitting, pursuant to law, a report Committee on Homeland Security and Gov- Feed and Drinking Water of Animals; on D.C. Act 22–616, ‘‘Department of Consumer ernmental Affairs. Gamma-Linolenic Acid Safflower Oil’’ ((21 and Regulatory Affairs Omnibus Amendment EC–512. A communication from the Chair- CFR Part 573) (Docket No. FDA–2017–F–4511)) Act of 2018’’; to the Committee on Homeland man of the Council of the District of Colum- received during adjournment of the Senate Security and Governmental Affairs. bia, transmitting, pursuant to law, a report in the Office of the President of the Senate EC–500. A communication from the Chair- on D.C. Act 22–637, ‘‘Athletic Trainers Clari- on March 1, 2019; to the Committee on man of the Council of the District of Colum- fication Amendment Act of 2018’’; to the Health, Education, Labor, and Pensions. bia, transmitting, pursuant to law, a report Committee on Homeland Security and Gov- EC–489. A communication from the Regula- on D.C. Act 22–617, ‘‘Opioid Overdose Treat- ernmental Affairs. tions Coordinator, Office of the Assistant ment and Prevention Omnibus Act of 2018’’; EC–513. A communication from the Chair- Secretary for Health, Department of Health to the Committee on Homeland Security and man of the Council of the District of Colum- and Human Services, transmitting, pursuant Governmental Affairs. bia, transmitting, pursuant to law, a report to law, the report of a rule entitled ‘‘Compli- EC–501. A communication from the Chair- on D.C. Act 22–638, ‘‘Hyacinth’s Place Equi- ance with Statutory Program Integrity Re- man of the Council of the District of Colum- table Real Property Tax Relief Act of 2018’’; quirements’’ (RIN0937–ZA00) received during bia, transmitting, pursuant to law, a report to the Committee on Homeland Security and adjournment of the Senate in the Office of on D.C. Act 22–618, ‘‘Gas Station Advisory Governmental Affairs. the President of the Senate on March 1, 2019; Board Abolishment Amendment Act of 2018’’; EC–514. A communication from the Chair- to the Committee on Health, Education, to the Committee on Homeland Security and man of the Council of the District of Colum- Labor, and Pensions. Governmental Affairs. bia, transmitting, pursuant to law, a report EC–490. A communication from the Direc- EC–502. A communication from the Chair- on D.C. Act 22–639, ‘‘Local Jobs and Tax In- tor, Office of Government Ethics, transmit- man of the Council of the District of Colum- centive Amendment Act of 2018’’; to the ting, pursuant to law, the report of a rule en- bia, transmitting, pursuant to law, a report Committee on Homeland Security and Gov- titled ‘‘2019 Civil Monetary Penalties Infla- on D.C. Act 22–619, ‘‘Community Health Om- ernmental Affairs. tion Adjustments for Ethics in Government nibus Amendment Act of 2018’’; to the Com- EC–515. A communication from the Chair- Act Violations’’ (RIN3209–AA45) received mittee on Homeland Security and Govern- man of the Council of the District of Colum- during adjournment of the Senate in the Of- mental Affairs. bia, transmitting, pursuant to law, a report fice of the President of the Senate on March EC–503. A communication from the Chair- on D.C. Act 22–640, ‘‘Students in the Care of 1, 2019; to the Committee on Homeland Secu- man of the Council of the District of Colum- D.C. Coordinating Committee Act of 2018’’; rity and Governmental Affairs. bia, transmitting, pursuant to law, a report to the Committee on Homeland Security and EC–491. A communication from the Chair- on D.C. Act 22–621, ‘‘LGBTQ Heath Data Col- Governmental Affairs. man of the Council of the District of Colum- lection Amendment Act of 2018’’; to the Com- EC–516. A communication from the Chair- bia, transmitting, pursuant to law, a report mittee on Homeland Security and Govern- man of the Council of the District of Colum- on D.C. Act 22–631, ‘‘District Government mental Affairs. bia, transmitting, pursuant to law, a report
VerDate Sep 11 2014 01:51 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.008 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1659 on D.C. Act 22–641, ‘‘New Communities Bond opportunity to respectfully request that the S. 652. A bill to require the United States Authorization Temporary Amendment Act of United States Congress take immediate Postal Service to continue selling the Multi- 2018’’; to the Committee on Homeland Secu- steps to reach a compromise and end the par- national Species Conservation Funds rity and Governmental Affairs. tial shutdown of the Federal Government Semipostal Stamp until all remaining EC–517. A communication from the Chair- and restore financial security to the lives of stamps are sold, and for other purposes; to man of the Council of the District of Colum- citizens; and be it further the Committee on Homeland Security and bia, transmitting, pursuant to law, a report Resolved, That suitable copies of this reso- Governmental Affairs. on D.C. Act 22–642, ‘‘Community Harassment lution, duly authenticated by the Secretary By Mr. MENENDEZ: Prevention Temporary Amendment Act of of State, be transmitted to the President of S. 653. A bill for the relief of Malachy 2019’’; to the Committee on Homeland Secu- the United States Senate, the Speaker of the McAllister, Nicola McAllister, and Sean rity and Governmental Affairs. United States House of Representatives and Ryan McAllister; to the Committee on the EC–518. A communication from the Chair- each Member of the Maine Congressional Judiciary. man of the Council of the District of Colum- Delegation. By Ms. BALDWIN (for herself and Ms. ERNST): bia, transmitting, pursuant to law, a report f on D.C. Act 22–643, ‘‘Power Line Under- S. 654. A bill to require the Secretary of grounding Program Certified Business Enter- INTRODUCTION OF BILLS AND Transportation to carry out a pilot program prise Utilization Temporary Act of 2019’’; to JOINT RESOLUTIONS to develop and provide to States and trans- portation planning organizations accessi- the Committee on Homeland Security and The following bills and joint resolu- bility data sets, and for other purposes; to Governmental Affairs. tions were introduced, read the first the Committee on Commerce, Science, and EC–519. A communication from the Assist- Transportation. ant Administrator for Fisheries, Office of and second times by unanimous con- By Mr. DURBIN (for himself and Ms. Protected Resources, Department of Com- sent, and referred as indicated: MURKOWSKI): merce, transmitting, pursuant to law, the re- By Mr. COTTON (for himself and Mr. S. 655. A bill to impose additional restric- port of a rule entitled ‘‘Pacific Island Pe- JONES): tions on tobacco flavors for use in e-ciga- S. 645. A bill to amend title 10, United lagic Fisheries; False Killer Whale Take Re- rettes; to the Committee on Health, Edu- States Code, to provide for the inclusion of duction Plan; Closure of Southern Exclusion cation, Labor, and Pensions. homeschooled students in Junior Reserve Of- Zone’’ (RIN0648–XG781) received in the Office By Mr. MERKLEY (for himself, Ms. ficer’s Training Corps units; to the Com- of the President of the Senate on March 4, HARRIS, Mr. MARKEY, Mr. mittee on Armed Services. 2019; to the Committee on Commerce, BLUMENTHAL, Mrs. MURRAY, Mr. By Mr. COTTON (for himself, Ms. HAS- Science, and Transportation. BOOKER, Mr. WYDEN, Ms. DUCKWORTH, SAN, and Ms. WARREN): EC–520. A communication from the Attor- Mrs. FEINSTEIN, Mr. DURBIN, Mr. S. 646. A bill to amend title 10, United ney, Federal Railroad Administration, De- UDALL, Mr. VAN HOLLEN, Ms. SMITH, States Code, to require a full military honors partment of Transportation, transmitting, Mr. SANDERS, Ms. KLOBUCHAR, Mrs. ceremony for certain deceased veterans, and pursuant to law, the report of a rule entitled GILLIBRAND, Ms. BALDWIN, Mr. for other purposes; to the Committee on Vet- ‘‘Passenger Equipment Safety Standards; CARDIN, and Mr. HEINRICH): erans’ Affairs. Standards for Alternative Compliance and S. 656. A bill to amend the Truth in Lend- AN High-Speed Trainsets’’ ((RIN2130–AC46) (49 By Mr. SCHATZ (for himself, Mr. V ing Act to address certain issues relating to CFR Parts 229, 231, 236, and 238)) received HOLLEN, Mr. MERKLEY, and Mrs. the extension of consumer credit, and for during adjournment of the Senate in the Of- GILLIBRAND): other purposes; to the Committee on Bank- S. 647. A bill to amend the Internal Rev- fice of the President of the Senate on March ing, Housing, and Urban Affairs. enue Code of 1986 to impose a tax on certain 1, 2019; to the Committee on Commerce, By Mr. BRAUN: Science, and Transportation. trading transactions; to the Committee on S. 657. A bill to amend title XXVII of the Finance. f Public Health Service Act to establish re- By Mrs. MURRAY (for herself, Ms. quirements with respect to prescription drug PETITIONS AND MEMORIALS BALDWIN, Mr. BLUMENTHAL, Mr. benefits; to the Committee on Health, Edu- BOOKER, Mr. CARPER, Mr. CASEY, Mr. cation, Labor, and Pensions. The following petition or memorial COONS, Ms. CORTEZ MASTO, Mr. DUR- was laid before the Senate and was re- By Mr. BRAUN: BIN, Ms. DUCKWORTH, Mrs. FEINSTEIN, S. 658. A bill to provide for an accelerated ferred or ordered to lie on the table as Mrs. GILLIBRAND, Ms. HARRIS, Ms. approval pathway for certain drugs that are indicated: HIRONO, Ms. KLOBUCHAR, Mr. LEAHY, authorized to be lawfully marketed in other POM–10. A joint resolution adopted by the Mr. MARKEY, Mr. MENENDEZ, Mr. countries; to the Committee on Health, Edu- Legislature of the State of Maine urging the MURPHY, Mr. REED, Mr. SANDERS, Ms. cation, Labor, and Pensions. United States Congress to pass legislation to SMITH, Mr. UDALL, Ms. WARREN, and By Ms. COLLINS (for herself, Mr. support Federal Employees in Maine affected Mr. WYDEN): KAINE, Mr. PORTMAN, Mrs. SHAHEEN, by the federal government shutdown; to the S. 648. A bill to ensure the humane treat- Mr. BRAUN, and Ms. STABENOW): Committee on Appropriations. ment of pregnant women by reinstating the S. 659. A bill to provide for certain addi- presumption of release and prohibiting H.P. 280 tional requirements with respect to patent shackling, restraining, and other inhumane disclosures; to the Committee on Health, Whereas, the longest partial shutdown in treatment of pregnant detainees, and for Education, Labor, and Pensions. the history of the United States government other purposes; to the Committee on the Ju- By Mr. BRAUN: began on December 22, 2018; and diciary. S. 660. A bill to address abuse of the Food Whereas, the federal government shutdown By Ms. CORTEZ MASTO (for herself and Drug Administration’s citizen petition is affecting approximately 800,000 federal em- and Ms. ROSEN): process by brand drug manufacturers; to the ployees; and S. 649. A bill to require the Secretary of Committee on Health, Education, Labor, and Whereas, in Maine the workers currently Energy to obtain the consent of affected Pensions. affected are employees of the Department of State and local governments before making By Ms. HIRONO (for herself, Ms. COR- Homeland Security, which includes airport an expenditure from the Nuclear Waste Fund TEZ MASTO, Ms. HARRIS, Mr. screening personnel and members of the for a nuclear waste repository, and for other BLUMENTHAL, Mrs. GILLIBRAND, Ms. United States Coast Guard, and employees of purposes; to the Committee on Environment KLOBUCHAR, Mr. WYDEN, Ms. SMITH, Acadia National Park; and and Public Works. Mr. BOOKER, Mr. MARKEY, Mr. SAND- Whereas, those federal workers who have By Mr. UDALL: ERS, and Mr. MERKLEY): not been furloughed are obliged to work S. 650. A bill to assist entrepreneurs, sup- S. 661. A bill to provide for enhanced pro- without pay; and port development of the creative economy, tections for vulnerable alien children, and Whereas, the federal government shutdown and encourage international cultural ex- for other purposes; to the Committee on the is also having an affect on other industries change, and for other purposes; to the Com- Judiciary. in Maine, such as tourism, and small busi- mittee on Health, Education, Labor, and By Ms. HIRONO (for herself, Mrs. FEIN- nesses that depend upon federal regulation Pensions . STEIN, Mr. LEAHY, Ms. HARRIS, Mr. and loan processing; and By Mr. CASEY (for himself, Mr. UDALL, Mr. DURBIN, Mr. MENENDEZ, Whereas, as the federal government shut- MORAN, Mr. VAN HOLLEN, and Mr. Mr. MARKEY, Mr. MERKLEY, Mr. down continues, there is potential for many ROBERTS): COONS, Ms. CORTEZ MASTO, Mr. social and housing services in the State to be S. 651. A bill to amend the Internal Rev- WYDEN, Ms. WARREN, Mr. MURPHY, negatively affected; and enue Code of 1986 to increase the age require- Mr. BLUMENTHAL, Mrs. GILLIBRAND, Whereas, it is important for the economic ment with respect to eligibility for qualified Ms. KLOBUCHAR, Ms. SMITH, Mr. health of the State that the federal govern- ABLE programs; to the Committee on Fi- SCHATZ, Mr. BOOKER, and Mr. SAND- ment shutdown cease as quickly as possible; nance. ERS): now, therefore, be it By Mr. PORTMAN (for himself, Mr. S. 662. A bill to provide access to counsel Resolved, That We, your Memorialists, on UDALL, Mr. CARPER, Mrs. FEINSTEIN, for unaccompanied alien children; to the behalf of the people we represent, take this Mr. MARKEY, and Mr. PETERS): Committee on the Judiciary.
VerDate Sep 11 2014 01:51 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.010 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1660 CONGRESSIONAL RECORD — SENATE March 5, 2019 By Ms. HIRONO (for herself, Ms. HAR- protections for individuals with pre-existing kota (Mr. CRAMER) was added as a co- RIS, Mr. SANDERS, Ms. CORTEZ MASTO, medical conditions; to the Committee on the sponsor of S. 289, a bill to amend title Mrs. GILLIBRAND, Ms. KLOBUCHAR, Judiciary. XVIII of the Social Security Act to By Mr. MENENDEZ (for himself, Mr. Ms. SMITH, and Mr. BOOKER): support rural residency training fund- S. 663. A bill to clarify the status and en- BARRASSO, Mr. SCHUMER, Mr. GARD- hance the effectiveness of immigration NER, Mr. MURPHY, Mr. RUBIO, Mr. ing that is equitable for all States, and courts, and for other purposes; to the Com- CARDIN, Mr. ENZI, Mr. WYDEN, Mr. for other purposes. mittee on the Judiciary. BRAUN, Mr. VAN HOLLEN, Mr. JOHN- S. 333 By Mr. BROWN (for himself, Mr. BOOK- SON, Ms. STABENOW, Mr. TILLIS, Mr. At the request of Mr. CORNYN, the ER, Mrs. GILLIBRAND, Ms. SMITH, Mrs. DURBIN, Mr. REED, Mr. WHITEHOUSE, name of the Senator from Arkansas MURRAY, Mr. MERKLEY, Ms. BALDWIN, Mr. BROWN, Mr. COONS, Mrs. SHA- Mr. SANDERS, and Mr. DURBIN): HEEN, Ms. HASSAN, Mrs. GILLIBRAND, (Mr. BOOZMAN) was added as a cospon- S. 664. A bill to amend the National Labor Mr. CASEY, Mr. PETERS, Mr. CARPER, sor of S. 333, a bill to authorize the Relations Act to clarify the requirements for Mr. BENNET, and Mr. BOOKER): Secretary of Homeland Security to meeting the definition of the term ‘‘em- S. Res. 95. A resolution recognizing the work with cybersecurity consortia for ployee’’, and for other purposes; to the Com- 198th anniversary of the independence of training, and for other purposes. mittee on Health, Education, Labor, and Greece and celebrating democracy in Greece S. 349 Pensions. and the United States; to the Committee on By Mrs. GILLIBRAND (for herself, Mr. Foreign Relations. At the request of Ms. COLLINS, the RUBIO, Mr. BLUMENTHAL, Mr. MAR- f name of the Senator from Maine (Mr. KEY, Ms. DUCKWORTH, Mr. PETERS, ADDITIONAL COSPONSORS KING) was added as a cosponsor of S. Mr. WYDEN, Mr. UDALL, and Mrs. 349, a bill to require the Secretary of FEINSTEIN): S. 148 Transportation to request nominations S. 665. A bill to reduce the number of pre- At the request of Mr. PAUL, the name for, and make determinations regard- ventable deaths and injuries caused by of the Senator from Montana (Mr. underride crashes, to improve motor carrier ing, roads to be designated under the DAINES) was added as a cosponsor of S. national scenic byways program, and and passenger motor vehicle safety, and for 148, a bill to require a full audit of the for other purposes. other purposes; to the Committee on Com- Board of Governors of the Federal Re- merce, Science, and Transportation. S. 362 By Mr. BENNET (for himself and Mr. serve System and the Federal reserve At the request of Mr. WYDEN, the CRAPO): banks by the Comptroller General of S. 666. A bill to require the Secretary of the United States, and for other pur- names of the Senator from Wisconsin Labor to award grants to organizations for poses. (Mr. JOHNSON), the Senator from the provision of transition assistance to S. 172 Vermont (Mr. LEAHY), the Senator members and former members of the Armed At the request of Mr. GARDNER, the from Arkansas (Mr. BOOZMAN), the Sen- Forces who are separated, retired, or dis- names of the Senator from Alaska (Mr. ator from North Carolina (Mr. TILLIS), charged from the Armed Forces, and spouses SULLIVAN), the Senator from Tennessee the Senator from New Mexico (Mr. of such members, and for other purposes; to (Mrs. BLACKBURN), the Senator from HEINRICH) and the Senator from Mon- the Committee on Veterans’ Affairs. URKOWSKI tana (Mr. DAINES) were added as co- By Mr. VAN HOLLEN (for himself and Alaska (Ms. M ) and the Sen- Mr. TOOMEY): ator from Nebraska (Mrs. FISCHER) sponsors of S. 362, a bill to amend the S. 667. A bill to impose sanctions with re- were added as cosponsors of S. 172, a Internal Revenue Code of 1986 to re- spect to the Democratic People’s Republic of bill to delay the reimposition of the an- form taxation of alcoholic beverages. Korea, and for other purposes; to the Com- nual fee on health insurance providers S. 378 mittee on Banking, Housing, and Urban Af- until after 2021. fairs. At the request of Mr. BROWN, the S. 208 name of the Senator from Maryland At the request of Mr. TESTER, the f (Mr. VAN HOLLEN) was added as a co- names of the Senator from Washington SUBMISSION OF CONCURRENT AND sponsor of S. 378, a bill to amend the (Ms. CANTWELL) and the Senator from Internal Revenue Code of 1986 to estab- SENATE RESOLUTIONS Massachusetts (Ms. WARREN) were lish an excise tax on certain prescrip- The following concurrent resolutions added as cosponsors of S. 208, a bill to tion drugs which have been subject to a and Senate resolutions were read, and amend title 10, United States Code, to price spike, and for other purposes. referred (or acted upon), as indicated: permit certain retired members of the S. 403 By Mr. COTTON (for himself, Mr. uniformed services who have a service- JONES, Mr. MANCHIN, and Ms. connected disability to receive both At the request of Mr. WHITEHOUSE, MCSALLY): disability compensation from the De- the name of the Senator from Illinois S. Res. 93. A resolution expressing support partment of Veterans Affairs for their (Ms. DUCKWORTH) was added as a co- for the designation of March 2, 2019, as ‘‘Gold disability and either retired pay by sponsor of S. 403, a bill to encourage Star Families Remembrance Day’’ ; consid- reason of their years of military serv- the research and use of innovative ma- ered and agreed to. ice or Combat-Related Special Com- terials and associated techniques in the By Ms. HIRONO (for herself, Mr. pensation, and for other purposes. construction and preservation of the MANCHIN, Ms. KLOBUCHAR, Ms. DUCKWORTH, Mr. WHITEHOUSE, Mr. S. 225 domestic transportation and water in- TESTER, Ms. HASSAN, Ms. BALDWIN, At the request of Mr. ISAKSON, the frastructure system, and for other pur- Mr. MERKLEY, Mr. JONES, Ms. name of the Senator from Virginia (Mr. poses. SINEMA, Mr. DURBIN, Mr. WARNER) was added as a cosponsor of S. S. 407 BLUMENTHAL, Mrs. FEINSTEIN, Mr. 225, a bill to provide for partnerships At the request of Mr. HOEVEN, the COONS, Ms. ROSEN, Mr. KING, Mr. among State and local governments, name of the Senator from West Vir- LEAHY, Ms. SMITH, Mr. BROWN, Ms. regional entities, and the private sec- ginia (Mrs. CAPITO) was added as a co- CORTEZ MASTO, Mrs. SHAHEEN, Ms. tor to preserve, conserve, and enhance ARRIS OOKER EED sponsor of S. 407, a bill to amend the H , Mr. B , Mr. R , Mr. the visitor experience at nationally SCHUMER, Ms. WARREN, Mr. MARKEY, significant battlefields of the American Internal Revenue Code of 1986 to mod- Mr. MENENDEZ, Mr. BENNET, Ms. STA- Revolution, War of 1812, and Civil War, ify the qualifying advanced coal BENOW, Mr. WYDEN, Mrs. GILLIBRAND, project credit, and for other purposes. Mr. VAN HOLLEN, Mr. CASEY, Mr. and for other purposes. HEINRICH, Mr. KAINE, Mrs. MURRAY, S. 279 S. 479 Mr. MURPHY, Mr. UDALL, and Mr. At the request of Mr. THUNE, the At the request of Mr. TOOMEY, the WARNER): name of the Senator from New Mexico names of the Senator from Massachu- S. Res. 94. A resolution expressing the (Mr. HEINRICH) was added as a cospon- setts (Ms. WARREN), the Senator from sense of the Senate that the Department of sor of S. 279, a bill to allow tribal grant Wisconsin (Ms. BALDWIN) and the Sen- Justice should protect individuals with pre- schools to participate in the Federal ator from New Hampshire (Mrs. SHA- existing medical conditions by defending the Patient Protection and Affordable Care Act Employee Health Benefits Program. HEEN) were added as cosponsors of S. (Public Law 111–148; 124 Stat. 119) in Texas v. S. 289 479, a bill to revise section 48 of title 18, United States, No. 4:18-cv-00167-O (N.D. Tex.), At the request of Mr. GARDNER, the United States Code, and for other pur- in which the plaintiffs seek to invalidate name of the Senator from North Da- poses.
VerDate Sep 11 2014 01:51 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.013 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1661 S. 514 income of employees for employment (A) by performing acts of service and good At the request of Mr. TESTER, the duties performed in other States. will in their communities; and (B) by celebrating the lives of those who name of the Senator from Massachu- S. 628 have made the ultimate sacrifice so that oth- setts (Mr. MARKEY) was added as a co- At the request of Mr. KING, the ers could continue to enjoy life, liberty, and sponsor of S. 514, a bill to amend title names of the Senator from New Hamp- the pursuit of happiness. 38, United States Code, to improve the shire (Ms. HASSAN), the Senator from f benefits and services provided by the Vermont (Mr. LEAHY) and the Senator Department of Veterans Affairs to from New Hampshire (Mrs. SHAHEEN) SENATE RESOLUTION 94—EX- women veterans, and for other pur- were added as cosponsors of S. 628, a PRESSING THE SENSE OF THE poses. bill to amend the Internal Revenue SENATE THAT THE DEPART- S. 521 Code of 1986 to include biomass heating MENT OF JUSTICE SHOULD PRO- At the request of Mr. BROWN, the appliances for tax credits available for TECT INDIVIDUALS WITH PRE- names of the Senator from Rhode Is- energy-efficient building property and EXISTING MEDICAL CONDITIONS land (Mr. WHITEHOUSE) and the Senator energy property. BY DEFENDING THE PATIENT PROTECTION AND AFFORDABLE from Arkansas (Mr. BOOZMAN) were S. 638 CARE ACT (PUBLIC LAW 111–148; added as cosponsors of S. 521, a bill to At the request of Mr. CARPER, the 124 STAT. 119) IN TEXAS V. amend title II of the Social Security names of the Senator from New Jersey UNITED STATES, NO. 4:18-CV-00167- Act to repeal the Government pension (Mr. BOOKER), the Senator from Cali- O (N.D. TEX.), IN WHICH THE offset and windfall elimination provi- fornia (Ms. HARRIS), the Senator from PLAINTIFFS SEEK TO INVALI- sions. Maryland (Mr. VAN HOLLEN) and the DATE PROTECTIONS FOR INDI- S. 529 Senator from California (Mrs. FEIN- VIDUALS WITH PRE-EXISTING STEIN) were added as cosponsors of S. At the request of Ms. CANTWELL, the MEDICAL CONDITIONS name of the Senator from Alaska (Mr. 638, a bill to require the Administrator SULLIVAN) was added as a cosponsor of of the Environmental Protection Agen- Ms. HIRONO (for herself, Mr. S. 529, a bill to establish a national cy to designate per- and MANCHIN, Ms. KLOBUCHAR, Ms. program to identify and reduce losses polyfluoroalkyl substances as haz- DUCKWORTH, Mr. WHITEHOUSE, Mr. from landslide hazards, to establish a ardous substances under the Com- TESTER, Ms. HASSAN, Ms. BALDWIN, Mr. national 3D Elevation Program, and for prehensive Environmental Response, MERKLEY, Mr. JONES, Ms. SINEMA, Mr. other purposes. Compensation, Liability Act of 1980, DURBIN, Mr. BLUMENTHAL, Mrs. FEIN- STEIN, Mr. COONS, Ms. ROSEN, Mr. KING, S. 560 and for other purposes. Mr. LEAHY, Ms. SMITH, Mr. BROWN, Ms. S.J. RES. 9 At the request of Ms. BALDWIN, the CORTEZ MASTO, Mrs. SHAHEEN, Ms. At the request of Mr. CARPER, the names of the Senator from Alaska (Mr. HARRIS, Mr. BOOKER, Mr. REED, Mr. name of the Senator from Maine (Ms. SULLIVAN) and the Senator from Min- SCHUMER, Ms. WARREN, Mr. MARKEY, COLLINS) was added as a cosponsor of nesota (Ms. KLOBUCHAR) were added as Mr. MENENDEZ, Mr. BENNET, Ms. STABE- S.J. Res. 9, a joint resolution calling on cosponsors of S. 560, a bill to amend the NOW, Mr. WYDEN, Mrs. GILLIBRAND, Mr. Public Health Service Act, the Em- the United States and Congress to take VAN HOLLEN, Mr. CASEY, Mr. HEINRICH, ployee Retirement Income Security immediate action to address the chal- Mr. KAINE, Mrs. MURRAY, Mr. MURPHY, Act of 1974, and the Internal Revenue lenge of climate change. Mr. UDALL, and Mr. WARNER) sub- Code of 1986 to require that group and f mitted the following resolution; which individual health insurance coverage SUBMITTED RESOLUTIONS was referred to the Committee on the and group health plans provide cov- Judiciary: erage for treatment of a congenital S. RES. 94 anomaly or birth defect. SENATE RESOLUTION 93—EX- Whereas, in 2010, Congress passed and S. 567 PRESSING SUPPORT FOR THE President Barack Obama signed the Patient At the request of Mr. CRUZ, the name DESIGNATION OF MARCH 2, 2019, Protection and Affordable Care Act (Public of the Senator from Alaska (Mr. SUL- AS ‘‘GOLD STAR FAMILIES RE- Law 111–148; 124 Stat. 119) (in this preamble LIVAN) was added as a cosponsor of S. MEMBRANCE DAY’’ referred to as the ‘‘ACA’’); 567, a bill clarifying that it is United Whereas, prior to the enactment of the Mr. COTTON (for himself, Mr. JONES, ACA, individuals with pre-existing medical States policy to recognize Israel’s sov- Mr. MANCHIN, and Ms. MCSALLY) sub- conditions were routinely denied health in- ereignty over the Golan Heights. mitted the following resolution; which surance coverage, charged exorbitant rates S. 599 was considered and agreed to: for health insurance coverage, exposed to un- reasonable out-of-pocket costs for health At the request of Mr. COTTON, the S. RES. 93 name of the Senator from Texas (Mr. care, or subject to lifetime limits on health Whereas March 2, 2019, marks the 90th an- insurance coverage; CRUZ) was added as a cosponsor of S. niversary of President Calvin Coolidge sign- Whereas the ACA instituted comprehensive 599, a bill to amend the Immigration ing an Act of Congress that approved and protections for individuals with pre-existing and Nationality Act with respect to funded the first Gold Star pilgrimage to en- medical conditions, including— aliens associated with criminal gangs, able Gold Star mothers and widows to travel (1) the protection commonly known as and for other purposes. to the gravesites of their loved ones who died ‘‘guaranteed issue’’, which requires health during World War I; S. 600 insurance companies to issue a health plan Whereas the members and veterans of the to any applicant regardless of health status At the request of Mr. HOEVEN, the Armed Forces bear the burden of protecting or other factors, under section 2702 of the name of the Senator from North Da- the freedom of the people of the United Public Health Service Act (42 U.S.C. 300gg–1); kota (Mr. CRAMER) was added as a co- States; and (2) the protection commonly known as sponsor of S. 600, a bill to require the Whereas the sacrifices of the families of ‘‘community rating’’, which prohibits health Secretary of Transportation to estab- the fallen members and veterans of the insurance companies from varying premiums lish a working group to study regu- Armed Forces should never be forgotten: within a geographical area based on gender latory and legislative improvements Now, therefore, be it or health status and limits the ability of Resolved, That the Senate— for the livestock, insect, and agricul- health insurance companies to vary pre- (1) supports the designation of March 2, miums based on age, under section 2701 of tural commodities transport indus- 2019, as ‘‘Gold Star Families Remembrance the Public Health Service Act (42 U.S.C. tries, and for other purposes. Day’’; 300gg); and S. 604 (2) honors and recognizes the sacrifices (3) the prohibition on discrimination based At the request of Mr. THUNE, the made by the families of veterans and mem- on health status, which prohibits excluding names of the Senator from Arkansas bers of the Armed Forces who gave their from a health plan benefits for pre-existing lives to defend freedom and protect the medical conditions or establishing eligibility (Mr. BOOZMAN) and the Senator from United States; and rules based on pre-existing medical condi- West Virginia (Mrs. CAPITO) were added (3) encourages the people of the United tions, under sections 2704 and 2705(a) of the as cosponsors of S. 604, a bill to limit States to observe Gold Star Families Re- Public Health Service Act (42 U.S.C. 300gg–3, the authority of States to tax certain membrance Day— 300gg–4(a));
VerDate Sep 11 2014 01:51 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.016 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1662 CONGRESSIONAL RECORD — SENATE March 5, 2019
Whereas, on June 7, 2018, pursuant to sec- S. RES. 95 Whereas Greece, located in a region where tion 530D of title 28, United States Code, Whereas the people of ancient Greece de- Christianity meets Islam and Judaism, then Attorney General Jefferson Sessions, veloped the concept of democracy, in which maintains excellent relations with Muslim under the direction of the President, notified the supreme power to govern was vested in countries and Israel; Congress that the Department of Justice— the people; Whereas Greece remains an integral part of (1) would not defend the constitutionality Whereas the founding fathers of the United the European Union; of the requirement to maintain minimum es- States, many of whom read Greek political Whereas the Government of Greece has sential coverage under section 5000A of the philosophy in the original Greek language, taken important steps in recent years to fur- Internal Revenue Code of 1986, as added by drew heavily on the political experience and ther cross-cultural understanding, rap- the ACA; and philosophy of ancient Greece in forming the prochement, and cooperation in various (2) would argue that certain provisions of representative democracy of the United fields with Turkey, and has also improved its the ACA, including the provisions protecting States; relations with other countries in the region, an estimated 133,000,000 individuals in the Whereas Petros Mavromichalis, the former including Israel, thus enhancing the sta- United States with pre-existing medical con- Commander in Chief of Greece and a founder bility of the wider region; ditions, are inseverable from the require- of the modern Greek state, said to the citi- Whereas the Governments and people of ment to maintain minimum essential cov- zens of the United States in 1821, ‘‘It is in Greece and the United States are at the fore- erage; your land that liberty has fixed her abode front of efforts to advance freedom, democ- Whereas the United States District Court and . . . in imitating you, we shall imitate racy, peace, stability, and human rights; for the Northern District of Texas— our ancestors and be thought worthy of them Whereas those efforts and similar ideals (1) issued an order declaring that— if we succeed in resembling you.’’; have forged a close bond between the people (A) the requirement to maintain minimum Whereas the Greek national anthem, the of Greece and the United States; and essential coverage is unconstitutional; and (B) the remaining provisions of the ACA, ‘‘Hymn to Liberty’’, includes the words, Whereas it is proper and desirable for the including protections for individuals with ‘‘most heartily was gladdened George Wash- United States to celebrate March 25, 2019, pre-existing medical conditions, are ington’s brave land’’; Greek Independence Day, with the people of inseverable from that requirement; and Whereas the people of the United States Greece and to reaffirm the democratic prin- (2) invalidated the remaining provisions of generously offered humanitarian assistance ciples from which those two great countries the ACA; to the people of Greece during their struggle were founded: Now, therefore, be it Whereas the decision of the United States for independence; Resolved, That the Senate— District Court for the Northern District of Whereas Greece heroically resisted Axis (1) extends warm congratulations and best Texas was stayed and is pending appeal be- forces at a crucial moment in World War II, wishes to the people of Greece as they cele- fore the United States Court of Appeals for forcing Adolf Hitler to change his timeline brate the 198th anniversary of the independ- the Fifth Circuit; and delaying the attack on Russia; ence of Greece; Whereas the refusal of the Department of Whereas Winston Churchill said that ‘‘if (2) expresses support for the principles of Justice to defend the ACA, as even then At- there had not been the virtue and courage of democratic governance to which the people torney General Sessions acknowledged in his the Greeks, we do not know which the out- of Greece are committed; and notice to Congress, contravened the Execu- come of World War II would have been’’ and (3) notes the important role that Greece tive Branch’s ‘‘longstanding tradition of de- ‘‘no longer will we say that Greeks fight like has played in the wider European region and fending the constitutionality of duly enacted heroes, but that heroes fight like Greeks’’; in the community of nations since gaining Whereas hundreds of thousands of the peo- statutes if reasonable arguments can be its independence 198 years ago. ple of Greece were killed during World War made in their defense’’; f II; Whereas reasonable arguments can be Whereas Greece consistently allied with made in defense of the ACA, as evidenced by NOTICE OF INTENT TO OBJECT TO the United States in major international an amicus brief filed by legal experts, includ- PROCEEDING conflicts throughout its history as a modern ing experts who supported other legal chal- state; I, Senator CHUCK GRASSLEY, intend lenges to the ACA; and Whereas Greece is a strategic partner and to object to proceeding to the nomina- Whereas, by arguing that the guaranteed ally of the United States in bringing polit- tion of William Ro Evanina, of Penn- issue, community rating, and other protec- ical stability and economic development to sylvania, to be Director of the National tions prohibiting discrimination are the Balkan region, having invested billions inseverable from the remaining provisions of Counterintelligence and Security Cen- of dollars in the countries of the region and ter, dated March 5, 2019. the ACA and therefore the remaining provi- having contributed more than $750,000,000 in sions of the ACA are invalid, the Department development aid for the region; f of Justice is risking vital protections for the Whereas the Government and people of estimated 133,000,000 individuals in the AUTHORITY FOR COMMITTEES TO Greece actively participate in peacekeeping MEET United States with pre-existing medical con- and peace-building operations conducted by ditions: Now, therefore, be it international organizations, including the Mr. FISCHER. Mr. President, I have Resolved, That it is the sense of the Senate United Nations, the North Atlantic Treaty 10 requests for committees to meet that the Department of Justice should pro- Organization, the European Union, and the tect individuals with pre-existing medical during today’s session of the Senate. Organization for Security and Co-operation They have the approval of the Majority conditions, including by reversing its posi- in Europe; tion and defending the critically important and Minority leaders Whereas Secretary of State Michael Pursuant to rule XXVI, paragraph provisions of the Patient Protection and Af- Pompeo hosted Acting Greek Foreign Min- fordable Care Act (Public Law 111–148; 124 ister George Katrougalos in a United States- 5(a), of the Standing Rules of the Sen- Stat. 119) in Texas v. United States, No. 4:18– Greece Strategic Dialogue on December 13, ate, the following committees are au- cv–00167–O (N.D. Tex.). 2018, that underscored Greece’s importance thorized to meet during today’s session f to the United States as a pillar of stability of the Senate: SENATE RESOLUTION 95—RECOG- in the Eastern Mediterranean and Balkans COMMITTEE ON ARMED SERVICES and as an important NATO ally; The Committee on Armed Services is NIZING THE 198TH ANNIVERSARY Whereas the eastern Mediterranean tri- OF THE INDEPENDENCE OF lateral partnership of Greece, Israel, and Cy- authorized to meet during the session GREECE AND CELEBRATING DE- prus is increasingly important to United of the Senate on Tuesday, March 05, MOCRACY IN GREECE AND THE States interests, and each country’s strong 2019, at 9:30 a.m., to conduct a hearing. UNITED STATES relationship with the United States, as well COMMITTEE ON ARMED SERVICES as the prospect of an Eastern Mediterranean Mr. MENENDEZ (for himself, Mr. The Committee on Armed Services is pipeline enabling safe transmission of gas to authorized to meet during the session BARRASSO, Mr. SCHUMER, Mr. GARDNER, Western Europe, is critical to security and Mr. MURPHY, Mr. RUBIO, Mr. CARDIN, energy stability; of the Senate on Tuesday, March 05, Mr. ENZI, Mr. WYDEN, Mr. BRAUN, Mr. Whereas the United States was the hon- 2019, at 2:30 p.m., to conduct a hearing. VAN HOLLEN, Mr. JOHNSON, Ms. STABE- ored country at Greece’s premier COMMITTEE ON ENERGY AND NATURAL NOW, Mr. TILLIS, Mr. DURBIN, Mr. REED, Thessaloniki International Fair on Sep- RESOURCES Mr. WHITEHOUSE, Mr. BROWN, Mr. tember 8-16, 2018; The Committee on Energy and Nat- Whereas Greece received worldwide praise COONS, Mrs. SHAHEEN, Ms. HASSAN, ural Resources is authorized to meet for its extraordinary handling during the Mrs. GILLIBRAND, Mr. CASEY, Mr. during the session of the Senate on 2004 Olympic Games of more than 14,000 ath- PETERS, Mr. CARPER, Mr. BENNET, and letes and more than 2,000,000 spectators and Tuesday, March 05, 2019, at 10 a.m., to Mr. BOOKER) submitted the following journalists, a feat the Government and peo- conduct a hearing entitled ‘‘Examining resolution; which was referred to the ple of Greece handled efficiently, securely, the electricity sector in changing cli- Committee on Foreign Relations: and with hospitality; mate.’’
VerDate Sep 11 2014 01:51 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.019 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1663 COMMITTEE ON FOREIGN RELATIONS the background check procedures to be fol- OPIOID EPIDEMIC The Committee on Foreign Relations lowed before a Federal firearms licensee may Mr. PORTMAN. Madam President, I is authorized to meet during the ses- transfer a firearm to a person who is not such a licensee. have come to the floor of the Senate sion of the Senate on Tuesday, March today to talk about the opioid crisis, to Mr. MCCONNELL. In order to place 05, 2019, at 3 p.m., to conduct a hearing talk about what is happening out there the bill on the calendar under the pro- entitled ‘‘Post-Hanoi: Status of the in our communities and how some of visions of rule XIV, I object to further North Korean Denuclearization effort.’’ our Federal legislation is working, and proceeding. COMMITTEE ON HEALTH, EDUCATION, LABOR, to talk about some good news, which is The PRESIDING OFFICER. Objec- AND PENSIONS that there is some improvement in tion having been heard, the bill will be The Committee on Health, Edu- terms of the overdose deaths we have placed on the calendar. cation, Labor, and Pensions is author- seen in this country, but also a warn- ized to meet during the session of the f ing that although we are finally mak- Senate on Tuesday, March 05, 2019, at EXPRESSING SUPPORT FOR THE ing progress on the opioid crisis, we are 10 a.m., to conduct a hearing entitled DESIGNATION OF MARCH 2, 2019, also seeing other drugs, such as pure ‘‘Vaccines save lives: What is driving AS ‘‘GOLD STAR FAMILIES RE- crystal meth, coming from Mexico and preventable disease outbreaks?’’ MEMBRANCE DAY’’ other drugs beginning to take hold in COMMITTEE ON HOMELAND SECURITY AND our communities. Mr. MCCONNELL. Madam President, GOVERNMENTAL AFFAIRS So let me start, if I could, by talking I ask unanimous consent that the Sen- The Committee on Homeland Secu- a little about what the opioid crisis has ate proceed to the consideration of S. rity and Governmental Affairs is au- been and what we are doing to address Res. 93, submitted earlier today. thorized to meet during the session of it. the Senate on Tuesday, March 05, 2019, The PRESIDING OFFICER. The You recall that the last data we had, at 2:30 p.m., to conduct a hearing on clerk will report the resolution by which is for 2017—over 70,000 Americans the nomination of Joseph V. Cuffari, of title. lost their lives to overdoses. The No. 1 Arizona, to be Inspector General, De- The legislative clerk read as follows: drug, the No. 1 killer, has been partment of Homeland Security. A resolution (S. Res. 93) expressing support fentanyl, which is a synthetic opioid COMMITTEE ON THE JUDICIARY for the designation of March 2, 2019, as ‘‘Gold that, about 4 or 5 years ago, hit our Star Families Remembrance Day.’’ The Committee on the Judiciary is communities hard. Year after year, for authorized to meet during the session There being no objection, the Senate 7 or 8 years now, we have seen in- of the Senate on Tuesday, March 05, proceeded to consider the resolution. creases every single year in the number 2019, at 10 a.m., to conduct a hearing on Mr. MCCONNELL. I ask unanimous of people who die from overdoses, the following nominations: Sean D. consent that the resolution be agreed which is one way to measure it. An- Jordan, to be United States District to, the preamble be agreed to, and the other way to measure it is just the Judge for the Eastern District of motions to reconsider be considered number of people addicted. That is a Texas, and Mark T. Pittman, to be made and laid upon the table with no harder figure to find, but that has also United States District Judge for the intervening action or debate. increased year to year. Northern District of Texas. The PRESIDING OFFICER. Without It is devastating communities. The SELECT COMMITTEE ON INTELLIGENCE objection, it is so ordered. No. 1 cause of death in my home State The Select Committee on Intel- The resolution (S. Res. 93) was agreed of Ohio is opioid overdoses. Among ligence is authorized to meet during to. Americans under 50, it is now the No. 1 the session of the Senate on Tuesday, The preamble was agreed to. cause of death in America. March 05, 2019, at 2:30 p.m., to conduct (The resolution, with its preamble, is It also has had many impacts on our a closed hearing. printed in today’s RECORD under ‘‘Sub- health system and on our criminal jus- SUBCOMMITTEE ON ANTITRUST, COMPETITION mitted Resolutions.’’) tice system. Go to the emergency POLICY AND CONSUMER RIGHTS f rooms. Look at our jails that are filled with people whose crimes somehow re- The Subcommittee on Antitrust, ORDERS FOR WEDNESDAY, MARCH late to opioids. Often, these are prop- Competition Policy and Consumer 6, 2019 Rights of the Committee on the Judici- erty crimes—people doing something to ary is authorized to meet during the Mr. MCCONNELL. Madam President, get the money to pay for their drugs. session of the Senate on Tuesday, I ask unanimous consent that when the Look at the impact it has had on our March 05, 2019, at 2:30 p.m., to conduct Senate completes its business today, it families. The foster care system is a hearing entitled ‘‘Does America have adjourn until 10 a.m., Wednesday, overwhelmed. I was with some juvenile a monopoly problem: Examining con- March 6; further, that following the court judges today from Ohio who were centration and competition in United prayer and pledge, the morning hour be telling me that they can’t find spon- States economy.’’ deemed expired, the Journal of pro- sors, that they can’t find foster parents ceedings be approved to date, the time SUBCOMMITTEE ON CLEAN AIR AND NUCLEAR because the system is overrun with SAFETY for the two leaders be reserved for their kids whose parents are addicted to The Subcommittee on Clean Air and use later in the day, morning business opioids, and they cannot go home, but Nuclear Safety of the Committee on be closed, and the Senate proceed to they need a loving family. Environment and Public Works is au- executive session and resume consider- It has impacted our economy because thorized to meet during the session of ation of the Readler nomination under so many people are now out of work al- the Senate on Tuesday, March 05, 2019, the previous order. together, aren’t even looking for work, at 10 a.m., to conduct a hearing enti- The PRESIDING OFFICER. Without and don’t even show up in the unem- tled ‘‘States roles in protecting air objection, it is so ordered. ployment numbers. If you look at the quality.’’ f labor force participation rate being so low—in other words, the number of f ORDER FOR ADJOURNMENT people working—the unemployment MEASURE PLACED ON THE Mr. MCCONNELL. Madam President, rate today would not be 4 percent; it CALENDAR—H.R. 1112 if there is no further business to come would be more like 8 percent if you just Mr. MCCONNELL. Madam President, before the Senate, I ask unanimous went back to a normal level. And a lot I understand there is a bill at the desk consent that it stand adjourned under of that, based on studies done by the that is due for a second reading. the previous order, following the re- Department of Labor and Brookings The PRESIDING OFFICER. The marks of Senator PORTMAN and Sen- and others, shows that the opioid crisis clerk will read the bill by title for the ator BROWN. is driving that. second time. The PRESIDING OFFICER. Without It has impacted us in so many ways. The legislative clerk read as follows: objection, it is so ordered. Here is the exciting news: After 7 or A bill (H.R. 1112) to amend chapter 44 of The PRESIDING OFFICER. The Sen- 8 years of increases every year in the title 18, United States Code, to strengthen ator from Ohio. number of people whose hopes are lost,
VerDate Sep 11 2014 01:51 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.026 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1664 CONGRESSIONAL RECORD — SENATE March 5, 2019 whose lives are lost, we are seeing—at sis?’’ and I have always said yes. There cause it is working. Because we can all the end of 2017 and into 2018, the initial is a light at the end of the tunnel be- go home now and look at our States numbers we have—some improvement. cause we know what we need to do. and see where some of this funding is It starts from an unacceptably high We need to have better education and going and show that through innova- number, so this is not something we prevention programs to keep people tion, through doing things differently, should start congratulating ourselves from falling into addiction in the first we are beginning to make a difference. about, but it is much better, finally, to place. We need to stop the overpre- Let me give the best example, per- see this trend start to reverse. scribing from our doctors so that peo- haps, that I see around the country; Preliminary data from the Centers ple aren’t inadvertently, because of an that is, instead of saving someone’s life for Disease Control and their National accident or an injury, taking prescrip- with Narcan and having that person Center for Health Statistics points to a tion pain pills and then becoming ad- overdose sometimes again and again— promising, although very modest, dicted and then moving to heroin and first responders will tell you that they downturn. They measure drug overdose fentanyl and so on and often to find it frustrating to save the same deaths in 12-month periods, ending in overdoses. people again and again and not find any given month. The last data we We need to do much more in terms of any route to success. You want to get have regarding predicted deaths was treatment and getting people into these people into treatment. So what between September 2017 and March longer term recovery because we know we have funded through CARA—the 2018, and during that time period, we initial treatment is important. In fact, Comprehensive Addiction and Recov- saw the number of deaths fall from essential to getting people through the ery Act—are these rapid-response about 73,000 Americans to 71,000 Ameri- process of coming out of their addic- teams. So when somebody overdoses cans. tion is that they have to go through a from fentanyl, they don’t just go back So there is still a crisis that we face painful process and then go into a home or go back to the old community as a country, but it shows that in many treatment program. We have also found or the old gang. Instead, somebody vis- States, including Ohio, we are begin- that longer term recovery programs its—a law enforcement officer, a social ning to see a little progress. Again, are key to people’s success—getting worker, a treatment provider. They this follows a time period where we saw back on their feet, getting back to knock on the door and say: We want to a big increase due to this fentanyl—the their families, and getting back to get you into treatment. We want to synthetic drug that is 50 times more work. help you. We are here to help. We are powerful than heroin—causing so many One of the reasons we have made not here to arrest you; we are here to of those overdoses. progress is because, as I said earlier, at help you. In fact, in my view, we were begin- every level of government, there has The success rate is phenomenal— ning to make progress through some been movement, and there has been maybe greater than you would think— Federal, State, and local policies and progress made. Here in Washington, in because a lot of these people, particu- also the innovative work of the non- the Congress, we have done things that larly right after overdosing and having profits that were working in our com- are historic. As an example, never be- Narcan applied, saw their lives flash munities. We had begun to see progress fore have we funded recovery—until before their eyes, and they are looking on treatment and prevention and re- just a few years ago. We have never had for some help. Probably 8 out of 10 peo- covery and providing more Narcan, and this much focus on providing the funds ple are not getting into treatment, so then this influx of fentanyl hit us and for Narcan to be used to help our first they are looking for an avenue to overwhelmed the system. Now we are responders and others use this miracle treatment. beginning to see—even with the drug to reverse the effects of an over- In some places in Ohio, there has fentanyl still out there—that we are dose. We have never spent so much been as much as an 80-percent success beginning to make progress. money on prevention and education. rate in getting those people who were In Ohio—fentanyl hit our State par- And, of course, we have never spent so virtually a zero-percent success rate ticularly hard. We had a record 4,800 much money on treatment. before into treatment programs. Again, overdose deaths in 2017, which was a 20- Several years ago, some of us came they have to be the right programs, percent jump over 2016’s toll. So it has together, knowing this crisis was build- and there has to be that longer term been tough for 8 years in a row. ing, and said: How do we create legisla- recovery in order to ensure success, but What I can report today is that now tion here in Washington that can make programs like those are beginning to we are seeing a little progress. We saw a difference? Some said it is not really turn the tide. a 21-percent drop in overdose deaths in a Federal role. My view was that the Over the past several months, I have the first half of 2018. Again, we have Federal Government has a big role here been around the State of Ohio—as I not yet gotten all the numbers for 2018. because it is a national emergency, a have done the last several years—and I When we have all those, I will come national crisis, but we ought to take met with local leaders to find out what back to the floor and talk about them. the best information from around the is really going on and how the money But for the first half of 2018, we are country, find out what the best prac- is being spent. getting the numbers in now at about a tices are, and then help the States by A couple of weeks ago, I met local 20-percent drop. providing funding to leverage addi- leaders and participants in the Path- That was the biggest drop in the Na- tional funding at the local level, the ways Achieving Recovery by Choice tion, by the way, during the period State level. That was called the Com- program. That is a voluntary recovery from July 2017 through June 2018, ac- prehensive Addiction and Recovery program for incarcerated women with cording to the Centers for Disease Con- Act. We spent 3 or 4 years putting it to- substance abuse disorders and many trol. So that is good, because Ohio has gether. We had five conferences here in with co-occurring mental health issues been in the middle of this. Other than Washington. Senator WHITEHOUSE on as well. These are women behind bars West Virginia, we probably have had the other side of the aisle and I are the who volunteer to go into this program. the highest number of overdose deaths coauthors of that legislation. All of them are numerous repeat of- on average in the last several years. The first year, we got some money fenders. In other words, these are Separately, preliminary data from from Congress—$181 million—to sup- women whose chances of being back in the Ohio Department of Health shows a port these treatment programs, edu- the system after they get out is ex- 34-percent decrease in overdose deaths cation programs, treatment and recov- tremely high. The program director from January to June 2018. Again, ery programs together, Narcan for our said it is virtually 100 percent because those first 6 months, we saw a little de- first responders—181 million bucks. they have been arrested numerous crease, finally—34 percent. That is The next fiscal year, we got $267 mil- times, and they keep coming back progress—again, from a high starting lion to fund these same programs. The again and again into the system. point, but I believe we are headed in next year, 2018, we got $608 million. In This program that I got to see re- the right direction. 2019, this year, we got $647 million. So ceived a grant from the Comprehensive Some people have asked me ‘‘Are we we have increased the funding and in- Addiction and Recovery Act of $881,000 ever going to see the end of this cri- creased the commitment. Why? Be- so that this program could last not just
VerDate Sep 11 2014 01:51 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.037 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1665 1 year but several years. They put it in The county has received a $500,000 they need once they have identified a place. They are providing treatment CARA grant for an innovative program package that is suspect. That combina- and recovery services for these women to help those with substance abuse and tion is making a difference right now. and teaching them not just about how mental health disorders get help in- President Trump signed that law in Oc- to avoid going back to the old neigh- stead of going through the criminal tober of last year after about 2 years of borhood and getting back in trouble justice system. They also got $50,000 hard work and investigation by the again but also how to establish their for a prevention grant for a group Permanent Subcommittee on Inves- lives in a productive way—going back called PreventionFirst!, which is a tigations. It is making a difference, to work, getting back with their fami- group I founded more than 20 years but, as Police Chief Tom Synan said, lies. ago, about 25 years ago in Cincinnati. we have to implement it and imple- It was great to hear from Dr. Patrice It is still there helping to prevent drug ment it quickly. Palmer, who runs the program, and abuse. They are doing a good job. They I spoke today to the Secretary of also Franklin County Commissioner have also received money through the Homeland Security. She talked about Marilyn Brown, Sheriff Dallas Baldwin, 21st Century Cures Act. In fact, in the the INTERDICT Act. She wants to and others about how this is helping last 2 years, Ohio has received 26 mil- push those quickly, and we need to, be- residents get what they need—the lion bucks a year from the Cures legis- cause those will continue to make a treatment and recovery services they lation that goes straight to the State, difference. But they are starting to need, the housing they need—but most and the State decides how it is given work, and that is part of the reason we importantly, get them to rebuild their out to good groups and organizations are seeing some progress. lives and not come back into the sys- around the State. I recently toured the jail in Butler tem. I mentioned earlier that the re- The Cures funding and the CARA County, OH, to see firsthand how they cidivism rate is virtually 100 percent funding, as I see it, is working. It is ex- are using their Federal funding. They for this group. In other words, 100 per- panding Medicaid-assisted treatment. got about $800,000 in a CARA grant. I cent of them are going to come back It is helping first responders—these are met with Scott Rasmus, the executive into prison based on the record. This our EMS, our firefighters—who are out director of the Butler County Mental program has got that down to 20 per- there trying to save lives. They need Health and Addiction Recovery Serv- cent. In other words, 80 percent of the training on Narcan. They need the ices Board, Sheriff Jones, and other these women have gotten out, gotten funding. community leaders about how they are into the programs they need, gotten It has also helped with regard to clos- using this funding to close the gaps back on their feet, gotten a job, and ing the gap for those who are seeking that often occur with treatment. found an apartment. Eighty percent of treatment. I mentioned earlier the gap Again, they are doing what I talked them are back in our communities as between Narcan being applied and about earlier, with these rapid response productive citizens. That, to me, is somebody getting into treatment. teams that ensure, that, yes, they are what this is all about. There is also a gap, unfortunately, be- saving people’s lives with Narcan, but I spoke to a number of the partici- tween people in treatment and getting then getting them into a treatment pants in the program, and they were into longer term recovery. Often, there program that works for them. optimistic because it is a very upbeat is a waiting period there, and people In January I was in Portsmouth, OH, program. I was asked to give a quote, fall back into their addiction. These one of the hardest hit areas of our and I gave a Winston Churchill quote gaps can be closed, and when they are State. Portsmouth, OH, has been the about how when you fall down, the and when it is a comprehensive, seam- subject of a lot of attention by the most important thing is getting back less program, the results are amazing. media—a lot of attention because they up. That is more important than suc- During our meeting in Hamilton were hit so hard by the heroin crisis cess without having failures. I talked County, Newtown, OH, Police Chief that followed the prescription drug cri- about the fact that I have been to a lot Tom Synan told me that fentanyl con- sis. of these programs around the State, tinues to be the deadliest drug in I met there with law enforcement and I have seen where people find—for greater Cincinnati. He wants us to im- and local officials from Adams County, the first time in their lives, in many plement quickly two pieces of legisla- Lawrence County, and Scioto County. cases—the kind of meaning in their tion. One is called the STOP Act, They have received $525,000 in grants lives and the kind of hope for the fu- which this Congress passed to keep from the Cures Act, and they are using ture that let them get back on track. fentanyl from flowing freely into our it to help to address every aspect of ad- I talked to Nina Davidson. She is a communities. diction, including the gaps in treat- repeat offender. Nina said what all the In August 2016, we had 174 overdoses ment I talked about. They funded a re- women said. She said: I don’t want to in 6 days—174 in 6 days. It was what entry project, the Hughes Re-Entry go back to jail. She doesn’t want to they called a bad batch. It was fentanyl Center, which provides longer term as- keep living that life. She has been in being mixed with heroin. That drew na- sistance through outpatient services, and out of jail many times. Pathways tional attention to the crisis. That is assisted housing, and working with the has helped her change her thinking, when we started working on this STOP Community Justice Center to close the and that is what it is all about—chang- Act, which is to say, let’s stop this gaps occurring when people get out of ing the thinking and therefore chang- stuff from coming in through the U.S. prison and getting them into programs ing lives and saving lives. mail system, which is where most of it that will help them to avoid getting Earlier this year, I met with law en- comes, and from China, which is where right back into prison again. forcement, local officials, and members most of it comes. We passed that legis- Lastly, I want to highlight a recent of the Hamilton County Heroin Coali- lation, and it is helping because it re- visit I made to the Oasis House. Oasis tion to find out how they are using quires the U.S. Postal Service to actu- is a safe house in Dayton, OH. It pro- these Federal funds. ally screen through these packages to vides a supportive environment and re- Again, I am here talking to my col- get the information to know what is a covery services to women who were leagues, Republican and Democrat suspect package to help Customs and trafficked or abused, and it helps them alike, saying that we need more Border Protection pull these packages get back on their feet through coun- money, and they want to know where off and begin to pull some of these seling, drug treatment, or other social it is going. Is it working? drugs out of our communities, which, services. I was there last month and Well, I just talked about one that is at a minimum, increases the cost of had the opportunity to visit with the working in Columbus. It is also work- this drug on the street, which is impor- women. It is a Christian, nonprofit or- ing in Hamilton County, which is the tant. ganization—a faith-based group—that Cincinnati Federal area. They have re- We also have the other legislation. I runs these safe houses. Most of these ceived Federal funding through the see that my colleague SHERROD BROWN women are victims of human traf- CARA legislation and also the 21st Cen- is on the floor today. The INTERDICT ficking. These women are often home- tury Cures law—again, something this Act helps because it gives those same less. Every single one of them I talked Congress passed on a bipartisan basis. people more funding for the screening to was also an addict or a recovering
VerDate Sep 11 2014 01:51 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.039 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1666 CONGRESSIONAL RECORD — SENATE March 5, 2019 addict. They have been through a lot— Members, and now we have a couple his work on both the issues he spoke a lot of trauma—and they need the dozen Members of this body who work about—both, on sex trafficking, which help, but the good news is they are get- day in and day out to say: How can we is a terrible affliction in our country ting the help, and there is hope. do more to help? and especially in Ohio, and on the issue At my visit to the safe house, I met One thing we found through our re- of opioid deaths. We lose almost 100 these incredibly courageous women search was that online sex trafficking people a week in Ohio to overdoses, and who have taken these steps voluntarily is growing dramatically and is one rea- more than 11 a day on opioid overdoses. to get their lives back together, using son you see the increase in sex traf- So I thank my colleague from Cin- faith and using, in some cases, treat- ficking here in this country and around cinnati for that. ment programs. The funding they are the world. f getting is coming through the Mont- After 18 months of investigation— gomery County ADAMHS Board, the particularly into backpage, which was GM CLOSURES alcohol and drug board, and that fund- the commercial site that had probably Mr. BROWN. Madam President, this ing comes from the CARA legislation three-quarters of the trafficking on it— week, General Motors is set to lay off and the Cures legislation. Again, seeing we passed a law called the SESTA leg- thousands of workers in Lordstown, in action what is actually happening islation, which ensures that these OH, and around the country. Tomorrow on the ground gives me hope that we websites that knowingly engage, facili- is the day that most of the first shift are beginning to make progress. tate, or promote trafficking are held lose their jobs. Several months ago, the I met with the safe house ‘‘Mom.’’ accountable for what happens on their second shift lost their jobs. A couple She is the resident mother, as she calls platforms. It is about time. We should years ago, the third shift lost their herself, of this house. She is there to have done it a long time ago. jobs. That totals about 4,500 human take care of concerns that women Having passed that legislation, beings with families. have. She is a recovering addict her- backpage is now shut down, and the What is the President’s response? He self. She is a domestic violence sur- National Center for Missing and Ex- boasts nonsense and rubs salt in these vivor. Oasis House saved her life, and ploited Children reported to us that workers’ wounds. Last week, as if he now she is giving back by helping cur- probably about two-thirds of these on- didn’t know about Lordstown and other rent Oasis clients to be able to help line websites that sell women and chil- places, he said: We have car companies save their lives. I want to congratulate dren online have now been discon- opening up in Michigan and Ohio and Cheryl Oliver, their executive director, tinued. Again, we haven’t solved the Pennsylvania and so many other for all of the great work they are problem. It is still very much out places. doing. The bravery of these young there. Other websites will crop up on I don’t know where those mystery women was inspiring and, again, it is the dark web as well, but we have made factories are in Ohio that the President great to see firsthand how this is mak- progress by focusing on the issue in a brags about. They aren’t in Lordstown, ing a difference in their lives. bipartisan way. Numerous websites where people are about to lose those We have recently seen this issue of have been shut down, as we have been jobs. President Trump’s remarks, his trafficking arise in connection with a told by the experts. I will quote the Na- uncaring feelings, and his ignorance of sex trafficking ring in Florida. We are tional Center for Missing and Exploited even knowing what has happened in told that illicit spas—like those in Children: ‘‘Since the enactment of Ohio—the State he seems to boast Florida that you have probably heard SESTA and the government’s seizure of about and credit for his victory—are a about in the media in the last week or Backpage, there has been a major dis- slap in the face to the workers, and so—can sometimes be hubs of human ruption in the online marketplace.’’ there is the fact that he has done noth- trafficking, where women, often im- As we talked earlier—whether it is ing to help. ported from foreign countries, are the SESTA legislation that is now Think about the workers who are out brought in to America. They are often working, whether it is the CARA legis- of a job at the end of the week. Think induced through fraud, fear, or some lation and the Cures legislation on the about their families. Think about the other type of coercion to perform sex opioid crisis—that we are making a dif- other families in Lordstown who are acts for money, and that is what inves- ference. The funding that has been pro- about to lose customers. tigators believe happened here. They vided by this body and by the House— Senator PORTMAN and I spent a lot of believe that the women in these spas after careful research to figure out time working with General Motors, vis- were from foreign countries, and that what works and what doesn’t work and iting a restaurant near the plant and they were induced into this through co- sending it to evidence-based pro- talking to the workers there who know ercion. There is more information com- grams—is working. We cannot take our their jobs are affected as fewer ing out. They don’t have all of the de- eye off the ball. We cannot stop now. If Lordstown workers come to that res- tails yet. The investigation continues, we do, we will just see this problem taurant. Multiply that with hardware but they suspect the managers at these crop up in different ways. stores, police and fire jobs and teacher day spas were trafficking these women, I mentioned that as we are making jobs and all that afflicts the Mahoning and, therefore, they arrested the own- progress on opioids, law enforcement Valley when GM does what it does. ers at several of these day spas. It is and those who are in the trenches— Remember what Donald Trump another disturbing reminder that treatment providers—are talking about promised people in communities like human trafficking continues to exist the fact that other drugs are beginning Youngstown. He said that he would right here in this country in this cen- to rise, particularly crystal meth. So fight for them, that he would fight for tury, and we must stay vigilant in our we can’t stop. We have to continue. their jobs. Last year, he told the people efforts to combat this horrific crime. These programs are making a dif- of Mahoning Valley—Mahoning Valley In my last 8 years here in the Senate, ference, helping people to get their is Youngstown, Warren, Lordstown, it has been one of our top priorities to lives back on track and helping to save and that area: ‘‘Don’t move.’’ pass legislation to combat human traf- their lives. The Federal Government These are the President’s words: ficking. We have passed bills into law continues to have a role here to be bet- Don’t move, don’t sell your house. We’re to get better data on sex trafficking ter partners in this effort with States, going to fill up those factories or rip them here in the United States, to ensure local governments, and nonprofits that down and build new ones. that victims are treated as victims and are out there doing their best and, ulti- He said: not as criminals, to increase Federal mately, with our families. That is what We never again will sacrifice Ohio jobs and penalties on johns, and to enact a zero- this is all about, giving people hope those in other states to enrich other coun- tolerance policy on human trafficking and saving lives. tries. and government contracts. I yield back my time. Think about that. The President of I am proud to say that, with Senator The PRESIDING OFFICER. The Sen- the United States comes in, in the BLUMENTHAL, we cofounded and co- ator from Ohio. midst of these GM layoffs, and says: chaired the human trafficking caucus Mr. BROWN. Madam President, I Don’t sell your house. Don’t move. We here. We started off with a couple thank my friend from Cincinnati for are going to fill those factories up. If
VerDate Sep 11 2014 01:51 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.040 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1667 we don’t fill them up, we are going to ises? I am going to make a statement NOMINATIONS rip them down and build new ones. that is provably true but almost Mr. BROWN. Madam President, the He went on to say: Workers will come doesn’t even make sense that it could last vote we took today was about back. Jobs will come back from these be true. His tax bill says: If you do Americans’ healthcare. It was about countries. your production in Lordstown, OH, you consumer protections for preexisting Then, even when I called and talked pay a 21-percent tax rate, but if you conditions that are at risk because of to him about the second-shift layoff, he move your production to Mexico, you partisan judges. didn’t even know about it. I am not pay a 10.5-percent tax rate. The Presiding Officer was running for sure what his staff is telling him. In other words, because of Trump’s the Senate at the time and wasn’t in Maybe FOX doesn’t cover these stories, tax law that, frankly, was written this body, but I assume she knows, and but the mainstream media does. These down the hall in Senator MCCONNELL’s all of us remember the day when the are real stories. These aren’t political office but with the President’s signa- repeal of the Affordable Care Act opinions. Some 4,500 people lost their ture on it, these companies get a 50- failed. jobs, and the President doesn’t seem to percent-off coupon for moving over- The people on that side of the aisle, know or care. seas. Think about that. If these compa- the Republicans, were all voting to Those weren’t the only promises he nies move overseas, they get a 50-per- take away consumer protections for made. Over and over, Candidate Trump cent-off coupon on their taxes. preexisting conditions. That was part and then-President Trump promised I talked to the President about that. of the vote for the repeal. Among other I asked him to reconsider that law, and American autoworkers that he would things, it was to cut people off Med- he said: ‘‘Where did that law come fight for their jobs. icaid, many of whom were getting In Warren, just a few miles from from?’’ I said: ‘‘Well, Mr. President, it was in treatment for opioid addiction, and it Lordstown, in 2016, he said: ‘‘If I’m was to take away the consumer protec- elected, you won’t lose one plant, I your tax bill, and you signed it.’’ Then I talked to him about the tions for preexisting conditions. That promise you that.’’ ‘‘If I’m elected, you is when people can’t get insurance be- won’t lose one plant, I promise you American Cars, American Jobs Act and how he can fix this. Here is what the cause they are sick or they get their that.’’ insurance canceled because they are In Michigan in the fall of 2016—an- bill does. Customers who buy cars made in the United States get a $3,500 too expensive. They are sick, their in- other State with a lot of auto jobs—he surance is too expensive, and the insur- said: ‘‘We will bring back your auto discount at the dealership. If the Amer- ican car is electric or a plug-in hybrid, ance companies come down on them. manufacturing business like you have they get an even bigger discount. These So the stage was set. The Republican never seen it before.’’ are the cars GM said it was going to Members who said they wanted to pre- In February 2017, he promised again: serve preexisting conditions, many of ‘‘A lot of jobs are going to be coming start making instead of the Cruze. There is no reason they can’t make them ran their campaigns on—because back into Ohio and Michigan and Penn- them in Lordstown instead of Mexico. they knew the voters were very upset sylvania and all the places that have Second, companies that cut the num- with Republicans for trying to take been hurt so badly.’’ ber of American jobs they had on the away the consumer protections on pre- In March 2017, he said: ‘‘The assault day the GOP tax bill passed, if they existing conditions, they ran their on the American auto industry, believe move those jobs overseas, they lose campaigns on that issue. So the Repub- me, is over.’’ their tax breaks. Under my bill, the licans quickly flipped and said: Well, Last year, after GM announced the American Cars, American Jobs Act, we are going to protect you too. layoffs, he said: ‘‘Ohio is going to re- they lose their tax breaks, they lose Well, tomorrow is the day we have a place those jobs like in two minutes.’’ that 50-percent-off coupon, and then chance to really protect the consumers ‘‘Ohio is going to replace those jobs that money they have to pay because with preexisting conditions and to keep like in two minutes.’’ they lose their tax break goes to car the protections for consumers with pre- First of all, why would he say this consumers at the dealerships, meaning existing conditions. The problem is, stuff? Second, does he not ever follow they will buy more American cars. So they can’t do it in Congress. They can’t the news? Does his staff not tell him what will happen is it will actually do take it away because voters don’t like what has happened in the seventh larg- what Candidate Trump said he wanted it if they take away the protections so est State in the country and the State to do and promised that he would do, they do it through the Federal judici- that he in part credits for his election? and that is to bring American jobs ary. That is how they work around He lost the popular vote by 3 million back. here. votes. He won the electoral college be- This President who says: ‘‘I am the These partisan judges who are voted cause of Ohio and because of two or workers’ best friend, and I fight for out of here—maybe the worst one yet three other States. But wouldn’t he these jobs,’’ that is phony populism. Do is from Columbus, OH, named Chad know that a valley of 450,000 people, you know something? Populism is Readler. Last summer, Readler did just during the time since the election, never racist. Populism is never anti- what three career attorneys with the has lost 4,500 jobs just in that plant Semitic. Populism doesn’t divide peo- Department of Justice refused to do— alone, and another 5,000 manufacturing ple. Populism doesn’t push people down he filed a brief challenging the law pro- jobs that make the components that go to lift people up. Populism doesn’t give tecting Americans with preexisting into the Chevy Cruze, and another 5,000 tax cuts to rich people and then turn conditions. to 6,000 to 8,000 to 10,000 jobs? Nobody around and cut Medicare and Head He was the person in the Trump ad- knows for sure how many they will lose Start. Populism fights for people and ministration who was the point person in restaurants, hardware stores, and fights to lift up all workers. That is for taking away the consumer protec- car dealerships and cuts in public dol- what we are not seeing here now. tions protecting Americans against los- lars because the local governments I am calling on the President, again, ing their insurance because of a pre- have lost tax revenue so there are to try keeping his promises and actu- existing condition. fewer police and fire and street clean- ally fight for autoworkers, fight for Do you know what? After he filed ers and people who work in the cities, these communities like Lordstown, and that brief, the very next day the lights the counties, and the school districts. help us pass the Americans Cars, Amer- went on. The very next day, Chad The workers who are going to be out ican Jobs Act, end the tax cut for cor- Readler was nominated for a lifetime of a job by this week are still waiting. porations to shut down American appointment to the Sixth Circuit These people trusted him. President plants and move jobs overseas, and Court—the next day. Trump did really well in the election in take this 50-percent-off coupon away He did his work for the insurance this valley of 450,000 people. He did that some of the richest people and big- companies. He did his work for the really well. gest corporations in this country enjoy Trump White House. He did his work He did really well. He did better than when they send jobs overseas because if for the Republican majority who is Republicans ever do, but what did he you love your country, you fight for going to take away any consumer pro- do for them after he made those prom- the people who make it work. tections. What is his reward? I guess
VerDate Sep 11 2014 01:51 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.042 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE S1668 CONGRESSIONAL RECORD — SENATE March 5, 2019 you can’t say ‘‘payoff’’ because there At a time when we are taking impor- that. We know the election in Georgia were no dollars actually exchanged, tant bipartisan steps forward on sen- was stolen. We know voters were but the reward that this party—the tencing reform, how do you turn purged prior to that election by the Senate majority leader down the hall around and put someone on the bench Secretary of State, who happened to be and the President of the United for life who supports executing chil- running for Governor. States—gave the guy who wants to dren? A 16-year-old is still a teenager, I ask my colleagues, if you will not take those protections away and do the a child, in our State, in our country, listen to me, listen to those foot sol- bidding of the insurance company is a and in our society. diers in Selma, listen to the civil rights lifetime—I don’t know, $180,000, During his nomination hearing, leaders who ask you to reject these $200,000-a-year, whatever it is—Federal Readler stood by his op-ed. He refused judges. judgeship. It is for life. Mr. Readler is to disavow his support for using the I yield the floor. in his forties, so lifetime could be a death penalty on high schoolers. f very long time. As for Eric Murphy, he argued The arguments he made were unprec- against marriage equality in the land- ADJOURNMENT UNTIL 10 A.M. edented. Three career attorneys with- mark Obergefell v. Hodges case. That is TOMORROW drew from the case after Readler made why Jim Obergefell has spoken out The PRESIDING OFFICER. Under that decision. One went so far as to re- against his nomination. the previous order, the Senate stands sign in objection to the Department of He worked to restrict access to con- adjourned until 10 a.m. tomorrow. Justice’s unprecedented actions. traceptives for women, and my favor- Our Republican colleague Senator Thereupon, the Senate, at 6:52 p.m., ite, he defended Big Tobacco because adjourned until Wednesday, March 6, ALEXANDER from Tennessee called Re- those companies were doing such useful 2019, at 10 a.m. adler’s arguments as farfetched as he things for our country. As a lawyer, he had ever seen. This is a Republican defended Big Tobacco. f saying that the Trump White House’s He also defended Ohio’s voter purge. NOMINATIONS Department of Justice Chad Readler’s, Think about the anniversary we will Acting Assistant Attorney General, mark this week. This Thursday will Executive nominations received by logic was as farfetched as he had ever mark 54 years, to the day, since Bloody the Senate: seen. Sunday. INTER-AMERICAN DEVELOPMENT BANK We saw what happened with the Last weekend, my wife Connie and I ANDELIZ N. CASTILLO, OF NEW YORK, TO BE UNITED Texas decision in December, going STATES ALTERNATE EXECUTIVE DIRECTOR OF THE were in Selma and walked across the INTER-AMERICAN DEVELOPMENT BANK, VICE ELIOT along with Readler’s arguments and Selma bridge. For me, it was the fifth PEDROSA. threatening the healthcare coverage of time. I took my teenage daughters OFFICE OF PERSONNEL MANAGEMENT 20 million Americans; that is, 20 mil- once. I took my mother, who was born DALE CABANISS, OF VIRGINIA, TO BE DIRECTOR OF THE lion people because of a decision he in a small town in the South and OFFICE OF PERSONNEL MANAGEMENT FOR A TERM OF made. taught me about civil rights. My wife FOUR YEARS, VICE JEFF TIEN HAN PON. Judges are deciding the fate of Amer- and I went. We went back again this DEPARTMENT OF JUSTICE icans’ healthcare right now. Judges year to walk across the Edmund Pettus BRENT R. BUNN, OF IDAHO, TO BE UNITED STATES are. It is not their elected body. It is MARSHAL FOR THE DISTRICT OF IDAHO FOR THE TERM Bridge. OF FOUR YEARS, VICE BRIAN TODD UNDERWOOD, TERM judges who are taking away I listened to their stories. Women EXPIRED. healthcare. The elected officials failed and men were beaten, their blood was THE JUDICIARY to take it away. They tried. They tried, spilled, and their homes were broken ROBERT J. COLVILLE, OF PENNSYLVANIA, TO BE and they tried. They did it 50 times in into. Why? Because people of color UNITED STATES DISTRICT JUDGE FOR THE WESTERN the House. They tried in the Senate. DISTRICT OF PENNSYLVANIA, VICE ARTHUR J. SCHWAB, couldn’t vote in many places in this RETIRED. We defeated it by one vote. The Vice country, and Alabama was one of those President was here on behalf of the DEPARTMENT OF JUSTICE places. They were willing to suffer and, President just in case he had to break TIMOTHY J. DOWNING, OF OKLAHOMA, TO BE UNITED in some cases, die so they could have a STATES ATTORNEY FOR THE WESTERN DISTRICT OF the tie. He didn’t have to because we OKLAHOMA FOR THE TERM OF FOUR YEARS, VICE SAN- right to vote. That was only a half cen- defeated it by one vote. He didn’t get FORD C. COATS, RESIGNED. tury ago. That happened only 54 years MICHAEL BLAINE EAST, OF NORTH CAROLINA, TO BE to break the tie. UNITED STATES MARSHAL FOR THE EASTERN DISTRICT Now it is judges. Judges decide right ago. OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS, now. We can’t afford to put one of the Judges around this country, all the VICE SCOTT JEROME PARKER, RESIGNED. White House’s ringleaders in the fight way to the Supreme Court, are system- THE JUDICIARY to dismantle healthcare protections on atically dismantling those rights. STEPHANIE L. HAINES, OF PENNSYLVANIA, TO BE Without question, they are taking UNITED STATES DISTRICT JUDGE FOR THE WESTERN the bench for life. DISTRICT OF PENNSYLVANIA, VICE DAVID S. CERCONE, It is not just healthcare. It is LGBTQ away people’s right to vote by voter RETIRED. suppression. We can’t let the sacrifices JASON K. PULLIAM, OF TEXAS, TO BE UNITED STATES rights. It is women’s rights. It is voting DISTRICT JUDGE FOR THE WESTERN DISTRICT OF rights. Judges make decisions right of the foot soldiers in Selma be in vain. TEXAS, VICE SAM SPARKS, RETIRED. It is pretty despicable that a bunch MATTHEW H. SOLOMSON, OF MARYLAND, TO BE A now that eliminate and limit Ameri- JUDGE OF THE UNITED STATES COURT OF FEDERAL cans’ rights for a generation. of Members of Congress who have CLAIMS FOR A TERM OF FIFTEEN YEARS, VICE EMILY health insurance are willing to take it CLARK HEWITT, RETIRED. On these issues, the President’s DAVID AUSTIN TAPP, OF KENTUCKY, TO BE A JUDGE OF nominees for the Sixth Circuit, Chad away for millions of people. That is THE UNITED STATES COURT OF FEDERAL CLAIMS FOR A Readler and the other one, Eric Mur- pretty despicable. It is also despicable TERM OF FIFTEEN YEARS, VICE LYNN JEANNE BUSH, TERM EXPIRED. phy, have a proven record of fighting to that Members of this body are going to IN THE ARMY strip Americans of their rights. mark this anniversary by putting an- Get this. Chad Readler not only sup- other judge on the bench for life who THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS CHIEF OF CHAPLAINS, UNITED STATES ARMY, AND ported the death penalty for minors, will work to undo that legacy, who will APPOINTMENT IN THE UNITED STATES ARMY TO THE for 16-year-olds, as a private citizen, he likely be another judge ruling to send GRADE INDICATED WHILE ASSIGNED TO THAT POSITION UNDER TITLE 10, U.S.C., SECTIONS 7036 AND 7073: took it upon himself to pen an op-ed us back to those days, and who will To be major general saying he wanted to allow the execu- rubberstamp modern-day poll taxes and tion of 16-year-olds—the execution of literacy tests. They will not exactly do BRIG. GEN. THOMAS L. SOLHJEM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT 16-year-olds. Think about that. poll taxes and literacy tests, but they IN THE UNITED STATES ARMY TO THE GRADE INDICATED Apparently, he thinks it is OK for a will find plenty of ways to take voters UNDER TITLE 10, U.S.C., SECTION 624: mistake someone makes as a child to off the rolls. To be major general not only get them locked up for life but We know the Governor’s race in BRIG. GEN. TELITA CROSLAND to actually take away their life alto- Georgia was essentially stolen from the BRIG. GEN. DENNIS P. LEMASTER gether. What kind of person writes an African-American woman who was the THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT AS editorial calling for the execution of nominee because of the sitting Sec- THE DIRECTOR, ARMY NATIONAL GUARD, AND FOR AP- 16-year-olds, and we are going to put retary of State—oh, yes, who happened POINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 601 AND him on the Federal court for life? to be running for Governor. We know 10506:
VerDate Sep 11 2014 01:51 Mar 06, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 9801 E:\CR\FM\G05MR6.044 S05MRPT1 lotter on DSKBCFDHB2PROD with SENATE March 5, 2019 CONGRESSIONAL RECORD — SENATE S1669
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 To be lieutenant general IN THE NAVY RESERVE TO THE GRADE INDICATED AND 7064: UNDER TITLE 10, U.S.C., SECTION 12203: LT. GEN. DANIEL R. HOKANSON To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be rear admiral (lower half) AS VICE CHIEF OF THE NATIONAL GUARD BUREAU AND KAHTONNA C. ALLEN CAPT. PAMELA C. MILLER FOR APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SEC- IN THE AIR FORCE TO THE GRADE INDICATED IN THE RESERVE OF THE TIONS 601 AND 10505: ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general TO THE GRADE INDICATED IN THE UNITED STATES AIR To be colonel FORCE UNDER TITLE 10, U.S.C., SECTION 624: LT. GEN. TIMOTHY J. KADAVY ANGELO N. CATALANO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED LATOYA D. SMITH TO THE GRADE INDICATED IN THE UNITED STATES ARMY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE AND 7064: UNITED STATES OFFICER FOR APPOINTMENT TO THE To be lieutenant general GRADE INDICATED IN THE RESERVE OF THE AIR FORCE To be lieutenant colonel UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MAJ. GEN. LEON N. THURGOOD CHARLES J. CALAIS To be colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED LISA MARIE AHAESY TO THE GRADE INDICATED IN THE RESERVE OF THE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY UNDER TITLE 10, U.S.C., SECTION 12203: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE ARMY To be colonel To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROBERT T. EVANS MAJ. GEN. CHARLES A. FLYNN NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND IN THE NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 7064: IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be major THE FOLLOWING NAMED OFFICER FOR TEMPORARY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND APPOINTMENT TO THE GRADE INDICATED IN THE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RUBIROSA B. BAGO UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 605: TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be lieutenant commander MAJ. GEN. WALTER E. PIATT UNDER TITLE 10, U.S.C., SECTION 624: IN THE NAVY To be major EDWARD M. PRENDERGAST THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MEGHAN C. GERRITY TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE NAVY RESERVE TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be commander To be rear admiral (lower half) UNDER TITLE 10, U.S.C., SECTION 624: BRENTONE E. HELBIG CAPT. MARK E. MORITZ To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANIEL M. JANSEN TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE NAVY RESERVE TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be rear admiral (lower half) UNDER TITLE 10, U.S.C., SECTION 624: To be commander THOMAS L. HINNANT III CAPT. CHRISTOPHER A. ASSELTA To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RANDOLPH POWELL TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE NAVY RESERVE TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be rear admiral (lower half) UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant commander SANJAY SHARMA CAPT. MICHAEL T. CURRAN To be major MICHAEL J. PROKOS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f IN THE NAVY RESERVE TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE RESERVE OF THE CONFIRMATION ARMY UNDER TITLE 10, U.S.C., SECTION 12203: To be rear admiral (lower half) To be colonel Executive Nomination Confirmed by CAPT. LESLIE E. REARDANZ III DAVID L. JOHNSON the Senate March 5, 2019: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE NAVY RESERVE TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE JUDICIARY UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: ALLISON JONES RUSHING, OF NORTH CAROLINA, TO BE To be rear admiral (lower half) UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIR- To be lieutenant colonel CUIT. CAPT. KENNETH R. BLACKMON CAPT. ROBERT C. NOWAKOWSKI JAMES L. POPE f CAPT. THOMAS S. WALL THE FOLLOWING NAMED OFFICER FOR REGULAR AP- CAPT. LARRY D. WATKINS POINTMENT IN THE GRADE INDICATED IN THE UNITED WITHDRAWAL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE IN THE NAVY RESERVE TO THE GRADE INDICATED 10, U.S.C., SECTIONS 531 AND 7064: Executive Message transmitted by UNDER TITLE 10, U.S.C., SECTION 12203: To be major the President to the Senate on March To be rear admiral (lower half) ANTHONY BELLOFIGUEROA 5, 2019 withdrawing from further Sen- CAPT. SCOTT K. FULLER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ate consideration the following nomi- CAPT. MICHAEL J. STEFFEN TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: nation: IN THE NAVY RESERVE TO THE GRADE INDICATED To be major CALVIN R. TUCKER, OF PENNSYLVANIA, TO BE A GOV- UNDER TITLE 10, U.S.C., SECTION 12203: ERNOR OF THE UNITED STATES POSTAL SERVICE FOR A To be rear admiral (lower half) SEAN R. RICHARDSON TERM EXPIRING DECEMBER 8, 2023, VICE CAROLYN L. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GALLAGHER, TERM EXPIRED, WHICH WAS SENT TO THE CAPT. PAULA D. DUNN TO THE GRADE INDICATED IN THE UNITED STATES ARMY SENATE ON JANUARY 16, 2019.
VerDate Sep 11 2014 18:47 Jun 07, 2019 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 9801 E:\RECORD19\MARCH\S05MR9.REC S05MR9