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

Vol. 163 WASHINGTON, THURSDAY, JULY 20, 2017 No. 123 Senate The Senate met at 10 a.m. and was appoint the Honorable LUTHER STRANGE, a We look forward to seeing our friend called to order by the Honorable LU- Senator from the State of Alabama, to per- again soon, and we hope he will be back THER STRANGE, a Senator from the form the duties of the Chair. in the very near future. State of Alabama. ORRIN G. HATCH, President pro tempore. f f Mr. STRANGE thereupon assumed PRAYER the Chair as Acting President pro tem- HEALTHCARE The Chaplain, Dr. Barry C. Black, of- pore. Mr. MCCONNELL. Mr. President, I fered the following prayer: f Let us pray. thank the President for having our O God, our shield, look with favor RECESS SUBJECT TO THE CALL OF conference over to the White House upon us. Lord, You have told us in THE CHAIR yesterday. The President and his ad- James 4:2 that we have not because we ministration understand the American ask not. We therefore continue to ask The ACTING PRESIDENT pro tem- people are hurting under ObamaCare. You to place Your healing hand on pore. In my capacity as a Senator from They have been long engaged in the ef- the State of Alabama, I ask unanimous Senator JOHN MCCAIN. Astound us with fort to bring relief. Nobody could have Your power. consent that the Senate recess subject been more involved in this effort than Today, we also pray that You would to the call of the Chair. the President, the Vice President, and guide our lawmakers around the obsta- There being no objection, the Senate, the entire team, with numerous phone cles that hinder their progress, uniting at 10:03 a.m., recessed subject to the calls and meetings. They have been all them for the common good of this call of the Chair and reassembled at in, and I want the President and his en- great land. Lord, enable them to go 10:11 a.m. when called to order by the tire team to know how much we appre- from strength to strength, as they ful- Acting President pro tempore. ciate their deep involvement in this fill Your purposes for their lives. Striv- f and their commitment to getting an ing to please You, help them to stand outcome. for right and leave the consequences to RECOGNITION OF THE MAJORITY Dealing with this issue is what is You. LEADER right for the country. The fight to We pray in Your powerful Name. The ACTING PRESIDENT pro tem- move beyond the status quo of Amen. pore. The majority leader is recog- ObamaCare was certainly never going f nized. to be easy, but we have come a long way, and I look forward to continuing PLEDGE OF ALLEGIANCE f our work together to finally bring re- The Presiding Officer led the Pledge THOUGHTS AND PRAYERS FOR lief. of Allegiance, as follows: SENATOR MCCAIN Mr. President, I suggest the absence I pledge allegiance to the Flag of the of a quorum. United States of America, and to the Repub- Mr. MCCONNELL. Mr. President, The ACTING PRESIDENT pro tem- lic for which it stands, one nation under God, Senator MCCAIN is an American hero. indivisible, with liberty and justice for all. He is a hero to our conference. He is a pore. The clerk will call the roll. The senior assistant legislative clerk f hero to our country. Here in the Sen- ate, he is a friend to almost all of us. proceeded to call the roll. APPOINTMENT OF ACTING Mr. ENZI. Mr. President, I ask unani- PRESIDENT PRO TEMPORE Our collective prayers are with him now. We are thinking of Cindy and the mous consent that the order for the The PRESIDING OFFICER. The rest of his family as well, along with quorum call be rescinded. clerk will please read a communication his staff and the people of Arizona. The ACTING PRESIDENT pro tem- to the Senate from the President pro pore. Without objection, it is so or- Senator MCCAIN, as we all know, has tempore (Mr. HATCH). never shied away from a fight, and I as- dered. The senior assistant legislative clerk sure you he isn’t going to back down read the following letter: f now. I know the Senator from Arizona U.S. SENATE, will confront this challenge with the PRESIDENT PRO TEMPORE, same extraordinary courage that has RESERVATION OF LEADER TIME Washington, DC, July 20, 2017. To the Senate: characterized his entire life, and he The ACTING PRESIDENT pro tem- Under the provisions of rule I, paragraph 3, should know that we are all in his cor- pore. Under the previous order, the of the Standing Rules of the Senate, I hereby ner, every single one of us. leadership time is reserved.

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

S4087

.

VerDate Sep 11 2014 06:05 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.000 S20JYPT1 S4088 CONGRESSIONAL RECORD — SENATE July 20, 2017 CONCLUSION OF MORNING danger that ObamaCare posed to pri- The ACTING PRESIDENT pro tem- BUSINESS vate insurance markets. pore. The clerk will call the roll. The ACTING PRESIDENT pro tem- Insurers have already left the market The senior assistant legislative clerk pore. Morning business is closed. in droves. In Wyoming, we are down to proceeded to call the roll. one carrier. We lost the others to the Mr. MCCONNELL. Mr. President, I f economics of ObamaCare, and we will ask unanimous consent that the order EXECUTIVE SESSION be lucky to keep the one we have. I for the quorum call be rescinded. know many people in our country are The PRESIDING OFFICER (Mr. SUL- going to be in the position of having no LIVAN). Without objection, it is so or- EXECUTIVE CALENDAR insurers offering plans in their county. dered. The ACTING PRESIDENT pro tem- How could this happen? It has hap- Mr. MCCONNELL. Mr. President, yes- pore. Under the previous order, the pened because of politics being put be- terday, several of my Democratic col- Senate will proceed to executive ses- fore patients and an unwillingness to leagues spoke in opposition to the sion to resume consideration of the take on the hard task of fixing some- nomination of John Bush to serve on Bush nomination, which the clerk will thing that you have sold as the perfect the Sixth Circuit Court of Appeals. report. solution. They were particularly concerned The senior assistant legislative clerk I can tell you that healthcare isn’t a about his activities outside of the read the nomination of John Kenneth simple issue. It is incredibly complex courtroom, especially his personal blog Bush, of Kentucky, to be United States and, really, there is no one right way posts. The comments of my friend, the Circuit Judge for the Sixth Circuit. to tackle it. I was the ranking member junior Senator from Minnesota, were Mr. ENZI. Mr. President, I ask unani- of the Health, Education, Labor, and representative of their concern. mous consent to speak for a few min- Pensions Committee when ObamaCare He reminded us that he has been utes as in morning business. passed. We worked hard to find com- serving on the Judiciary Committee for The ACTING PRESIDENT pro tem- mon ground. When it became clear that 8 years. He said that by confirming pore. Without objection, it is so or- there was not a reciprocal commitment someone to the Federal bench like Mr. dered. to that from our colleagues on the Bush, who has blogged about con- HEALTHCARE other side of the aisle, we did work troversial political and policy matters, Mr. ENZI. Mr. President, my col- hard to try to stop it. the Senate would be doing something leagues and I have been on this floor Now we are finally in a position to do unprecedented. Specifically, my friend for the last 7 years talking about the so. We have a President in the White from Minnesota—in angst—said, ‘‘I problems with ObamaCare and the need House who is committed to repealing don’t think we have been here before.’’ to address them. and replacing ObamaCare with better ‘‘I don’t think we have been here be- In the early days, when ObamaCare care before more irreparable harm is fore,’’ he said. I would encourage my was still being cobbled together, we done. Republicans have been working friend to think a little harder about his talked about individuals losing their on an approach that attempts to ad- tenure on the Judiciary Committee. coverage. Promises were made that if dress both the short-term and long- Just a few years ago, the Senate con- you liked the plan you had, you could term problems caused by ObamaCare. sidered President Obama’s nomination keep it. That turned out to be a broken We have problems to solve right now. of Stephen Bough to be a Federal judge promise. We are proposing to stabilize insurance in Missouri. Mr. Bough had been quite In 2009 and 2010, we talked about pre- markets in the short term and to get an active blogger himself. His blogging miums skyrocketing. Today, we are insurance costs on a more manageable and online commentary were not sim- still talking about it. Premiums are trajectory over the longer term. We are ply confined to political satire and sar- more than 100 percent higher in Wyo- striking at the heart of ObamaCare by casm. His blogging didn’t use merely ming today than they were when the removing its mandates and taxes while flippant or intemperate language. His law was passed. Our insurer has fortu- putting Medicaid on a more sustainable blogging demonstrated a real and pal- nately been more conservative in their footing. pable animus toward conservatives and approach. So premiums didn’t spike Doing this isn’t easy. You may have Republicans in general, toward elected the way they did in other States. read a little something about the chal- Republicans in particular, and by I usually enjoy being right, but in lenges of moving a healthcare bill for- name—by name. He insulted and im- this case, I am very sad to have ward, but the alternative is to do what pugned people from his home State, watched the worst possible scenario our colleagues on the other side of the such as Senators, his Governor, the play out. Time after time, President aisle have done for 7 years and watch President of the United States, and a Obama was faced with problems in im- ObamaCare crater. We don’t think that Republican nominee for President, just plementation and in outcomes, and he is the right thing to do. We think we to name a few. would dismiss them by saying: ‘‘It just have an obligation, even if it is not an Mr. Bough’s posts were truly mean- needs more time,’’ or, as this cartoon easy vote, to salvage our insurance sys- spirited. It wasn’t just that he called shows, ‘‘it just needs a tune up.’’ tem. Republicans ‘‘knuckleheads’’—which We and the American people gave it Getting something done in Wash- he did. That was when he was feeling time and money—specifically, 7 years ington isn’t always a pretty process, especially kind. No, he said specific Re- and hundreds of billions of dollars. We but I am proud to be working with the publicans were ‘‘corrupt.’’ They had are now left trying to pick up the women and men in my conference who done ‘‘evil things’’—‘‘evil things.’’ I pieces of health insurance markets all see that there is something larger at can go on and on about his corrosive across the country. stake than themselves and who know rhetoric. You can see here that this ambulance that sitting this out means more harm He approvingly posted an article de- is ObamaCare. Behind it is its engine and, perhaps, harm that can’t be un- scribing how San Francisco was con- and other key components, and they done later. templating naming a sewage plant have completely fallen apart. That is I will keep working. I am committed after President Bush as a suitable leg- the private insurance market today. to passing the best product that we can acy for the President and posted an- The part you don’t see here is that deliver for the people of Wyoming and other one that said his Governor was there is a patient in the back of this for our whole country. I look forward highly ‘‘ignorant.’’ ambulance. This isn’t just about poli- to continuing to work together to re- His invective was not reserved to tics. This is about real people and peal ObamaCare and replace it with members of the political branches. He whether they can afford an insurance policies that will truly improve said that his State supreme court was premium that is in some cases higher healthcare in America. I hope my col- the most corrupt in the history of the than their rent or their mortgage pay- leagues will join me in this worthy en- State. I am not making this up. He is ments each month. deavor. an officer of the court, calling the su- Even before its passage, my Repub- I yield the floor. preme court the most corrupt in the lican colleagues and I talked about the I suggest the absence of a quorum. history of his State.

VerDate Sep 11 2014 04:14 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.002 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4089 For my Democratic colleagues who judicial nominee? It was President HEALTHCARE now profess to care about the judgment Obama’s judicial nominee and current Mr. President, on the issue of of judicial nominees who blog, I submit Federal District Court Judge Stephen healthcare, yesterday President Trump that impugning the integrity of the tri- Bough, who sits on the bench right now seemed intent on pushing forward the bunal that has jurisdiction over their for life, after being confirmed by the Republicans’ failing healthcare plan professional conduct and law license, votes of our Democratic colleagues. with a vote sometime early next week. as Mr. Bough did, is more than a few I hope I have at least refreshed the We have been on the topic of tweaks shy of exhibiting sound judg- memory of my friend from Minnesota healthcare for 7 months, and I am still ment. and some of my other Democratic col- not sure which version of the Repub- Mr. Bough also implied that Presi- leagues. lican plan we will be voting on. dent Bush made his Supreme Court ap- I suggest the absence of a quorum. Will it be repeal and replace? Will we pointments as some sort of quid pro The PRESIDING OFFICER. The be voting on the Senate bill that would quo. He harshly criticized sitting Su- clerk will call the roll. cause 22 million Americans to lose preme Court Justices by name, and he The legislative clerk proceeded to their coverage and that would cause claimed that the Republican nominee call the roll. costs to go up and care to go down? for President wanted only Federal Mr. SCHUMER. Mr. President, I ask Will it be with the Cruz amendment, judges who would disregard the law and unanimous consent that the order for which would annihilate the ‘‘pre- rule in favor of the ‘‘religious right’’ the quorum call be rescinded. existing condition’’ requirement, in and that he was ‘‘sucking up.’’ The PRESIDING OFFICER. Without quoting my friend Senator GRASSLEY? He made a crude comment about objection, it is so ordered. Or will it be repeal without replace, women that I will not repeat. RECOGNITION OF THE MINORITY LEADER which would cause our healthcare sys- Now, some of our Democratic col- The PRESIDING OFFICER. The tem to implode, creating chaos, which leagues have criticized John Bush be- Democratic leader is recognized. would cause millions to lose insurance cause he said that he would try hard to and millions more to have their cov- be impartial as a judge. By contrast, in THOUGHTS AND PRAYERS FOR SENATOR MCCAIN erage diminished? one of his blog posts, Stephen Bough Mr. SCHUMER. Mr. President, first, The CBO confirmed last night that flat-out said that he, himself, on a sad note but one always of hope repeal without replace would cause 32 ‘‘shouldn’t be a judge.’’ This is com- when it comes to Senator MCCAIN, his million Americans—that is about a mentary on himself. But every one of cancer diagnosis sent a shock wave 10th of the country—to lose their insur- our Democratic colleagues on the Judi- through the Senate last night. He is ance and would cause premiums to dou- ciary Committee at the time, including one of my dear friends, as he is a dear ble after 10 years. our friend from Minnesota, obviously friend to many in this body, and from It was a horrible idea in January and disagreed with his own judgment about the bottom of my heart, I wish him and was rejected, wisely, by our Republican himself. They all voted for him, which his family well. So does every Member colleagues. We were not involved. The is especially curious in hindsight, given of this Chamber. The respect that this door was closed on us on January 4. It the superior weight our Democratic man has is broad and deep, both based is a horrible idea now. colleagues now place on blog posts. on his service to America and on what So will that be the focus next week Only one Member of the Democratic he has done here in this Chamber. or will it be a new bill that has more conference voted against Mr. Bough. I agree with what the majority leader money thrown in, as some have sug- These are many of the same Demo- said earlier, in that JOHN MCCAIN is an gested—the same core bill of dev- crats, of course, who are supposedly American hero. There is no one who astating cuts to Medicaid, tax breaks aghast—aghast—at the Bush nomina- has done more to serve his country and for the wealthy and the special inter- tion. Mr. Bough is now Federal District this Chamber than Senator MCCAIN. ests, the cruel Cruz amendment, and an Court Judge Stephen Bough. There is no one who is more passionate extra $2 billion slush fund? Is that Finally, I would like to set the record in the defense of our soldiers and in our going to be the bill? straight on the subject of the slur. Mr. defense than Senator MCCAIN. We Democrats do not know what our Bush did not use the slur in a blog post, The same courage that he showed as Republican friends are planning to vote and he did not use it flippantly. In fact, a soldier he showed here. JOHN MCCAIN on next week. I will bet that many Re- he said he has never used this term and and I led a group to deal with immigra- publicans do not know yet either. What would never use it. tion reform. He had to take so many we do know is that a $200 billion slush Rather, Mr. Bush quoted by name tough positions to do what was right. fund, tacked onto a bill that would gut someone else—a prominent author who He was fearless. His word was good. He Medicaid and other services by well had used the slur. Mr. Bush quoted him was good at compromising, and he was over $1 trillion, is like putting an old to show how various authors had good at making his views known. bandaid on a bullet wound. The $200 viewed our hometown of Louisville With that bill, which passed this billion in additional funding would over time—both those who praised it body with 67 or 68 votes—a large num- only offset 17 percent of the bill’s total and those who criticized it. In short, ber of Democrats and Republicans—had cuts to coverage. It would not come Mr. Bush said that he used it to show it become law, our country’s economy anywhere close to covering the wound ‘‘the good, the bad, and the ugly.’’ would have been better, and our secu- that the Republicans are inflicting on So who was the author he quoted ver- rity would have been better because it Medicaid, on Americans in nursing batim and by name? Why, it was noted was so tough on the border. We would homes, on Americans in rural areas, on liberal Hunter Thompson. I note that have been in a better place for it had those who are suffering from opioid ad- Mr. Thompson’s use of the slur did not that bill passed. diction. It just will not work, and re- prevent liberals, including Democratic The point I want to make is not with peal without replace is even worse. All officeholders, from praising him. In regard to the bill but to MCCAIN—how of the options are horrible options for fact, not one but two Democratic Pres- we were in rooms for hours and hours, the Republican Party, but, more im- idential candidates went to his fu- day after day, and we got to see the portantly, they are horrible options for neral—George McGovern and John mettle of the man. Boy, the more you the American people. Kerry. knew him, the better he looked, and It is time to start over. It is time for The Senate has considered a judicial the better he was. our Republican colleagues to drop this nominee who did use this slur in a blog So we know that, against this new failed approach and work with Demo- posting, who actually did use the exact battle, Senator MCCAIN will fight in crats on actually improving our same slur, in fact. The judicial nomi- the only way he knows how—with healthcare system. They closed the nee was not quoting any literary or every fiber of his being. We wish him door on us on January 4 in passing published work, and this judicial nomi- well. Our prayers are for him and his something called reconciliation, which nee did not use the slur for any critical family. We hope that he joins us very basically says: We do not need the purpose. The judicial nominee used it soon because this country needs JOHN Democrats; we will do it ourselves. Let flippantly and cavalierly. Who was the MCCAIN now more than ever. them open the door now that they have

VerDate Sep 11 2014 04:14 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.003 S20JYPT1 S4090 CONGRESSIONAL RECORD — SENATE July 20, 2017 seen that that failed approach does not actually take strong action, not go to the rights of American women to make work. I outlined three specific, non- one plant. You need policies that will their own healthcare decisions and to ideological proposals yesterday that we protect millions of workers from the control their own destinies. To fully could work on together, right now, to rapacious policies of China and other participate not only in our economy stabilize the marketplaces and help countries. Making America great again but also in our democracy, women bring down premiums. I believe they requires more than 140 characters per must be recognized for their capacity would pass quickly. My Republican issue. The 338 jobs that are leaving Car- to make their own healthcare deci- friends do not seem to know what to rier today are a reminder that, when it sions, just as men are, and they must do. My suggestion is to drop these comes to actual substance and policy, have the full independence to do so, failed ideas and work with Democrats the Trump administration has done just as men do. Mr. Bush has made it on the commonsense, nonideological very little to change the game on trade clear that he fundamentally disagrees solutions that we Democrats have of- to keep jobs in the United States—an- with that principle and that he does fered. other broken promise to the American not support a woman’s constitutionally Here is one more point. I have heard worker. protected right to have a safe and legal some of my colleagues say they may Mr. President, I reiterate my re- abortion. Hiding behind a pseudonym vote for the motion to proceed next marks from yesterday on the nomina- on an online blog, Mr. Bush has gone so week because they are in favor of de- tion of John Bush to the Sixth Circuit far as to compare a woman’s right to bate. I will remind them that the rules Court of Appeals. Many of my col- make her own reproductive health de- under reconciliation only allow for 20 leagues have been down on the floor cisions to slavery, saying they are ‘‘the hours of debate to be equally divided and have expressed just how distressing two greatest tragedies in our country.’’ between the parties and 1 minute of de- and damaging this nomination will be. The fact that someone nominated for bate allowed per amendment. That is His extreme record demonstrates the bench would believe something like not debate. The idea that you would that John Bush simply does not have this is nothing short of appalling. vote on the motion to proceed in order the temperament to be an impartial Mr. Bush has also criticized essential to have a healthcare debate is absurd. Federal judge—the very least our sys- programs that women and their fami- If my colleagues want to debate tem requires. Once again, I urge my lies depend on, referring to programs healthcare, they should vote no on the colleagues to oppose his confirmation. like the Women, Infants, and Children motion to proceed and urge their lead- Thank you. Program—otherwise known as WIC— er to hold a real debate—in commit- I yield the floor. and grants to combat violence against tees, in public hearings, on the floor, The PRESIDING OFFICER. The Sen- women as ‘‘wasteful.’’ and through regular order, which is a ator from New Hampshire. I also have real concerns with Mr. process that they have spurned for 7 THOUGHTS AND PRAYERS FOR SENATOR MCCAIN Bush’s record when it comes to the months—not 10 hours for each party, Ms. HASSAN. Mr. President, I thank rights of LGBTQ Americans. Mr. Bush with 1 minute per amendment, on such our leader, Senator SCHUMER, for his has made clear that he is vehemently an important proposal. That is not a remarks. opposed to marriage equality, calling debate. It is the legislative equivalent I join with Senator SCHUMER and all it a ‘‘no-compromise’’ position. In 2011, of ‘‘Beat the Clock.’’ This is serious of our colleagues in wishing the very he criticized the State Department for business—the health and welfare of the best to our tough and resilient Amer- an announcement that led to more American people—not some game ican hero and colleague, JOHN MCCAIN. equal treatment of same-sex parents, show. Our thoughts and prayers are with him and he has even used an offensive, anti- TRADE AND OUTSOURCING and his family. We need him back here gay slur in a quote that he chose to use Mr. President, just as the adminis- as fast as he can get here. in public remarks. Mr. Bush’s deeply offensive public tration is flailing and failing on HEALTHCARE healthcare, they are failing on trade Mr. President, I also share Leader statements and his record indicate that he is an individual who is focused on and outsourcing as well. SCHUMER’s remarks and concerns about I read today that the administration the current status of the healthcare extreme partisanship and who does not has failed to secure any concessions bill as we understand it. recognize the basic equality of all from China on its dumping of excess I urge my colleagues on the other Americans. His statements and his ac- steel and aluminum in our markets, side of the aisle to vote down the mo- tions tell us that he is not committed which is killing jobs in my State and in tion to proceed so that we can have to the concept of equal justice under many others. As well, today, the Car- regular order and so that we can hear our laws. This is unacceptable for rier plant at which President-Elect from stakeholders and the American someone seeking a lifetime appoint- Trump tweeted about saving jobs just people about how changes in ment to a job that requires sound judg- laid off 300 workers in Indiana and healthcare would impact them and ment, objectivity, and, more than any- moved the positions to Mexico. It is ex- what ideas they have for us to be able thing else, an essential commitment to actly 6 months to the day since Presi- to lower costs and make sure that all fairness. I will oppose Mr. Bush’s nomination dent Trump took office. It is a shame Americans have access to truly afford- to the Sixth Circuit Court of Appeals, that we are losing these good-paying able, high-quality care. and I urge my colleagues to do the American jobs. Despite all of the Presi- Mr. President, I also rise to oppose same. dent’s tough talk on trade and his the nomination of Attorney John K. Thank you, Mr. President. Commerce Secretary’s ‘‘100 days of Bush to serve on the U.S. Court of Ap- I suggest the absence of a quorum. trade talks’’ plan, the loss of these jobs peals for the Sixth Circuit. The PRESIDING OFFICER. The shows that, in 6 months, the Trump ad- An independent and impartial judici- clerk will call the roll. ministration has been unable to actu- ary is critical to our democracy and to The legislative clerk proceeded to ally deliver results on trade, with the our march toward progress. Our Found- call the roll. exception of the first U.S. beef ship- ers established our court system to Mr. WHITEHOUSE. Mr. President, I ment to China, which was the result of serve as an independent arbiter that ask unanimous consent that the order an agreement that President Obama would protect the rights of every for the quorum call be rescinded. helped to broker before the end of his American and ensure equal justice The PRESIDING OFFICER. Without term. The Trump administration has under our laws. Unfortunately, it is objection, it is so ordered. made few inroads in reducing our trade clear that Mr. Bush lacks the impar- Mr. WHITEHOUSE. I ask unanimous deficit or in making it easier for our tiality and commitment to equal jus- consent to be allowed to speak as in companies to compete abroad. tice for every American that is needed morning business for up to 15 minutes. It is all well and good to tweet about to qualify for a lifetime appointment The PRESIDING OFFICER. Without a few hundred jobs saved at the Carrier on the Sixth Circuit Court of Appeals. objection, it is so ordered. plant, as the President-elect did last President Trump’s nomination of Mr. CLIMATE CHANGE December—and I am glad he saved Bush represents yet another attempt Mr. WHITEHOUSE. Mr. President, to them—but as President, you have to by this administration to undermine the disappointment of the American

VerDate Sep 11 2014 04:14 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.004 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4091 public, the world scientific community, small number of companies that are its larg- The findings in this report raise serious and even to corporate giants like Gold- est contributors.’’ questions about the Chamber’s credibility man Sachs and Cargill, President In response to the 2015 allegations, Sen- and its actions on tobacco and climate pol- ators Sheldon Whitehouse, Elizabeth Warren, icy, and indicate that the Chamber does not Trump recently decided to withdraw Barbara Boxer, Bernard Sanders, Sherrod accurately represent the positions, input, the United States from the Paris Brown, Jeff Merkley, Richard Blumenthal, and knowledge of its membership. Agreement. He cited as justification a and Edward Markey examined the positions I. INTRODUCTION slew of alternative facts. Some of the and actions of Chamber Board members to The United States Chamber of Commerce most egregious of these alternative determine the extent to which the Chamber’s is the largest lobbying organization in the activities on tobacco and climate change re- facts came from a National Economic country. OpenSecrets, a nonprofit, non- flect its Board members’ views and interests. Resource Associates—a group we will partisan research group that tracks the ef- The analysis focused on the 108 private-sec- fects of money and lobbying, showed that in call NERA in this speech—report that tor members of the Chamber’s Board of Di- 2015 alone, the Chamber spent roughly $85 was commissioned and promoted by a rectors, which the Chamber describes as ‘‘the million on lobbying efforts, more than twice group that calls itself the U.S. Cham- principal governing and policymaking body the amount spent by the second-highest or- ber of Commerce but fronts for the fos- of the U.S. Chamber of Commerce.... ganization (the National Association of Real- [that] determine[s] the U.S. Chamber’s pol- sil fuel industry. ‘‘U.S. Chamber of Car- tors). During the 2013–2014 election cycle, the icy positions on business issues and advise[s] bon’’ might be a better and more accu- Chamber spent $35 million on political ex- rate name for it. the U.S. Chamber on appropriate strategies to pursue.’’ The findings of this analysis— penditures (through super PACs, 501(c) orga- The U.S. Chamber of Commerce, so- based on correspondence with the Chamber’s nizations, and/or political party committees) called, is a heavy hitter in Washington. Board members and a review of publicly that were ‘‘outside’’ or independent of can- It was the second largest spender of available information on Chamber Board didates’ campaign committees. The Chamber has used its considerable re- anonymous outside money, or dark member positions on tobacco and climate sources to fight legislation and government money, in the 2016 Federal elections, change—reveal the following: The Chamber’s positions and actions on to- action on tobacco and climate change at second only to the National Rifle Asso- home and abroad. A series of 2015 New York ciation. In addition to all that political bacco and climate change are at odds with those of its Board members. Approximately Times articles exposed the Chamber’s ag- election spending, it wields the largest half of the companies on the Chamber’s gressive activities helping the tobacco indus- lobbying force on Capitol Hill. In 2015, Board of Directors have adopted anti-tobacco try to fight international antismoking laws, the chamber dropped over $100 million and pro-climate positions that contrast regulations, and policies, and described the on lobbying. sharply with the Chamber’s activities. organization’s systematic efforts to under- The U.S. Chamber of Commerce is Chamber Board member companies have ac- mine the Environmental Protection Agen- cy’s work to address climate change and car- one of climate action’s most implac- knowledged the public health harms of to- bacco and support the efforts of their em- bon pollution. able enemies, as everybody here knows, While the Chamber claims that it ‘‘reflects despite the good climate policies of so ployees to quit smoking. They have also taken public positions and actions in support the grassroots views of the entire business many companies on its board. Along of efforts to reduce carbon emissions and ad- community’’ and that it represents the ‘‘in- with Senators WARREN, SANDERS, and dress climate change. Despite the positions terests of more than three million businesses others, I examined this inconsistency of its Board members, the Chamber opposes of all sizes, sectors, and regions’’ when it between the positions of the chamber efforts in Congress and by the Administra- interacts with Congress, its positions and ac- and of its board members in our recent tion to address these issues. tions on tobacco and climate do not appear Not a single Board member explicitly sup- to reflect or communicate the positions of report, ‘‘The U.S. Chamber of Com- many of its member companies. The fol- merce: Out of Step with the American ported the Chamber’s lobbying efforts. In re- sponse to inquiries from several senators, 21 lowing analysis shows that approximately People and its Members.’’ Chamber Board members distinguished their half of the companies on the Chamber’s Mr. President. I ask unanimous con- actions from the Chamber’s on tobacco by Board of Directors have publicly taken posi- sent to have printed in the RECORD ex- describing their own positive efforts, and tions on tobacco and climate change that are cerpts from the report, ‘‘The U.S. five respondents distinguished their actions in conflict with the Chamber’s actions and Chamber of Commerce: Out of Step and positions on climate change. Five addi- positions. This calls into question the Cham- with the American People and its tional companies on the Chamber’s Board ex- ber’s allegedly transparent decision-making plicitly disagreed with the Chamber’s posi- process, and suggests that the Chamber does Members.’’ not accurately represent the positions of its There being no objection, the mate- tions on tobacco or tobacco lobbying activi- ties. For example, Chamber Board member member companies. rial was ordered to be printed in the Celgene stated that it ‘‘[does] not support to- Moreover, the Chamber’s lobbying is at RECORD, as follows: bacco use or policies that promote tobacco odds with its own public positions. The orga- nization strongly professes that it is anti-to- THE U.S. CHAMBER OF COMMERCE: OUT OF use.’’ Steward Health Care Systems elabo- bacco, saying that it ‘‘is not in the business STEP WITH THE AMERICAN PEOPLE AND ITS rated on its disagreement with the Cham- of promoting cigarette smoking at home or MEMBERS ber’s actions, saying that it ‘‘was the only company on the Chamber Board that went abroad, period.’’ It also claims to support the A Report from Senators Sheldon White- environment, saying that it ‘‘has in its pub- house, Elizabeth Warren, Barbara Boxer, on record to oppose the initiative.’’ Other re- spondents sidestepped key questions and lic documents, Hill letters and testimony, Bernard Sanders, Sherrod Brown, Jeff supported efforts to reduce greenhouse gas Merkley, Richard Blumenthal, and Edward failed to respond to questions about how they viewed the Chamber’s activities. Not emissions in the atmosphere,’’ and calling Markey for a ‘‘comprehensive climate change law.’’ (Select Climate Change Specific Excerpts) one Board member explicitly supported the Chamber’s actions on tobacco and climate. Plainly, there is a broad gap between the EXECUTIVE SUMMARY The Chamber’s decision-making process Chamber’s stated policies, its Board mem- The United States Chamber of Commerce and Board policy decisions are not trans- bers’ positions, and its actual lobbying ac- (the Chamber), the largest lobbying organi- parent. Ten Chamber Board members re- tivities. zation in the country, has used its consider- vealed, in their responses to the congres- III. THE CHAMBER’S LOBBYING ON TOBACCO AND able resources to fight legislation in Con- sional inquiries, that they had no knowledge CLIMATE ISSUES gress and Obama Administration actions on of or input into the Chamber’s lobbying ac- When the Chamber weighs in, many in tobacco and climate change at home and tivities on tobacco or climate issues. For ex- Washington, D.C., listen. The Chamber is the abroad. A series of 2015 New York Times arti- ample, Chamber Board member Edward largest lobbying organization in the country cles exposed the Chamber’s aggressive tac- Jones, Inc., indicated that the company and claims to represent the ‘‘interests of tics to help the tobacco industry fight inter- ‘‘[was] not advised of any campaigns... [and more than three million businesses of all national antismoking laws, regulations, and is] not aware of any processes’’ to develop sizes, sectors, and regions’’ when it interacts policies, and described the organization’s these campaigns. Sempra Energy reported with Congress. OpenSecrets, a nonprofit, systematic efforts to undermine the Envi- that ‘‘the issues raised in [the] letter have nonpartisan research group that tracks the ronmental Protection Agency’s work to ad- not been discussed during the short time [it effects of money and lobbying, showed that dress climate change and carbon pollution. has] been a member of the organization.’’ De- in 2015 alone, the Chamber spent roughly $85 These activities raised questions about the spite the Chamber’s description of the Board million on lobbying efforts, more than twice Chamber’s policy-making process; one ana- as its ‘‘principal governing and policy- the amount spent by the second-highest or- lyst concluded that ‘‘the Chamber is at odds making body,’’ not one Chamber Board mem- ganization (National Association of Real- with the interests of some, if not most, of its ber explicitly indicated that they were fully tors). During the 2013–2014 election cycle, the membership in three other areas: climate aware of and able to provide their input and Chamber spent $35 million on political ex- change, minimum wages and tobacco,’’ and views to the Chamber regarding its actions penditures (through super PACs, 501(c) orga- described its advocacy as ‘‘aligned with the on tobacco and climate. nizations, and/or political party committees)

VerDate Sep 11 2014 04:14 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.011 S20JYPT1 S4092 CONGRESSIONAL RECORD — SENATE July 20, 2017 that were ‘‘outside’’ or independent of can- Ryder received the EPA SmartWay Excel- seems to act at will, without broadly con- didates’ campaign committees. lence Award in 2013 and 2014 in recognition of sulting its leading members about funda- The Chamber has attacked U.S. climate its efforts to address carbon pollution and mental policy positions on which it spends policies with similar zeal. According to The emissions. millions of dollars in collected dues. New York Times, in early 2014, a group of 30 Sanofi ‘‘strives to reduce [its] environ- Some American business icons have dem- corporate lawyers, coal lobbyists, and Re- mental impact, so that [it] can contribute to onstrated leadership by disaffiliating them- publican political strategists gathered at the decreasing the effects of climate change. selves from the Chamber over fundamental Chamber’s headquarters to devise legal This includes a two-pronged approach to re- policy disagreements. Apple, Exelon, and Pa- strategies to dismantle the President’s Clean duce [its] carbon footprint and to combat cific Gas and Electric (PG&E), have left the Power Plan—before President Obama had diseases directly correlated with climate Chamber over its destructive climate poli- even introduced a draft proposal of it. The change.’’ Sanofi says that it has reduced its cies. Nike left the Board for similar reasons, Chamber has also been vocal about its oppo- carbon emissions by 60 times, cut transport and other members—Intel, Johnson & John- sition to climate action when testifying be- costs by 50 percent, and has set a goal of re- son, and Microsoft—publicly disagree with fore Congress. For instance, the Chamber has ducing its water consumption by 25 percent and distance themselves from the Chamber’s testified in opposition to the Paris Agree- between 2010 and 2020. climate position. And CVS Health withdrew ment, despite the fact that many of its 3M is a founding member of the National its membership from the Chamber last year Board member companies have pledged to Climate Coalition. In its 2015 Sustainability due to the group’s tobacco lobbying. support the goals of the Agreement. Addi- Report, 3M touted its ‘‘history of proactive Many Chamber members do good work to tionally, nearly all of Chamber campaign leadership in addressing both the challenges address the risks of tobacco and climate contributions—94%—have reportedly gone to and opportunities presented by climate change. But too many of these members climate change denier candidates. change and energy conservation.’’ quietly disapprove of the Chamber’s posi- V. FINDINGS UPS stated it was ‘‘pleased to join 12 other tions without taking action. As long as these firms at the White House on July 27, 2015, in Board members lend their tacit support to Based on the responses to the Tobacco and launching the American Business Act on Cli- an organization that spearheads systematic Climate Letters and public positions and mate Change . . . [W]e pledged first to re- efforts against policies to limit tobacco and policies of Board members, the report finds duce our carbon intensity by 20% by 2020, climate change, it is difficult to accept their that: Approximately half of the companies on from a 2007 baseline. Second, we plan for our claims that they are anti-tobacco or good on the U.S. Chamber of Commerce’s Board of alternative fuel and technology fleet, which climate. We encourage Chamber Board members to Directors have anti-tobacco and/or pro-cli- will number about 8,000 trucks by the end of stop looking the other way where there is mate positions. the year, to have driven a cumulative 1 bil- None of the respondents to the Tobacco lion miles by 2017.’’ disagreement, and defending their Chamber and Climate Letters expressed explicit sup- No Chamber Board members that re- membership as supporting free speech. This port for the Chamber’s activities, and nu- sponded to the Senate letter explicitly sup- positioning makes it appear as though merous Chamber Board members distanced ported the Chamber’s lobbying actions on they’re trying to have it both ways and dam- themselves from Chamber activities on to- climate policy. Seven respondents to the Cli- ages their credibility and efforts in support bacco or climate. mate Letter indicated that they do not agree of positive action. These companies should The Chamber’s decision-making process with every action taken by trade associa- take responsibility for the positions and ac- lacks transparency, even with respect to its tions of which they are a member, and three tions of the Chamber, and use their leverage Board members. A number of Board members companies declined to express a position. as an opportunity to shift the tenor of a pow- were unaware of key Chamber policymaking Two of the eleven companies that responded erful lobbying force away from harming pub- and lobbying decisions on tobacco and cli- to the Climate Letter (Citadel and HCSC) in- lic health and towards positions that help re- mate. dicated that they were not involved in the duce tobacco use and address the risks of cli- Chamber’s climate-related activities, and mate change. Climate Change Findings the other nine did not indicate whether they Mr. WHITEHOUSE. When President Almost half of the Chamber Board mem- were involved in the Chamber’s climate pol- bers (52 of 108, 48%) have taken public posi- Trump announced his withdrawal from icy decision-making process. the Paris Agreement, he used these al- tions supporting efforts to reduce carbon Despite the fact that nearly half of Cham- emissions and address climate change, in- ber Board members have acknowledged the ternative facts from that chamber- cluding eight of the companies that re- risk of climate change or are actively work- commissioned NERA report. Here is sponded to the Senate inquiry on Chamber ing to address the risks of climate change, what Trump said: climate policies (see Appendix V). The re- the Chamber has opposed executive action on Compliance with the terms of the Paris Ac- maining Board member companies appear to climate and lobbied heavily in support of cord and the onerous energy restrictions it have no public position on climate change as legislation undermining climate action, as- has placed on the United States could cost a public health or environmental issue. sembling a ‘‘vast network of lawyers and lob- America as much as 2.7 million lost jobs by These 52 companies that support efforts to byists ranging from state capitols to Capitol 2025. . . . This includes 440,000 fewer manu- address climate change, have undertaken Hill, aided by Republican governors and con- facturing jobs. their own initiatives to reduce carbon emis- gressional leaders,’’ to oppose President End of alternative facts quote. sions, support the EPA’s work on climate Obama’s climate change regulations. change, or have publicly committed to sup- This was another assertion: VI. CONCLUSION port of the Paris Agreement. By 2040, compliance with the commitments Indeed, many Chamber Board members are The Chamber claims that it ‘‘reflects the put into place by the previous administra- national and international leaders on this grassroots views of the entire business com- tion would cut production for the following issue. For example: munity when the organization testifies be- sectors: paper down 12 percent; cement down Allstate is a member of the Ceres Company fore Congress or regulatory agencies, dis- 23 percent; iron and steel down 38 percent; Network, a group of companies that have seminates reports or statements to the coal—and I happen to love the coal miners— agreed to improve their environmental and media, or sends comments or letters to Cap- down 86 percent; natural gas down 31 per- social performance, publicly report on their itol Hill and to policymakers.’’ It states that cent. The cost to the economy at this time sustainability practices, and continuously ‘‘everyone involved in the process must help would be close to $3 trillion in lost GDP and improve their performance and disclosure on develop positions that benefit the entire 6.5 million industrial jobs, while households sustainability issues. Allstate was also business community, rather than any given would have $7,000 less income and, in many named to the Climate Disclosure Leadership narrow interest . . . The process must be cases, much worse than that. Index (CDLI) from 2008 to 2014 for its efforts open and above board.’’ End quote of his alternative facts. to reduce its carbon footprint and trans- But this investigation fmds these claims to Countless reviewers, including parency on its climate change adaptation. be plainly untrue. Despite its claims of a rep- PolitiFact, Scientific American—that resentative policy-making process, the AT&T is one of more than 150 companies to known crazy, phony, liberal publica- have signed on to the American Business Act Chamber does not speak for many of its on Climate Pledge. AT&T has committed to Board members on two of the most pressing tion, Scientific American—CNBC, and reduce its direct greenhouse emissions by 20 public health issues of our time. The discrep- Fortune magazine, fact-checked the percent and reduce its electricity consump- ancy between how the Chamber and its President’s speech. It did not fare well. tion by 2020. Board members act on tobacco and climate PolitiFact warned us to ‘‘take these BMO Financial Group stated that it is ‘‘fo- is stark. Bloomberg columnist Barry statistics with a grain of salt.’’ An cused on reducing our environmental foot- Ritholtz contends that it is easy for the analysis of the underlying report was print, setting clear goals and consistently Chamber to ignore its numerous member done by Kenneth Gillingham, an eco- maintaining carbon neutrality across our en- companies that oppose its stance because nomics professor at Yale University. tire enterprise.’’ one third of its revenue comes from just 19 Las Vegas Sands was named to the CDP’s companies, many of them in the energy in- He pointed out that the NERA study ‘‘A list’’ in 2015 for its efforts to address and dustry. made up a hypothetical set of policy disclose corporate climate change informa- Indeed, based on the responses of Chamber actions to reach those goals. Those pol- tion. Board member companies, the Chamber icy actions may well never have been

VerDate Sep 11 2014 06:05 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.002 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4093 taken by anyone to comply with the climate science—what it dubbed ‘‘the on capturing our courts, just as they Paris Agreement, but that was what Scopes monkey trial of the 21st cen- have captured so much of Congress. they used. Second, NERA only modeled tury.’’ New Mexico-based utility PNM Judicial nominees like Mr. Bush are the cost side. Resources actually quit the chamber exactly what these special interests You have heard the phrase ‘‘cost-ben- because that idea was so preposterous. want, to make sure they can, first, efit equation.’’ They only looked at the The Washington Post identified 8 of maintain their dark money influence. costs. They didn’t ever look at the ben- the 25 companies that signed an ad in That is their most particular key. That efit side. This is phony accounting the New York Times supporting the is the mother ship off of which all the when you only look at one side of the Paris Agreement as chamber members, other special interest mischief they ledger. including GE, Microsoft, and Walt Dis- perform comes from and of course to NERA, of course, has a history of ney. The CEOs of these companies pub- see to it that these big interests are producing misleading reports for its in- licly criticized President Trump’s deci- never held accountable to the Amer- dustry sponsors. In 2015, it released a sion. ican people. That is the signal he report for the National Association of Microsoft’s Brad Smith said: sends. Manufacturers on the proposed ozone We’re disappointed with the decision to Bush has flagged that he will rule the standard, claiming it would cost as exit the Paris Agreement. Microsoft remains right way for the big special interests much as $140 billion per year. On the committed to doing our part to achieve its goals. that fund the Republican Party, and cost side, EPA estimated it would cost the special interests’ big reward is his GE’s Jeff Immelt said: a fraction of what NERA estimated, nomination and confirmation. He has less than 12 percent. The economic con- Disappointed with today’s decision on the shown that he is familiar with the rec- sulting firm Synapse analyzed the Paris Agreement. Climate change is real. In- dustry must now lead and not depend on gov- ipes when it comes time to cook the de- NAM report and found it ‘‘grossly over- cisions. states compliance costs, due to major ernment. flaws, math errors, and unfounded as- Walt Disney’s Bob Iger said: My Democratic colleagues and I re- sumptions . . . these assumptions and As a matter of principle, I’ve resigned from spect any President’s desire and pre- other flaws led NERA to overstate the President’s Council over the #Paris rogative to fill the vacancies in the ex- compliance costs by more than 700 per- Agreement withdrawal. ecutive and judicial branches. Even cent.’’ The chamber is out of step with its though I understand we will not see That is just on the cost side. Once own members on climate change, main- eye to eye with our colleagues across again, they didn’t even bother to look taining a scientifically untenable posi- the aisle on every nominee, Senate at the benefits. It is a one-side-of-the- tion as every one of our State univer- Democrats have given the President’s ledger-phony analysis. Of course, the sities knows. Who is pulling the cham- nominees a very fair shake. This is no chamber commissioned NERA to do the ber’s chain? It is hard to tell since the normal nominee. This is a freak who same thing for it on climate: overesti- chamber hides from the public who its lowers the bar on judicial nominees mate the costs and ignore the benefits. donors are, but I suspect the answer is forever. In this world of climate denial, this is the same as to why the Republicans If Mr. Bush wants to exercise his a classic maneuver. continue to revive the hated, zombie First Amendment right to spout offen- Senator TED CRUZ cited the NERA re- healthcare bill despite huge public dis- sive, ignorant, and hateful nonsense as port in his CNN op-ed urging President taste for it. some kind of nutty Breitbart blogger, Trump to pull the United States out of Mr. President, that brings me to the he is free to do so, but that is not the the Paris Agreement a day before nomination of John Bush to the U.S. measure—or has not until today been President Trump cited these stats in Court of Appeals for the Sixth Circuit. the measure of a Federal judge for the his withdrawal speech. The chamber’s rigid anti-climate U.S. Court of Appeals. CRUZ, Trump, and the chamber ig- stance is part of a fossil fuel political Mr. Bush is patently unqualified for nored more than 1,000 companies that program that holds this Chamber in a this position, well outside any version supported the United States remaining state of intimidation and inaction on of the mainstream, and his appoint- in the Paris Agreement, including sev- climate change. As Congress cowers be- ment can reasonably be predicted to eral chamber member companies. Some fore this fossil fuel political presence, bring dishonor and preordained parti- of these have publicly distanced them- we are now advancing the nomination ality to the judiciary. I regret we are selves from the chamber as a result of of a climate denier to the Federal at this point. the President’s decision. A recent bench. I yield the floor. Bloomberg news article was headlined, John Bush was not nominated be- The PRESIDING OFFICER (Mrs. cause of any track record of distin- ‘‘Paris Pullout Pits Chamber Against FISCHER). Under the previous order, all Some of Its Biggest Members.’’ guished performance or demonstrated postcloture time has expired. Citigroup said: ‘‘We have been out- commitment to public service. To the spoken in our support for the Paris contrary, his most notable achieve- The question is, Will the Senate ad- agreement and have had a dialogue ments seem to be a series of wildly of- vise and consent to the Bush nomina- with the Chamber about how its views fensive blog postings and public state- tion? and advocacy on climate policy are in- ments, denying that climate change is Mr. SASSE. Madam President, I ask consistent with Citi’s position.’’ Simi- real and mocking it, comparing a wom- for the yeas and nays. lar distancing came from Dow and an’s right to choose to the evil of slav- The PRESIDING OFFICER. Is there a Ford. ery, casually using vile slurs against sufficient second? Over the weekend, the Washington gay people. On and on goes the list. There appears to be a sufficient sec- Post ran a piece, ‘‘Is the most powerful Bush has written a number of posts ond. lobbyist in Washington’’—that is the dealing with environmental issues in The clerk will call the roll. so-called U.S. Chamber of Commerce— which he insists on placing the terms The bill clerk called the roll. ‘‘losing its grip,’’ exploring this tension ‘‘global warming’’ and ‘‘climate Mr. CORNYN. The following Senator around climate in more detail. The ar- change’’ in quotation marks, insinu- is necessarily absent: the Senator from ticle said: ‘‘[P]erhaps the most nettle- ating that they do not really exist. Tell Arizona (Mr. MCCAIN). some issue for the Chamber has been that to your home State universities. climate change.’’ It calls out the cham- With this appalling track record, why Mr. DURBIN. I announce that the ber’s claims to be neutral on the Paris was he nominated? It is not hard to fig- Senator from Michigan (Ms. STABENOW) Agreement, while actually providing ure that out. He is here because is necessarily absent. ‘‘ammunition for foes of the agree- through those offensive blog posts and The PRESIDING OFFICER. Are there ment.’’ by flagging himself as a loyal climate any other Senators in the Chamber de- The article highlights the chamber’s denier, he signals himself as a willing siring to vote? climate denial efforts, including its foot soldier of the big special interests. The result was announced—yeas 51, 2009 proposal to hold a public trial on These big special interests are intent nays 47, as follows:

VerDate Sep 11 2014 04:14 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.012 S20JYPT1 S4094 CONGRESSIONAL RECORD — SENATE July 20, 2017 [Rollcall Vote No. 164 Ex.] the ranking member, Senator CANT- ical opportunities for advanced weapons test- YEAS—51 WELL. She asked: ‘‘Do you support the ing and joint training exercises. The morato- rium on oil and gas ‘‘leasing, pre-leasing, and Alexander Fischer Paul current moratorium in relation to off- other related activities’’ ensures that these Barrasso Flake Perdue shore drilling in the Eastern Gulf of vital military readiness activities may be Blunt Gardner Portman Mexico?’’ Boozman Graham Risch conducted without interference and is crit- Burr Grassley Roberts He responded: ical to their continuation. Emerging tech- Capito Hatch Rounds I am aware that, in response to the Presi- nologies such as hypersonics, autonomous Cassidy Heller Rubio dent’s recent Executive Order on the Outer systems, and advanced sub-surface systems Cochran Hoeven Sasse Continental Shelf, Secretary Zinke issued a will require enlarged testing and training Collins Inhofe Scott Secretarial Order 3350 directing the Bureau Corker Isakson Shelby footprints, and increased DoD reliance on Cornyn Johnson Strange of Ocean Energy Management to review and the Gulf of Mexico Energy Security Act’s Cotton Kennedy Sullivan develop a new five-year plan. I support the moratorium beyond 2022. The moratorium is Crapo Lankford Thune President’s and the Secretary’s actions to essential for developing and sustaining our Cruz Lee Tillis examine new leasing opportunities within nation’s future combat capabilities. Daines McConnell Toomey the OCS in order to advance the Administra- Since signing the 1983 ‘‘Memorandum of Enzi Moran Wicker tion’s energy agenda. Ernst Murkowski Young Agreement Between the Department of De- Then Senator CANTWELL asked him: fense and the Department of the Interior on NAYS—47 ‘‘Do you support extending this mora- Mutual Concerns on the Outer Continental Baldwin Gillibrand Murray torium?’’ Shelf,’’ the two departments have worked co- Bennet Harris Nelson He responded: ‘‘I support the Presi- operatively to ensure offshore resource de- Blumenthal Hassan Peters velopment is compatible with military readi- Booker Heinrich dent’s and the Secretary’s actions Reed ness activities. During recent discussions be- Brown Heitkamp aimed at increasing offshore produc- Sanders tween the DoD and the Department of the In- Cantwell Hirono Schatz tion while balancing conservation ob- Cardin Kaine terior’s Bureau of Ocean Energy Manage- Schumer jectives.’’ Carper King Shaheen ment, a question arose concerning whether Casey Klobuchar First of all, when it comes to the Tester Congress intended the moratorium to pro- Coons Leahy Udall eastern gulf, there is no good way to hibit even geological and geophysical survey Cortez Masto Manchin Van Hollen increase offshore production while bal- activities in the eastern Gulf. We would wel- Donnelly Markey Duckworth McCaskill Warner ancing environmental concerns. The come clarification from Congress concerning Durbin Menendez Warren gulf—the eastern gulf is still recov- this matter. Feinstein Merkley Whitehouse On behalf of the Secretary, I appreciate Wyden ering from the horrific 2010 Deepwater Franken Murphy Horizon explosion, which fouled the your interest in sustaining our testing and NOT VOTING—2 gulf all the way east into most of the training activities in the eastern Gulf of Mexico. McCain Stabenow Panhandle of Florida. Secondly, as I have explained time Sincerely, The nomination was confirmed. A.M. KURTA, The PRESIDING OFFICER. The Sen- and again, it makes no sense to drill in Performing the Duties of the Under Secretary ator from Wyoming. an area that is critically important to of Defense for Personnel and Readiness. Mr. ENZI. Madam President, I ask the U.S. military and is the largest unanimous consent that the motion to testing and training area for the U.S. DEPARTMENT OF THE AIR FORCE, reconsider be considered made and laid military in the world, where we are OFFICE OF THE CHIEF OF STAFF, upon the table and the President be im- testing our most sophisticated weapons Washington, DC, June 27, 2017. mediately notified of the Senate’s ac- systems and where we are sending our Hon. BILL NELSON, tion. fighter pilots who need the open space United States Senate, Washington, DC. The PRESIDING OFFICER. Without to train. That is why they have the F– objection, it is so ordered. 22 training at Tyndall Air Force Base. DEAR SENATOR NELSON: I write this letter That is why they have training for pi- in whole-hearted support of a proposal seek- f lots on the F–35 at Eglin Air Force ing to extend the moratorium on leasing, EXECUTIVE CALENDAR Base. That is also why the Chief of preleasing, or any other related activity in Staff of the Air Force wrote in a letter any area east of the Military Mission Line in Mr. ENZI. Madam President, I ask the Gulf of Mexico. I understand this provi- unanimous consent that the Senate re- just recently, ‘‘The moratorium is es- sion is being considered for inclusion in the sume consideration of the Bernhardt sential for developing and sustaining National Defense Authorization Act for Fis- nomination. the Air Force’s future combat capabili- cal Year 2018. The PRESIDING OFFICER. Is there ties.’’ The Air Force fully supports the develop- I ask unanimous consent to have the objection? ment of our nation’s domestic energy re- two letters printed in the RECORD. Without objection, it is so ordered. sources in a manner that is compatible with There being no objection, the mate- The clerk will report the nomination. the military testing, training, and oper- rial was ordered to be printed in the ations. The complex of eastern Gulf of Mex- The senior assistant legislative clerk RECORD, as follows: ico operating areas and warning areas pro- read the nomination of David Bern- vides critical opportunities for advanced OFFICE OF THE UNDER SECRETARY hardt, of Virginia, to be Deputy Sec- weapons testing and joint training exercises. OF DEFENSE, The moratorium on oil and gas leasing, pre- retary of the Interior. Washington, DC, April 26, 2017. leasing, and other related activities ensures The PRESIDING OFFICER. The Sen- Hon. MATT GAETZ, that these vital military readiness activities ator from Florida. House of Representatives, may be conducted without interference and Mr. NELSON. Madam President, I Washington, DC. is critical to their continuation. Of course, want to discuss this nomination. DEAR REPRESENTATIVE GAETZ: Thank you we are always willing to work with the ap- I am here to add my voice to those of for your letter dated March 24, 2017, regard- ing maintaining the moratorium on oil and propriate agencies to see if there are ways to my colleagues who oppose the nomina- explore for energy without hampering air op- tion of David Bernhardt to be Deputy gas activities in the Gulf of Mexico beyond 2022. Since military readiness falls under my erations. Secretary of the Interior. There are a purview, I have been asked to respond to The moratorium is essential for developing host of reasons—from his history of your letter on behalf of the Secretary of De- and sustaining the Air Force’s future combat censoring scientists to his denial of cli- fense. The Department of Defense (DoD) can- capabilities. Although the Gulf of Mexico mate change—but I am going to limit not overstate the vital importance of main- Energy Security Act’s moratorium does not my remarks to his allegiance to the oil taining this moratorium. expire until 2022, the Air Force needs the cer- industry and, specifically, his disregard National security and energy security are tainty of the proposed extension to guar- for the importance of a moratorium on inextricably linked and the DoD fully sup- antee long-term capabilities for future tests. any drilling in the eastern Gulf of Mex- ports the development of our nation’s domes- Emerging technologies such as hypersonics, tic energy resources in a manner that is 5th generation fighters, and advanced sub- ico. compatible with military testing, training, surface systems will require enlarged testing During his confirmation process, he and operations. As mentioned in your letter, and training footprints, and increased Air gave some very troubling responses to the complex of eastern Gulf of Mexico oper- Force reliance on the moratorium far beyond questions about the moratorium from ating areas and warning areas provides crit- 2022.

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.001 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4095 Please don’t hesitate to contact me if you acreage under lease that is actually The BP oilspill was off of Louisiana, have any questions. I look forward to con- drilled. So why don’t we take advan- but the winds started carrying the oil tinuing our work with you to ensure Amer- tage of the existing leases, particularly slicks to the east. It got as far east as ica’s Air Force remains the very best. in the central gulf, which is where the Pensacola Beach, and the white, sugary Sincerely, DAVID L. GOLDFEIN, oil is? That is where all the sediments sands of Pensacola were covered in General, USAF, Chief of Staff. over millions of years came down the black oil. That was the photograph Mr. NELSON. The letters—one from Mississippi River, settled in what is that went around the world. The winds the Office of the Secretary of Defense today the gulf, into the Earth’s crust, continued to push it, and tar mats and the other from General Goldfein, compacted it, and made it into oil. came over and got onto the beach at the Chief of Staff of the Air Force— That is where the oil is. Destin. We were desperately trying to state they are needing to put a major Now, remember, also out there in the keep the oil from going into the investment of telemetry into the east- eastern gulf, this is the area that is off Choctawhatchee Bay at Destin like it ern gulf range for all of these sophisti- limits. This is the Eglin Gulf Test and had already gone into the Pensacola cated weapons systems, and they don’t Training Range. The Air Force wants Bay at Pensacola. The winds kept want this investment of the infrastruc- to extend that moratorium from 2022 pushing it to the east, and the tarballs ture with the moratorium ending in by 5 years—out to 2027—in order to pro- ended up all over the tourism beaches the year 2022. They want to extend the tect it for all of these reasons we have of Panama City. Then the winds did us moratorium for another 5 years, to been discussing. It is all of that open a favor—they reversed, and they start- 2027. That is a reasonable request by space, and we ought not give it up. ed taking it back to the west. the Department of Defense and the De- I will give you another example of So there was oil on some of the partment of the Air Force. the short memories over at the Depart- beaches, but what happened for an en- For example, a test can start way ment of the Interior. tire year of the tourist season? The down in the South, off of Key West, and After the 2010 BP oilspill, it became tourists did not come to the gulf beach- a cruise missile could go all the way, clear that the relationship between es, not only in Northwest Florida but 300 miles, because of the size of this regulators and the oil industry was a all down the peninsula, all the way test range, and then it could have a problem so the Minerals Management down to Marco Island, and they lost an land impact on Eglin Air Force Base. Service was divided into two separate entire tourist season. That is why peo- That is part of our testing regime. agencies in the Department of the Inte- ple are so upset about any messing One could ask, Why couldn’t the rior—the Bureau of Ocean Energy Man- around. cruise missile weave around oil rig ac- agement, which regulates lease sales, This Senator brings this to us as I tivities? Well, look at the new minia- and the Bureau of Safety and Environ- have spoken of what has happened and ture cruise missiles that are out there. mental Enforcement, which is supposed have stood up for over the last four It is not one, but a swarm, which takes to ensure that safety standards are fol- decades in order to fight to prevent up a big footprint that we are testing. lowed. Less than a decade later, people those kinds of spills from happening This is just one example of a weapons seem to have forgotten all of that, and again off the coast of the State of Flor- system that needs a lot of open space. they want to put the two back together ida. This is a national asset. We don’t want again. It is another example of what is Yet now we have, right here, an issue to give it up. That is why the top brass going on. Not only that, but the admin- in front of us, something that could in the Pentagon is asking that we ex- istration is trying to roll back the safe- threaten the Department of Defense’s tend this moratorium so that those ex- ty rules, like the well control rule that mission for being ready to protect this pensive investments in telemetry can was finalized in November of last year. Nation. In that case, my recommenda- be made. This long-overdue rule seeks to prevent tion to the Senate is not to vote for We should not put someone in charge what went so tragically wrong on the this nomination for Deputy Secretary at the Department of the Interior if he Deepwater Horizon rig from ever hap- of the Interior because of his history has an open objection to what is obvi- pening again. and because of how he responded to ously needed for national security and Every day, it seems like the adminis- Senator CANTWELL in the committee. if he has demonstrated a history of sid- tration is coming up with a new way to I yield the floor. ing just with special interests. It would put the gulf at risk and Florida’s coast- I suggest the absence of a quorum. The PRESIDING OFFICER (Mrs. be a bad decision when it comes to the line and tourism-driven economy at risk. It is now putting at risk the na- ERNST). The clerk will call the roll. national security of this country. The senior assistant legislative clerk I am going to oppose the nomination, tional security of the country by mess- ing up the largest testing and training proceeded to call the roll. but that is just one reason, one item, Ms. CANTWELL. Madam President, I range for the U.S. military and the on an ever-growing list of concerns ask unanimous consent that the order world. It is utilized by all branches of that this Senator has with the Depart- for the quorum call be rescinded. ment of the Interior these days. service. As a matter of fact, when they The PRESIDING OFFICER. Without On June 29, Secretary Zinke an- stopped the Atlantic fleet of the Navy objection, it is so ordered. nounced that the Department was from doing all of its training off of Ms. CANTWELL. What is the pending seeking public comment on a new 5- Puerto Rico on the Island of Vieques, business? year plan for offshore oil and gas leas- all of that training came to the gulf. The PRESIDING OFFICER. The ing. In case anyone has forgotten, the The Navy squadrons come down for 2 Bernhardt nomination is pending. current 5-year plan was just finalized 6 weeks at a time to the Naval Air Sta- Ms. CANTWELL. I thank the Chair. months ago and is supposed to run tion Key West, with the airport actu- Madam President, I rise today to through 2022. Why would the Depart- ally being on Boca Chica Key, and speak about the Bernhardt nomination ment spend more taxpayer money to go when they lift off on the runway, with- to be Deputy Secretary of the Interior. through the whole process all over in 2 minutes, those F/A–18s are over re- The Deputy Secretary plays an im- again? The only reason this Senator stricted airspace so they do not have to portant role in forming and carrying can see is that the oil industry wants spend a lot of time and fuel in getting out the administration’s policy on a more acreage. They are going after the to their training area. broad range of issues. These issues in- eastern Gulf of Mexico, despite the fact I have heard from business owners, clude our Nation’s public lands, our na- that the Department of Defense is ask- and I have heard from residents across tional parks, our national wildlife ref- ing for exactly the opposite. the entire State of Florida. They do uges, our water resources, mineral and By the way, they ought to take from not want drilling in the eastern gulf. energy development on public lands the very productive sections of the They have seen what can happen when and Federal waters, carrying out our Gulf of Mexico off of Louisiana. There the inevitable spill happens. We lose an trust responsibilities to our Tribal na- are acres and acres under lease, but of entire season of tourism, and all of tions, and working with our territories all those acres under lease, how many that revenue goes away, along with and Freely Associated States. are actually drilled and/or in produc- that loss. The Deputy Secretary also performs tion? It is a small percentage of the Why do they know that? very important functions as it relates

VerDate Sep 11 2014 06:05 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.004 S20JYPT1 S4096 CONGRESSIONAL RECORD — SENATE July 20, 2017 to the Secretary or in the Secretary’s told us he tried to help change that invoices to Westlands for lobbying absence. In virtually all matters, the failure of culture within the agency. charges with itemized expenses. Docu- Deputy Secretary has the authority of The Inspector General also testified ments show he was engaged in regular the Secretary. That is why I look at that ‘‘ethics failures on the part of sen- contact with congressional offices and this position with such an important ior department officials—taking the working on legislation and efforts to critique, because we know in past posi- form of appearances of impropriety, fa- inform administration policy at the tions there have been conflicts, and we voritism and bias—have been routinely same time he was serving on the know we have important policies to dismissed with a promise ‘not to do it Trump transition team. discuss, and we need to make sure we again.’ ’’ Even the appearance that Mr. Bern- have no conflicts of interest. While Mr. Bernhardt has given testi- hardt was still lobbying on behalf of I have made no secret that I have mony about the fact that he tried to clients that do business with the De- concerns about this nomination. Mr. help change and get away from that partment of the Interior at the same Bernhardt is no stranger to this body culture, I still have concerns that his time he wants to help lead it validates and he is no stranger to the Depart- private sector client base poses a sig- some of the concerns we have been ex- ment of the Interior. He held a number nificant problem. The nominee’s exten- pressing. of senior political positions in the De- sive client base in the area, which falls I remain concerned about his record partment during the Bush administra- under the jurisdiction of the Depart- on behalf of these corporations at the tion beginning in 2006. ment of the Interior, creates at least expense of the environment and his After leaving the Department in 2009, an inherent appearance of conflict. He tenure at the Department of the Inte- he returned to a successful private and his clients have lobbied exten- rior and many other challenges. The practice. For 8 years, he has rep- sively on such matters as the Cadiz Department’s responsibilities and ju- resented a wide range of clients, in- pipeline in California, opening up the risdictions are just too vast. They are cluding oil and gas companies, mining Arctic National Wildlife Refuge to oil too important to the American people companies, and water supply interests exploration, and weakening the Endan- to just green-light someone who I be- in California, just to name a few. If he gered Species Act. He has advocated in lieve will be very challenged in doing is confirmed, he will oversee the same favor of expanding offshore drilling and this job. So I urge my colleagues to op- companies at the Department of the In- lifting the moratorium in the Gulf pose this nomination. Just today, a complaint was filed terior; that is, he will be making deci- after the Deepwater Horizon disaster. with a U.S. Attorney about this nomi- sions on the same things that he lob- He also represented Westlands Water nee’s alleged lobbying activities based bied for at the agency, and now he will District, the Nation’s largest irrigation on new records available pursuant to be on the other side of the table and be district, as a registered lobbyist. His California public records law. I want able, after a short period of time, to law firm represented Westlands in four answers from the nominee. We are make decisions in those areas. different lawsuits against the Depart- So, as I said at his confirmation going to continue to ask questions. ment of the Interior. In the meantime, I ask my colleagues hearing—I’m not suggesting that just In November 2016, he joined the to oppose this nomination. Make sure working for the private sector disquali- Trump transition team, and Mr. Bern- we get the answers we need before the fies someone, but when you have a wide hardt deregistered as a lobbyist for nomination of David Bernhardt can range of issues that you have worked Westlands yet continued to work for continue. on in the private sector and now you them in some capacity. I thank the Presiding Officer. are going to be on the other side of the As the ranking member of the En- I yield the floor. table, it brings up concerns. ergy and Natural Resources Com- Madam President, I suggest the ab- The President of the United States mittee, I raised concerns about these sence of a quorum. traveled the country when he was cam- issues with the nominee during his con- The PRESIDING OFFICER. The paigning and said he wanted to drain firmation hearing. He has submitted clerk will call the roll. the swamp from special interests, and required financial disclosure and ethics The legislative clerk proceeded to he has repeated that many times over forms, but there are specific questions call the roll. the last few years. But with Mr. Bern- we want to make sure are addressed. Mr. GARDNER. Madam President, I hardt’s nomination, I am afraid he is He has declined to comment on ask unanimous consent that the order not draining the swamp, he is actually recusing himself beyond just the 1-year for the quorum call be rescinded. helping to fill it. minimum that is required by the ethics The PRESIDING OFFICER. Without The nominee’s private sector experi- rules. I know Mr. Bernhardt says he objection, it is so ordered. ence as a registered lobbyist for com- will comply with whatever the organi- Mr. GARDNER. Madam President, it panies whose main public policy fo- zation and agency requires, but we is my honor to come to the Senate cuses are in the Department of Interior don’t have the time, given the long list floor today to talk in support of a fel- creates an appearance of a conflict of of conflicts of interest and given that low Coloradan’s nomination to be the interest. Also, the nominee wants to past case representation, to constantly Deputy Secretary of the Department of lead the Department that he sued four know every issue and every meeting the Interior—David Bernhardt. I am times. and every oversight to make sure that very excited about his nomination, It is true that Mr. Bernhardt has con- undue influence is not being pressured strongly support his nomination, and siderable experience. We saw another at the Department of Interior. believe that my fellow Coloradan will nominee come to this same post in a The President of the United States, do an absolutely incredible job for Col- past administration on the same basis. who nominated Mr. Bernhardt, told the orado and for the rest of this country People thought he had a lot of experi- Times just yesterday in a conversation at the Department of the Interior. ence in a lot of these cases, but he ob- about the Attorney General: ‘‘If he was I had the great honor just a month or viously didn’t follow the law and ended going to recuse himself, he should have more ago of welcoming David to the up going to jail because of his over- told me before he took the job and I committee and welcoming his beautiful reaching within the agency and organi- would have picked someone else.’’ Well, family there with him that day. I re- zation. I hope that is not the issue here. I hope minded his oldest son Will about the So these are very important public the agency isn’t running fast toward connection that my family and our old- policy issues, public lands issues—in- somebody who just won’t recuse them- est child will always have with Will, terests that the American people need selves in hopes that they will get some- because when my wife Jaime was work- to make sure are aboveboard and no one who will do the bidding of these in- ing at the Department of the Interior, conflicts of interest. terests and not take into consideration our oldest daughter Alyson spent some Mr. Bernhardt served in the highest the complexity, the legal structure, time at daycare with David Bern- levels of the Department of the Inte- and the challenges that dealing with hardt’s son Will, as well. It was the rior at a time when the inspector gen- these issues takes. same daycare and the same work eral called it ‘‘a culture of ethical fail- In fact, as late as March of this year, Jaime and David did at the Depart- ure.’’ I know that at the hearing he Mr. Bernhardt’s firm was submitting ment of the Interior, working together

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.014 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4097 all those years. But there is more than CO, located on Colorado’s Western I think it is important to point out that. There are more connections I will Slope. If you have driven through the the Hayes-Schneider standard that was share, between David Bernhardt and Eisenhower Tunnel, the Veterans Me- established for the Department of the me, and one of the many reasons why I morial Tunnels, or if you go to Grand Interior. support him. Junction, CO, you will have been right David Hayes, nominated for Deputy I have known him personally and by and through Rifle, CO. Secretary in the Obama administra- professionally for nearly two decades. Few places more fully embody the tion, was confirmed by the Senate. He We both grew up in rural Colorado. I spirit and mission of the agency he has had previously served in the Clinton am from the Eastern Plains of Colo- been nominated to lead as Deputy Sec- administration, and then he served in rado, and Mr. Bernhardt is from the retary. Growing up in rural Colorado the Obama administration. In between Western Slope. I am from the flatlands, instilled in David strong western val- that time, he had a private law prac- and he is from the mountains. We share ues and interests, and, to this day, Mr. tice. a lot of common interests in rural de- Bernhardt enjoys hunting, recreation, Janice Schneider, nominated for As- velopment and saving small towns. the outdoors, and fishing. sistant Secretary under President We both began our public service 1 Rifle is located in Garfield County, Obama, served in the Clinton adminis- year apart, interning in the Colorado an area where about 60 percent of the tration but in between served in a pri- State Legislature for a member of the lands are Federal public lands. Think vate law practice. What we see is an- Colorado State Legislature named Rus- about the work he is about to take on other nominee who is a dedicated pub- sell George, who would go on, eventu- upon confirmation: 60 percent of his lic servant, has gained experience in ally, to become the Colorado speaker of home county is public lands. the private sector, and is willing to the house. Rifle was founded as a ranching com- come back to public service to give I will never forget when I began. It munity along the Colorado River, and was in the second term of then-State back to our great country. it retains that heritage today, along Mr. Bernhardt’s integrity and ability Representative Russell George. I with tremendous opportunities for worked for him on Tuesdays and are two of his strongest qualities for world-class outdoor recreation, includ- his nomination. Public service requires Thursdays in an internship through ing fishing, hiking, skiing, rafting, and Colorado State University. He said: certain sacrifices. I certainly appre- rock climbing. It also sits at the very ciate Mr. Bernhardt’s and his family’s You should reach out and meet last edge of the Piceance Basin, an area in year’s intern because I think he could acceptance of the nomination that will Colorado which has vast amounts of be considered by this body today. help you figure out the ropes around natural gas. I hope the Senate process has not be- here and what you should know about David grew up in the oil shale boom come a broken process, which the internship. He gave me the phone and bust and has said that the boom- disincentivizes qualified people—like number for David Bernhardt. So I fol- and-bust cycle in Western Colorado has Mr. Bernhardt, who is held in high pro- lowed in the footsteps of David Bern- made him more sensitive to the poten- fessional regard—from serving and hardt at the capitol, and I am excited tial benefits and the potential im- from returning to public service. That to see the work that he continues to pacts—both environmental and social— is why I hope his nomination today re- do. of resources development. As I mentioned, Mr. Bernhardt In the 1980s, his hometown of Rifle ceives strong bipartisan support. worked with my wife Jaime at the De- was hit hard by the State’s oil shale As the Senate takes up the vote on partment of the Interior, and, at one crash, and he personally experienced this nomination, I urge my colleagues point, their offices were just around some of the hard times the Nation’s to hold this nominee to the same prac- the corner from one another. His per- rural communities often face. Much tice, the same process to which we hold sonal background and public and pri- like the Department of the Interior all nominees who are under consider- vate sector professional experiences itself, Rifle is a community that is a ation before the U.S. Senate. prove that he is a strong voice for the product of its public lands and the There are a number of individuals West and extremely well-qualified for western heritage around it. It is cen- and organizations that support David the nomination to be Deputy Sec- trally located, just a few miles away Bernhardt. The Southern Ute Indian retary. He has extensive insight on from the iconic Grand Mesa, the Tribe in Colorado has written a letter western water policy, natural resource world’s largest flat top mountain. The of support for his nomination; the Col- policy, and Indian affairs, just to name flat top’s wilderness and the Roan Pla- orado Water Congress, a very impor- a few. Those who have worked with Mr. teau represent a home base among tant organization made up of environ- Bernhardt commend him for his integ- mentalists and water users and munici- rity and wealth of knowledge on the these public lands, with virtually un- matched access to world-class outdoor palities, supports David Bernhardt’s issues under the jurisdiction of the De- nomination; the Colorado River Dis- partment of the Interior. experiences, which is why Mr. Bern- hardt has such a passion for these trict supports David Bernhardt’s nomi- In 2008, after the Department reached nation. the largest Indian water rights settle- issues. Why are these important? Because ment in the Nation’s history, Sec- His background and outlook on pub- these are people who have worked with retary Kempthorne personally ac- lic lands and water issues assisted him him throughout his career, from the knowledged Mr. Bernhardt’s work as in his prior service at the Department time he was an intern for Russell then-Solicitor and stated: ‘‘His effec- of the Interior, including in the Solici- George in the State legislature to the tive coordination—both within Interior tor’s role. Mr. Bernhardt’s confirma- time that he worked with Scott as well as with the local, tribal, state tion as Solicitor was confirmed by McInnis, to the time he worked at a and congressional leaders—was essen- voice vote by the U.S. Senate in 2006. law firm, to the time he worked at the tial to the success we celebrate today.’’ By voice vote, he was approved the last The country will indeed benefit from time he served at the Department of Department of the Interior, all the way having Mr. Bernhardt serve as Deputy the Interior. up until today. Secretary, a position that is the second There have been other nominees—I The National Congress of American ranking official within the Department think this has been a subject of debate Indians supports David Bernhardt as and has statutory responsibilities as on his nomination—considered by the Deputy Secretary of the Interior; the chief operating officer. Energy Committee and by this body Ducks Unlimited applauds the nomina- Along with Mr. Bernhardt’s profes- who practiced private law from the tion of David Bernhardt as Deputy Sec- sional career, I believe it is important time between their public service ap- retary of the Interior; the Boone and to fully understand his background and pointments at the Department of the Crockett Club supports David Bern- the foundation of his interest in public Interior and the time they would come hardt’s nomination to be Deputy Sec- lands, which further qualifies him for back to the administration. Mr. Bern- retary of the Interior. The list goes on this very important role. hardt has taken the same steps these and on. Mr. Bernhardt is originally from the nominees did in order for his nomina- Here is a letter from a wide variety outskirts of the small town of Rifle, tion to move forward today. of organizations: the International

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.015 S20JYPT1 S4098 CONGRESSIONAL RECORD — SENATE July 20, 2017 Snowmobile Manufacturers Associa- [Rollcall Vote No. 165 Ex.] months of the Obama administration, tion, the Recreational Vehicle Indus- YEAS—56 the Senate confirmed 69 percent of his try, environmental organizations that Alexander Fischer Murkowski nominations. Today marks 6 months have done great work in conservation, Barrasso Flake Paul since President Trump took the oath of the National Shooting Sports Founda- Bennet Gardner Perdue office, and the Senate has been able to Blunt Graham tion. These are groups, organizations— Portman Boozman Grassley Risch confirm only 23 percent of his nomina- not partisan efforts, but organizations Burr Hatch Roberts tions. that rely on Democrats and Repub- Capito Heinrich Rounds I ask my Democratic colleagues: If 69 Cassidy Heitkamp Rubio licans. Cochran Heller percent is too low, what do you call a Schatz The Indian Nation supports David Collins Hoeven confirmation pace that is two-thirds Scott Bernhardt’s nomination. These are Re- Corker Inhofe Shelby lower? Cornyn Isakson publicans, Democrats, and Independ- Strange Democrats do not have the votes to ents across the country who believe Cotton Johnson Crapo Kennedy Sullivan defeat nominees outright. That is why David Bernhardt would do an incred- Cruz King Thune the centerpiece of their obstruction ible job at the Department of the Inte- Daines Lankford Tillis campaign is a strategy to make con- rior. Donnelly Lee Toomey firming President Trump’s nominees as Here is a letter of support for David Enzi Manchin Wicker Ernst McConnell Young difficult and time-consuming as pos- Bernhardt from the chief of the Penob- sible. NAYS—39 scot Nation. The National Cattlemen’s Here is how they do it. The Senate is Beef Association supports the nomina- Baldwin Franken Nelson designed for deliberation as well as for Blumenthal Gillibrand Peters tion of David Bernhardt. The list goes Booker Harris Reed action. As a result, the Senate must on and on. Brown Hassan Sanders end debate on a nomination before it To my colleagues today, from those Cantwell Hirono Schumer can confirm that nomination. Doing so who know him best, I ask support for Cardin Kaine Shaheen Carper Klobuchar Tester informally is fast. Doing it formally is David Bernhardt, Deputy Secretary of Casey Markey Udall slow. the Department of the Interior, and Coons McCaskill Van Hollen In the past, the majority and minor- stress the importance of a strong bipar- Cortez Masto Menendez Warner ity informally agreed on the necessity tisan vote today to show support for Duckworth Merkley Warren Durbin Murphy Whitehouse or length of any debate on a nomina- our western States that have so much Feinstein Murray Wyden tion, as well as when a confirmation need at the Department of the Interior. NOT VOTING—5 vote would occur. The first step in the The work needs to be done so that we Leahy Moran Stabenow Democrats’ obstruction campaign, can start once again getting to the McCain Sasse therefore, is to refuse any cooperation work of the people. on scheduling debates and votes on I yield the floor. The PRESIDING OFFICER. On this vote, the yeas are 56, the nays are 39. nominations. The only option is to use CLOTURE MOTION the formal process of ending debate by The PRESIDING OFFICER. Pursuant The motion is agreed to. The Senator from Utah. invoking cloture under Senate rule to rule XXII, the Chair lays before the Mr HATCH. Mr. President, is it ap- XXII. A motion to end debate is filed, Senate the pending cloture motion, propriate to make a speech at this but the vote on that motion cannot which the clerk will state. occur for 2 calendar days. If cloture is The legislative clerk read as follows: time? The PRESIDING OFFICER. It is. invoked, there can then be up to 30 CLOTURE MOTION Mr. HATCH. Thank you, Mr. Presi- hours of debate before a confirmation We, the undersigned Senators, in accord- dent. vote can occur. ance with the provisions of rule XXII of the President Ronald Reagan used to say The Democrats’ obstruction play- Standing Rules of the Senate, do hereby book calls for stretching this process move to bring to a close debate on the nomi- that people are policy. Attacking a new nation of David Bernhardt, of Virginia, to be President’s policies, therefore, often out as long as possible. While informal Deputy Secretary of the Interior. includes undermining his or her ability cooperation can take a couple of hours, Mitch McConnell, Roger F. Wicker, John to appoint men and women to lead his the formal cloture process can take up Thune, Tim Scott, John Hoeven, Pat or her administration. to several days. Roberts, Orrin G. Hatch, Tom Cotton, The Constitution gives to the Presi- The late Senator Daniel Patrick John Barrasso, Thom Tillis, Michael B. dent the power to appoint executive Moynihan once said that you are enti- Enzi, John Boozman, James M. Inhofe, branch officials. The Senate has the tled to your opinion, but not to your John Cornyn, James Lankford, Mike own set of facts. I would state, then, to Rounds, Cory Gardner. power of advice and consent as a check on that appointment power. let the confirmation facts do the talk- The PRESIDING OFFICER. By unan- In the early months of the Obama ad- ing. imous consent, the mandatory quorum ministration, Senate Democrats were President Trump and his three prede- call has been waived. clear about how we should carry out cessors were each elected with the Sen- The question is, Is it the sense of the our role in the appointment process. ate controlled by his own political Senate that debate on the nomination Less than 2 weeks after President party. This is another illustration of David Bernhardt, of Virginia, to be Obama took office, the Judiciary Com- right here. At this point in the Clinton Deputy Secretary of the Interior, shall mittee chairman said he wished that and George W. Bush administrations, be brought to a close? the Senate had taken no cloture The yeas and nays are mandatory the Senate could have put the new Jus- votes—nothing, none whatsoever—as under the rule. tice Department leadership in place The clerk will call the roll. even more quickly. Just 3 months into you can see, on nominations. We took The bill clerk called the roll. President Obama’s first term, the just four nomination cloture votes at Mr. CORNYN. The following Senators chairman argued that, ‘‘at the begin- this point during the Obama adminis- are necessarily absent: the Senator ning of a presidential term, it makes tration. So far in the Trump adminis- from Arizona (Mr. MCCAIN), the Sen- sense to have the President’s nominees tration, the Senate has taken 33 clo- ator from Kansas (Mr. MORAN), and the in place earlier, rather than engage in ture votes on nominations. Think Senator from Nebraska (Mr. SASSE). needless delay.’’ about that. If that isn’t obstruction, I Mr. DURBIN. I announce that the Well, actions speak much louder than don’t know what is. It is not even Senator from Vermont (Mr. LEAHY) and words. With a Republican in the White close. the Senator from Michigan (Ms. STABE- House, Senate Democrats have turned There is one very important dif- NOW) are necessarily absent. our role of advice and consent into the ference between cloture votes taken in The PRESIDING OFFICER (Mr. most aggressive obstruction campaign the beginning of the Clinton, Bush, or PERDUE). Are there any other Senators in history. Obama administrations and those in the Chamber desiring to vote? This chart is an illustration. taken this year. In November 2013, The yeas and nays resulted—yeas 56, Democrats complained about ob- Democrats effectively abolished nomi- nays 39, as follows: struction when, during the first 6 nation filibusters by lowering the vote

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.016 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4099 necessary to end debate from a super- crawl—at least in part to object to the lack past and it isn’t necessary to do so for the majority of 60 to a simple majority. It of open hearings on health-care legislation, current legislation. now takes no more votes to end debate Democratic leaders say. Unlike the political fights earlier in the More than 30 nominees are sitting on the year over some of Mr. Trump’s cabinet picks than it does to confirm a nomination. sidelines while they await a final Senate and his Supreme Court nomination of Neil In other words, the Senate did not take confirmation vote. Those include several Gorsuch, the current nominees at the head of cloture votes during previous adminis- picks for the Justice and Treasury depart- the queue aren’t high-profile, and some have trations, even though doing so could ments, as well as new commissioners for a bipartisan support. have prevented confirmation. federal energy regulator that has been un- Those awaiting Senate floor action include Today, Democrats are forcing the able to conduct official business because of Makan Delrahim, in line to lead the Justice Senate to take dozens of cloture votes its vacancies. Department’s antitrust division. Mr. If the currept pattern holds, many of these Delrahim, a deputy White House counsel who even though doing so cannot prevent people may not be confirmed for their jobs confirmation. At least half of these served as a government antitrust lawyer in before the Senate takes a break in mid-Au- the George W. Bush administration, was ap- useless cloture votes taken so far gust. Senate Minority Leader Chuck Schu- proved by the Senate Judiciary Committee would have passed even under the high- mer (D., N.Y.) in most circumstances has five weeks ago on a 19–1 vote. er 60-vote threshold. been invoking Senate procedures to require Among its current pending matters, the Earlier this week, 88 Senators, in- up to 30 hours of debate per nominee, an antitrust division is deep into its review of cluding 41 Democrats, voted to end de- amount of Senate floor time that means law- AT&T Inc.’s proposed $85 billion deal to ac- bate on President Trump’s nominee to makers can’t confirm more than a handful of quire Time Warner Inc., a transaction an- nominees each week. nounced in October. be Deputy Secretary of Defense. We The minority party often waives a require- have seen tallies of 67, 81, 89, and even Also pending are two picks for Republican ment for lengthy debate, but Democrats are seats on the Federal Energy Regulatory 92 votes for ending debate. Meanwhile, generally declining to do so. In response to Commission, which usually has five members these needless delays are creating crit- GOP complaints, they cite what they call but currently has just one. Since February, ical gaps in the executive branch. Republican obstructionism under President the commission has lacked a quorum to con- A clear example is the nomination of Barack Obama, including Republicans’ re- duct official business such as approving en- Makan Delrahim, a former Senate fusal to hold a hearing or vote on Mr. ergy infrastructure projects. The nominees, Obama’s Supreme Court nominee, Merrick Neil Chatterjee, a McConnell aide, and Rob- staffer whom everybody on both sides Garland. ert Powelson, each were approved on a 20–3 knows, is a wonderful guy, and who ev- In the current environment, even non- erybody knows is honest. But this clear controversial nominees can take up several vote by the Senate Energy and Natural Re- days of Senate time. For example, the Sen- sources Committee last month. example is the nomination of Delrahim Mr. Trump may have made a tactical ate spent much of the first part of the week to head the Antitrust Division at the misstep by not moving to fill an open Demo- Department of Justice. Antitrust en- considering the nomination of David Nye to be a federal judge in Idaho. Mr. Nye was cratic FERC seat at the same time he an- forcement is a critical element of na- originally nominated by Mr. Obama and Mr. nounced the GOP nominees in May. For gov- tional economic policy. It protects con- Trump renominated him after taking office. ernment commissions made up of members sumers and businesses alike, and, with- Senators took a procedural vote Monday from both parties, presidents usually look to out filling these important posts, un- on Mr. Nye, but he wasn’t confirmed until pair Democratic and Republican nominees, certainty in the market reigns. This is Wednesday afternoon, on a 100–0 vote. which gives both sides an incentive to move forward with the nominations. Mr. Trump in a particular problem at a time of com- Raw feelings on both sides of the aisle erupted this week. Republicans accused late June announced his intention to nomi- mon and massive mergers and acquisi- Democrats of unprecedented obstruction, nate Richard Glick, a Democratic Senate tions. Yet Mr. Delrahim, like dozens of saying it would take the Senate more than staffer, for an open FERC seat, but he hasn’t others, has been caught in the mael- 11 years at the current pace before Mr. done so yet. strom of delays. Mr. Delrahim was ap- Trump could fully staff a government. Other pending nominees include Boeing ex- pointed out of the Judiciary Com- White House legislative affairs director ecutive Patrick Shanahan to be deputy sec- mittee on a 19-to-1 vote. Everybody Marc Short, in a press briefing Monday, ac- retary of defense, the No. 2 slot at the Pen- there knows how good he is, how de- cused Mr. Schumer of being an irresponsible tagon, and Kevin Hassett to be the chairman champion of the ‘‘resist’’ movement. Senate of the Council of Economic Advisers. cent he is, how honorable he is, and Majority Leader Mitch McConnell (R., Ky.) Dozens of other nominees have been work- how bipartisan he has been. He is su- cited the issue as a top reason for his deci- ing their way through Senate committees premely qualified and enjoyed broad sion to push back the Senate’s planned Au- and could be in line for full Senate consider- support throughout the Senate as a gust recess by two weeks. ation in the coming weeks. Those include whole. Yet his nomination, like so On the Senate floor Wednesday, Mr. Christopher Wray for FBI director as well as many others, languishes on the floor McConnell said Democrats were ‘‘bound and two nominees for the Nuclear Regulatory because of Democratic obstruction. In- determined to impede the president from Commission. deed, it has taken longer to get Mr. making appointments, and they’re willing to go to increasingly absurd lengths to further [From Law360, New York, July 14, 2017] Delrahim confirmed than any Anti- that goal.’’ WAIT TO CONFIRM TRUMP’S ANTITRUST CHIEF trust Division leader since the Carter Democrats dismiss such characterizations LONGEST IN 40 YEARS administration. Keep in mind that this given what they see as unprecedented Repub- (By Eric Kroh) is a former staffer of ours who served lican tactics toward Mr. Obama’s nominees, It has taken longer for the administration both Democrats and Republicans. especially Judge Garland. In February 2016, Republican Senate leaders said they of President Donald Trump to get its top Regarding the delay of Mr. antitrust lawyer in place at the U.S. Depart- Delrahim’s confirmation, I ask unani- wouldn’t consider a Supreme Court nominee until after the election. ment of Justice than any since President mous consent to have two news articles Democrats also note that Mr. Trump has Jimmy Carter, leaving the division running printed in the RECORD. yet to name people for hundreds of vacancies at a limited clip some six months into There being no objection, the mate- and say there have been paperwork problems Trump’s tenure. rial was ordered to be printed in the with a number of people he has chosen. As of Friday, it has been 175 days since RECORD, as follows: ‘‘Our Republican friends, when they’re Trump’s inauguration, and his nominee for assistant attorney general in charge of the [From www.wsj.com, July 12, 2017] worried about the slow pace of nominations, ought to look in the mirror,’’ Mr. Schumer DOJ’s antitrust division, Makan Delrahim, SENATE FIGHT OVER TRUMP’S NOMINEES said on the Senate floor on Tuesday. The has yet to be approved by the full Senate de- HEATS UP GOP complaints about the pace of confirma- spite pressing matters such as the govern- (By Brent Kendall and Natalie Andrews) tions, he added, ‘‘goes to show how desperate ment’s review of AT&T’s proposed $85 billion WASHINGTON—A congressional battle over our Republican leadership is to shift the acquisition of Time Warner. President Donald Trump’s nominations for a blame and attention away from their health- After taking office, Trump’s five prede- range of influential positions is escalating care bill.’’ cessors had their nominees to head the anti- and becoming more acrimonious, creating Mr. Schumer has said Democrats will gen- trust division confirmed by June at the lat- additional uncertainty over when some nota- erally insist on lengthy Senate debate time est. In the last 40 years, only Carter has ble government vacancies might be filled. for nominees until Republicans start using taken longer to get his pick permanently in- Mr. Trump has been slower than recent traditional Senate procedures for advancing stalled after a change in administration. presidents to roll out nominees. But for an their health legislation, including com- Carter nominated John H. Shenefield to be array of people the president has selected, mittee hearings and bill markups. assistant attorney general on July 7, 1977, Senate Democrats are using procedural tac- Mr. McConnell has said Republicans have and he was confirmed on Sept. 15 of that tics to slow the confirmation process to a held numerous hearings on ACA issues in the year.

VerDate Sep 11 2014 06:05 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.019 S20JYPT1 S4100 CONGRESSIONAL RECORD — SENATE July 20, 2017 On the rung below, only two of five deputy Depending on the industry, companies may judicial nominees and only 20 percent assistant attorney general positions are cur- also be waiting to see the direction the DOJ of those rollcall votes were unopposed rently filled at the antitrust division. takes on merger reviews under the Trump nominees. Though the division is largely staffed by ca- administration before deciding to follow During the Bush Administration, reer employees and has been humming along through with or pursue large deals, accord- after Democrats changed the ground under acting directors, the lack of a con- ing to Andrea Murino, a partner with Good- firmed head and the vacancies at the deputy win Procter LLP. rules, the Senate confirmed more than level could be a sign that the administration ‘‘I do think it is something you have to 60 percent of judicial nominees by roll- doesn’t place a high priority on antitrust factor in,’’ Murino said. call vote, and more than 85 percent of matters, according to Christopher L Sagers Dealmakers may be watching to see how those rollcall votes were on unopposed of the Cleveland-Marshall College of Law at the DOJ acts on blockbuster transactions nominees. Cleveland State University. such as the AT&T-Time Warner merger. The Today, with a Republican President ‘‘It doesn’t seem like this particular White antitrust division also has to decide whether again in office, Democrats are still try- House has been as interested in the day-to- to challenge German drug and chemicals ing to change the confirmation ground day administration of government as it has maker Bayer AG’s $66 billion acquisition of rules. The confirmation last week of been in political issues,’’ Sagers said. ‘‘I U.S.-based Monsanto Co. don’t think that bodes particularly well for The antitrust division’s tenor will in large David Nye to be a U.S. district judge antitrust enforcement.’’ part be set by who will serve under Delrahim was a prime example. The vote to end Trump did not take especially long to in the deputy assistant attorney general po- debate on the Nye nomination was 97 nominate Delrahim. It had been 66 days since sitions. Following Delrahim’s confirmation, to 0. In other words, every Senator, in- his inauguration when Trump announced his current acting Assistant Attorney General cluding every Democrat, voted to end choice on March 27. Former President Andrew Finch will serve as his principal dep- the debate. Most people with common Barack Obama was relatively speedy with uty. Last month, the DOJ named Donald G. sense would be asking why the cloture his pick, naming Christine A. Varney to the Kempf Jr. and Bryson Bachman to two of the vote was held at all and why the delay. position a mere two days after taking the deputy assistant attorney general openings, But Democrats did not stop there. oath of office. On average, though, the six leaving three vacancies remaining. presidents before Trump took about 72 days While it’s preferable to have a full slate of Even after a unanimous cloture vote, to announce their nominees. officials and enforcers in place, the antitrust they insisted on the full 30 hours of However, it has taken an unusually long division will continue to review deals, go to postcloture debate time provided for time for Delrahim to make it through the court and police cartels until those seats are under Senate rules. To top it off, the logjam of nominations in the Senate. As of filled, Murino said. vote to confirm the nomination was 100 Friday, it has been 109 days since Trump an- ‘‘They’ve gone through this before, maybe to 0. nounced Delrahim as his pick to lead the just not for this length of time,’’ she said. I don’t want anyone to miss this. antitrust division. Of the past six adminis- ‘‘There is a slew of really talented career Democrats demanded a vote on ending trations, only President George W. Bush’s people that do not change with the political a debate none of them wanted, and nominee took longer to confirm when the administration. Senate approved Charles A. James on June As long as those people are in place, they then they refused to end the debate 15, 2001, 120 days after he was nominated. will keep the trains running on time.’’ they had just voted to terminate—all Popular wisdom holds that the antitrust Mr. HATCH. Mr. President, Mr. of this on a nomination that every division is hesitant to launch any major Delrahim’s appointment is just one ex- Democrat supported. That is changing merger challenges or cartel investigations ample among many. This particular ex- the confirmation ground rules. when it is operating under an acting assist- Only four of the previous 275 cloture ample serves an important case in ant attorney general, but that is largely a votes on nominations had been unani- point. Democrats are deliberately slow canard, Sagers said. mous. In every previous case, whatever It’s true that the division has been mainly walking dozens of confirmations in a the reason was for the cloture vote in focused on addressing litigation and deal re- cynical effort to stall the President’s the first place, the Senate proceeded views that were already ongoing when agenda and hurt the President, but Trump took office and continuing probes promptly to a confirmation vote. they are hurting the country, and they In 2010, for example, the Senate con- begun under Obama. However, past acting are hurting the Senate. They are hurt- assistant attorneys general have not been firmed President Obama’s nomination afraid to take aggressive enforcement ac- ing both sides. of Barbara Keenan to the Fourth Cir- tions, such as the DOJ’s challenge to AT&T’s I don’t want to see Republicans re- cuit 2 hours after unanimously voting acquisition of T-Mobile in 2011 under acting spond in kind when Democrats become to end debate. head Sharis A. Pozen, Sagers said. the majority and when they have a In 2006 the Senate confirmed the Nevertheless, the lack of permanent lead- President. nomination of Kent Jordan to the ership is likely being felt at the division, It won’t surprise anyone to hear that Third Circuit less than 3 hours after Sagers said. they are not limiting their obstruction ‘‘At a minimum, it’s a burden on the agen- unanimously ending debate. cy’s ability to get all its work done,’’ he campaign to executive branch nomi- In 2002 the Senate confirmed by voice said. nees. In fact, looking at the judicial vote the nomination of Richard For example, the DOJ asked the Second branch shows that this is part of a Carmona to be Surgeon General less Circuit on two occasions for more time to long-term obstruction strategy. In Feb- than 1 hour after unanimously ending file its opening brief in a case involving the ruary 2001, just days after the previous debate. government’s interpretation of a decades-old Republican President took office, the The Nye nomination was the first antitrust consent decree that applies to Senate Democratic leader said they time the Senate unanimously invoked music performing rights organization Broad- would use ‘‘any means necessary’’ to cast Music Inc. In its request, the DOJ said cloture on a U.S. district court nomi- it needed to push back the filing deadline be- obstruct the President’s nominees. A nee. This was the first time there was cause of the turnover in leadership at the few months later Democrats huddled in a unanimous vote to end debate on any antitrust division. Florida to plot how, as the New York nomination on which the minority re- ‘‘Given the context of decrees that govern Times described it, to ‘‘change the fused to allow a prompt confirmation much of the licensing for the public perform- ground rules’’ of the confirmation proc- vote. ance of musical works in the United States, ess. And change the ground rules is ex- Here is another chart that shows the this is an important issue,’’ the DOJ said in actly what they did. percent confirmed by rollcall vote dur- an April court filing. ‘‘In the meantime, For two centuries, the confirmation there is still an ongoing transition in the ing the Clinton administration, the leadership in the Department of Justice, and ground rules called for reserving time- George W. Bush administration, and this is a matter on which the newly ap- consuming rollcall votes for controver- the Obama administration. Here we pointed officials should have an opportunity sial nominees so that Senators could have the Trump administration, and, to review any brief before it is filed.’’ record their opposition. Nominations as you can see, they are not confirming The Second Circuit ultimately declined to with little or no opposition were con- his nominees even if they are qualified grant the DOJ’s second request for an exten- firmed more efficiently by voice vote and the Democrats admit it. No matter sion. or unanimous consent. The setting of big-picture policies at the how my friends across the aisle try to antitrust division such as in the BMI case is Democrats have literally turned the change the subject, these facts are exactly the kind of thing that can fall by the confirmation process inside out. Before facts. wayside under temporary leadership, Sagers 2001, the Senate used a rollcall vote to While the Senate used time-con- said. confirm just 4 percent—4 percent—of suming rollcall votes to confirm less

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.007 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4101 than 10 percent of the previous three For example, in the modern world, worldwide tax system for international Presidents’ executive branch nominees, business assets have become increas- tax, which means that U.S. multi- under President Trump, it is nearly 90 ingly more mobile. Assets like capital, nationals pay the U.S. corporate tax on percent. intellectual property, and even labor domestic earnings as well as on earn- I admit the Democrats are bitter can now be moved from one country to ings acquired abroad. Taxes on those about the Trump win. I understand another with relative ease and sim- offshore earnings are generally de- that. Everybody on their side expected plicity. Assets that are relatively im- ferred so long as the earnings are kept Hillary Clinton to win. Many on our mobile—those that cannot be easily offshore and are only taxed upon repa- side expected her to win as well. But moved—are becoming increasingly triation to the United States after ac- she didn’t. President Trump is now rare. The Tax Code needs to change to counting for foreign tax credits and the President, and he did win, and he is reflect that fact. like. doing a good job of delivering people up Our current corporate tax system im- Put simply, this type of system is an- here to the Senate for confirmation. poses a heavy burden on businesses’ as- tiquated. The vast majority of our for- This is not how the confirmation sets, which creates an overwhelming eign counterparts have already done process is supposed to work. incentive for companies to move their away with worldwide taxation and The Constitution makes Senate con- more mobile assets offshore, where in- have converted to a territorial system. firmation a condition for Presidential come derived from the use of the assets Generally speaking, a territorial sys- appointments. This campaign of ob- is taxed at lower rates. tem is one in which multinational struction is exactly what the Senate As I noted last week, there is no companies pay tax only on earnings de- Democrats once condemned. Further shortage of lower tax alternatives in rived from domestic sources. poisoning and politicizing the con- the world for companies incorporated By clinging to its worldwide tax sys- firmation process only damages the in the United States. It does not take a tem and a punitively high corporate Senate, distorts the separation of pow- rocket scientist to understand this tax rate, the United States has se- ers, and undermines the ability of the concept. All other things being equal, verely diminished the ability of its President to do what he was elected to if there are two countries that tax multinational companies to compete in do. businesses at substantially different the world marketplace. Because U.S.- I hope our colleagues on the other rates, companies in the country with based companies are subject to world- side will wise up and realize that what higher tax rates will have a major in- wide taxation while their global com- they are doing is destructive to the centive to move taxable assets to the petitors are subject to territorial tax- Senate, harmful to the Senate, and it country with lower rates. That dy- ation systems, U.S. companies all too is a prelude to what can happen when namic only moves in one direction, as often end up having to pay more taxes they get the Presidency. I don’t want there are not many companies that are than their foreign competitors, putting to see that happen on the Republican looking to move to higher tax coun- them at a distinct competitive dis- side. tries, like the United States, from advantage. TAX REFORM lower tax jurisdictions. This is not just Generally speaking, foreign-based Mr. President, to change the subject, a theory; this has been happening for companies pay taxes only once at the I would like to speak about the effort years. tax rate of the country from which An inversion, if you will recall, is a to reform our Nation’s Tax Code. Last they have derived the specific income. transaction in which two companies week, I came to the floor to give what A U.S. multinational, on the other merge, and the resulting combined en- I promised would be the first in an on- hand, generally pays taxes on offshore tity is incorporated offshore. Let me going series of statements about tax income at the rate set by the source repeat some numbers that I cited last country but then gets hit again—and at reform. Today, I would like to give the week. In the 20 years between 1983 and a punitively high rate—when it repatri- second speech on that subject in this 2003, there were just 29 corporate inver- ates its earnings back to America. series. sions out of the United States. In the 11 As I have said before, while there are This is stupidity in its highest sense. years between 2003 and 2014, there were tax reform discussions ongoing be- This needs to change. It is not only Re- 47 inversions—nearly double the num- tween congressional leaders and the ad- publicans who are saying that; many ber in half the amount of time. That Democrats have recognized this issue ministration, I expect there to be a ro- number includes companies that are as well. For example, I will cite the Fi- bust and substantive tax reform proc- household names in the United States. nance Committee’s bipartisan working ess here in the Senate, one that will This is happening in large part because group on international tax, which is give interested Members—hopefully of the perverse incentives embedded in cochaired by Senators PORTMAN and from both parties—an opportunity to our corporate tax system and the stu- SCHUMER, our ranking minority leader, contribute to the final product. I an- pidity of us in the Congress to not which examined these issues thor- ticipate that, at the very least, the solve this problem. members of the Finance Committee Keep in mind that I am only talking oughly and produced a report in 2015. In will want to engage fully in this effort. about inversions. There are also for- that report, after noting that most in- I have been working to make the case eign takeovers of U.S. companies, not dustrialized countries have lower cor- for tax reform for the last 6 years, ever to mention arrangements that include porate rates and territorial systems, since I became the lead Republican on earnings stripping and profit shifting. this bipartisan group of Senators said: the Senate Finance Committee. This The collective result has been a mas- ‘‘This means that no matter what ju- current round of floor statements is a sive erosion of the U.S. tax base and, risdiction a U.S. multinational is com- continuation of that effort. perhaps more importantly, decreased peting in, it is at a competitive dis- Last week, I spoke on the need to re- economic activity here at home. advantage.’’ duce the U.S. corporate tax rate in Make no mistake—our foreign com- The report by Senators PORTMAN and order to grow our economy, create petitors are fully aware of these incen- SCHUMER and the members of their jobs, and make American businesses tives. They have recognized that low- working group also referred to some- more competitive. Today’s topic is ering corporate tax rates can help thing called the lock-out effect. Simply closely related to that one. Today, I them lure economic activity into their put, the lock-out effect refers to the in- want to talk about the need to reform locations. Yet, in the face of this com- centives U.S. companies have to hold our international tax system. petition, the U.S. tax system has re- foreign earnings and make investments Over the last couple of decades, we mained virtually frozen. offshore in order to avoid the punitive have enjoyed a rapid advancement in As I noted last week, reducing the U.S. corporate tax. This is not a dodge technology and communication, which corporate tax rate would help alleviate or a tax hustle on the part of these has been a great benefit to everyone these problems, but more will be re- companies; they are simply doing what and has improved the quality of life for quired, including reforms to our inter- the Tax Code tells them to do. The Tax people all over the world. Unfortu- national tax system. Code essentially tells U.S. companies: nately, our tax system has failed to Currently, the United States uses You can have $100 in Ireland, say, or evolve along with everything else. what is generally referred to as a you can have $65 in the United States.

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.020 S20JYPT1 S4102 CONGRESSIONAL RECORD — SENATE July 20, 2017 Well, no surprise here—companies gen- to keep track of the bill to repeal the up, and quality does not get better. erally opt to have $100 in Ireland. Affordable Care Act—and nothing has This is a terrible piece of legislation. Currently, a huge amount of cap- changed. This proposal, which is a We are at this very frightening time ital—as much as $2.5 trillion or maybe moral and intellectual dumpster fire, is in the negotiations when changes are even more—that is held by U.S. multi- still a disaster. being made to this bill not to improve national companies is effectively Here is what the CBO says about the policy but to try to win individual locked out of the United States and is bill that is currently being reworked votes. That is what is happening as we unavailable for investment here at behind closed doors by my Republican speak. Behind closed doors, small home. However, as Senators SCHUMER colleagues. The CBO says that, imme- changes are being made to this bill to and PORTMAN and their colleagues on diately, 15 million people would lose try to win the votes of individual Sen- the international tax working group coverage by next year. That is a hu- ators, giving them specific amounts of noted, those funds can easily be used to manitarian catastrophe. It is some- money for their State, and their State grow the economies of those foreign thing this country has never witnessed alone, in order to win their vote. That countries that have kept their tax before—that number of people losing is shameful, and it is no way to reorder codes up to date. coverage in that short a period of time. one-fifth of the American economy. We These are massive problems, and if Our emergency rooms would be over- are talking about 20 percent of the U.S. we are going to put together an effec- whelmed as they would be unable to economy. And changes are being made tive tax reform package and be com- deal with the scope of that kind of hu- to this bill right now that have nothing petitive, we will have to find a way to manitarian need. Ultimately, the num- to do with good healthcare, that have tackle these issues. The most obvious ber would rise to 22 million at the end only to do with winning individual way, of course, would be with a com- of the 10-year window. We know it will votes to try to get to 50, because Re- bination of reducing our corporate tax be far bigger than that in the second 10 publicans refuse to work with Demo- rates, transitioning to a territorial tax years because that is when the worst of crats—refuse to work with us. So in- system, and ensuring protection of the the Medicaid cuts will happen, but 22 stead of building a product that could U.S. tax base from things like earnings million is a lot of folks. It is no dif- get big bipartisan support, Republicans stripping and profit shifting. That ap- ferent than in the previous version, are now down to a handful of their proach, as it turns out, has bipartisan which was 23 million, or in the House’s Members and are trying to find ways to support. bill, which somehow got a majority deliver amounts of money to those These matters represent a significant vote in that place despite 24 million Members’ States in order to win their portion of our tax reform efforts, and people losing health insurance, accord- vote. we already know it is one on which Re- ing to the CBO. There is a special fund in the latest publicans and Democrats can agree, at Today, 90 percent of Americans are version of the bill for insurance compa- least in concept. In other words, there covered by health insurance. The CBO nies in Alaska that was not in the pre- is ample reason for our Democratic col- says that number will go all the way vious version of the bill. Now, all of leagues to join Republicans and for Re- down to 82 percent. I have heard my these provisions get written in a way publicans to join Democrats in the tax friend Senator CORNYN complain on that if you are an average, ordinary reform discussions. this floor year after year that the ACA American who decides to take a couple These issues are not just important still leaves millions of Americans un- of hours of your time to read the bill, for faceless corporations or tax plan- covered. This would make it even you would never know that it was a ners; they are important for American worse. specific fund for Alaska because it workers who are up and down the in- When you get down to look at what doesn’t say ‘‘Alaska.’’ It sets up a come scale. Anyone who is hoping to happens to individual Americans, it whole bunch of requirements that a have a job and opportunities here in gets even more frightening. Let me State has to meet to get this special the United States and not somewhere give an example of how this bill would fund for insurance companies, and only else has an interest in reforming our dramatically increase premiums on in- one State fits that description, and it international tax system. If we pass up dividuals who are currently insured is Alaska. this current opportunity to address through the private market. There is a change in this bill from these issues, people should expect to A lot of the coverage losses happen previous law that addresses States that see more and more economic activity because of this assault on Medicaid, were late Medicaid expanders, States and the headquarters and supporting but lots of folks who have private cov- that expanded into the new Medicaid staff of more household-name compa- erage would not be able to afford it any population allowed for under the Af- nies moved outside the United States. longer. If you are a 64-year-old who is fordable Care Act but did it late in the With bipartisan recognition of the making, let’s say, $55,000, that is over process. The previous version didn’t need for reform and agreement on three times the Federal poverty level. give those States credit when estab- international concepts already having In a lot of places, you can live on lishing the baseline for the new Med- been displayed, we owe it to the Amer- $56,000. Today, that individual is pay- icaid reductions, but miraculously this ican people to work together and fix ing about a $6,700 premium. Under the new bill has a specific provision to this problem. Republican healthcare bill, that indi- allow for two States that were late As I have said multiple times, I hope vidual would be paying $18,000 in pre- Medicaid expanders to be able to get my friends on the other side of the miums. That is an increase of 170 per- billions of additional dollars sent to aisle will be willing to work with us on cent. That is just one individual. their State. Those States are Alaska tax reform, but if they decline—and, The bottom line is that, if you are and Louisiana—two States. sadly, we have seen some indication older and you are less wealthy, you are There is a new provision in the latest that they will—Republicans will need going to be paying a whole lot more version of the bill that makes a very to be ready to take steps to fix these under this proposal. curious change to the way in which problems. I think we will be ready. In- Despite all of the guarantees made by DISH payments are sent to States— deed, I think we are more than up to Republicans and this President that that is the Disproportionate Share the challenge. I hope we do something under their plan, costs would go down, Hospital Program that helps hospitals about these important issues. that deductibles would go down and pay for the costs for people without in- I yield the floor. premiums would go down, the CBO says surance. Not coincidentally, it is a The PRESIDING OFFICER. The Sen- the exact opposite. It says that, espe- change that was advocated by one Sen- ator from Connecticut. cially if you are sort of middle-income ator from one State: Florida. The HEALTHCARE and are 50 or older, your premiums will change will disproportionately benefit Mr. MURPHY. Mr. President, I thank go up dramatically. the State of Florida, and it is now in the Senator from Georgia for the rec- This is a terrible bill. It does not the new version. ognition. solve a single problem that the Repub- These are not changes that help the Colleagues, the new CBO score is out licans said they were trying to fix. American healthcare system. They are on, I guess, version 4.5 or 5.5—it is hard More people lose insurance, costs go not changes that benefit my State or

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.021 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4103 the State of the majority of Members doesn’t have to be that way. We could that subject, I want to spend a few here. Some of these changes don’t ben- sit down together and own this prob- minutes talking about our wonderful efit 98 of us; they only benefit 2 of us. lem and the solution together, and we colleague JOHN MCCAIN. And they are in this version of the bill could end healthcare being a perma- Some of the most satisfying mo- in order to win votes, not to make good nent political cudgel that just gets ments I have had in public life have policy. used every 5 to 10 years by one side to been serving with JOHN MCCAIN. When We heard word this morning of a new beat the other side over the head. I came to the U.S. Senate—Oregon’s fund that was invented in the middle of We are Senators too. We got elected first new U.S. Senator in almost 30 the night last evening that would sup- just like our Republican friends did. years—I had the honor of being chosen posedly help States that are Medicaid Why won’t Republicans let Democrats to serve on the Senate Commerce Com- expansion States transition their citi- into the room, especially after this bill mittee, which was chaired by JOHN zens who are currently on Medicaid to has failed over and over again to get 50 MCCAIN. And what an exhilarating way the private market. Now there are re- votes from Republicans? We don’t have to begin serving in the Senate. We ports that it is a $200 billion fund, and a communicable disease. We aren’t tackled big, meaty, important issues of that is a lot of money. It sounds like a going to physically hurt you if you let the future—the question of multiple lot of money, and it is a lot of money, us into that room. We are not lying and discriminatory taxes on internet but it would represent 17 percent of the when we say we have a desire to com- commerce. We focused, for example, on funds that are being cut to States, and promise. Enron and what went wrong there it would only be a temporary bandaid Democrats aren’t going to walk into when so many consumers were ripped on a much bigger problem. Why? Be- a negotiating room and demand a sin- off. We dug into consumer rights. JOHN cause CBO says definitively that the gle-payer healthcare system. We under- MCCAIN was an early advocate for say- subsidies in this bill for people who stand that we are going to have to give ing that if you rode on an airplane, it want to buy private insurance are so Republicans some of what they want; didn’t mean you ought to sacrifice meager that virtually no one who is maybe that is flexibility in the benefit basic consumer rights, and some of kicked off of Medicaid will be able to design that is offered on these ex- those same issues are getting more at- changes. But Republicans are going to afford those new premiums. That is tention today. have to give Democrats some of what why the numbers are so sweeping in Then, of course, we built on this floor we want, which is the end to this mad- their scale—22 million people losing the Y2K measure. When everybody was ness—an administration that is trying healthcare insurance. so concerned about what would happen So even if you get a little bit of to sabotage our healthcare system and at that time, Senator MCCAIN gave me money to help a group of individuals in destroy the healthcare our citizens get. the honor of being his Democratic part- a handful of States transition, when But that could be a compromise. It is ner in putting together a bill. We had that money runs out—and it will—they not illegal to meet with us. There are the benefit of incredible work from the 48 of us; there are not 12 of us. My con- are back in the same place. All they private sector and first responders and stituents in Connecticut deserve to are doing is temporarily postponing smarter Federal policies. We all know have a voice in how one-fifth of the the enormity of the pain that gets de- that some of the calamitous pre- American economy is going to be livered. And once again, this provision dictions about Y2K didn’t come to pass. transformed. JOHN MCCAIN did some extraordinary being delivered to only States with I know a lot of my Republican friends work at that time. As a young U.S. Medicaid expansion populations is want to do this. I have talked with Re- Senator, what a thrill it was to be able being targeted in order to win votes, publican Senators who say: Well, when to be involved with a real American not in order to improve the entirety of this process falls apart, we want to hero on some of those first experiences the healthcare system. work with you. It is falling apart, be- I had in the Senate. Senator CORKER called out his col- cause the only way Republicans are As we begin to absorb the news of leagues today. He said that he was will- going to get the 50 votes is by making last night, what struck me is that now ing to vote for the motion to proceed, these shameful changes—specific fund- we are counting on JOHN MCCAIN’s leg- but he was growing increasingly un- ing streams for specific States in order endary strength to give cancer its comfortable with a bill that was in- to get a handful of votes—and that is toughest fight ever—toughest fight creasingly—I think his word was ‘‘inco- not how this place should work. Maybe ever. herent.’’ That is what happens when that is how things happened here 100 I just wanted to come to the floor you get to the point where you have a years ago, but it is not how things today and say we are rooting for you, deeply unpopular bill that everybody in should happen today. dear friend. We are rooting for you and the country hates and you need to put So once again I will beg my Repub- Cindy and your wonderful family, and amounts of money in it to get a hand- lican colleagues to stop this partisan we are thinking about you this after- ful of additional votes. It becomes in- closed-door exercise and come and noon. coherent. And this was an incoherent work with Democrats. We can do this HEALTHCARE bill to begin with. It is hard to make together. We can own it together. We Mr. President, it is my sense that if this bill more incoherent, but that is will have plenty of other stuff left to you thought the TrumpCare debate in what is happening when these indi- fight about if we find a way to agree on the Senate had met its end on Tuesday, vidual funds are being set up for Alas- a path forward for America’s it is pretty obvious you ought to be ka, Louisiana, and Florida. healthcare system. thinking again. The zombie stirs once We could solve all of this if Repub- Mr. President, I yield the floor. more. licans decided to work with Democrats. The PRESIDING OFFICER (Mr. CAS- The latest attempt by the majority If we set aside the big tax cuts for the SIDY). The Senator from Oregon. to cobble together 50 votes, according wealthy and the pillorying of the Med- Mr. WYDEN. Mr. President, before he to reports, comes down to waving a $200 icaid Program, if we try to fix the real leaves the floor, I want to commend billion slush fund in front of Senators problems Americans face today, we my colleague from Connecticut for a from States that expanded Medicaid could do it on a bipartisan way. And very thoughtful speech. I think he has under the Affordable Care Act. wouldn’t that be great. made the case that the challenge ahead As the ranking Democrat on the Sen- I get it that there is enormous polit- is really a two-part drill—first, to stop ate Finance Committee, I am very ical advantage for Democrats to sit on something that is especially ill ad- pleased that the Presiding Officer the sidelines and watch Republicans vised, and second, to then move to a joined the committee this year. We vote for a bill that has a 15-percent ap- better way that really focuses on sun- have studied this one-time slush fund, proval rating, just like there was polit- light and bipartisanship. So I thank and the theory, of course, is that it is ical advantage for Republicans to sit my colleague for his very thoughtful supposed to be enticing enough for a on the sidelines and not do anything to comments. Senator to vote for a bill that still help Democrats provide insurance to 20 THINKING ABOUT SENATOR MCCAIN slashes Medicaid to the bone. million more Americans. Healthcare is Mr. President, I am here to speak Let’s be realistic about what the a very thorny political issue, but it about healthcare, but before I turn to slush fund represents in the context of

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.023 S20JYPT1 S4104 CONGRESSIONAL RECORD — SENATE July 20, 2017 the overall plan. Senate Republicans hit like a wrecking ball. That is the For those who care about the afford- are steering tens of millions of Ameri- reason so many Governors are so un- ability of health coverage, there is a cans toward a cliff and are offering the happy with what is on offer. statistic that really leaves you without world’s smallest pillow to break the There is no escaping the con- words. Under the Senate Republican fall. sequences of whatever the Senate bill, in 2026, a middle-aged American Before I go further on the specifics of passes. If you had objections to who brings home $26,500 annually will what the majority has on offer, I want TrumpCare or a repeal-only bill yester- face a deductible of $13,000—$13,000. If to step back and take a look at what day, this doesn’t change a thing. you are watching this, remember that the American people have been sub- A few hours ago, the nonpartisan figure the next time you hear that the jected to over the course of this debate. Congressional Budget Office—for folks Senate Republican bill lowers costs or The reason I want to do this is that, who don’t follow the lingo and CBO, puts the patient at the center of care. even by Beltway standards here in those are our nonpartisan umpires. If this bill becomes law, that individual Washington, this is the absolute worst They put out an analysis of the third with a $13,000 deductible is one bad in- of this city. version of the Senate Republican jury or diagnosis away from personal In the crusade to repeal the Afford- healthcare bill. If you were hoping that bankruptcy. How does that figure com- able Care Act, the ACA, there has been was the charm, the news doesn’t ex- pare to the system on the books today, the AHCA—the House TrumpCare bill. actly help your cause. you might ask? Under the Affordable That is the one that earned the big vic- The CBO found that it is still going Care Act, that same individual’s de- tory ceremony with the President of to send premiums through the roof. ductible is $800. the United States in the Rose Garden. The new version is going to kick 22 The other option being put forward Next, we had the BCRA—the Senate million Americans off their healthcare. by Senate Republican leaders is a re- TrumpCare bill. Then, there was a sec- It is still going to make healthcare peal-only strategy, and they claim it ond version of the BCRA. Then, along unaffordable for millions of Americans would have a 2-year transition. But the came something called the ORRA, the with preexisting conditions. That is es- numbers from the Congressional Budg- bill I have called ‘‘repeal and ruin,’’ pecially troubling to me—and I know et Office make clear that the idea of a which got its start back in 2015. Then, the Presiding Officer is very interested transition after a repeal bill passes is a this morning, the public got a look at in the policy foundations of these big fantasy. a third version of the BCRA. My sense issues. Before the Presiding Officer ‘‘Repeal and run’’ means that 17 mil- is, if you are having coffee in Coos Bay, came to this body, I worked with one of lion Americans lose coverage in the OR, or in Roseburg over lunch or some- our former colleagues, and we put to- first year; 32 million Americans lose thing like that, your head is going to gether what is still the only com- coverage within a decade; premiums in be spinning as you hear this news. prehensive bipartisan health reform— private market plans double. It is easy I also want to make sure folks know seven Democrats, seven Republicans— to see why. My colleague in the Chair, about the strategy that has come out that has been introduced in this body. the Presiding Officer, knows so well of the White House over the last few One of the priorities that those Sen- about the signals that are sent to the days. The President first endorsed the ators—and some of those colleagues on private marketplace; we are talking Senate’s TrumpCare bill, but then it the other side of the aisle are still here; about the marketplace. If you are pour- was repeal only. Then, while the coun- they were cosponsors of this bill, and ing gasoline on the fires of uncertainty try watched the administration sabo- many of the Democratic sponsors are in the private insurance sector and tage the Affordable Care Act, the still here. There was bipartisan agree- people can’t plan and they can’t cal- President said that everybody ought to ment that there should be an airtight, culate, what will happen during this 2- just sit back and watch what happens. loophole-free commitment to pro- year transition? You are going to have Then it was back to calling for the tecting people with preexisting condi- bedlam in the marketplace. It is a pre- Senate majority to pass TrumpCare. tions. As I said, seven Democrats, scription for trouble, and premiums Nobody in this Chamber, with the seven Republicans signed off on that and private market plans will double. possible exception of Senate Majority bill. A number of them from both sides The numbers I am talking about are Leader MITCH MCCONNELL, can claim to still serve in the U.S. Senate today. real lives. I was the director of the really know what is coming down the Now what is being discussed is an ap- Gray Panthers senior citizens group for pike on American healthcare. So with proach that would make healthcare almost 7 years before I was elected to the health and well-being of hundreds unaffordable for millions of people with the Congress. This is my background. of millions of Americans at stake, this preexisting conditions, really taking a As I started to see government reports shadowy, garbled, and wretched process big step back—and I have heard my and the like, I came to realize that really just leaves your jaw on the floor. colleague speak about this, com- those reports—all those facts and fig- Senate Republicans seem to be speed- menting on TV shows and the like—to- ures on pieces of paper, long sheets of ing toward a vote on something. As I ward the days when healthcare in paper, figure after figure—are not real- mentioned, there is the prospect of this America was for the healthy and the ly what this debate is all about. This is $200 billion slush fund being dangled wealthy. That is what you get if you a debate about people, about their out there to help round up votes. My don’t have airtight protections for hopes and aspirations and what they sense is that this slush fund is of zero those with preexisting conditions, if want for the future. Families are wor- consolation to the millions of Ameri- you don’t have what we had in our ried, for example, about how they are cans who live in States that didn’t ex- original bill by seven Democrats, seven going to pay for the care of an older pand Medicaid. It is of zero consolation Republicans—airtight protections, parent. I think about those seniors I to the tens of millions of middle-class loophole-free protections for those with met as director of the Gray Panthers. families who are going to have their preexisting conditions. If you don’t They did nothing wrong. They tax cuts or healthcare ripped away and have it, you are marching back to the scrimped and saved, and they didn’t go see their premiums skyrocket. It will days when healthcare was for the on the special vacation. They didn’t be of zero consolation to middle-class healthy and wealthy, where you could buy the boat. They did everything families who are panicked over wheth- not move to another job if you got a right. They educated their kids and er they are going to be able to take great opportunity because you had a tried to sock away a little money. care of elderly parents and grand- preexisting condition. You were immo- What we know is, growing old in Amer- parents when long-term care through bilized. That is where this is going with ica is expensive. In spite of being care- Medicaid is cut. the proposal to make healthcare ful about costs all their lives, when a Make no mistake about what this unaffordable for millions of people with spouse needed extra care or they had slush fund really does; it just delays a preexisting conditions, turning back early onset of healthcare problems, little bit of the pain for a short time in the clock, moving away from what has they went through all the money they States that expanded Medicaid. But the strong bipartisan support in this saved. Then they needed Medicaid. slush fund is going to run dry. That is Chamber with Senators on both sides Medicaid now picks up the costs of a fact. State budgets are going to get who are still here. two out of three nursing home beds in

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.025 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4105 America. What is not known is very a little bit ago. He couldn’t say what I continue to feel very strongly about often seniors need not just that care, the Senate would take up, if the first it. I wrote an entire section of my com- but they need home and community- procedural vote passes next week, prehensive bill to give States flexi- based care. They need a continuum of whether it would be TrumpCare or a bility, and fortunately it was included services so they get the right kind of straight repeal bill. in the Affordable Care Act. There care at the right time. My sense is, everybody is being asked ought to be room to work on these They are looking at this bill. They to walk into this abyss on healthcare kinds of issues, State flexibility. There are saying this is going to make my but particularly colleagues on the ought to be room to work on a bipar- prospects for being able to afford care— other side of the aisle. To be in the tisan basis with respect to bringing whether it is nursing homes, home and dark about what is on offer a few days down prescription drug costs. community-based services—an awful before a vote that affects hundreds of I have indicated to the President of lot harder to figure out in the days millions of Americans, one-sixth of the the Senate, I think the lack of trans- ahead. American economy—for them to be in parency in the pharmaceutical market We have young people who have been the dark, someone like myself, the has really been a major factor in the through cancer scares. We have single ranking Democrat on the Senate Fi- reason that our people get hammered parents who work multiple jobs to put nance Committee that has jurisdiction by escalating drug prices. food on the table. This is what I am over Medicare and Medicaid and tax We have heard for so long that some hearing about at home. When I had the credits, strikes me as very odd, even by of the middlemen—they are called good fortune of being chosen Oregon’s the standards of the beltway. pharmaceutical benefit managers. first new Senator in almost 30 years, I The American people are now left They came into being a few years ago. made a pledge that I would have an guessing about what comes next. The They said: We will negotiate for busi- open meeting, open to everybody in only guarantee, should the first proce- nesses or States or labor unions. We every one of my State’s counties. We dural vote succeed, is that both options will negotiate a better deal for the con- have 36 counties in Oregon. Senate Republican leaders put on the sumer. This year, so far, I have had 54 open- table are going to raise premiums, Consumers said: Hey, we will see that to-all town meetings. Each one of them make care unaffordable for those with in our pocketbook. At home we would lasts 90 minutes. There are no speech- preexisting conditions, and leave tens see that at a pharmacy, at Fred Meyer es. People say what they want. They of millions of Americans without or Rite Aid or Walgreens or any of our ask a question. It is the way the health coverage. pharmacies. These are all big phar- Founding Fathers wanted it to be. I want to repeat a message that I and macies around the country. Right now, They are educating me, and I am try- other Democratic Senators have been as of this afternoon, we don’t know ing to respond. I am trying to take delivering for days. The choice between what these middlemen put in their back to Washington, DC, which often TrumpCare and straight repeal of the pocket and what they put in our pock- strikes them as a logic-free zone—I am Affordable Care Act is false. Nobody is et. being forced to choose between calam- There ought to be an opportunity to trying to take their thoughts back to ity and disaster. find common ground. I think there Washington, DC. Frankly, my highest Democrats and Republicans abso- ought to be a chance for Democrats priority has been to find common lutely can work together on the and Republicans to work together on ground with people of common sense on healthcare challenges facing the coun- approaches like my SPIKE bill, which the Finance Committee, especially in try. As soon as there is a willingness to says that when a big pharmaceutical the healthcare area, because long ago I drop this our-way-or-the-highway ap- company wants to drive up the prices, decided if you and your loved ones proach—this partisan approach known they should have to publicly justify don’t have your health, nothing else as reconciliation—there will be a good- why they are doing so. really matters. faith effort on our side to find common There ought to be ways for Demo- At those 54 town meetings—they ground. crats and Republicans to work together have been in counties where Donald I heard enough of the back-and-forth and bring down prescription drug costs. Trump won by large numbers or Hil- in this debate to know there is a bipar- There certainly is bipartisan interest lary Clinton won by large numbers— tisan interest; for example, in flexi- in getting more competition and more each one of those meetings has been bility for States. I know the President consumers into the insurance markets. dominated by the fears of Americans of of the Senate is especially interested in That means more predictability and all walks of life, of all political philoso- this issue—flexibility for the States. certainty. phies worried about what is going to He has given it a lot of thought. I want My view is, if you are serious about happen to their healthcare. him to know I am always open to talk- really helping to make the private in- Frankly, their worry seems to be just ing to him about this issue. surance market robust, you have to as great in rural communities that In the bill I described earlier—seven stop this crusade to repeal the ACA. In- President Trump won by large majori- Democrats, seven Republicans—we had surers are making decisions right now. ties because Medicaid expansion in my a special section which became law in All eyes are on this body to bring cer- State has been enormously helpful. So the Affordable Care Act that in effect tainty back to the marketplace. many Oregon communities, under provided for what are called innovation The reality is, there is only a very 10,000 in population, have been able to waivers. The theory—and I am sure my short time with respect to 2018 pre- use Medicaid expansion at a hospital to colleague in the Chair has been think- miums. I know there are Republican maybe hire another person. It has real- ing about these issues as well—is based Senators who would like to tackle ly been a lifeline. They have an awful on the idea we both have heard for challenges on a bipartisan basis. The lot of people between 55 and 64. They years, conservatives have said, if those message my colleagues and I are send- are going to be charged five times as folks in Washington will just give us ing on this side of the aisle is, there are much as young people here, and they the freedom, we can find better ways to a lot of open arms here. Instead of tak- are going to get fewer tax credits to cover people, hold down the costs, and ing the partisan route and causing dev- deal with it. make what works in Louisiana work astation in our healthcare system, let’s In all of these counties—counties for us, and folks in Oregon can pursue work together to make healthcare bet- won by Donald Trump, counties won by what works for folks in Oregon. ter and more affordable for all Ameri- Hillary Clinton—fear about healthcare I said, at the time, that every single cans. has been front and center. People are bill that I would be part of in this de- I consider that kind of bipartisan co- fearful and obviously would like some bate about fixing American healthcare operation to be the premier challenge clarity, some sense of what is coming would have a provision that would re- of my time in public service, to work next. spond to this argument that the States with colleagues, common sense, look- One of our colleagues whom I do a lot are the laboratories of democracy. We ing for common ground. I have heard of work with, Senator THUNE—a mem- would have a provision that would one after another of my colleagues on ber of the Finance Committee and his allow considerable flexibility for this side of the aisle state that in just party’s leadership—spoke to a reporter States to take their own approaches. the last few days.

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.030 S20JYPT1 S4106 CONGRESSIONAL RECORD — SENATE July 20, 2017 Let us set aside this partisan our- the decisions that government ulti- would have said: OK, we are going to way-or-the-highway approach, opt for mately sets the stage for. If you are have new miles-per-gallon standards the alternative, which is more sunshine going to make something in America and they are effective immediately, and more bipartisanship. I will pledge today, the first two boxes I think you and if you have a car that doesn’t meet to you everything in my power on the would have to check would be can you those standards, you of course have to Senate Finance Committee to bring pay the utility bill and does the trans- keep paying for your car, but you also that about. portation system work with what you have to have a new car. That is what Mr. President, I yield the floor. are trying to do. If you can’t check we were about to tell utility users and I suggest the absence of a quorum. those two boxes, no matter how great families. And if you don’t think that The PRESIDING OFFICER. The that workforce and that location might would have had an impact on jobs, you clerk will call the roll. be, you are not going to take those jobs are just not thinking about jobs. The legislative clerk proceeded to there. So government, either as a regu- There was a water rule, the waters of call the roll. lator or as a provider, is going to be the United States, that would have Mr. BLUNT. Mr. President, I ask very involved in whether you can pay done about the same thing. Both of unanimous consent that the order for the utility bill. those have been pushed back by the the quorum call be rescinded. That is why I was really glad to see The PRESIDING OFFICER. Without courts, and hopefully we are walking the new director at the Environmental objection, it is so ordered. toward a more reasonable situation Protection Agency look at the power where we are thinking about how to ac- MANUFACTURING rule. The courts fortunately had al- complish the same goals in a way that Mr. BLUNT. Mr. President, the White ready said you don’t have the author- lets families accomplish their dreams. House started out this week with all ity to do that—only Congress can do Then the second thing, the transpor- kinds of activities on the White House what you want to do here—which is tation issue: Does the transportation grounds pertaining to things that we look at the power rule and look at system work for what you want to make here in America and the impor- States like many of our States in the make? Can you get the material where tance of manufacturing and, frankly, middle of the country where, in my you need to get it? Can you get a prod- the kinds of good jobs that have tradi- State, the so-called clean power rule uct in a way that continues to make tionally come with manufacturing. When we have an economy that fo- would have doubled the utility bill for you competitive? And the State and cuses on making things and growing families and the places they work in Federal Government and local govern- things, that has always been the about 10 or 12 years. By the way, no- ments are very, very much in charge of strongest economy for working Amer- body pays the utility bill for you. The the decisions that make that environ- ican families—an economy that com- utility bill is paid based on how many ment whatever it is. petes, an economy that produces. utilities you use. There is no mythical So when we are thinking about Where the Presiding Officer and I live big government to come in and pay the ‘‘Made in America,’’ we have to think in Louisiana and in Missouri, in the utility bill unless we are going to have about those things. Then we have to middle of the country and close to that a totally different system than we have think, with that infrastructure in great transportation corridor and close now. The utility bill would have dou- place, what is the third and crucial to the resources of the country, we al- bled. piece of that puzzle coming together? ways particularly thrive when we are I have often said that in the last It is a workforce that is competitive in an economy that is focused on mak- three years in this fight to see that and prepared and an education system ing things. this didn’t happen to Missouri fami- that is prepared to help with whatever With all of the other discussions this lies—and I said it again on the radio comes next. week, it would be a shame to not think this morning in an interview, thinking If we think we know what the aver- about those products from every State that this fortunately had not hap- age person, or any person, is going to that the President talked about this pened—I said: If you want to test what be doing and how they are going to be week, that were on the Capitol happens if the utility bill is allowed to doing it 20 years from now, I suspect grounds, and that are reflective of com- double because of some needless gov- none of us are quite that able to pre- panies that are almost brandnew and ernment action—and double before it dict what 20 years from now is going to companies that are a century old, has to because you are doing things be- look like. In fact, if we had thought where people had figured out how to be fore they have to be done—the next about the way we do most of the work competitive enough in what they were time you pay your utility bill, just as we do now 20 years ago, it would be doing that they could make a living for you are writing your checks out of amazing: Oh, it is just 20 years later, themselves and lots of other people, your checkbook, pay it one more time but we didn’t have the cell phone, we doing just that. In fact, manufacturing and see what you are going to do with didn’t have an iPad, we didn’t have a employs 12.3 million people in the the rest of your family’s money that computer. There was nothing at the country today, including more than month, which suddenly you can’t do factory that did what that machine 260,000 people in my State of Missouri. because you are paying the utility bill does right now. We have to have a There is no doubt that we benefit from twice. workforce that is ready, and we have to those kinds of jobs. There are ways—when we need to do all we can to make that workforce I was glad that in 2014 we were able transition to some other kind of utility ready. to get the Revitalize American Manu- provider if we want to transition in On the infrastructure front, we need facturing and Innovation Act signed fuels or sources or whatever—there are to look not only at the infrastructure into law. This was a new way, a new ways to do that. The way to do that is bill that is coming up, but also how opportunity for businesses to link with to say that the next time you have to many more tools can we put in the tool each other and to link with training fa- build something, the next time you box. Senator WARNER and I reintro- cilities, maybe research universities. have to borrow money that the utility duced the BRIDGE Act to provide one You have to have that kind of public users are going to pay back over 20 or more tool to create more incentive for partner, as well, to see what we could 30 years, once you have paid for what private sector partnerships, to do be to be even more competitive than you are doing now that has met all the things differently than we have done we are. When we looked at Germany requirements, you have to do it dif- them before. If we are going to get dif- and other countries, they were not only ferently than what that silly rule ferent results, we have to do different doing this sort of thing, but they were would have said, because it would have things. If we do just exactly what we doing it in a way that made it really said you have to pay for what you al- have been doing, we are going to get hard for us sometimes to keep up with ready have, but you have to also be just exactly what we have been get- that level of interaction between inno- paying for what you immediately had ting. vation and manufacturing, innovation to replace it with. So as the President focuses, I think and labor. This would have been like if you had properly, on the kinds of American jobs Businesses are really very much im- the CAFE standards, the miles-per-gal- that create stronger families and more pacted, jobs are very much impacted by lon standards, if that same agency opportunities, we don’t want to lose

VerDate Sep 11 2014 06:05 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.031 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4107 this week without also thinking about With that, I yield the floor. willingness to serve as the corporate those jobs, thinking about the 12.3 mil- I suggest the absence of a quorum. rubberstamp that President Trump lion Americans who work at making The PRESIDING OFFICER. The wants. Mr. Bernhardt is a walking con- things, thinking about the more than a clerk will call the roll. flict of interest who has taken one spin quarter of a million Missourians who The senior assistant legislative clerk through the revolving door, and now he do that. Think about the others who proceeded to call the roll. is coming back around again for a sec- work at growing things and how an Ms. WARREN. Mr. President, I ask ond pass. economy that makes things and grows unanimous consent that the order for The Deputy Secretary serves at the things is a stronger economy than an the quorum call be rescinded pleasure of the President. But a Deputy The PRESIDING OFFICER. Without economy where people just trade serv- Secretary—the No. 2 at the Depart- objection, it is so ordered. ices with each other. There is nothing ment—is, first and foremost, bound to Ms. WARREN. Mr. President, I rise serve the American people and the mis- wrong with trading services, but if you today to oppose the nomination of do that on top of a productive econ- David Bernhardt as the next Deputy sion of the Department. No President omy, it has a much better likelihood Secretary of the Interior. is properly served by a corporate yes- for everyone involved to serve the peo- Mr. Bernhardt has shown that he is man, and Mr. Bernhardt’s yes-man ple who provide the services, as well as unwilling to fight for the long-term mentality was on full display during the people who are out there making conservation of our public lands and his confirmation hearing. things that are competitive in the the responsible use of our public re- When my colleague from Minnesota, world to have better opportunities. sources. By his own admission, he in- Senator AL FRANKEN, questioned Mr. I appreciate the President and Vice tends to be a big business yes-man for Bernhardt about climate change at his President this week calling attention the Trump administration’s extreme nomination hearing, he was all too to that important part of what we do disregard for our environment and the willing to dismiss the urgency of cli- as we move toward transportation and human lives that are affected. mate change, and he pushed aside the infrastructure and other things. President Trump promised to drain responsibility of the Department of the THOUGHTS AND PRAYERS FOR SENATOR MCCAIN the swamp of DC, but with each day of Interior to act. In defiance of accepted Mr. President, while I am on the this administration, this Republican- climate science, he stated: floor, I want to mention for just a controlled Senate approves yet another This President ran, he won on a particular minute our friend, JOHN MCCAIN. I corporate insider to help out big busi- policy perspective. That perspective’s not know lots of prayers have been said for ness. The decision to nominate Mr. going to change to the extent we have the Senator MCCAIN and his family. Lots of Bernhardt is no exception. He is an- discretion under the law to follow it. stories today have been told and trad- other conflict-ridden, climate-dis- In other words, don’t bother me with ed, and there are lots of stories to tell. missing Trump appointee who favors the facts; we will just stick to what- When I was in the House for 14 years, profits over people. ever President Trump tells us to do. I was often in brief meetings with Sen- Let’s look at his record. Mr. Bern- But the rest of us can’t ignore the ator MCCAIN. Frankly, I never grew to hardt has extensive political experi- facts. Our planet is getting hotter. The appreciate him anywhere near like I ence in the Department of the Interior last 16 years were all among the hot- did when I had a chance to begin to under the Bush administration, but in test 17 years on record, and our seas work with him every day. For me, at his tenure at the Department, includ- are rising at an alarming rate. Our least, he was an acquired taste. It took ing the 2 years he oversaw the ethics coasts are threatened by furious storm time to really see his strength, his te- division, the Department was awash in surges that can sweep away homes and nacity, and to understand that irasci- ethical scandals and scientific mis- devastate even our largest cities. Our bility was just part of who he is and conduct. economically disadvantaged commu- part of his determination to make the And what did he do after he left gov- nities, too often situated in low-lying country and the Congress and the Sen- ernment service? He scooted off to a lu- floodplains, are one bad storm away ate better. crative lobbying firm to help Big Oil from destruction. Our naval bases are It would be hard to find anyone more and other extraction companies maxi- under attack—not by enemy ships but determined or less fearful. In fact, mize their profits by expanding off- by rising seas. Our food supplies and someone in a recent debate in the last shore drilling and delaying air pollu- forests are threatened by droughts and year or so said that Senator MCCAIN tion limits on coal plants, regardless of wildfires that are becoming so common had—I think a reporter said that Sen- the impact that would have on our across the country that they barely ator MCCAIN had done something be- children’s future. even make the evening news. cause he was afraid to do the other Even Mr. Bernhardt isn’t proud of his The effects of manmade climate thing. When asked about it, Senator own record. Prior to his nomination, change are all around us, and things MCCAIN said: Well, it has been a long his lobbying firm bio bragged about re- will only continue to get worse at an time since I was afraid. cently helping corporations fight accelerating pace if we don’t do some- He is a man who served his country against the Endangered Species Act, thing about it. We can act, and one im- day after day after day, and still does; supporting corporate interests in off- portant step is saying no to corporate a believer in what we stand for; some- shore drilling and exploration for fossil raiders who are seeking to exploit pub- one who has traveled all over the fuels, and helping mining companies lic lands and gamble with our chil- world, as I have had a chance to travel pursue public lands for development. dren’s future. to dangerous spots and other places. He openly bragged about recently rep- President Trump thinks leadership is Over and over again, as I would get resenting ‘‘an entity under investiga- handing over management of our pub- there, people would say: Here is what tion by a Federal Agency’’ and ‘‘enti- lic lands to Big Oil and Big Coal execu- Senator MCCAIN had to say when he ties accused of violating the Depart- tives who are looking to stuff their was here. Here is what Senator MCCAIN ment of the Interior’s regulations.’’ He pockets while the getting is good. Mr. did when he was here. Senator MCCAIN swaggered through Washington. That Bernhardt, a seasoned advocate for cor- was here last week. He was there, al- is, he swaggered right up until he was porate interests, seems all too eager to ways proud of the independence and de- under consideration for the No. 2 spot please this President and corporate in- termination and democracy and free- at Interior. Now that he is in the pub- terests, no matter the cost to the dom that he stands for. lic spotlight, he has scrubbed all those American people. If President Trump’s We all know he is in a fight right pro-industry, pro-pollution references highest ranking agency officials are now, but we all also know he is a fight- from his bio. Now that the public is not brave enough to speak even a little er. He is not a man who surrenders. I paying attention, he is putting out a truth to power about this President’s know the prayers of not only the Sen- clean image of a public servant who climate delusions, then, who will? ate but so many people all over the just happens to advise big corporations The American people deserve leader- country and, frankly, all over the from time to time. ship at the Department of the Inte- world go out to help JOHN MCCAIN as he Beyond the ties Mr. Bernhardt still rior—leadership that is committed to faces this fight. has to industry, I am alarmed by his ensuring that our public resources and

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.033 S20JYPT1 S4108 CONGRESSIONAL RECORD — SENATE July 20, 2017 our public lands are preserved for fu- cational opportunities for children and war. The civilian workers, including ture generations of Americans. The youth who are experiencing homeless- many Idahoans, working for Morrison American people deserve leadership ness. The law requires States and Knudsen Company, building infrastruc- that fights back when the President school districts to remove barriers that ture on the island, when it was at- seeks to cut thousands of jobs at the homeless children and youth face in re- tacked the same day as the attack on Department of the Interior or offers a ceiving a high-quality education. In Pearl Harbor, immediately became sol- budget that critically undermines the the years since the McKinney-Vento diers. Their service cannot be forgot- Department’s mission and threatens Act was passed, hundreds of thousands ten. I thank all those who have helped our public lands. of young people experiencing homeless- keep the memories of those who served The American people deserve leader- ness have received the supports they on Wake Island alive. ship at the Department of the Inte- need in order to attend school, grad- In Veterans Memorial Park in Boise, rior—leadership that works for the peo- uate, and secure a well-paying job that a memorial honoring Americans who ple—and that is not David Bernhardt. can provide for their families. served on Wake Island gives the fol- I yield the floor. I am proud to have introduced and lowing account: ‘‘Five hours after I suggest the absence of a quorum. seen enacted legislation to remove bar- bombing Pearl Harbor on December The PRESIDING OFFICER (Mr. riers and provide support to homeless 7th, 1941, Japanese forces attacked BLUNT). The clerk will call the roll. children and youth, from early child- Wake Island, a tiny island midway be- The senior assistant legislative clerk hood through postsecondary education. tween Hawaii and Japan. The United proceeded to call the roll. Many of these laws have codified best States was constructing a runway es- Mr. MCCONNELL. Mr. President, I practices pioneered by dedicated Wash- sential for planes to refuel on their ask unanimous consent that the order ington State educators determined to way through the area. There were 449 for the quorum call be rescinded. make a difference for homeless chil- Marines, 68 Sailors, 6 Army Air Corps, The PRESIDING OFFICER. Without dren and youth. and 1146 civilians employed by the objection, it is so ordered. I have fought and continue to fight Boise-based Morrison Knudsen Com- for funding that makes a difference for f pany on the island. Approximately 250 homeless children and youth, veterans of the MK workers were from Idaho. LEGISLATIVE SESSION and other adults, and families experi- For 15 days the military and civilians encing homelessness. I ask my col- bravely defended the island from the leagues to join me in celebrating the Japanese forces. Wake Island fell to MORNING BUSINESS success of the McKinney-Vento Act and the Japanese on December 23, 1941. Mr. MCCONNELL. Mr. President, I recognizing how far we still have to go ‘‘Following the battle, 98 civilian ask unanimous consent that the Sen- in order to solve our homelessness cri- construction workers were kept on ate be in a period of morning business, sis and make sure that every child in Wake Island to labor for the Japanese. with Senators permitted to speak our country has access to a quality When their work was complete, they therein for up to 10 minutes each. education no matter where they live, were forced to dig their own graves be- The PRESIDING OFFICER. Without how they learn, or how much money fore being executed. The remaining de- objection, it is so ordered. their parents make. fenders of the island, both military and (At the request of Mr. SCHUMER the f civilian, were taken as prisoners of war following statement was ordered to be RECOGNIZING THOSE WHO SERVED by the Japanese and held for 44 printed in the RECORD.) ON WAKE ISLAND months. These brave heroes endured exceedingly harsh conditions, serving f Mr. CRAPO. Mr. President, today I as slave labor for the Japanese govern- VOTE EXPLANATION wish to honor the servicemembers and ment in Japan and China. Many died in civilians who served on Wake Island in ∑ captivity. In 1981 the civilian MK em- Ms. STABENOW. Mr. President, due World War II, as the last gathering of to a family related matter in Michigan, ployees were granted Veteran status in the Survivors of Wake-Guam-Cavite, recognition of their service in the War I was unable to attend today’s rollcall Inc., is scheduled to be held in Boise in vote on the nomination of John K. of the Pacific . . .’’ September. Those who survived and returned Bush to be a United States circuit Survivors of the defense of Wake Is- judge for the Sixth Circuit. Had I been home have enriched our communities. land and their families have held an- Thank you to those who served on able to attend, I would have opposed nual reunions and other get-togethers his nomination. Wake Island and their families for the for the last nearly 71 years. Idaho be- immeasurable service you have given I also was unable to attend today’s came home to annual reunions of Wake rollcall vote on the motion to invoke to our country and for your enduring Island survivors and their families. examples of devotion and strength. cloture on the nomination of David Many of these gatherings have been or- Bernhardt to be Deputy Secretary of ganized by Alice Ingham, whose hus- f the Interior. Had I been able to attend, band was on Wake Island, but since ADDITIONAL STATEMENTS I would have voted no on the cloture many Wake Island survivors have now, motion.∑ unfortunately, passed away, the orga- f nization has decided to wind down their reunions, noting, ‘‘We would like TRIBUTE TO MAJOR RICHARD E. MCKINNEY-VENTO HOMELESS to honor all of our Wake men—the liv- HAGNER ASSISTANCE ACT ing, the deceased, and those who never ∑ Mr. COCHRAN. Mr. President, I am Mrs. MURRAY. Mr. President, July made it home from the war—with this pleased to commend MAJ Richard E. 22, 2017, marks the 30th anniversary of final reunion.’’ The last worker from Hagner for his dedication to duty and the enactment of the McKinney-Vento Idaho, Joe Goicoechea of Boise, passed service to the Nation as an Army con- Homeless Assistance Act, our Nation’s away this past year. gressional fellow and congressional landmark law designed to prevent and The astounding Americans who budget liaison for the Assistant Sec- address homelessness. Many commu- served on Wake Island and their fami- retary of the Army. Major Hagner was nities in my home State of Washington lies are lasting examples of courage recently selected for the Army’s pres- and across the country are confronting and resolve. The history of World War tigious Advanced Strategic Planning a surge in homeless and housing-inse- II and the bravery of the American and Policy Program and will be cure individuals, and the resources servicemembers who fought for our Na- transitioning from his present assign- brought to bear by McKinney-Vento tion and its allies are familiar parts of ment to begin doctoral studies at Van- are essential to continued progress. our collective national history, but an derbilt University. The McKinney-Vento Act also marked often overlooked part of this legacy is A native of Milwaukee, WI, Major the first time that Congress provided the service of the civilian workers on Hagner was commissioned as an infan- dedicated funding to ensure equal edu- Wake Island who were swept into the try officer after his graduation from

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G20JY6.034 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4109 North Georgia College and State Uni- RECOGNIZING ST. PAUL AFRICAN this month has done just that by hav- versity with a bachelor of science de- METHODIST EPISCOPAL CHURCH ing an outsized influence on the micro- gree. He subsequently earned master’s ∑ Mr. MANCHIN. Mr. President, I am electronic and lighting industries. As degrees in joint information operations proud to stand before you this evening chairman of the Senate Committee on from the Naval Postgraduate School to celebrate the 125th anniversary of Small Business and Entrepreneurship, I and legislative affairs from the George the founding of the St. Paul African am pleased to honor Rohinni as the Washington University. Methodist Episcopal Church. First Small Business of the Month for July Major Hagner has served in a broad built on Court Street in Charleston, 2017. range of assignments during his Army WV, St. Paul African Methodist Epis- The future is bright for this Coeur career. He has served as a rifle platoon copal Church has served as a bedrock of d’Alene based technology startup. leader, communications officer, and faith since its founding in 1892. Rohinni develops and manufactures network engineer, becoming instru- With humble beginnings, St. Paul LED lighting products. Described as mental to the success of his units from AME first organized in the basement of ‘‘the World’s Thinnest LED lighting,’’ the battalion to brigade level. Notably, the old Charleston courthouse under they allow light to be printed in any he has also commanded at the company the leadership of Rev. Lewis McGhee, shape, on any surface, and for any level in Mannheim, Germany, following Sr. One year later, construction began need. The company’s products have al- a demanding combat deployment to Af- on a permanent home, and in 1897, that ready been applied in many different ghanistan. His leadership has brought home was completed. fields, including transportation and great credit to the U.S. Army. The St. Paul African Methodist Epis- consumer electronics. In 2015, Major Hagner was selected to copal Church has been a leader of the Cofounders Cody Peterson and Andy be an Army congressional fellow, where community for its entire existence. In Huska first worked together creating he served in the offices of the late Con- the early 1900s, Rev. Francis Herman advanced force-sensing capacitive gressman Alan Nunnelee of Mississippi Gow formed the first African American membrane switches, touchpads, and and Congressman Steve Israel of New Boy Scout troop in Charleston. Rev- touchscreens for the Pacinian Corpora- York. I have had the privilege of work- erend Gow’s trailblazing did not just tion, which Mr. Peterson founded. With ing with him in his role as a congres- end there, and in 1915, Reverend Gow their extensive experience and back- sional budget liaison officer. In that established the Mattie V. Lee Home to ground in innovative technology prod- role, Richard ensured the Army’s budg- provide housing for African-American ucts, they began with a new, clever et positions were well represented be- women who travelled to Charleston in concept: Using a thin slice of conduc- fore the appropriations committees. search of work. tive material, they were able to dis- perse thousands of micro-LED diodes It has been a pleasure to have worked The Mattie V. Lee Home still stands to create glowing surfaces. With this with MAJ Richard Hagner. His leader- today under the direction of the new direction, Rohinni was born in ship, thoughtful judgment, and exem- Prestera Center, where it serves as an 2013. After further developing this in- plary work have been a positive influ- addiction treatment facility. Just as novative technique and obtaining 44 ence on his soldiers, peers, and superi- the Mattie V. Lee Home continues to patents, including one for the world’s ors throughout his career. I am pleased make a difference in the Charleston thinnest keyboard, Cody and Andy to recognize and commend his dedica- community so long after its founding mastered micro-LED placement. With tion to our Nation and service to the date, so too does the St. Paul African the help of some crucial venture cap- U.S. Congress as an Army congres- Methodist Episcopal Church. ital investments 2 years later, the co- sional liaison.∑ Today the St. Paul African Meth- odist Episcopal Church works to pro- founders turned their idea into a suc- cessful company and have even ex- f vide both healing and spiritual guid- ance in Charleston. Under the direction panded with a branch office in Austin, TX. Their new technology has been TRIBUTE TO JIM SINCLAIR of Rev. John Sylvia, the church serves free weekly dinners for all interested, successfully used in many products, in- ∑ Mr. DAINES. Mr. President, this and associate pastor Rev. Roberta cluding fabric, television displays, mo- week, I have the distinct honor of rec- Smith was involved in creating bile devices, and automotive displays. ognizing Jim Sinclair of Plains for the RESET, a group to foster positive dia- Rohinni’s creative efforts have been leadership he has provided to his com- logue between law enforcement, clergy, recognized by several business and munity in northwest Montana. As the and community of Charleston, WV. trade publications. As one of the found- senior pastor of his church, Jim has It is through these acts of positivity ers of the Semiconductor Caucus, I rec- provided a helping hand to others for and spiritual guidance that St. Paul ognize the importance that these over two decades. AME has flourished in the Charleston emerging technologies have on the ad- The people of Sanders County know community. I would like to thank Rev. vancement of our Nation’s scientific Jim and his wife, Renee, for the admi- John Sylvia and the entire congrega- progress, as we continue to move to- rable work their ministry has done to tion at St. Paul African Methodist wards manufacturing products that are support those in need. Before becoming Episcopal Church for their commit- simpler in design, more efficient, light- a pastor, Jim made a living harvesting ment to the Charleston community. I er in weight, and smaller in size. The timber, and those skills have been val- am proud of the work done by St. Paul innovation displayed by companies like uable with helping the most vulnerable AME, and I know that the church will Rohinni help to preserve our global members of their community stay continue to spread the Word of the competitive edge in the electronic, warm during the cold Montana winters. Lord for many more years to come.∑ semiconductor, and memory industries. It is my honor to recognize Cody In addition to distributing firewood, f Jim’s church harnesses the talents of Peterson and Andy Huska and the em- many volunteers in order to provide a RECOGNIZING ROHINNI ployees of Rohinni who have made last- food bank, soup kitchen, and clothing ∑ ing contributions to the electronics in- Mr. RISCH. Mr. President, today I dustry. You make our State proud, and bank. Jim’s hands on approach to min- would like to highlight the innovation, istry has empowered his community to I look forward to watching your con- creativity, and entrepreneurial spirit tinued growth and success.∑ help each other overcome challenges. that is found all across my home State Communities like Plains depend on of Idaho. Every month, I recognize a f folks like Jim and Renee, as well as the small business owner from one of our dozens of volunteers they have Idaho communities who embodies the mentored over the years. I thank them spirit of innovation and determination MESSAGES FROM THE PRESIDENT for all the hard work they have done in delivering a product or service that Messages from the President of the and wish them the best as their min- makes a substantial difference in the United States were communicated to istry continues to grow in the service lives of many Americans. The small the Senate by Ms. Ridgway, one of his of others.∑ business that I would like to highlight secretaries.

VerDate Sep 11 2014 05:59 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.027 S20JYPT1 S4110 CONGRESSIONAL RECORD — SENATE July 20, 2017 EXECUTIVE MESSAGES REFERRED tinue the national emergency declared EC–2266. A communication from the Sec- in Executive Order 13581 with respect retary of the Commodity Futures Trading In executive session the Presiding Of- Commission, transmitting, pursuant to law, ficer laid before the Senate messages to transnational criminal organiza- tions. the report of a rule entitled ‘‘Revisions to from the President of the United Freedom of Information Act Regulations’’ States submitting sundry nominations DONALD J. TRUMP. (RIN3038–AE57) received in the Office of the which were referred to the appropriate THE WHITE HOUSE, July 20, 2017. President of the Senate on July 10, 2017; to committees. f the Committee on Agriculture, Nutrition, (The messages received today are and Forestry. MESSAGES FROM THE HOUSE EC–2267. A communication from the Sec- printed at the end of the Senate pro- retary of Defense, transmitting the report of ceedings.) At 10:13 a.m., a message from the House of Representatives, delivered by three (3) officers authorized to wear the in- f Mrs. Cole, one of its reading clerks, an- signia of the grade of major general in ac- cordance with title 10, United States Code, PRESIDENTIAL MESSAGE nounced that the House has passed the section 777; to the Committee on Armed following bills, in which it requests the Services. concurrence of the Senate EC–2268. A communication from the Sec- REPORT RELATIVE TO THE CON- H.R. 2883. An act to establish a more uni- retary of Defense, transmitting the report of TINUATION OF THE NATIONAL form, transparent, and modern process to au- two (2) officers authorized to wear the insig- EMERGENCY WITH RESPECT TO thorize the construction, connection, oper- nia of the grade of major general in accord- SIGNIFICANT TRANSNATIONAL ation, and maintenance of international bor- ance with title 10, United States Code, sec- CRIMINAL ORGANIZATIONS THAT der-crossing facilities for the import and ex- tion 777; to the Committee on Armed Serv- port of oil and natural gas and the trans- ices. WAS ESTABLISHED IN EXECU- EC–2269. A communication from the Sec- TIVE ORDER 13581 ON JULY 24, mission of electricity. H.R. 2910. An act to provide for Federal and retary of Defense, transmitting the report of 2011—PM 14 State agency coordination in the approval of an officer authorized to wear the insignia of The PRESIDING OFFICER laid be- certain authorizations under the Natural the grade of rear admiral (lower half) in ac- fore the Senate the following message Gas Act, and for other purposes. cordance with title 10, United States Code, section 777; to the Committee on Armed from the President of the United Services. States, together with an accompanying At 2:57 p.m., a message from the House of Representatives, delivered by EC–2270. A communication from the Sec- report; which was referred to the Com- retary of Defense, transmitting a report on mittee on Banking, Housing, and Mr. Novotny, one of its reading clerks, the approved retirement of Vice Admiral Urban Affairs: announced that the House has passed Frank C. Pandolfe, United States Navy, and the following bills, in which it requests his advancement to the grade of vice admiral To the Congress of the United States: the concurrence of the Senate: on the retired list; to the Committee on Section 202(d) of the National Emer- H.R. 218. An act to provide for the ex- Armed Services. gencies Act (50 U.S.C. 1622(d)) provides change of Federal land and non-Federal land EC–2271. A communication from the Senior for the automatic termination of a na- in the State of Alaska for the construction Official performing the duties of the Under tional emergency unless, within 90 of a road between King Cove and Cold Bay. Secretary of Defense (Acquisition, Tech- days prior to the anniversary date of H.R. 2825. An act to amend the Homeland nology and Logistics), transmitting, pursu- Security Act of 2002 to make certain im- ant to law, a certification of the Advanced its declaration, the President publishes Arresting Gear (AAG) program; to the Com- in the Federal Register and transmits to provements in the laws administered by the Secretary of Homeland Security, and for mittee on Armed Services. the Congress a notice stating that the other purposes. EC–2272. A communication from the Senior emergency is to continue in effect be- Official performing the duties of the Under yond the anniversary date. In accord- f Secretary of Defense (Personnel and Readi- ance with this provision, I have sent to MEASURES REFERRED ness), transmitting, pursuant to law, the an- the Federal Register for publication the nual report of the National Security Edu- The following bills were read the first cation Program for fiscal year 2016; to the enclosed notice stating that the na- and the second times by unanimous Committee on Armed Services. tional emergency with respect to sig- consent, and referred as indicated: EC–2273. A communication from the Acting nificant transnational criminal organi- Assistant Secretary of the Army (Acquisi- H.R. 218. An act to provide for the ex- zations declared in Executive Order tion, Logistics and Technology), transmit- change of Federal land and non-Federal land ting, pursuant to law, a report relative to 13581 of July 24, 2011, is to continue in in the State of Alaska for the construction Army Industrial Facilities Cooperative Ac- effect beyond July 24, 2017. This notice of a road between King Cove and Cold Bay; tivities with Non-Army Entities for Fiscal superseded the notice regarding this to the Committee on Energy and Natural Re- Year 2016; to the Committee on Armed Serv- topic submitted to the Federal Register sources. ices. H.R. 2825. An act to amend the Homeland on July 19, 2017. EC–2274. A communication from the Gen- Security Act of 2002 to make certain im- The activities of significant eral Counsel of the Federal Housing Finance provements in the laws administered by the transnational criminal organizations Agency, transmitting, pursuant to law, the Secretary of Homeland Security, and for have reached such scope and gravity report of a rule entitled ‘‘Minority and other purposes; to the Committee on Home- Women Inclusion Final Rule’’ (RIN2590– that they threaten the stability of land Security and Governmental Affairs. AA78) received during adjournment of the international political and economic H.R. 2883. An act to establish a more uni- Senate in the Office of the President of the systems. Such organizations are in- form, transparent, and modern process to au- Senate on July 14, 2017; to the Committee on thorize the construction, connection, oper- creasingly sophisticated and dangerous Banking, Housing, and Urban Affairs. to the United States; they are increas- ation, and maintenance of international bor- EC–2275. A communication from the Sec- ingly entrenched in the operations of der-crossing facilities for the import and ex- retary of the Interior, transmitting, pursu- foreign governments and the inter- port of oil and natural gas and the trans- ant to law, a report entitled ‘‘Quality of national financial system, thereby mission of electricity; to the Committee on Water, Colorado River Basin, Progress Re- Energy and Natural Resources. port No. 25’’; to the Committee on Energy weakening democratic institutions, de- H.R. 2910. An act to provide for Federal and grading the rule of law, and under- and Natural Resources. State agency coordination in the approval of EC–2276. A communication from the Direc- mining economic markets. These orga- certain authorizations under the Natural tor of the Regulatory Management Division, nizations facilitate and aggravate vio- Gas Act, and for other purposes; to the Com- Environmental Protection Agency, transmit- lent civil conflicts and increasingly fa- mittee on Commerce, Science, and Transpor- ting, pursuant to law, the report of a rule en- cilitate the activities of other dan- tation. titled ‘‘Air Plan Approval; Illinois; NAAQS gerous persons. f Updates’’ (FRL No. 9964–97–Region 5) re- The activities of significant ceived during adjournment of the Senate in EXECUTIVE AND OTHER the Office of the President of the Senate on transnational criminal organizations COMMUNICATIONS continue to pose an unusual and ex- July 14, 2017; to the Committee on Environ- ment and Public Works. traordinary threat to the national se- The following communications were EC–2277. A communication from the Direc- curity, foreign policy, and economy of laid before the Senate, together with tor of Congressional Affairs, Office of New the United States. Therefore, I have de- accompanying papers, reports, and doc- Reactors, Nuclear Regulatory Commission, termined that it is necessary to con- uments, and were referred as indicated: transmitting, pursuant to law, the report of

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.012 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4111 a rule entitled ‘‘Generic Aging Lessons USCG–2017–0468)) received in the Office of the Whereas, The Affordable Care Act man- Learned for Subsequent License Renewal Ap- President of the Senate on July 18, 2017; to dates health insurance coverage for immuni- plications for Nuclear Power Plants’’ the Committee on Commerce, Science, and zation vaccines for children, including, with- (NUREG–2191, Volumes 1 and 2; and NUREG– Transportation. out limitation, diphtheria, tetanus, per- 2192) received during adjournment of the EC–2288. A communication from the Attor- tussis, influenza, measles and rotavirus; and Senate in the Office of the President of the ney-Advisor, U.S. Coast Guard, Department Whereas, The Affordable Care Act includes Senate on July 14, 2017; to the Committee on of Homeland Security, transmitting, pursu- many other benefits and protections to en- Environment and Public Works. ant to law, the report of a rule entitled sure access to health care by all; and EC–2278. A communication from the Board ‘‘Navigation and Navigable Waters, and Whereas, A number of national leaders of Trustees of the Federal Hospital Insurance Shipping: Technical, Organizational, and have proposed repealing the Affordable Care and Federal Supplementary Medical Insur- Conforming Amendments’’ (Docket No. Act during the 115th Congress without a plan ance Trust Funds, transmitting, pursuant to USCG–2016–0498) received in the Office of the to replace the Affordable Care Act which law, the Board’s 2017 Annual Report; to the President of the Senate on July 18, 2017; to adequately protects the thousands of Nevad- Committee on Finance. the Committee on Commerce, Science, and ans who benefit from or may not have access EC–2279. A communication from the Board Transportation. to health insurance coverage without the of Trustees of the Federal Hospital Insurance f Act; and and Federal Supplementary Medical Insur- Whereas, Repealing the Affordable Care ance Trust Funds, transmitting, pursuant to PETITIONS AND MEMORIALS Act without establishing mechanisms to pre- law, the Board’s 2017 Annual Report; to the The following petitions and memo- serve the significant improvements and pro- Committee on Finance. rials were laid before the Senate and tections afforded by the law, and without EC–2280. A communication from the Acting were referred or ordered to lie on the adequately providing for those who stand to Assistant Secretary for Legislation, Depart- lose their health insurance coverage upon re- ment of Health and Human Services, trans- table as indicated: peal, will have significant detrimental ef- mitting, pursuant to law, a report entitled POM–68. A joint resolution adopted by the fects on individuals and their families, on ‘‘Report to Congress on the Nurse Education, Legislature of the State of Nevada urging the health care industry in general and on Practice, Quality, and Retention Program’’ the United States Congress not to repeal the the overall economic well-being of both Ne- for fiscal year 2016; to the Committee on Patient Protection and Affordable Care Act vada and the nation as a whole: Now, there- Health, Education, Labor, and Pensions. or its most important provisions; to the fore, be it EC–2281. A communication from the Acting Committee on Finance. Resolved by the Assembly and Senate of the Assistant Secretary for Legislation, Depart- ASSEMBLY JOINT RESOLUTION NO. 9 State of Nevada Jointly, That the members of ment of Health and Human Services, trans- Whereas, In 2010, the Patient Protection the 79th Session of the Nevada Legislature mitting, pursuant to law, a report entitled and Affordable Care Act (Public Law 111–148), hereby urge Congress to fully preserve the ‘‘Fiscal Year 2015 and Fiscal Year 2016 Dis- commonly known as the Affordable Care critical benefits afforded by the Affordable tribution of Funds Under Section 330 of the Act, was passed by Congress and signed into Care Act which many Nevadans have come Public Health Service Act Report to Con- law by President Barack Obama; and to rely upon; and be it further gress’’; to the Committee on Health, Edu- Whereas, The Affordable Care Act estab- Resolved, That Congress should not repeal cation, Labor, and Pensions. lished a comprehensive series of health in- the Affordable Care Act so that these essen- EC–2282. A communication from the Acting surance reforms designed to make universal, tial programs remain available to future Assistant Secretary for Elementary and Sec- affordable health insurance coverage avail- generations of Nevadans; and be it further ondary Education, Department of Education, able to all Americans, while also controlling Resolved, That the Chief Clerk of the As- transmitting, pursuant to law, the report of rising health care costs and ending certain sembly prepare and transmit a copy of this a rule entitled ‘‘Elementary and Secondary common industry practices that limited ac- resolution to the Vice President of the Education Act of 1965, as Amended by the cess to health insurance coverage; and United States, as the presiding officer of the Every Student Succeeds Act—Accountability Whereas, The Affordable Care Act ex- United States Senate, the Speaker of the and State Plans’’ ((RIN1810–AB27) (Docket panded access to health insurance coverage United States House of Representatives and No. ED–2016–OESE–0032)) received in the Of- by creating health insurance marketplaces, each member of the Nevada Congressional fice of the President pro tempore of the Sen- allowing children to stay on a parent’s Delegation; and be it further ate; to the Committee on Health, Education, health insurance plan until the age of 26 Resolved, That this resolution becomes ef- Labor, and Pensions. years, expanding Medicaid and establishing a fective upon passage. EC–2283. A communication from the Chair- system of tax credits and penalties designed man of the Council of the District of Colum- to both encourage consumers to purchase in- POM–69. A resolution adopted by the House bia, transmitting, pursuant to law, a report dividual health insurance coverage and pro- of Representatives of the State of Michigan on D.C. Act 22–97, ‘‘Fiscal Year 2017 Revised vide incentives to businesses to encourage supporting and encouraging the Inter- Local Budget Temporary Adjustment Act of them to provide health insurance coverage national Criminal Court to conduct an inde- 2017’’; to the Committee on Homeland Secu- to employees; and pendent investigation into the human rights rity and Governmental Affairs. Whereas, The Affordable Care Act pro- violations allegedly occurring in the EC–2284. A communication from the Chair- hibits an insurer from denying health insur- Chechen Republic of Russia; to the Com- man of the Council of the District of Colum- ance coverage to a person on the basis of a mittee on Foreign Relations. bia, transmitting, pursuant to law, a report preexisting condition, prohibits an insurer HOUSE RESOLUTION NO. 79 on D.C. Act 22–99, ‘‘Fiscal Year 2018 Local from rescinding coverage, eliminates life- Whereas, A formal complaint has been Budget Act of 2017’’; to the Committee on time and annual limits on coverage, requires filed with the International Criminal Court Homeland Security and Governmental Af- all marketplace plans to provide coverage alleging horrific harms inflicted on gay men fairs. for 10 essential health benefits, including in the Chechen Republic of Russia. The com- EC–2285. A communication from the Chief preventative care, establishes a mechanism plaint cites abuses stemming from both gov- of the Regulatory Coordination Division, Of- for consumers to appeal determinations re- ernmental actions as well as so-called fice of Policy and Strategy, Department of garding coverage and establishes a system to ‘‘honor killings’’ by members of the men’s Homeland Security, transmitting, pursuant assist consumers in navigating the health in- own families; and to law, the report of a rule entitled ‘‘Exer- surance marketplace; and Whereas, The Chechen Republic of Russia cise of Time-Limited Authority to Increase Whereas, The Affordable Care Act addi- has denied that any abuses have occurred, the Fiscal Year 2017 Numerical Limitation tionally provides incentives to expand the and have further denied that gay men exist for the H–2B Temporary Nonagricultural number of primary health care providers and within the Chechen Republic. Russia has Worker Program’’ (RIN1615–AC12) received in encourages them to serve in medically un- begun an internal investigation into the al- the Office of the President of the Senate on derserved areas, promotes alternative pay- leged abuses; and July 18, 2017; to the Committee on the Judi- ment methodologies designed to improve the Whereas, Every human being has the right ciary. value of care and encourages patients to use to life and to be free from bodily integrity EC–2286. A communication from the Chief community-based resources and other serv- abuses by their government. These basic Financial Officer and the Chief Operating Of- ices intended to reduce unnecessary hos- human rights include the right to be free ficer of the National Tropical Botanical Gar- pitalizations and inappropriate emergency from torture and other forms of cruel and den, transmitting, pursuant to law, a report department use; and unusual punishment; and relative to an audit of the Garden for the pe- Whereas, The Affordable Care Act further Whereas, The International Criminal Court riod from January 1, 2016, through December mandates health insurance coverage for should not stand idly by if severe violations 31, 2016; to the Committee on the Judiciary. colorectal cancer screening tests for persons of basic human rights have in fact occurred EC–2287. A communication from the Attor- who are between 50 and 75 years of age, mam- against residents of one of its member na- ney-Advisor, U.S. Coast Guard, Department mograms annually for women who are over tions. The International Criminal Court has of Homeland Security, transmitting, pursu- 40 years of age, and regular screenings of the authority to open an official investiga- ant to law, the report of a rule entitled women for cervical cancer and the human tion into the alleged violations occurring in ‘‘Safety Zone; Severn River, Sherwood For- papillomavirus vaccine to prevent cervical the Chechen Republic of Russia: Now, there- est, MD’’ ((RIN1625–AA00) (Docket No. cancer: and fore, be it

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.014 S20JYPT1 S4112 CONGRESSIONAL RECORD — SENATE July 20, 2017 Resolved by the House of Representatives, (1) Colorado continues to be a state where Whereas, Early learning programs, such as That we support and encourage the Inter- all individuals’ health remains a top pri- One Book 4 Colorado, which gives away 75,000 national Criminal Court io conduct an inde- ority, and Coloradans resist attempts to un- books each year to 4-year-olds statewide; pendent investigation into the human rights dermine the right to access reproductive Storyblocks.org, an online tool to help par- violations allegedly occurring in the health care; ents learn how to reinforce early learning Chechen Republic of Russia; and be it further (2) Access to comprehensive and affordable skills; and the statewide Summer Reading Resolved, That copies of this resolution be reproductive health care is critical to ensure Program that encourages children, teens, transmitted to the President of the Inter- that people have the information and serv- and adults to read and learn for fun, are all national Criminal Court, the President of ices to prevent unintended pregnancies, the funded through the IMLS; and the United States Senate, the Speaker of the support to have healthy pregnancies and be- Whereas, The IMLS funds support profes- United States House of Representatives, and come parents when they are ready, and the sional development programs like the Career the members of the Michigan congressional ability to raise their children in a safe and Online High School, which, when launched delegation. healthy environment and to be able to care this month, will help more than 200 adults in for their families with dignity; 17 libraries across the state earn high school POM–70. A resolution adopted by the House (3) State, county, and city health depart- diplomas and career experience, and the of Representatives of the State of Colorado ments shall promote policies to ensure ac- Highly Effective School Library program, relative to ensuring access to reproductive cess to a full range of reproductive health which helps schools provide tools for stu- care; to the Committee on Health, Edu- care, including abortion, and eliminate dis- dents to develop 21st century skills and meet cation, Labor, and Pensions. parities that prevent low-income women and academic standards; and Whereas, Essential library programs and HOUSE RESOLUTION 17–1005 women of color from seeking safe, high-qual- ity care; services, such as the Colorado Talking Book Whereas, Colorado has always been com- (4) Both public and private health insur- Library, Colorado’s historic newspaper col- mitted to a quality health care system and ance should cover the full range of reproduc- lection, the state’s institutional libraries, to creating policies that meet the health tive health care, including abortion; state publications, and many others all re- needs of women and families, including af- (5) Facilities and professionals providing ceive funding support through the IMLS; and fordable reproductive health services; and reproductive health services shall not be sub- Whereas, This vital funding from the IMLS Whereas, Colorado was the first state to jected to regulations that do not have a med- allows every Coloradan to have access to allow safe, legal abortion on a bipartisan ical benefit and that are more burdensome these programs and ensures that Colorado’s basis in 1967; and than those imposed on other facilities or rich diversity and culture is represented by Whereas, The American College of Obste- health care professionals that provide medi- libraries across the state, including the tricians and Gynecologists has stated that cally comparable procedures. Provision of Blair-Caldwell African American Research ‘‘[s]afe, legal abortion is a necessary compo- services should be based on the best medical Library in Denver’s historic Five Points nent of women’s health care’’, and health practices as developed by medical experts neighborhood that is devoted to preserving providers and associations affirm that good and supported by medical evidence. and showcasing the many contributions of access to reproductive health care deeply (6) All qualified health care professionals African Americans to Colorado and the West and positively impacts women’s lives and fu- shall be able to provide the full range of re- and is one of only five library institutions in tures; and productive health care, including abortion, the nation that encompasses a circulating Whereas, Reproductive health care is both and have access to appropriate medical collection, archive, and museum; and the safe and common. More than 90% of women training; and be it further Rodolfo ‘‘Corky’’ Gonzalez Branch Library, have used contraception, about three in ten Resolved, That copies of this Resolution be designed specifically to celebrate the diverse women will have an abortion in her lifetime, sent to President Donald J. Trump; Vice and culturally rich community of West Den- and more than half of women will have a President Mike Pence; Paul Ryan, Speaker ver; and be it child at some point in their lives. of the United States House of Representa- Resolved by the House of Representatives of Whereas, People may disagree with the de- tives; Orrin Hatch, President Pro Tempore of the Seventy-first General Assembly of the State cision to seek an abortion, but it is a deci- the United States Senate; Governor John W. of Colorado: sion that each person should make for them- Hickenlooper; Dr. Larry Wolk, Executive Di- That we, the members of the Colorado selves with the counsel of their health pro- rector, Colorado Department of Public House of Representatives: viders, their families, and their faiths; and Health and Environment; and the members (1) Declare our support and appreciation Whereas, Rates of maternal mortality are of Colorado’s Congressional Delegation. for Colorado libraries and staff; and decreasing around the world, but increasing (2) Recognize that the invaluable public in the United States for women of color who services and programs provided by Colorado POM–71. A resolution adopted by the House face an alarming and disparate rate of preg- libraries and staff cannot be sustained with- of Representatives of the State of Colorado nancy complications and maternal mor- out the funding support of the federal Insti- relative to recognizing the importance of tality; and tute of Museum and Library Services; and be Colorado libraries; to the Committee on Whereas, Restrictions on the availability it further Health, Education, Labor, and Pensions. of reproductive health care and limits on Resolved, That copies of this Resolution be health coverage, such as policies denying in- HOUSE RESOLUTION 17–1008 sent to Donald Trump, President of the surance coverage for reproductive health Whereas, Colorado libraries are a vital and United States; Mike Pence, Vice President of services, have a disparate impact on low-in- essential public resource that provide free the United States; John Hickenlooper, Gov- come women and women of color and their and equal access to educational and rec- ernor of Colorado; the Colorado Association families; and reational material and enrich the lives of all of Libraries; the Colorado Department of Whereas, Obstacles to obtaining the best citizens; and Education; and the members of Colorado’s method of contraception for each person’s Whereas, Libraries play a critical role in Congressional delegation. unique health and life circumstances remain democracy and community development by a barrier to many; and promoting civil discourse and empowering POM–72. A concurrent resolution adopted Whereas, Low-income women and women citizens to learn, imagine, and succeed; and by the Legislature of the State of Louisiana of color face a higher rate of unintended Whereas, Libraries across Colorado lead memorializing the United States Congress to pregnancy, so ensuring access to contracep- the way in developing new and innovative pass the Trickett Wendler Right to Try Act tion is a critical part of helping to address ways of meeting the needs of and uniting the of 2017; to the Committee on Health, Edu- health disparities in marginalized commu- state’s increasingly diverse population; and cation, Labor, and Pensions. nities; and Whereas, Colorado receives $2.7 million an- HOUSE CONCURRENT RESOLUTION NO. 18 Whereas, An inability or difficulty to con- nually from the federal Institute of Museum Whereas, state legislatures across the ceive is not only emotionally difficult for and Library Services (IMLS) for library serv- United States have passed measures known people looking to start a family but can be ices and technology, which is roughly two- as ‘‘Right to Try’’ laws authorizing access by prohibitively expensive, so we must do more thirds of the State Library’s total oper- terminally ill patients to investigational to help people seeking to build their fami- ational costs; and drugs and other potentially life-saving meth- lies, regardless of sexual orientation or gen- Whereas, The IMLS is the main funding ods of treatment; and der identity; and source for more than 40 different Colorado li- Whereas, as of the date of filing of this Whereas, There is a continued need to ad- brary services and programs, yet costs less Resolution, at least thirty-three U.S. states, dress inequities in health care access and en- than 49 cents per resident; and including Louisiana, have established a sure culturally and linguistically appro- Whereas, One such program is the Check Right to Try law; and priate training of health providers: Now, Out Colorado State Parks program, now in Whereas, Louisiana’s Right to Try law, en- therefore, be it its second year. The program allows each li- acted through House Bill No. 891 (Act No. Resolved by the House of Representatives of brary to offer two Colorado state park passes 346) of the 2014 Regular Session, sets forth the Seventy-first General Assembly of the State and activity backpacks to library patrons. the following legislative findings: of Colorado: The program was used almost 4,000 times (1) The process of approval for investiga- That we, the members of the Colorado total, or more than 165 times a week in the tional drugs, biological products, and devices House of Representatives, find that: first six months; and in the United States often takes many years.

VerDate Sep 11 2014 04:42 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.031 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4113 (2) A terminally ill patient does not have nomic output for Colorado and the United state when he wrote, ‘‘I cannot sit idly by in the luxury of waiting for an investigational States; and Atlanta and not be concerned about what drug, product, or device to receive final ap- Whereas, BKB Limited, BornFit, Denver happens in Birmingham. Injustice anywhere proval from the U.S. Food and Drug Admin- Scrap Metal Recycling, Hallucination is a threat to justice everywhere.’’; and istration (FDA); and Sports, H.E.A.T. Inc., Lifted From The Rut, Whereas, Rev. Dr. King withstood attacks Whereas, this law (R.S. 40:1169.1 et seq.) the Hornbuckle Foundation, Prison Fellow- on his home and family, among numerous provides that, subject to certain conditions, ship, Second Chances Denver, The Shores other threats and setbacks, standing firm in terminally ill patients in Louisiana are au- Treatment & Recovery, TRIBE Recovery his conviction that although the arc of the thorized to use drugs, biological products, Services, and Youth for Christ sponsored the moral universe is long, it bends towards jus- and devices that have successfully completed annual Second Chances 5k on Saturday, tice; and phase one of an FDA-approved clinical trial April 8, 2017, in Denver, Colorado, in order to Whereas, Rev. Dr. King led the Mont- but which remain under investigation in the raise awareness of the obstacles that people gomery bus boycott, a 13-month protest be- clinical trial process and have not yet been with a criminal record face and to provide ginning in 1955, against the segregated city approved by the FDA for general use; and opportunities for members of the community bus lines; and Whereas, the Trickett Wendler Right to to run or walk in honor of second chances; Whereas, The Montgomery bus boycott led Try Act of 2017 has been introduced in the and to the integration of the Montgomery city One Hundred Fifteenth United States Con- Whereas, April 21, 2012, is the anniversary bus system and is widely credited as the be- gress as S. 204 and would codify in federal of the death of Charles Colson, who used his ginning of the civil rights movement in America; and law the essential provisions of the Right to second chance following his incarceration for Whereas, In 1957, Rev. Dr. King was elected Try laws of Louisiana and other states; and a Watergate-related crime to found Prison president of the Southern Christian Leader- Whereas, a key function of this legislation Fellowship, the nation’s largest Christian ship Conference, an organization formed to is to bar the federal government from pro- nonprofit serving prisoners and their fami- provide leadership for the burgeoning civil hibiting or restricting the production, manu- lies; and rights movement; and facture, distribution, prescribing, or dis- Whereas, The designation of April as ‘‘Sec- Whereas, Between 1957 and 1968, Rev. Dr. pensing of an experimental drug, biological ond Chance Month’’ can increase public King spoke more than 2,500 times, wrote 5 product, or device that is intended to treat a awareness about the need for closure for books as well as numerous articles, led pro- terminally ill patient and is authorized by those with a criminal record and about op- tests, helped register African American vot- and in accordance with state law; and portunities to provide second chances: Now, ers, was arrested more than 20 times, was Whereas, the Trickett Wendler Right to therefore, be it awarded 5 honorary degrees, was named Man Try Act of 2017 and the Right to Try law of Resolved by the House of Representatives of of the Year by Time magazine, and became Louisiana affirm the fundamental right of a the Seventy-first General Assembly of the State the symbolic leader of the African American patient with a terminal illness to attempt to of Colorado, the Senate concurring herein: community as well as a world figure; and preserve his own life by accessing available That we, the members of the Colorado Gen- Whereas, On August 28, 1963, Rev. Dr. King investigational drugs, biological products, eral Assembly: directed the March on Washington, wherein and devices; and that the decision to pursue (1) Designate April 2017 as ‘‘Second Chance more than 200,000 Americans gathered in the such a course of treatment is one that right- Month’’; name of equality and civil rights and which fully should be made by a terminally ill pa- (2) Honor the work of communities, gov- culminated in Rev. Dr. King’s historic ‘‘I tient in consultation with his physician, and ernmental institutions, nonprofits, con- Have a Dream’’ speech; and not by the government: Now, therefore, be it gregations, employers, and individuals in re- Whereas, The leadership of Rev. Dr. King Resolved, that the Legislature of Louisiana moving unnecessary legal and societal bar- was instrumental in bringing about land- does hereby memorialize the United States riers that prevent individuals with a crimi- mark legislation, such as the ‘‘Civil Rights Congress to pass the Trickett Wendler Right nal record from becoming productive mem- Act of 1964’’, which prohibited segregation in to Try Act of 2017; and be it further bers of society; and public accommodations and facilities and Resolved, that a copy of this Resolution be (3) Call upon the people of Colorado to ob- banned discrimination based on race, color, transmitted to the presiding officers of the serve ‘‘Second Chance Month’’ through ac- or national origin, and the ‘‘Voting Rights Senate and the House of Representatives of tions and programs that promote awareness Act of 1965’’, which eliminated remaining the Congress of the United States of America of the ‘‘second prison’’ and provide second legal barriers to voting for disenfranchised and to each member of the Louisiana con- chances for those who have paid their debt; African American voters; and gressional delegation. and be it further Whereas, In 1964, Rev. Dr. King was award- Resolved, That copies of this Joint Resolu- ed the Nobel Peace Prize for his tireless and POM–43. A joint resolution adopted by the tion be sent to Donald Trump, President of selfless work in the pursuit of justice for Af- General Assembly of the State of Colorado the United States; Mike Pence, Vice Presi- rican Americans and other oppressed people designating April 2017 as ‘‘Second Chance dent of the United States; Jeff Sessions, At- in America; and. Month’’; to the Committee on the Judiciary. torney General of the United States; John Whereas, Rev. Dr. King’s 13 years of non- HOUSE JOINT RESOLUTION 17–1026 Hickenlooper, Governor of Colorado; Donna violent leadership ended abruptly and trag- Lynne, Lieutenant Governor of Colorado; ically when, on April 4, 1968, he was assas- Whereas, Every person is endowed with Rick Raemisch, Executive Director of the sinated while standing on the balcony of the human dignity; and Colorado Department of Corrections; BKB Lorraine Motel in Memphis, Tennessee; and Whereas, Redemption and second chances Limited; BornFit; Denver Scrap Metal Recy- Whereas, Rev. Dr. King’s life and work con- are American values; and cling; Hallucination Sports; H.E.A.T. Inc.; tinue to echo in our lives as we strive to Whereas, An estimated 65 million Amer- Lifted From The Rut; the Hornbuckle Foun- reach the lofty goal he set when he said, ican citizens have a criminal record; and dation; Prison Fellowship; Second Chances ‘‘Let us all hope that the dark clouds of ra- Whereas, Eighty-six thousand people are Denver; The Shores Treatment & Recovery; cial prejudice will soon pass away and the currently incarcerated or under the super- TRIBE Recovery Services; Youth for Christ; deep fog of misunderstanding will be lifted vision of the Colorado Department of Correc- and the members of Colorado’s Congressional from our fear-drenched communities, and in tions, and data shows that approximately 95 delegation. some not too distant tomorrow the radiant percent of those in state prison will be re- stars of love and brotherhood will shine over leased to their communities; and POM–74. A resolution adopted by the House our great nation with all their scintillating Whereas, Individuals with a criminal of Representatives of the State of Colorado beauty.’’; and record often face a ‘‘second prison’’ of sig- concerning the commemoration of the birth- Whereas, Rev. Dr. King’s birthday is a fed- nificant barriers, also known as collateral day of the Reverend Dr. Martin Luther King, eral holiday in the United States and a state consequences; and Jr.; to the Committee on the Judiciary. holiday in the state of Colorado, which is Whereas, Many of these collateral con- celebrated each year on the third Monday in HOUSE RESOLUTION 17–1004 sequences fail to provide any proven public January; and safety benefit, are mandatory, and take ef- Whereas, The Reverend Dr. Martin Luther Whereas, On Monday, January 16, 2017, we fect automatically, regardless of the serious- King, Jr., was born in Atlanta, Georgia, on celebrate the 31st anniversary of Rev. Dr. ness of the offense, the time passed since the January 15, 1929, graduated from Morehouse King’s holiday: Now, therefore, be it offense, or the individual’s efforts to make College with a Bachelor of Arts degree in Resolved by the House of Representatives of amends and earn back the public’s trust; and 1948, graduated from Crozer Theological the Seventy-first General Assembly of the State Whereas, The inability to find gainful em- Seminary in 1951, and received a Ph.D. from of Colorado: ployment and other collateral consequences Boston University in 1955; and That we, the members of the Colorado Gen- of conviction inhibit the economic mobility Whereas, Rev. Dr. King’s faith, resiliency, eral Assembly, hereby encourage appropriate of people with a criminal history, which neg- and commitment to justice became known observances, ceremonies, and activities to atively impacts the well-being of their chil- worldwide through his speeches, writings, commemorate the federal and state legal dren and families for generations; and and actions; and holiday honoring the Rev. Dr. Martin Luther Whereas, Collateral consequences con- Whereas, Rev. Dr. King declared that the King, Jr., throughout all cities, towns, coun- tribute to recidivism, increase victimization, moral responsibility to aid the oppressed did ties, school districts, and local governments decrease public safety, and result in lost eco- not stop at the edge of his street, town, or within Colorado; and be it further

VerDate Sep 11 2014 05:59 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.040 S20JYPT1 S4114 CONGRESSIONAL RECORD — SENATE July 20, 2017 Resolved, That copies of this Joint Resolu- Marine Corps nomination of Lt. Gen. Ken- Army nominations beginning with James tion be sent to President Barack Obama, neth F. McKenzie, Jr., to be Lieutenant Gen- C. Benson and ending with Jacob S. Loftice, Honorable Governor John Hickenlooper, the eral. which nominations were received by the Sen- Congressional Black Caucus, the National Marine Corps nomination of Lt. Gen. Vin- ate and appeared in the Congressional Black Caucus of State Legislators, and the cent R. Stewart, to be Lieutenant General. Record on June 15, 2017. members of Colorado’s congressional delega- Marine Corps nomination of Maj. Gen. Her- Army nomination of Timothy D. Litka, to tion: Senators Michael Bennet and Cory man S. Clardy III, to be Lieutenant General. be Lieutenant Colonel. Gardner and Representatives Diana DeGette, Army nomination of Lt. Gen. William C. Army nomination of Scott D. Blackwell, to Jared Polis, Scott Tipton, Ken Buck, Doug Mayville, Jr., to be Lieutenant General. be Colonel. Army nominations beginning with Michael Lamborn, Mike Coffman, and Ed Perlmutter. Army nomination of Maj. Gen. Richard D. Clarke, to be Lieutenant General. A. Adams and ending with D012118, which Navy nomination of Rear Adm. Frederick nominations were received by the Senate and POM–75. A resolution adopted by the City appeared in the Congressional Record on Council of the City of Oberlin, Ohio, to the J. Roegge, to be Vice Admiral. Marine Corps nomination of Maj. Gen. June 15, 2017. President of the United States opposing the Daniel J. O’Donohue, to be Lieutenant Gen- Army nominations beginning with Todd R. withdrawal of the United States from the eral. Anderson and ending with John F. Yanikov, Paris Climate Agreement; to the Committee Marine Corps nomination of Maj. Gen. Mi- which nominations were received by the Sen- on Foreign Relations. chael A. Rocco, to be Lieutenant General. ate and appeared in the Congressional f Marine Corps nomination of Lt. Gen. Mark Record on June 15, 2017. A. Brilakis, to be Lieutenant General. Army nominations beginning with Douglas REPORTS OF COMMITTEES Air Force nomination of Brig. Gen. John D. A. Allen and ending with Thomas K. Sarrouf, which nominations were received by the Sen- The following reports of committees Slocum, to be Major General. Air Force nomination of Brig. Gen. An- ate and appeared in the Congressional were submitted: thony J. Carrelli, to be Major General. Record on June 15, 2017. By Mr. HOEVEN, from the Committee on Air Force nomination of Brig. Gen. Sam C. Army nominations beginning with Charles Appropriations, without amendment: Barrett, to be Major General. E. Bane and ending with Matthew D. Wegner, S. 1603. An original bill making appropria- Army nominations beginning with Col. Mi- which nominations were received by the Sen- tions for Agriculture, Rural Development, chael N. Adame and ending with Col. Patrick ate and appeared in the Congressional Food and Drug Administration, and Related C. Thibodeau, which nominations were re- Record on June 15, 2017. Agencies programs for the fiscal year ending ceived by the Senate and appeared in the Army nomination of Dareen A. Douchi, to September 30, 2018, and for other purposes Congressional Record on July 13, 2017. be Major. Army nomination of Brandon J. Baer, to (Rept. No. 115–131). (minus 2 nominees: Col. Robert B. Davis; Col. be Lieutenant Colonel. By Mr. ALEXANDER, from the Committee Andrew M. Harris) Army nomination of Barry Murray, to be on Appropriations, without amendment: Army nominations beginning with Col. Lieutenant Colonel. S. 1609. An original bill making appropria- John C. Andonie and ending with Col. Cyn- Army nominations beginning with Francis tions for energy and water development and thia K. Tinkham, which nominations were K. Agyapong and ending with Sashi A. related agencies for the fiscal year ending received by the Senate and appeared in the Zickefoose, which nominations were received September 30, 2018, and for other purposes Congressional Record on July 13, 2017. by the Senate and appeared in the Congres- (Rept. No. 115–132). Army nominations beginning with Col. sional Record on June 15, 2017. Samuel AgostoSantiago and ending with Col. f Army nominations beginning with Joseph William L. Zana, which nominations were re- H. Afanador and ending with D013069, which EXECUTIVE REPORTS OF ceived by the Senate and appeared in the nominations were received by the Senate and COMMITTEES Congressional Record on July 13, 2017. appeared in the Congressional Record on Navy nomination of Rear Adm. (lh) Wil- June 15, 2017. The following executive reports of liam R. Merz, to be Vice Admiral. Army nominations beginning with Bert M. nominations were submitted: Mr. INHOFE for Mr. MCCAIN. Mr. Baker and ending with Maria R. S. Yates, which nominations were received by the Sen- By Mr. INHOFE for Mr. MCCAIN for the President, for the Committee on Armed ate and appeared in the Congressional Committee on Armed Services. Services I report favorably the fol- * David Joel Trachtenberg, of Virginia, to Record on June 15, 2017. lowing nomination lists which were Army nominations beginning with Breck be a Principal Deputy Under Secretary of printed in the RECORD on the dates in- S. Brewer and ending with Diana W. Weber, Defense. which nominations were received by the Sen- * Charles Douglas Stimson, of Virginia, to dicated, and ask unanimous consent, to ate and appeared in the Congressional be General Counsel of the Department of the save the expense of reprinting on the Executive Calendar that these nomina- Record on June 15, 2017. Navy. Army nominations beginning with Daniel * Owen West, of Connecticut, to be an As- tions lie at the Secretary’s desk for the F. Alemany and ending with Brittany E. sistant Secretary of Defense. information of Senators. Mccroan, which nominations were received * Ryan McCarthy, of Illinois, to be Under The PRESIDING OFFICER. Without by the Senate and appeared in the Congres- Secretary of the Army. objection, it is so ordered. sional Record on June 15, 2017. Air Force nomination of Lt. Gen. Steven L. Air Force nominations beginning with Wil- Army nomination of Wil B. Neubauer, to Kwast, to be Lieutenant General. liam John Ackman and ending with Michael be Colonel. * Air Force nomination of Gen. Paul J. D. Zollars, which nominations were received Army nomination of Mark C. Gillespie, to Selva, to be General. by the Senate and appeared in the Congres- be Colonel. Army nomination of Maj. Gen. Bruce T. Army nomination of Joseph M. sional Record on June 5, 2017. Crawford, to be Lieutenant General. Air Force nomination of Lisa E. Donovan, O’Callaghan, Jr., to be Colonel. Army nomination of Bret P. Van Poppel, Air Force nomination of Lt. Gen. John B. to be Major. Cooper, to be Lieutenant General. to be Colonel. Air Force nomination of Kirt L. Stallings, Army nomination of Aliya I. Wilson, to be Army nominations beginning with Col. to be Colonel. John B. Dunlap III and ending with Col. An- Major. Air Force nominations beginning with Mi- Army nomination of William O. Murray, to drew M. Roman, which nominations were re- chael G. Rhode and ending with Scott D. ceived by the Senate and appeared in the be Lieutenant Colonel. Wright, which nominations were received by Army nomination of Patrick R. Wilde, to Congressional Record on June 15, 2017. the Senate and appeared in the Congres- Army nomination of Col. Deborah Y. How- be Lieutenant Colonel. sional Record on June 15, 2017. Army nomination of Jeff H. McDonald, to ell, to be Brigadier General. Air Force nomination of Richard L. Allen, be Colonel. Army nomination of Lt. Gen. Stephen R. to be Colonel. Army nominations beginning with Edward Lyons, to be Lieutenant General. Air Force nomination of Michael J. Silver- V. Abrahamson and ending with D012929, Army nomination of Maj. Gen. Charles W. man, to be Major. which nominations were received by the Sen- Hooper, to be Lieutenant General. Air Force nomination of Maiya D. Ander- ate and appeared in the Congressional Army nomination of Maj. Gen. Edward M. son, to be Colonel. Record on July 13, 2017. Daly, to be Lieutenant General. Air Force nominations beginning with Army nominations beginning with Scott J. Army nomination of Col. Michelle M. Rose, Kimberly M. Kittleson and ending with Akerley and ending with D002220, which to be Brigadier General. Kevin C. Peterson, which nominations were nominations were received by the Senate and Navy nomination of Capt. Daniel W. received by the Senate and appeared in the appeared in the Congressional Record on Dwyer, to be Rear Admiral (lower half). Congressional Record on June 26, 2017. July 13, 2017. Navy nomination of Rear Adm. (lh) Ross A. Air Force nominations beginning with Army nominations beginning with Ryan C. Myers, to be Rear Admiral. Cecilia A. Florio and ending with John M. Agee and ending with D011536, which nomi- Marine Corps nomination of Maj. Gen. Fejes, which nominations were received by nations were received by the Senate and ap- John J. Broadmeadow, to be Lieutenant Gen- the Senate and appeared in the Congres- peared in the Congressional Record on July eral. sional Record on June 26, 2017. 13, 2017.

VerDate Sep 11 2014 05:59 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.043 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4115 Army nominations beginning with Erik C. *David J. Kautter, of Virginia, to be an As- Committee on Health, Education, Labor, and Alfsen and ending with D013346, which nomi- sistant Secretary of the Treasury. Pensions. nations were received by the Senate and ap- By Mr. GRASSLEY for the Committee on By Mr. RUBIO (for himself and Mrs. peared in the Congressional Record on July the Judiciary. SHAHEEN): 13, 2017. Christopher A. Wray, of Georgia, to be Di- S. 1595. A bill to amend the Hizballah Army nominations beginning with Brad- rector of the Federal Bureau of Investigation International Financing Prevention Act of ford A. Baumann and ending with Thomas B. for a term of ten years. 2015 to impose additional sanctions with re- Vaughn, which nominations were received by Trevor N. McFadden, of Virginia, to be spect to Hizballah, and for other purposes; to the Senate and appeared in the Congres- United States District Judge for the District the Committee on Banking, Housing, and sional Record on July 13, 2017. of Columbia. Urban Affairs. Army nomination of Jay A. Johannigman, Beth Ann Williams, of New Jersey, to be an By Mr. PETERS (for himself and Mr. to be Colonel. Assistant Attorney General. RUBIO): Navy nominations beginning with Cameron John W. Huber, of Utah, to be United S. 1596. A bill to amend title 38, United M. Balma and ending with Scott D. States Attorney for the District of Utah for States Code, to increase certain funeral ben- Ziegenhorn, which nominations were re- the term of four years. efits for veterans, and for other purposes; to ceived by the Senate and appeared in the Justin E. Herdman, of Ohio, to be United the Committee on Veterans’ Affairs. Congressional Record on June 15, 2017. States Attorney for the Northern District of By Mr. JOHNSON: Navy nominations beginning with Richard Ohio for the term of four years. S. 1597. A bill to amend the Internal Rev- A. Ackerman and ending with Patricia R. John E. Town, of Alabama, to be United enue Code of 1986 to permit the Secretary of Wilson, which nominations were received by States Attorney for the Northern District of the Treasury and the Commissioner of the the Senate and appeared in the Congres- Alabama for the term of four years. Social Security Administration to disclose sional Record on June 15, 2017. By Mr. ISAKSON for the Committee on certain return information related to iden- Navy nominations beginning with Sarah R. Veterans’ Affairs. tity theft, and for other purposes; to the Boutwell and ending with Andrew F. Young, *Brooks D. Tucker, of Maryland, to be an Committee on Finance. which nominations were received by the Sen- Assistant Secretary of Veterans Affairs By Mr. ISAKSON (for himself, Mr. ate and appeared in the Congressional (Congressional and Legislative Affairs). TESTER, Mr. ROUNDS, Mrs. MCCAS- Record on June 15, 2017. *Michael P. Allen, of Florida, to be a Judge KILL, Mr. TILLIS, Mr. MANCHIN, Mr. Navy nominations beginning with Jere- of the United States Court of Appeals for HELLER, Ms. KLOBUCHAR, Mr. CORNYN, miah E. Chaplin and ending with Jeanette Veterans Claims for the term of fifteen Mr. FRANKEN, Mr. CRAPO, Mr. DON- Sheets, which nominations were received by years. NELLY, Mr. INHOFE, Ms. DUCKWORTH, the Senate and appeared in the Congres- *Amanda L. Meredith, of Virginia, to be a Mr. SULLIVAN, Mr. KAINE, Mr. sional Record on June 15, 2017. Judge of the United States Court of Appeals DAINES, Mr. UDALL, Ms. COLLINS, Ms. Navy nomination of Linwood O. Lewis, to for Veterans Claims for the term of fifteen HEITKAMP, Mr. BLUNT, Mr. PETERS, be Commander. Mr. RUBIO, Mr. BROWN, Mr. ROBERTS, Navy nomination of Brian A. Evick, to be years. *Joseph L. Toth, of Wisconsin, to be a Mr. HEINRICH, Mr. MORAN, Ms. Commander. HIRONO, Mrs. CAPITO, Ms. HASSAN, Navy nominations beginning with Judge of the United States Court of Appeals Mr. BOOZMAN, Mr. CARDIN, Mrs. Kristopher M. Brazil and ending with Sheree for Veterans Claims for the term of fifteen FISCHER, Mr. NELSON, Ms. STABENOW, T. Williams, which nominations were re- years. Mrs. SHAHEEN, Mrs. MURRAY, Mr. ceived by the Senate and appeared in the *Thomas G. Bowman, of Florida, to be Dep- BLUMENTHAL, Ms. WARREN, and Mr. Congressional Record on June 15, 2017. uty Secretary of Veterans Affairs. Navy nominations beginning with Bryce D. *James Byrne, of Virginia, to be General CASSIDY): S. 1598. A bill to amend title 38, United Abbott and ending with Shane M. Zimmer- Counsel, Department of Veterans Affairs. States Code, to make certain improvements man, which nominations were received by *Nomination was reported with rec- in the laws administered by the Secretary of the Senate and appeared in the Congres- ommendation that it be confirmed sub- Veterans Affairs, and for other purposes; to sional Record on June 15, 2017. ject to the nominee’s commitment to the Committee on Veterans’ Affairs. Navy nominations beginning with Jere- respond to requests to appear and tes- miah P. Anderson and ending with Ashley S. By Mr. KAINE (for himself and Mr. Wright, which nominations were received by tify before any duly constituted com- PORTMAN): S. 1599. A bill to require the Secretary of the Senate and appeared in the Congres- mittee of the Senate. Labor to award grants for promoting indus- sional Record on June 15, 2017. (Nominations without an asterisk Navy nominations beginning with Stacy J. were reported with the recommenda- try or sector partnerships to encourage in- dustry growth and competitiveness and to G. Arenstein and ending with Henry L. tion that they be confirmed.) Thomason, which nominations were received improve worker training, retention, and ad- f by the Senate and appeared in the Congres- vancement; to the Committee on Health, sional Record on June 15, 2017. INTRODUCTION OF BILLS AND Education, Labor, and Pensions. By Ms. HIRONO (for herself and Mr. Navy nominations beginning with Kelly W. JOINT RESOLUTIONS Bowman, Jr. and ending with Robert H. MERKLEY): Vohrer, which nominations were received by The following bills and joint resolu- S. 1600. A bill to amend title II of the So- the Senate and appeared in the Congres- tions were introduced, read the first cial Security Act and the Internal Revenue sional Record on June 15, 2017. and second times by unanimous con- Code of 1986 to make improvements in the Navy nominations beginning with Lara R. sent, and referred as indicated: old-age, survivors, and disability insurance Bollinger and ending with Candice C. Tresch, program, and to provide for Social Security By Mr. BLUNT (for himself, Mr. COCH- which nominations were received by the Sen- benefit protection; to the Committee on Fi- RAN, Mr. CORNYN, Mr. MANCHIN, Mr. ate and appeared in the Congressional nance. ENZI, Mr. THUNE, Mr. STRANGE, and Record on June 15, 2017. By Mrs. SHAHEEN (for herself, Ms. Mrs. CAPITO): Navy nominations beginning with Patrick KLOBUCHAR, Mr. FRANKEN, and Ms. S. 1592. A bill to prohibit the Federal Gov- P. Davis and ending with Sean C. Stevens, HARRIS): ernment from requiring race or ethnicity to which nominations were received by the Sen- S. 1601. A bill to amend the Fair Housing be disclosed in connection with the transfer ate and appeared in the Congressional Act to establish that certain conduct, in or of a firearm; to the Committee on the Judici- Record on June 15, 2017. around a dwelling, shall be considered to be Navy nominations beginning with Jeffry A. ary. severe or pervasive for purposes of deter- Alsup and ending with Terry N. Traweek, By Ms. HARRIS (for herself and Mr. mining whether a certain type of sexual har- Jr., which nominations were received by the PAUL): assment has occurred under that Act, and for Senate and appeared in the Congressional S. 1593. A bill to provide grants to States other purposes; to the Committee on Bank- Record on June 15, 2017. and Indian tribes to reform their criminal ing, Housing, and Urban Affairs. Navy nomination of Linda C. Seymour, to justice system to encourage the replacement By Mrs. GILLIBRAND: be Captain. of the use of payment of secured money bail S. 1602. A bill to authorize the Secretary of Navy nomination of Chad J. Trubilla, to be as a condition of pretrial release in criminal the Interior to conduct a study to assess the Commander. cases, and for other purposes; to the Com- suitability and feasibility of designating cer- Navy nominations beginning with Patrick mittee on the Judiciary. tain land as the Finger Lakes National Her- R. Adams and ending with James T. Watters, By Mr. LEE (for himself, Mr. CRUZ, Mr. itage Area, and for other purposes; to the which nominations were received by the Sen- LANKFORD, Mr. COTTON, Mr. STRANGE, Committee on Energy and Natural Re- ate and appeared in the Congressional and Mr. RUBIO): sources. Record on July 13, 2017. S. 1594. A bill to amend the National Labor By Mr. HOEVEN: Navy nomination of Randall G. Schimpf, to Relations Act to modify the authority of the S. 1603. An original bill making appropria- be Lieutenant Commander. National Labor Relations Board with respect tions for Agriculture, Rural Development, By Mr. HATCH for the Committee on Fi- to rulemaking, issuance of complaints, and Food and Drug Administration, and Related nance. authority over unfair labor practices; to the Agencies programs for the fiscal year ending

VerDate Sep 11 2014 04:48 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.019 S20JYPT1 S4116 CONGRESSIONAL RECORD — SENATE July 20, 2017 September 30, 2018, and for other purposes; tain individuals who are long-term United or investment-related boycott, divest- from the Committee on Appropriations; States residents and who entered the United ment, or sanctions activities targeting placed on the calendar. States as children and for other purposes; to Israel, and for other purposes. By Mr. LEE (for himself, Mr. LEAHY, the Committee on the Judiciary. Mr. HOEVEN, and Mr. CRUZ): By Mr. CRAPO (for himself, Mr. S. 372 S. 1604. A bill to establish the Daniel Web- PERDUE, Mr. TILLIS, Mr. COTTON, Mr. At the request of Mr. PORTMAN, the ster Congressional Clerkship Program; to the SCOTT, Mr. HELLER, Mr. ROUNDS, Mr. name of the Senator from Texas (Mr. Committee on Rules and Administration. TOOMEY, Mr. SHELBY, Mr. CORKER, CORNYN) was added as a cosponsor of S. By Mr. CASEY (for himself, Mrs. MUR- Mr. SASSE, Mr. MORAN, Mrs. CAPITO, 372, a bill to amend the Tariff Act of RAY, Ms. CORTEZ MASTO, Mr. Mr. HATCH, Mr. ISAKSON, Mr. BAR- 1930 to ensure that merchandise arriv- BLUMENTHAL, Ms. WARREN, Mrs. RASSO, Mr. WICKER, Mr. ENZI, Mr. ing through the mail shall be subject GILLIBRAND, and Mrs. FEINSTEIN): RUBIO, Mr. BLUNT, Mr. CRUZ, Mr. S. 1605. A bill to improve the response to LANKFORD, Mr. STRANGE, and Mr. to review by U.S. Customs and Border sexual assault and sexual harassment on COCHRAN): Protection and to require the provision board aircraft operated in passenger air S.J. Res. 47. A joint resolution providing of advance electronic information on transportation, and for other purposes; to for congressional disapproval under chapter 8 shipments of mail to U.S. Customs and the Committee on Commerce, Science, and of title 5, United States Code, of the rule Border Protection and for other pur- Transportation. submitted by Bureau of Consumer Financial poses. By Mr. BOOKER (for himself and Mr. Protection relating to ‘‘Arbitration Agree- S. 431 FRANKEN): ments’’; to the Committee on Banking, S. 1606. A bill to authorize grants for the Housing, and Urban Affairs. At the request of Mr. THUNE, the support of caregivers; to the Committee on name of the Senator from Ohio (Mr. Health, Education, Labor, and Pensions. f BROWN) was added as a cosponsor of S. By Mr. HATCH: SUBMISSION OF CONCURRENT AND 431, a bill to amend title XVIII of the S. 1607. A bill to establish a pilot program SENATE RESOLUTIONS to transform the Federal-aid highway pro- Social Security Act to expand the use gram to a performance- and outcome-based The following concurrent resolutions of telehealth for individuals with program, and for other purposes; to the Com- and Senate resolutions were read, and stroke. mittee on Environment and Public Works. referred (or acted upon), as indicated: S. 563 By Mr. FLAKE (for himself, Mr. PAUL, By Mr. ENZI (for himself, Ms. At the request of Mr. HELLER, the Mr. DONNELLY, and Mr. MURPHY): S. 1608. A bill to authorize the Capitol Po- HEITKAMP, Mr. CRAPO, Mr. INHOFE, name of the Senator from Georgia (Mr. lice Board to make payments from the Mr. RISCH, Mr. CORNYN, Mr. TESTER, PERDUE) was added as a cosponsor of S. United States Capitol Police Memorial Fund Mr. LANKFORD, Mr. HOEVEN, Mr. BAR- 563, a bill to amend the Flood Disaster RASSO, Mr. HEINRICH, Mr. UDALL, Mr. to employees of the United States Capitol Protection Act of 1973 to require that Police who have sustained serious line-of- THUNE, Mr. MERKLEY, and Mr. ROUNDS): certain buildings and personal property duty injuries, and for other purposes; to the be covered by flood insurance, and for Committee on Rules and Administration. S. Res. 225. A resolution designating July By Mr. ALEXANDER: 22, 2017, as ‘‘National Day of the American other purposes. S. 1609. An original bill making appropria- Cowboy’’; to the Committee on the Judici- S. 609 ary. tions for energy and water development and At the request of Mr. MORAN, the By Ms. BALDWIN: related agencies for the fiscal year ending name of the Senator from Massachu- September 30, 2018, and for other purposes; S. Res. 226. A resolution designating the setts (Ms. WARREN) was added as a co- from the Committee on Appropriations; week of July 17 through July 21, 2017, as ‘‘Na- placed on the calendar. tional Ectodermal Dysplasias Week’’ and sponsor of S. 609, a bill to amend the By Mr. SCOTT (for himself and Mr. supporting the goals and ideals of National Department of Veterans Affairs Health GRASSLEY): Ectodermal Dysplasias Week to raise aware- Care Programs Enhancement Act of S. 1610. A bill to require law enforcement ness and understanding of ectodermal 2001 and title 38, United States Code, to agencies to report the use of lethal force, and dysplasias; to the Committee on the Judici- require the provision of chiropractic for other purposes; to the Committee on the ary. care and services to veterans at all De- Judiciary. By Mrs. CAPITO (for herself, Ms. partment of Veterans Affairs medical By Mr. HOEVEN (for himself and Mr. DUCKWORTH, Mr. UDALL, Mr. DURBIN, ROUNDS): and Mr. MORAN): centers and to expand access to such S. 1611. A bill to amend title 38, United S. Res. 227. A resolution recognizing ‘‘Na- care and services, and for other pur- States Code, to allow the Secretary of Vet- tional Youth Sports Week’’ and the efforts poses. erans Affairs to enter into certain agree- by parents, volunteers, and national organi- S. 690 ments with non-Department of Veterans Af- zations in their efforts to promote healthy At the request of Mr. CARDIN, the fairs health care providers if the Secretary is living and youth development; to the Com- not feasibly able to provide health care in fa- mittee on Commerce, Science, and Transpor- name of the Senator from Michigan cilities of the Department or through con- tation. (Mr. PETERS) was added as a cosponsor tracts or sharing agreements, and for other By Mr. CARDIN (for himself, Mr. of S. 690, a bill to extend the eligibility purposes; to the Committee on Veterans’ Af- COONS, Mr. BOOKER, and Mr. of redesignated areas as HUBZones fairs. MERKLEY): from 3 years to 7 years. By Mr. HATCH: S. Res. 228. A resolution calling for a cred- S. 708 S. 1612. A bill to expand the definition of ible, peaceful, free, and fair presidential elec- highway safety improvement project under tion in Kenya in August 2017; to the Com- At the request of Mr. MARKEY, the section 148 of title 23, United States Code, to mittee on Foreign Relations. name of the Senator from Delaware include education integrated into an ap- By Mr. ROUNDS: (Mr. CARPER) was added as a cosponsor proved State strategic highway safety plan, S. Con. Res. 22. A concurrent resolution ex- of S. 708, a bill to improve the ability and for other purposes; to the Committee on pressing the sense of Congress on the use of of U.S. Customs and Border Protection Environment and Public Works. the Intergovernmental Personnel Act Mobil- to interdict fentanyl, other synthetic By Mr. RISCH: ity Program and the Department of Defense S. 1613. A bill to amend the Pittman-Rob- opioids, and other narcotics and Information Technology Exchange Program ertson Wildlife Restoration Act to modernize psychoactive substances that are ille- to obtain personnel with cyber skills and the funding of wildlife conservation, and for abilities for the Department of Defense; to gally imported into the United States, other purposes; to the Committee on Envi- the Committee on Armed Services. and for other purposes. ronment and Public Works. S. 794 By Ms. DUCKWORTH: f At the request of Mr. ISAKSON, the S. 1614. A bill to provide for the regulation ADDITIONAL COSPONSORS of video visitation services and inmate call- name of the Senator from Mississippi ing services by the Federal Communications S. 170 (Mr. WICKER) was added as a cosponsor Commission generally, to establish criteria At the request of Mr. RUBIO, the of S. 794, a bill to amend title XVIII of for the provision of video visitation services name of the Senator from Louisiana the Social Security Act in order to im- by the Bureau of Prisons, and for other pur- (Mr. KENNEDY) was added as a cospon- prove the process whereby Medicare ad- poses; to the Committee on the Judiciary. sor of S. 170, a bill to provide for non- ministrative contractors issue local By Mr. GRAHAM (for himself, Mr. DUR- BIN, Mr. FLAKE, and Mr. SCHUMER): preemption of measures by State and coverage determinations under the S. 1615. A bill to authorize the cancellation local governments to divest from enti- Medicare program, and for other pur- of removal and adjustment of status of cer- ties that engage in commerce-related poses.

VerDate Sep 11 2014 04:48 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.021 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4117 S. 952 foot and ankle care, to amend title (Mr. STRANGE) was added as a cospon- At the request of Ms. WARREN, the XVIII of such Act to modify the re- sor of S.J. Res. 17, a joint resolution name of the Senator from Oklahoma quirements for diabetic shoes to be in- approving the discontinuation of the (Mr. LANKFORD) was added as a cospon- cluded under Medicare, and for other process for consideration and auto- sor of S. 952, a bill to increase the role purposes. matic implementation of the annual of the financial industry in combating S. 1546 proposal of the Independent Medicare human trafficking. At the request of Mr. WARNER, the Advisory Board under section 1899A of S. 1034 name of the Senator from Indiana (Mr. the Social Security Act. At the request of Mrs. FEINSTEIN, the DONNELLY) was added as a cosponsor of S. CON. RES. 15 name of the Senator from Oregon (Mr. S. 1546, a bill to amend the Patient At the request of Ms. WARREN, the WYDEN) was added as a cosponsor of S. Protection and Affordable Care Act to name of the Senator from Wisconsin 1034, a bill to improve agricultural job provide greater flexibility in offering (Mr. JOHNSON) was added as a cosponsor opportunities, benefits, and security health insurance coverage across State of S. Con. Res. 15, a concurrent resolu- for aliens in the United States, and for lines. tion expressing support for the designa- other purposes. S. 1552 tion of October 28, 2017, as ‘‘Honoring the Nation’s First Responders Day’’ . S. 1122 At the request of Mr. FLAKE, the S. RES. 75 At the request of Mrs. MURRAY, the name of the Senator from Florida (Mr. name of the Senator from New Jersey RUBIO) was added as a cosponsor of S. At the request of Mr. PORTMAN, the name of the Senator from California (Mr. BOOKER) was added as a cosponsor 1552, a bill to amend the Internal Rev- of S. 1122, a bill to amend the Occupa- enue Code of 1986 to allow individuals (Mrs. FEINSTEIN) was added as a co- sponsor of S. Res. 75, a resolution rec- tional Safety and Health Act of 1970 to to designate that up to 10 percent of ognizing the 100th anniversary of the clarify when the time period for the their income tax liability be used to re- Academy of Nutrition and Dietetics, issuance of citations under such Act duce the national debt, and to require the largest organization of food and nu- begins and to require a rule to clarify spending reductions equal to the trition professionals in the world. that an employer’s duty to make and amounts so designated. maintain accurate records of work-re- S. 1558 S. RES. 160 At the request of Mr. NELSON, the lated injuries and illnesses is an ongo- At the request of Mr. RISCH, the name of the Senator from Connecticut ing obligation. name of the Senator from Florida (Mr. (Mr. BLUMENTHAL) was added as a co- S. 1182 RUBIO) was added as a cosponsor of S. 1558, a bill to amend section 203 of Pub- sponsor of S. Res. 160, a resolution hon- At the request of Mr. YOUNG, the oring the service to United States name of the Senator from Florida (Mr. lic Law 94–305 to ensure proper author- ity for the Office of Advocacy of the Armed Forces provided by military RUBIO) was added as a cosponsor of S. Small Business Administration, and for working dogs and contract working 1182, a bill to require the Secretary of dogs, also known as ‘‘war dogs’’. the Treasury to mint commemorative other purposes. S. RES. 223 coins in recognition of the 100th anni- S. 1559 At the request of Mr. CRUZ, the name versary of The American Legion. At the request of Mr. RISCH, the name of the Senator from Florida (Mr. of the Senator from Florida (Mr. S. 1311 RUBIO) was added as a cosponsor of S. RUBIO) was added as a cosponsor of S. At the request of Mr. CORNYN, the 1559, a bill to ensure a complete anal- Res. 223, a resolution honoring the life name of the Senator from Texas (Mr. ysis of the potential impacts of rules and legacy of Liu Xiaobo for his stead- CRUZ) was added as a cosponsor of S. on small entities. fast commitment to the protection of 1311, a bill to provide assistance in S. 1562 human rights, political freedoms, free abolishing human trafficking in the At the request of Mr. GARDNER, the markets, democratic elections, govern- United States. name of the Senator from Arkansas ment accountability, and peaceful S. 1393 (Mr. BOOZMAN) was added as a cospon- change in the People’s Republic of At the request of Mr. CORNYN, the sor of S. 1562, a bill to impose sanctions China. name of the Senator from Maine (Mr. with respect to the Government of the f KING) was added as a cosponsor of S. Democratic People’s Republic of Korea STATEMENTS ON INTRODUCED 1393, a bill to streamline the process by and any enablers of the activities of BILLS AND JOINT RESOLUTIONS which active duty military, reservists, that Government, and for other pur- By Mr. KAINE (for himself and and veterans receive commercial driv- poses. er’s licenses. Mr. PORTMAN): S. 1587 S. 1462 S. 1599. A bill to require the Sec- At the request of Mr. CRUZ, the name retary of Labor to award grants for At the request of Mrs. SHAHEEN, the of the Senator from Oregon (Mr. names of the Senator from Ohio (Mr. promoting industry or sector partner- MERKLEY) was added as a cosponsor of ships to encourage industry growth and BROWN) and the Senator from Missouri S. 1587, a bill for the relief of Liu Xia. competitiveness and to improve worker (Mrs. MCCASKILL) were added as co- S. 1588 sponsors of S. 1462, a bill to amend the training, retention, and advancement; At the request of Mr. CARDIN, the to the Committee on Health, Edu- Patient Protection and Affordable Care names of the Senator from New York Act to improve cost sharing subsidies. cation, Labor, and Pensions. (Mrs. GILLIBRAND) and the Senator Mr. KAINE. Mr. President, the U.S. S. 1526 from Oregon (Mr. MERKLEY) were added infrastructure system is in critical At the request of Mr. TESTER, the as cosponsors of S. 1588, a bill to secure need of an upgrade. The American So- name of the Senator from Florida (Mr. Federal voting rights of persons when ciety of Civil Engineers recently grad- NELSON) was added as a cosponsor of S. released from incarceration. ed the U.S. system a D+ given its ca- 1526, a bill to appropriate amounts to S. 1589 pacity, condition, funding, future need, the Department of Veterans Affairs to At the request of Mr. CARDIN, the operation and maintenance, public improve the provision of health care to name of the Senator from Missouri safety, resilience and innovation. Any veterans, and for other purposes. (Mrs. MCCASKILL) was added as a co- investment to improve our Country’s S. 1533 sponsor of S. 1589, a bill to amend the infrastructure system would create At the request of Mr. GRASSLEY, the Internal Revenue Code of 1986 and the millions of new jobs, requiring millions name of the Senator from Iowa (Mrs. Small Business Act to expand the of skilled workers to fill them. ERNST) was added as a cosponsor of S. availability of employee stock owner- A recent study by the Center of Edu- 1533, a bill to amend title XIX of the ship plans in S corporations, and for cation and the Workforce at George- Social Security Act to cover physician other purposes. town University estimated that a $1 services delivered by podiatric physi- S.J. RES. 17 trillion infrastructure investment cians to ensure access by Medicaid At the request of Mr. CORNYN, the would create 11 million new jobs. Near- beneficiaries to appropriate quality name of the Senator from Alabama ly half of these would require training

VerDate Sep 11 2014 04:48 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.022 S20JYPT1 S4118 CONGRESSIONAL RECORD — SENATE July 20, 2017 past the high school level. Even with- ergy, and information technology in- SENATE RESOLUTION 226—DESIG- out a significant investment, though, dustries continue to tell me they have NATING THE WEEK OF JULY 17 infrastructure industries are already trouble finding job applicants with the THROUGH JULY 21, 2017, AS ‘‘NA- struggling to meet workforce demands. necessary skills. This bill will help TIONAL ECTODERMAL Workers in infrastructure industries workers get the job training they need DYSPLASIAS WEEK’’ AND SUP- are expected to retire at a 50% higher to be hired. I hope that my colleagues PORTING THE GOALS AND rate than the general workforce. And IDEALS OF NATIONAL ECTO- on both sides of the aisle consider the historic inequities that have limited DERMAL DYSPLASIAS WEEK TO women and people of color from access- BUILDS Act as a necessary component RAISE AWARENESS AND UNDER- ing these jobs have further constrained to any investment in our Nation’s in- STANDING OF ECTODERMAL the pipeline of potential workers. To frastructure. DYSPLASIAS ensure infrastructure investments ben- efit businesses, workers and the econ- f Ms. BALDWIN submitted the fol- omy, the U.S. must invest in the cre- lowing resolution; which was referred to the Committee on the Judiciary: ation of a diverse pipeline of workers SUBMITTED RESOLUTIONS with skills necessary to access in-de- S. RES. 226 mand opportunities. Whereas ectodermal dysplasias is a con- Industry and sector partnerships are genital disorder that causes defects to the a proven strategy for helping workers SENATE RESOLUTION 225—DESIG- skin, hair, nails, teeth, and glands of an indi- prepare for middle-skill jobs and help- NATING JULY 22, 2017, AS ‘‘NA- vidual and can also cause harm to other body ing businesses find skilled workers. parts of an individual, such as the eyes, ears, TIONAL DAY OF THE AMERICAN and throat; Congress requires States and local COWBOY’’ areas to support the development of Whereas ectodermal dysplasias is a genetic disorder that is passed from parent to child; these partnerships under the Workforce Mr. ENZI (for himself, Ms. HEITKAMP, Whereas a child may be the first individual Innovation and Opportunity Act Mr. CRAPO, Mr. INHOFE, Mr. RISCH, Mr. in a family to be affected by ectodermal (WIOA), but no dedicated funding has CORNYN, Mr. TESTER, Mr. LANKFORD, dysplasias and can then pass the condition been provided for these activities. Mr. HOEVEN, Mr. BARRASSO, Mr. HEIN- on to the next generation; Work-based learning strategies, such as Whereas ectodermal dysplasias is a rare RICH, Mr. UDALL, Mr. THUNE, Mr. apprenticeships, are common pathways disorder that affects fewer than 200,000 peo- MERKLEY, and Mr. ROUNDS) submitted to skilled jobs in infrastructure indus- ple in the United States; tries. Many small and medium-sized the following resolution; which was re- Whereas symptoms of ectodermal dysplasias in an individual can include— businesses shy away from developing ferred to the Committee on the Judici- ary: (1) the inability to perspire; high-quality work-based learning pro- (2) lack of tears in the eyes; grams, however, because of real or per- S. RES. 225 (3) cleft lip and palate; ceived costs associated with the strat- Whereas pioneering men and women, rec- (4) sparse saliva; egy. ognized as ‘‘cowboys’’, helped to establish (5) missing fingers or toes; and (6) absence or malformation of some or This is why I am pleased to introduce the American West; all teeth, known as anodontia and with my colleague, Senator PORTMAN, Whereas the cowboy embodies honesty, in- hypodontia, respectively; the Building U.S. Infrastructure by tegrity, courage, compassion, respect, a Whereas there are more than 180 different Leveraging Demands for Skills Act or strong work ethic, and patriotism; types of ectodermal dysplasias and a specific BUILDS Act. The BUILDS Act creates Whereas the cowboy spirit exemplifies diagnosis depends on the combination of a grant program that would support in- strength of character, sound family values, symptoms that an individual experiences; dustry and sector partnerships working and good common sense; Whereas there is no cure for ectodermal with local businesses, industry associa- Whereas the cowboy archetype transcends dysplasias; tions and organizations, labor organi- ethnicity, gender, geographic boundaries, Whereas the treatment for ectodermal zations, State and local workforce and political affiliations; dysplasias varies depending on the severity Whereas the cowboy, who lives off the land boards, economic development agencies of the disease, which can range from mild and works to protect and enhance the envi- and other partners engaged in their symptoms to extensive health issues that re- ronment, is an excellent steward of the land quire advanced care; communities to encourage industry and its creatures; Whereas many types of ectodermal growth, competitiveness and collabora- Whereas cowboy traditions have been a dysplasias affect the teeth and the nature of tion to improve worker training, reten- part of American culture for generations; dental and oral symptoms— tion and advancement in targeted in- Whereas the cowboy continues to be an im- (1) are specific to each syndrome; and frastructure clusters. portant part of the economy through the (2) can include severe hypodontia and Specifically, the bipartisan BUILDS work of many thousands of ranchers across anodontia that require complex care; Act would leverage sector partnerships the United States who contribute to the eco- Whereas an individual who suffers from ec- to engage businesses in work-based nomic well-being of every State; todermal dysplasias can expect to spend ap- learning programs. Businesses and in- Whereas millions of fans watch profes- proximately $150,000 on dental care alone during the lifetime of the individual; dustries would be incentivized to work sional and working ranch rodeo events annu- ally, making rodeo one of the most-watched Whereas most insurance companies provide with the greater community to create sports in the United States; coverage for the treatment of a congenital on-the-job training programs to fill the Whereas membership and participation in disease or anomaly; jobs necessary to expand the Country’s rodeo and other organizations that promote Whereas most States require coverage for infrastructure system. Additionally, and encompass the livelihood of cowboys any repair or restoration of body parts for a businesses and education providers span every generation and transcend race congenital disease like ectodermal would be connected to develop class- and gender; dysplasias; room curriculum to complement on- Whereas the cowboy is a central figure in Whereas coverage for complex and medi- cally necessary dental procedures that are the-job learning. Workers on the other literature, film, and music and occupies a central place in the public imagination; required because of ectodermal dysplasias, hand, would receive support services including prosthetic teeth and bone grafts, is such as mentoring and career coun- Whereas the cowboy is an American icon; and routinely denied; seling to ensure that they are success- Whereas the ongoing contributions made Whereas access to health insurance cov- ful from the pre-employment to place- by cowboys and cowgirls to their commu- erage for medically necessary dental services relating to ectodermal dysplasias varies ment in a full-time position. nities should be recognized and encouraged: across the United States; Our Country desperately needs im- Now, therefore, be it provements to critical infrastructure Whereas gaps in ectodermal dysplasias Resolved, That the Senate— like our roads and bridges, however to coverage have serious consequences for pa- (1) designates July 22, 2017, as ‘‘National tients and their families and may lead to se- do that work we must have a trained Day of the American Cowboy’’; and vere limits on proper oral function and the workforce that’s ready to fill these (2) encourages the people of the United ability to eat or speak; good-paying jobs. Virginia businesses States to observe the day with appropriate Whereas scientists across the United in the transportation, construction, en- ceremonies and activities. States are conducting research projects and

VerDate Sep 11 2014 04:48 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.042 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4119 clinical trials and are hopeful that break- (2) living healthy; (2) calls upon Kenyan citizens to fully and throughs in ectodermal dysplasias research (3) making access to physical activities peacefully participate in the general elec- and treatment are forthcoming; and easier by removing barriers to creating tions and seek to resolve any disputes over Whereas the Senate is an institution that youth development activities; results through the legal system; can raise awareness about ectodermal (4) encouraging youth development activi- (3) calls upon Kenyan political candidates dysplasias to the general public and the med- ties and outcomes; and at the national, county, and local levels to ical community: Now, therefore, be it (5) improving the safety of participating in respect the Electoral Code of Conduct and Resolved, That the Senate— physical activities: Now, therefore, be it the Political Party Code of Conduct; (1) designates the week of July 17 through Resolved, That the Senate recognizes the (4) encourages political parties, civil soci- July 21, 2017, as ‘‘National Ectodermal millions of youth throughout the United ety, and the media in Kenya to act respon- Dysplasias Week’’; States who benefit from youth sports, and sibly with their parallel vote tabulations so (2) supports the goals and ideals of Na- the parents, volunteers, and local and na- as not to usurp the role of the electoral com- tional Ectodermal Dysplasias Week to raise tional organizations, such as the National mission as the official source for declaring awareness and understanding of ectodermal Council of Youth Sports, that make youth official election results; dysplasias; sports in the United States possible. (5) encourages civil society organizations (3) encourages the people of the United in Kenya to continue providing critical early f States to become more informed about— warning and response measures to mitigate (A) ectodermal dysplasias; and SENATE RESOLUTION 228—CALL- election-related violence and further (B) the role of comprehensive treatment ING FOR A CREDIBLE, PEACE- strengthen democratic processes; for all symptoms of ectodermal dysplasias, FUL, FREE, AND FAIR PRESI- (6) commends the key role the faith-based including dental manifestations, in improv- community has played in ensuring a peaceful ing quality of life; and DENTIAL ELECTION IN KENYA IN pre- and post-election environment through (4) respectfully requests that the Secretary AUGUST 2017 periodically convening the Multi-Sectoral of the Senate transmit an enrolled copy of Mr. CARDIN (for himself, Mr. COONS, Forum to deliberate on matters of govern- this resolution to the National Foundation Mr. BOOKER, and Mr. MERKLEY) sub- ance, election management, and looming in- for Ectodermal Dysplasias, a nonprofit orga- mitted the following resolution; which security; nization dedicated to improving the lives of (7) supports efforts by the Department of individuals affected by ectodermal was referred to the Committee on For- State and the United States Agency for dysplasias. eign Relations: International Development (USAID), includ- f S. RES. 228 ing the Bureau of Conflict and Stabilization Operations, the Bureau of Democracy, SENATE RESOLUTION 227—RECOG- Whereas the United States has deep inter- ests in Kenya’s democratic stability and re- Human Rights, and Labor, and the Bureau of NIZING ‘‘NATIONAL YOUTH gional leadership, and a free and fair election African Affairs, to assist election-related SPORTS WEEK’’ AND THE EF- in Kenya holds regional significance as an preparations in Kenya, including programs FORTS BY PARENTS, VOLUN- example for other African countries with focused on conflict mitigation; TEERS, AND NATIONAL ORGANI- elections scheduled in the near future; (8) strongly encourages the President to ZATIONS IN THEIR EFFORTS TO Whereas Kenya has general elections appoint an Assistant Secretary of State for PROMOTE HEALTHY LIVING AND scheduled for August 8, 2017; African Affairs in order to bolster diplomatic engagement with the Government of Kenya, YOUTH DEVELOPMENT Whereas electoral violence in 2007 and 2008 resulted in the deaths of at least 1,300 people the opposition, and the donor community, Mrs. CAPITO (for herself, Ms. and the displacement of 600,000 in Kenya, ef- which has historically been critical during DUCKWORTH, Mr. UDALL, Mr. DURBIN, fectively paralyzing the country and the Kenya’s elections; and and Mr. MORAN) submitted the fol- wider region for more than two months be- (9) calls upon the United States Govern- lowing resolution; which was referred fore the creation of a power-sharing govern- ment and other international partners, espe- to the Committee on Commerce, ment; cially election-focused nongovernmental or- Science, and Transportation: Whereas the people of Kenya adopted a new ganizations, to continue to support Kenya’s constitution in 2010 that sought to devolve efforts to address the remaining electoral S. RES. 227 power to 47 counties and their elected gov- preparation challenges and identify gaps in Whereas July 16 through 22 is ‘‘National ernors and local representatives; which additional resources or diplomatic en- Youth Sports Week’’, a celebration of youth Whereas the public confidence in the elec- gagement could make important contribu- sports participation and all of the benefits toral process is critical both to continued tions to the conduct of the elections. youth derive from engagement in sports; democratic progress in Kenya and to ensur- f Whereas a primary goal in youth sports is ing the transparency in electoral prepara- to encourage active participation by all tions that is vital for the success of the Au- SENATE CONCURRENT RESOLU- youth in healthy physical activities accord- gust 8, 2017, elections; TION 22—EXPRESSING THE ing to their age, interests, and abilities; Whereas, despite having a permissible legal SENSE OF CONGRESS ON THE Whereas the relationship between sports environment, the Government of Kenya has USE OF THE INTERGOVERN- skills and life skills provide young athletes taken actions to limit democratic space for MENTAL PERSONNEL ACT MO- with fundamental values, compassion, and civil society and media organizations, which BILITY PROGRAM AND THE DE- the good ethics needed to succeed both on could adversely affect their contributions to and off the playing field; PARTMENT OF DEFENSE INFOR- a credible, peaceful election and broader MATION TECHNOLOGY EX- Whereas, in 2008, the National Council of democratic consolidation; Youth Sports (‘‘NCYS’’) reported that there Whereas there have been deeply concerning CHANGE PROGRAM TO OBTAIN are more than 60,000,000 registered partici- instances of hate speech by all sides in PERSONNEL WITH CYBER SKILLS pants in organized amateur youth sports pro- Kenya, inciting supporters to ethnic violence AND ABILITIES FOR THE DE- grams; as a means by which to gain electoral advan- PARTMENT OF DEFENSE Whereas youth sports offer a multitude of tage, intimidate electoral rivals, or suppress Mr. ROUNDS submitted the fol- positive benefits to participants that extend voter turnout; and far beyond the playing field, including— Whereas the political parties, monitoring lowing concurrent resolution; which (1) improved academic performance, such groups, and the media in Kenya have the was referred to the Committee on as increased school attendance, lower drop- legal authority to record polling station re- Armed Services: out rates, higher high school graduation sults and tallies at the constituency and na- rates, and higher grade point averages; S. CON. RES. 22 (2) increased health and positive physical tional levels in order to ensure that the proc- Resolved by the Senate (the House of Rep- behaviors, such as improved health factors, ess is perceived as honest and transparent: resentatives concurring), and prevention of obesity, chronic diseases, Now, therefore, be it Resolved, That the Senate— SECTION 1. SHORT TITLE. and other health problems; This concurrent resolution may be cited as (3) social well-being, such as character de- (1) calls upon the Government of Kenya and opposition parties in Kenya— the ‘‘Whole of Society Cyber Personnel Co- velopment, and exposure to positive role operation Resolution of 2017’’. models; and (A) to hold credible, peaceful, free, and fair (4) improved psychological health, such as presidential elections in August 2017 in order SEC. 2. SENSE OF CONGRESS ON USE OF INTER- decreased likelihood of substance abuse, re- to advance democratic consolidation in GOVERNMENTAL PERSONNEL ACT Kenya and promote stability in the broader MOBILITY PROGRAM AND DEPART- duced instances of behavioral misconduct, MENT OF DEFENSE INFORMATION and high self-esteem; and region; and TECHNOLOGY EXCHANGE PROGRAM Whereas National Youth Sports Week (B) to condemn in the strongest terms the TO OBTAIN PERSONNEL WITH highlights the efforts made toward— use of hate speech and the incitement of vio- CYBER SKILLS AND ABILITIES FOR (1) promoting physical activity in all seg- lence by political candidates, the media, or THE DEPARTMENT OF DEFENSE. ments of the community; any Kenyan citizens; It is the sense of Congress that—

VerDate Sep 11 2014 04:48 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.034 S20JYPT1 S4120 CONGRESSIONAL RECORD — SENATE July 20, 2017 (1) the Department of Defense should fully tary personnel strengths for such fiscal (c) UPDATES.—Not later than 1 year after use the Intergovernmental Personnel Act year, and for other purposes; which was the date on which the report required under Mobility Program (IPAMP) and the Depart- ordered to lie on the table; as follows: subsection (a) is submitted to the appro- ment of Defense Information Technology Ex- priate congressional committees, and annu- At the end of subtitle F of title XII, add change Program (ITEP) to obtain cyber per- ally thereafter for 5 years, the President the following: sonnel across the Government by leveraging shall submit to the appropriate congres- SEC. 1273. STRATEGY TO IMPROVE DEFENSE IN- cyber capabilities found at the State and STITUTIONS AND SECURITY SECTOR sional committees an update of the report local government level and in the private FORCES IN NIGERIA. containing updated assessments and evalua- sector in order to meet the needs of the De- (a) IN GENERAL.—Not later than 120 days tions on progress made on the plans de- partment for cybersecurity professionals; after the date of the enactment of this Act, scribed in the report, including— and the President shall submit to the appro- (1) updated assessments on the information (2) the Department should implement at priate congressional committees a report described in paragraphs (2), (4), and (6) of the earliest practicable date a strategy that that contains a comprehensive strategy to subsection (a); and includes policies and plans to fully use such support improvements in defense institu- (2) descriptions of the steps taken and out- programs to obtain such personnel for the tions and security sector forces in Nigeria. comes achieved under each of the plans de- Department. (b) MATTERS TO BE INCLUDED.—The report scribed in paragraphs (7), (8), (9), and (10) of required by subsection (a) shall include the subsection (a), as well as assessments of the f following: effectiveness and descriptions of the metrics AMENDMENTS SUBMITTED AND (1) An assessment of the threats posed by used to evaluate effectiveness for each such PROPOSED terrorist and other militant groups oper- plan. ating in Nigeria, including Boko Haram, (d) FORM.—The report required under sub- SA 260. Mr. ROUNDS submitted an amend- ISIS-WA, and Niger Delta militants, as well section (a) and the updates required under (c) ment intended to be proposed by him to the as a description of the origins, strategic shall be submitted in unclassified form, but bill S. 1519, to authorize appropriations for aims, tactical methods, funding sources, and may include a classified annex. fiscal year 2018 for military activities of the leadership structures of each such organiza- (e) APPROPRIATE CONGRESSIONAL COMMIT- Department of Defense, for military con- tion. TEES DEFINED.—In this section, the term struction, and for defense activities of the (2) An assessment of efforts by the Govern- ‘‘appropriate congressional committees’’ Department of Energy, to prescribe military ment of Nigeria to improve civilian protec- means— personnel strengths for such fiscal year, and tion, accountability for human rights viola- (1) the congressional defense committees; for other purposes; which was ordered to lie tions, and transparency in the defense insti- (2) the Committee on Foreign Relations on the table. tutions and security sector forces. and the Select Committee on Intelligence of SA 261. Mr. BOOKER submitted an amend- (3) A description of the key international the Senate; and ment intended to be proposed by him to the and United States diplomatic, development, (2) the Committee on Foreign Affairs and bill S. 1519, supra; which was ordered to lie intelligence, military, and economic re- the Permanent Select Committee on Intel- on the table. sources available to address instability ligence of the House of Representatives. across Nigeria, and a plan to maximize the f f coordination and effectiveness of these re- TEXT OF AMENDMENTS sources to counter the threats posed by Boko AUTHORITY FOR COMMITTEES TO Haram, ISIS-WA, and Niger Delta militants. MEET SA 260. Mr. ROUNDS submitted an (4) An assessment of efforts undertaken by amendment intended to be proposed by the security forces of the Government of Ni- Mr. MCCONNELL. Mr. President, I him to the bill S. 1519, to authorize ap- geria to improve the protection of civilians have 9 requests for committees to meet propriations for fiscal year 2018 for in the context of— during today’s session of the Senate. military activities of the Department (A) ongoing military operations against They have the approval of the Majority of Defense, for military construction, Boko Haram in the northeast region; and Minority leaders. (B) addressing farmer-herder land disputes and for defense activities of the De- Pursuant to Rule XXVI, paragraph in the Middle Belt; 5(a), of the Standing Rules of the Sen- partment of Energy, to prescribe mili- (C) renewed militant attacks on oil and gas tary personnel strengths for such fiscal infrastructure in the Delta; and ate, the following committees are au- year, and for other purposes; which was (D) addressing pro-Biafra protests in the thorized to meet during today’s session ordered to lie on the table; as follows: southeast region. of the Senate: (5) An assessment of the effectiveness of At the end of subtitle C of title XVI, add COMMITTEE ON BANKING, HOUSING, AND URBAN the Civilian Joint Task Force that has been the following: AFFAIRS operating in parts of northeastern Nigeria in SEC. 1630C. SENSE OF CONGRESS ON USE OF The Committee on Banking, Housing, and order to ensure that underage youth are not Urban Affairs is authorized to meet during INTERGOVERNMENTAL PERSONNEL participating in government-sponsored vigi- ACT MOBILITY PROGRAM AND DE- the session of the Senate on Thursday, July PARTMENT OF DEFENSE INFORMA- lante activity in violation of the Child Sol- 20, 2017 at 10 a.m. to conduct a hearing enti- TION TECHNOLOGY EXCHANGE PRO- diers Accountability Act of 2008 (Public Law tled, ‘‘Housing Finance Reform: Maintaining GRAM TO OBTAIN PERSONNEL WITH 110–340). Access for Small Lenders’’. CYBER SKILLS AND ABILITIES FOR (6) An assessment of the options for the COMMITTEE ON ENERGY AND NATURAL THE DEPARTMENT OF DEFENSE. Government of Nigeria to eventually incor- RESOURCES It is the sense of Congress that— porate the Civilian Joint Task Force into Ni- (1) the Department of Defense should fully geria’s military or law enforcement agencies The Senate Committee on Energy and Nat- use the Intergovernmental Personnel Act or reintegrate its members into civilian life. ural Resources is authorized to meet during Mobility Program (IPAMP) and the Depart- (7) A plan for the United States Govern- the session of the Senate in order to hold a ment of Defense Information Technology Ex- ment to work with the Nigerian military and nomination hearing on Thursday, July 20, change Program (ITEP) to obtain cyber per- judiciary to transparently investigate 2017, at 10 a.m. in Room 366 of the Dirksen sonnel across the Government by leveraging human rights violations committed by the Senate Office Building in Washington, DC. cyber capabilities found at the State and security forces of the Government of Nigeria COMMITTEE ON FINANCE local government level and in the private and other security forces operating in Nige- The Committee on Finance is authorized sector in order to meet the needs of the De- ria that have involved civilian casualties, in- to meet during the session of the Senate on partment for cybersecurity professionals; cluding a plan to undertake tangible meas- Thursday, July 20, 2017, at 10 a.m., in 215 and ures of accountability following such inves- Dirksen Senate Office Building, to consider (2) the Department should implement at tigations in order to break the cycle of con- favorably reporting the nomination of David the earliest practicable date a strategy that flict. J. Kautter, of Virginia, to be an Assistant includes policies and plans to fully use such (8) A plan for the United States Govern- Secretary of the Treasury, vice Mark J. programs to obtain such personnel for the ment to work with the Nigerian defense in- Mazur. stitutions and security sector forces to im- Department. COMMITTEE ON FOREIGN RELATIONS prove detainee conditions. Mr. BOOKER submitted an (9) A plan for the United States Govern- The Committee on Foreign Relations is au- SA 261. thorized to meet during the session of the amendment intended to be proposed by ment to work with the Nigerian military, international organizations, and nongovern- Senate on Thursday, July 20, 2017, at 9:30 him to the bill S. 1519, to authorize ap- a.m., to hold a hearing entitled ‘‘Nomina- propriations for fiscal year 2018 for mental organizations to demilitarize the hu- manitarian response to the food insecurity tions.’’ military activities of the Department and population displacement in northeastern COMMITTEE ON JUDICIARY of Defense, for military construction, Nigeria. The Committee on the Judiciary is author- and for defense activities of the De- (10) Any other matters the President con- ized to meet during the session of the Sen- partment of Energy, to prescribe mili- siders appropriate. ate, on July 20, 2017, at 9:30 a.m., in SD–226 of

VerDate Sep 11 2014 04:48 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A20JY6.037 S20JYPT1 July 20, 2017 CONGRESSIONAL RECORD — SENATE S4121 the Dirksen Senate Office Building, to con- UNITED STATES OF AMERICA TO THE RUSSIAN FEDERA- BENJAMIN C. ROBERTSON TION. ELIZABETH M. ROCHE duct an executive business meeting. JACOB W. ROMELHARDT DEPARTMENT OF JUSTICE COMMITTEE ON VETERANS’ AFFAIRS IAN SANTICOLA BART M. DAVIS, OF IDAHO, TO BE UNITED STATES AT- RYAN SANTICOLA The Committee on Veterans’ Affairs is au- TORNEY FOR THE DISTRICT OF IDAHO FOR THE TERM OF LISA M. SENAY thorized to hold a business meeting during FOUR YEARS, VICE WENDY J. OLSON, RESIGNED. DAVID M. SHULL the session of the Senate on Thursday, July JOSHUA J. MINKLER, OF INDIANA, TO BE UNITED CHRISTOPHER C. SWAIN STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF IN- CRAIG S. THEDWALL 20, 2017, off the senate floor and in conjunc- DIANA FOR THE TERM OF FOUR YEARS, VICE JOSEPH H. SEAN M. THOMPSON CHRISTOPHER P. TOSCANO tion with afternoon votes, to consider pend- HOGSETT, RESIGNED. GRAHAM C. WINEGEART ing nominations. IN THE NAVY MATTHEW J. WOOTEN COMMITTEE ON INTELLIGENCE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY The Senate Select Committee on Intel- UNDER TITLE 10, U.S.C., SECTION 624: ligence is authorized to meet during the ses- UNDER TITLE 10, U.S.C., SECTION 624: To be commander sion of the 115th Congress of the U.S. Senate To be commander CLEMIA ANDERSON on Thursday, July 20, 2017 from 2 p.m., in BETTY S. ALEXANDER JOHNFRITZ E. ANTOINE ERICA L. ARNOLD room SH–219 of the Senate Hart Office Build- JANETTE B. ARENCIBIA ARON W. BOWLIN STEFANIE M. BLIGHTON ing to hold a Closed Hearing. MELISSA K. BURKE JON D. CHAMPINE REGINALDO F. CAGAMPAN SUBCOMMITTEE ON TECHNOLOGY, INNOVATION, SHAWNNA M. CHEE TREVOR W. CARLSON AND INTERNET JANIESE A. CLECKLEY TAMERA A. CORSON LESLIE R. COUNCILOR VIRGILIO S. CRESCINI The Committee on Commerce, Science, and WILLIAM T. CRIDER JESUS M. CRESPODIAZ Transportation is authorized to hold a meet- PRASAD B. DIWADKAR VIRGINIA H. DAMIN SCOTT E. DUNN ing during the session of the Senate on CHRISTINE D. DAVIES MARIA D. EDUSADA DANA DONES Thursday, July 20, 2017, at 10 a.m. in room JANINE E. ESPINAL JAMES J. DRISCOLL 253 of the Russell Senate Office Building. The ROMMEL D. FLORES CHRISTA D. DUNCANARFAA MONICA E. GONZALEZ Committee will hold Subcommittee Hearing TREVR W. EBORN BRADEY R. GOTTO BRIAN E. ELLIS on ‘‘An Update on FirstNet.’’ KIBWE A. HAMPDEN CAROL M. ELLSWORTH MELISSA J. HARNLY COMMITTEE ON ENVIRONMENT AND PUBLIC BROOKES A. ENGLEBERT SCOTT A. HAZELRIGG WORKS JENNIFER M. FAUST SAMUEL H. JARVIS THOMAS N. FULLER JASON M. JONES SUBCOMMITTEE ON FISHERIES, WATER AND LACY L. GEE PAMELA M. KLEPACTULENSRU WILDLIFE EDITH R. GLANTON CODY L. LALLATIN ELIZABETH K. GLOOR AUSTIN W. LATOUR The Subcommittee on Fisheries, Water and NOELLE M. GRIFFITH SAMUEL Y. LEVIN Wildlife of the Committee on Environment STACEY M. HAMLETT CARL E. LONG, JR. BRADLEY S. HAZEN and Public Works is authorized to meet dur- DAVID J. LOOMIS II LAWRENCE B. HENRY KEVIN J. LYLE ing the session of the Senate on Thursday, RACHEL S. HERNANDEZ VENANCIO MAYSONET July 20, 2017, at 10 a.m., in Room 406 of the DANETTE R. HINELY SEAN M. MCCARTHY STUART R. HITCHCOCK Dirksen Senate Office Building, to conduct a BERNARD C. MCDONALD TODD A. HLAVAC KEVIN P. MCMULLEN hearing entitled, ‘‘Innovative Financing and KARI L. JOHNDROWCASEY JOSHUA A. MILLER Funding: Addressing America’s Crumbling ROBERT D. JOHNS NAUSHEEN MOMEN MATTHEW C. JONES Water Infrastructure.’’ THOMAS P. MURPHY JAMES A. KETZLER JULIA A. NEFCZYK f MONICA A. KNAPP MARGARET M. PARKS SHANE E. LAWSON DARREN J. PIERCE SARAH A. LEDFORD ORDERS FOR MONDAY, JULY 24, JOHN B. PRICE BRANDON J. LIMTIACO MATHEW A. RANDOLPH 2017 MARY F. LISEC ELIZABETH C. RAPHAEL LEAH M. LIZADA Mr. MCCONNELL. Mr. President, I CHAD J. REES RODRIGO F. LOPEZ ALBERT RICCARDI III ask unanimous consent that when the RUBEN A. LOPEZ JUAN N. ROSARIO DANIEL S. MCCLURE Senate completes its business today, it NATHAN L. SEAMAN ALEAH J. MCHENRY DOUGLAS A. SEARLES adjourn until 4 p.m., Monday, July 24; HILARY A. MEYER ERIN M. SIMMONS KEVIN J. MICHEL further, that following the prayer and ELIZABETH G. SKOREY ERIC J. MILLER JOSEPH A. SORCIC pledge, the morning hour be deemed MARK J. MILLER KEVIN L. STARKEY ERIN C. MOHAN expired, the Journal of proceedings be CHRISTOPHER T. STEELE AARON C. MYERS LEEDJIA A. SVEC approved to date, the time for the two ERIN R. OCKERREZA JARED H. TAYLOR KRISTINA R. OLIVER leaders be reserved for their use later GEORGE W. VANCIL KAREN L. ORTOLANI DEAN J. WAGNER, JR. in the day, and morning business be JOSE L. PINON MARK D. WAKEFIELD JESSICA M. PIPKIN closed; further, that following leader STACY J. WASHINGTON SHANNA C. POWELLSEARCEY MICHAEL A. ZUNDEL remarks, the Senate proceed to execu- SHARON QUALLIO tive session and resume consideration VALERIE R. QUINN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PETER W. SCHENKE TO THE GRADE INDICATED IN THE UNITED STATES NAVY of the Bernhardt nomination; finally, EILEEN SCOTT UNDER TITLE 10, U.S.C., SECTION 624: that the postcloture time on the Bern- SEBASTIAN STACHOWICZ To be commander JACK A. STANSBURY hardt nomination expire at 5:30 p.m., SHALANDA D. STEPHENS ERIC F. BAUMAN Monday, July 24. KENDER W. SURIN ROBIN C. BENNETT MELISSA R. TRONCOSO KITTIMA BOONSIRISERMSOOK The PRESIDING OFFICER. Without LIGIA B. VILLAJUANA MARK A. BUCKNER objection, it is so ordered. ABIGAIL T. WHITE LAURA N. CARLE ALFONZA WILLIS JOSHUA E. COHEN f BRANDON K. WOLF CAREY H. COLLINSDEISLEY JAMES S. ZMIJSKI DEREK T. FAGEN ADJOURNMENT UNTIL MONDAY, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EDWARD J. GIVENS, JR. JULY 24, 2017, AT 4 P.M. TO THE GRADE INDICATED IN THE UNITED STATES NAVY BENJAMIN M. GRAY UNDER TITLE 10, U.S.C., SECTION 624: JAYSON H. HUBER DAMON T. JENSEN Mr. MCCONNELL. Mr. President, if To be commander DAVID Z. LIU RUOHONG LIU there is no further business to come be- DOMINIC J. ANTENUCCI JASON W. MATHYS JOHN J. BOYD fore the Senate, I ask unanimous con- JENNIFER L. MCGUIREHAVEMAN LOUIS E. BUTLER CALEB J. NOORDMANS sent that it stand adjourned under the MATTHEW P. CUTCHEN MELANIE A. PERRY CHRISTOPHER J. DEERWESTER previous order. BARRY E. PETERSON HOLLY H. DIDAWICK There being no objection, the Senate, BRYAN P. RASMUSSEN GUY W. EDEN SHAWN D. TEUTSCH ERIKA C. GEHLEN at 5:11 p.m., adjourned until Monday, PHILLIP S. TIMMONS NATHANIEL R. GROSS July 24, 2017, at 4 p.m. JOSHUA C. TREESH BRIAN A. HAHN LESLIE H. TRIPPE TEMPERANCE C. HUFFSTETLER f WALTER B. VOLINSKI, JR. KIMBERLY J. KELLY EVAN R. WHITBECK NOMINATIONS JAMES M. KENNEDY, JR. BRIAN D. KORN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Executive nominations received by DAVID H. LEE TO THE GRADE INDICATED IN THE UNITED STATES NAVY COURTNEY E. LEWIS UNDER TITLE 10, U.S.C., SECTION 624: the Senate: ABIGAIL L. MEYERS To be commander DEPARTMENT OF STATE MARY R. MURPHY SARA A. ONEILMILLER THOMAS B. ABLEMAN JON M. HUNTSMAN, JR., OF UTAH, TO BE AMBASSADOR JEFFREY J. PIETRZYK JAVIER AGRAZ, JR. EXTRAORDINARY AND PLENIPOTENTIARY OF THE AARON M. RIGGIO ARRIEL E. ATIENZA

VerDate Sep 11 2014 04:48 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 9801 E:\CR\FM\A20JY6.024 S20JYPT1 S4122 CONGRESSIONAL RECORD — SENATE July 20, 2017

JONATHAN D. AUTEN ANIL N. SHAH JOHN M. MIYAHARA SARAH B. BALLARD MANISH SINGLA MICHAEL Q. OBANNON PATRICK D. BARKER JASON E. SMITH RONALD S. ODELL, JR. THOMAS K. BARLOW MONIQUE E. SMITH CHARLES A. OWENS JASON R. BERNHARD LEAH K. SPRING RAY F. RIVERS WILLIAM A. BOLLER KRISTINA J. STCLAIR DONALD W. ROGERS, JR. KIM E. BURKE THEODORE J. STEELMAN MARGARET E. SIEMER AMY A. CANUSO EDWARD T. STICKLE, JR. LEROY C. YOUNG GREGORY G. CAPRA NICHOLAS N. SWEET THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PETER N. CARBONE VIRGINIA P. TETI TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN M. CHILDS ROBERT N. UNISZKIEWICZ UNDER TITLE 10, U.S.C., SECTION 624: ANNA Y. CHOE JOHANNAH K. VALENTINE JAMES CHUNG MARCEL M. VARGAS To be commander DELBERT D. CLARK SHELTON A. VIOLA JAMES K. CLARK WILLIAM H. WARD THOMAS E. ARNOLD DEBRA D. COFFEY JOHN G. WHALEY RASAQ A. BALOGUN RANDY W. CONNOLLY KRISTI M. WOOD KRISTINA J. BICKING JERALD L. COOK JEFFREY C. WORTHLEY MICHAEL C. BISHOP PATRICK D. CRONYN BRUCE A. YEE JOSEPH R. BOSSI GARFIELD CROSS TIMOTHY J. CALVO EMILY L. CROSSMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID M. CARROLL LAWRENCE C. DECKER TO THE GRADE INDICATED IN THE UNITED STATES NAVY ABDUL R. CEVILLE JUSTIN J. DEGRADO UNDER TITLE 10, U.S.C., SECTION 624: TANYA K. CORMIER JULIE E. DIERKSHEIDE To be commander ANTHONY R. DICOLA BRIAN M. DIMMER JOHN C. DONNELLY MARK S. DOUGLAS ERIC W. HASS ANDRE L. FIELDS ADRIAN ELLIOTT GAIL M. MULLEAVY DAVID S. FUCHS, JR. KENNETH M. FECHNER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN L. GARBERT DARYL B. FICK, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY TERRY C. GRIGSBY ELIZABETH M. FOWLER UNDER TITLE 10, U.S.C., SECTION 624: JOHN P. HAGAN SHARI L. GENTRY JACKIE B. HURSE ANTONINO GERMANA To be commander WILLIAM M. JAKUBOWICZ LISA K. GIBSON CHRISTOPHER L. ALMOND MARCUS L. JONES DOMINIC T. GOMEZLEONARDELLI REBECCA W. BARRETT RICHARD D. JONES DAVID E. GREENE PETER R. BENSON CHRISTOPHER R. KADING STEVEN D. GRIJALVA BLAKE E. BURKET MORDOCAI KIFLU RICHARD T. GROSSART BRANDON M. CASPERSON CHRISTOPHER M. LOUNSBERRY SUZANNE R. GUDEMAN JUAN CHAVIRA TAQUINA T. LUSTER DAVID A. HELTZEL ANDREW D. CLINE BRIAN P. MADDEN KHRISTINA J. HOOVER JAMES M. DOHM MICHAEL H. MALONE KRISTOFER A. KAZLAUSKAS GRADY D. DONATHAN IV DANIEL W. METZ TERRENCE M. KILFOIL ELIZABETH A. DURIKA JASON A. MORGAN CHARLES C. KO ALAN W. EICHELMAN OWEN B. MORRISSEY KELLY G. KOREN TIMOTHY W. GLEASON SEAN A. NEER MICHAEL J. KRZYZANIAK LAKEEVA B. GUNDERSON QUY P. NGUYEN JACQUELINE S. LAMME JACKSON R. HABECK SEAN J. NUILA JONATHAN S. LEIBIG ROBERT B. HAGEL LEOPOLDO OCHOA, JR. DEREK N. LODICO BENJAMIN P. HOFMAN DAVID J. OZECK KATHLEEN M. LOVE CARL E. JACKSON, JR. ANDREW M. PHILLIPS MARTIN W. LUNCEFORD WEURIELUS D. JOHNSON NICOLE C. PONDER DOUGLAS C. MCADAMS TIMOTHY W. KABER JAMES A. PROSSER JONATHAN D. MCDIVITT GREG C. KIRK JECISKEN RAMSEY LUCAS S. MCDONALD ROBERT D. KLEINMAN MATTHEW B. REED SEAN F. MCGRATH DENNIS LA KEVIN C. RICHARDSON JIAN M. MEI CHAD M. MARSHALL DENA B. RISLEY ELLIE C. K. MENTLER ANGELIQUE N. MCBEE BRANDOLYN N. ROBERTS DEREK M. MILETICH ANDREW W. OLSEN CHRISTOPHER F. ROESNER KYLE E. MILLER BRYAN M. PARNELL FRANKLIN B. SEMILLA LYNITA H. MULLINS FEDERICO PEREZROMERO BRAN M. SHERMAN THOMAS J. MURPHY II WILLIAM R. PITCAIRN IV MATTHEW J. SHIELS WAYNE T. MURPHY AARON J. RIPPLE JAIME J. SIQUEIROS JOSHUA D. NASSIRI DANIEL J. SCHMITT TAMARA T. SONON MEGHANN E. NELLES JACOB W. SEGALLA JOSEPH K. SPEDE BENJAMIN E. NELSON THOMAS J. SOLETHER SHANE D. STATEN LUKE C. NICHOLAS JUSTIN D. SPINKS JESSE K. TAIJERON JUSTIN J. NORK CORTNEY B. STRINGHAM DOUGLAS H. THOMPSON ALFRED J. OWINGS II BENJAMIN H. TURNER MICHAEL L. TUCKER DAVID A. PAZ DANIEL W. WALL NICHOLAS A. ULMER ANGEL J. PEREZ JOSE L. VARGAS JAMI J. PETERSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANGELA C. WATSON CHRISTOPHER R. PHILLIPS TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER T. WILSON HUY Q. PHUN UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL P. YUNKER EVELYN M. POTOCHNY To be commander HOWARD I. PRYOR II f BENJAMIN N. QUARTEY ROBERT E. BRADSHAW JODIE D. RAPPE AARON C. CARLTON WILLIAM W. REYNOLDS, JR. THOMAS T. COOK CONFIRMATION NELLY K. RICE JAMES L. DANCE JAMES R. RIPPLE JERRY D. DURHAM Executive nomination confirmed by CHRISTA M. ROBINSON STEPHEN D. FISHER MATTHEW W. ROSE PAUL B. GREER the Senate July 20, 2017: BRIANNA L. RUPP JEFFERY B. JENKINS THE JUDICIARY MICHELLE J. SANGIORGI TAVIS J. LONG JOSEPH W. SCHMITZ HARVEY C. MACKLIN JOHN KENNETH BUSH, OF KENTUCKY, TO BE UNITED ALBERT J. SCHUETTE, JR. MARC H. MASSIE STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT.

VerDate Sep 11 2014 04:48 Jul 21, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 9801 E:\CR\FM\A20JY6.010 S20JYPT1