Mike Crapo

Mr. CRAPO

Mr. CRAPO. I move to concur in the House amendment, and I ask unanimous consent that the motion be agreed to and that the motion to reconsider be considered made and laid upon the table.

Mr. CRAPO

Mr. CRAPO. I know of no further debate on the bill.

Mr. CRAPO. I ask unanimous consent that the motion to reconsider be considered made and laid upon the table.

Mr. CRAPO

Mr. CRAPO. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 10 a.m., Tuesday, December 18; further, that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and morning business be closed; further, that following leader remarks, the Senate resume consideration of the House message to accompany S. 756; further, that the Senate recess from 12:30 p.m. until 2:15 p.m. to allow for the weekly caucus meetings; finally, that all time during recess, adjournment, morning business, and leader remarks count postcloture on the motion to concur with further amendment to S. 756.

Mr. CRAPO

Mr. CRAPO. Mr. President, I ask unanimous consent that the Commerce, Science, and Transportation Committee be discharged from further consideration of S. 3238.

Mr. CRAPO. I further ask unanimous consent that the Schatz substitute amendment at the desk be considered and agreed to; that the bill, as amended, be read a third time and passed; and that the motion to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. CRAPO

Mr. CRAPO. Mr. President, if there is no further business to come before the Senate, I ask that it stand adjourned under the previous order.

Mr. CRAPO

Mr. CRAPO. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. CRAPO

Mr. CRAPO. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. CRAPO. Mr. President, I rise to speak in support of the nomination of Kathy Kraninger to be Director of the Consumer Financial Protection Bureau. Ms. Kraninger has had a distinguished career in public service, with exposure to a diverse set of Federal agencies. She brings significant leadership experience at Federal agencies on Capitol Hill, with particular expertise in the budget and appropriations processes. She has served as Associate Director for General Government at the Office of Management and Budget since March 2017. In that capacity, she oversees nearly $250 billion in the budgetary resources for seven Cabinet Departments, and 30 other Federal Agencies, including the Bureau. In addition, she serves as OMB's principal policy official for issues related to the Treasury Department, the Department of Housing and Urban Affairs, and Federal financial regulators. Prior to her time at OMB, Ms. Kraninger served in leadership positions at the Department of Transportation and the Department of Homeland Security, as well as having served on the staff of several congressional committees, including on the Senate Appropriations Committee. As Director of the Bureau, Ms. Kraninger would be charged with overseeing the market for consumer financial products and services, enforcing many Federal consumer financial laws, and protecting consumers. The Bureau's supervision, regulation, and enforcement decisions have an immense impact on consumers' access to critical financial products and services. At her nomination hearing, Ms. Kraninger reiterated her dedication to fulfilling the Bureau's congressional mandate of ensuring all consumers have access to markets for consumer financial products and services that are fair, transparent, and competitive. At her hearing, Ms. Kraninger identified what her first four priorities would be if she were to be confirmed: ensuring the Bureau is fair and transparent, including the use of robust cost-benefit analysis, notice and comment rulemaking, and tailoring regulations to ensure that consumers are not unnecessarily and smaller companies are not disproportionately harmed; improving collaboration with other financial regulators in the States on supervision and enforcement; limiting data collection to only what is necessary and strengthening its protection; and making sure the Bureau is held accountable. She was also forceful in saying: Nothing is more destructive to competitive markets and consumer choice than fraudulent behavior. Under my stewardship, the Bureau will take aggressive action against bad actors who break the rules by engaging in fraud and other illegal activity. It is good that Ms. Kraninger plans to prioritize limiting data collection and strengthening the protection of consumers' sensitive, personal financial information. I have long been critical of big data collection activities by private organizations and Federal agencies, particularly that of the Bureau and its encroachment into the private financial lives of Americans across this country. The Bureau's data collection is especially concerning in light of the number of high-profile cyber attacks in recent years and news about how outside groups have collected private information from Facebook users. It is important that the Bureau, other Federal agencies, and private organizations comprehensively review their data collection processes and narrow and enhance those processes to better protect consumers' personal information. Big data and privacy issues will be a major priority for the Banking Committee in this next Congress. There is growing support to give people the necessary tools to protect their privacy and opt out of certain data collection. I am confident that Ms. Kraninger is well prepared to lead the Bureau in enforcing Federal consumer financial laws, in protecting consumers' sensitive personal financial information, and in increasing its transparency and accountability. In fact, many of these issues were key points of discussion during Ms. Kraninger's nomination hearing. Senator Tillis asked Ms. Kraninger about the Bureau's immense power and level of accountability. Ms. Kraninger told the Banking Committee: ``I have noted that my focus is on running the agency as Congress established it, but, certainly, working with Members of Congress, I'm very open to changes in the structure that will make the agency more accountable and transparent.'' In responding to a question that Senator Toomey posed about the Bureau's potential impact on small businesses, Ms. Kraninger said: I absolutely believe that there is a limited intent for the Bureau to be engaged in small business oversight or engagement there. So that's something that should be limited. Senator Moran asked Ms. Kraninger about providing greater clarity to companies that are overseen by the Bureau, to which she responded: I completely agree that it is critical to have clear rules so that lenders, creditors, and consumers themselves know what the rules are, that they are not, somehow, told after the fact that they broke a rule they weren't even aware of or that it had, somehow, changed without any proper notice and comment process, to really understand the impacts and the opportunity to tailor. In addition, numerous key stakeholders have written to the Banking Committee in support of Ms. Kraninger's nomination and to emphasize the positive attributes that prepare her to lead the Bureau. Ms. Kraninger has received widespread support from community banks and credit unions, consumer bankers, housing organizations and Realtors, taxpayer advocacy groups, and auto dealers. Rebeca Romero Rainey, the president and CEO of the Independent Community Bankers of America, said: I believe she understands the critical role played by community banks in creating access to consumer and small business credit and supporting prosperity in American communities. This perspective will strengthen the Bureau's rulemaking. I also believe she has a strong commitment to making the Bureau accountable, effective and efficient. Following Ms. Kraninger's being reported favorably from the Banking Committee, Rob Nichols, the president and CEO of the American Bankers Association, said: Ms. Kraninger detailed her substantial government and management experience that would help her lead the Bureau, and she committed to satisfying the Bureau's mandate of ensuring consumers have access to financial products and services that are ``fair, transparent and competitive.'' We welcome that commitment and her pledge to maintain transparency and accountability if confirmed. Jim Nussle, the president and CEO of the Credit Union National Association, said that until the Bureau's structure moves from a single Director to a bipartisan commission, ``consumers and regulated entities will be best served by a Senate-confirmed, permanent Director leading the Bureau.'' Dan Berger, the president and CEO of the National Association of Federally-Insured Credit Unions, said: ``A Senate-confirmed, full-time Director of the Bureau will help provide regulatory certainty and clarity while providing important leadership and long-term focus that will allow credit unions to continue to meet the needs of their members.'' Neil Bradley, the executive vice president and chief policy officer of the U.S. Chamber of Commerce, said: ``Ms. Kraninger's experience will serve her well as the Director of the Bureau, especially as it aims to be a more transparent and accountable agency.'' Richard Hunt, the president and CEO of the Consumer Bankers Association, said that until the Bureau moves from a single Director to a bipartisan commission, ``it is imperative the Bureau have a permanent and full-time Director to fulfill its mission, and we look forward to working with Ms. Kraninger on commonsense regulations that protect consumers while also allowing a well-regulated banking system to serve families, small businesses, and local communities. CBA is grateful to Acting Director Mick Mulvaney for his leadership at the agency and for his willingness to listen to the opinions of all stakeholders.'' The Bureau was the most polarizing part of Dodd-Frank, and it is not surprising that the confirmation votes of then-nominee Richard Cordray and now Kathy Kraninger are contentious. Some of Ms. Kraninger's opponents have raised questions about her potential involvement with respect to the administration's zero-tolerance policy and the administration's response to Hurricane Maria. During her nomination hearing, I asked Ms. Kraninger to what extent, if any, she was involved in the development of the administration's zero-tolerance policy or the administration's response to Hurricane Maria. She responded: ``I had no role in setting the zero-tolerance policy.'' She also said, with respect to Hurricane Maria, that in the Office of Management and Budget, including herself, ``we have a role in reviewing disaster declaration recommendations that go to the President. So we are involved from that point. We also put together, at the Office of Management and Budget, the supplemental requests that the administration puts forward to the Hill when they are necessary. Clearly, additional resources were needed [last fall], and the Office of Management and Budget supported the President in putting forward those requests that Congress considered and obviously responded to in providing the resources necessary.'' Since Director Cordray's departure, I know some of my colleagues on the other side of the aisle have been frustrated by the Bureau under Acting Director Mulvaney's leadership. Given changes at the Agency over the last year and frustration felt on both sides of the aisle, now is an appropriate time to reconsider the fundamental structure of the Bureau to increase its accountability and transparency. I continue to support a bipartisan commission instead of a single Director, a congressional funding mechanism, and a safety and soundness check. It would also be appropriate to give the Bureau its own inspector general. For the past year, the Bureau has been led by an Acting Director. It is time for the Senate to confirm a permanent Director. I support Ms. Kraninger, and I urge my colleagues to join me in voting yes on her nomination. I yield the floor.

Mr. CRAPO

Mr. CRAPO. Mr. President, I rise to speak on the nomination of Commissioner Michelle Bowman to be a Member of the Board of Governors of the Federal Reserve System. The Federal Reserve is charged with ensuring financial institutions are safe and sound, promoting financial stability and carrying out U.S. monetary policy. Decisions made by the Federal Reserve have a significant impact on the economy, businesses, and households across the Nation. Commissioner Bowman is highly qualified to fill the Federal Reserve Board role reserved for a person with community banking experience. Commissioner Bowman has served as the State Bank Commissioner of Kansas since February 2017. Prior to that, she worked as a vice president at Farmers and Drovers Bank, a Kansas-based community bank with $175 million in assets. She has also previously served in a number of government roles, including as a staffer in both the Senate and House, as well as in various roles at the Department of Homeland Security. Commissioner Bowman learned banking from the frontlines to the back office at Farmers and Drovers Bank, an institution with which her family first became involved in 1882. As a former community banker and bank regulator, she is intimately familiar with the business of banking, its regulatory framework, and how regulators' decisions impact banks and the communities in which they operate. She knows firsthand the unique relationships that community banks foster with their local communities, often operating through relationship banking to provide access to credit, support employment, and promote economic growth. In her nomination hearing, Commissioner Bowman noted, ``I have witnessed firsthand how the regulatory environment created in the aftermath of the crisis has disadvantaged community banks.'' ``If confirmed, I will bring this perspective to my work at the Board to ensure that rules preserve the resiliency of the financial system, but are appropriately tailored to the size, complexity and risk of an institution.'' I am encouraged by the attention she has paid to the need to appropriately tailor regulations and the potential consequences of not doing so. In May, the President signed into law S. 2155, the Economic Growth, Regulatory Relief, and Consumer Protection Act. This bill tailors regulations for midsized and regional banks and provides meaningful relief to community banks. Commissioner Bowman brings a unique expertise and perspective to the Federal Reserve as it continues implementing key provisions of the bill. The Federal Reserve also sets U.S. monetary policy. In her confirmation hearing, Commissioner Bowman reassured the Banking Committee that her decisions would be based on sound economic policies. This is significant during a period of monetary policy normalization at the Fed. I am confident she will contribute positively toward the Federal Reserve fulfilling its mission. I will be voting in favor of Commissioner Bowman's nomination today, and I urge my colleagues to do the same.

Mr. CRAPO

Mr. CRAPO. Mr. President, along with my colleague Senator James E. Risch, I congratulate Judge Ryan Nelson of Idaho Falls on his Senate confirmation to serve as a judge on the Ninth Circuit Court of Appeals. Throughout his diverse legal career, Ryan Nelson developed the necessary tools to serve the U.S. Ninth Circuit Court of Appeals as a sound and principled jurist. Since 2009, Ryan Nelson has served as general counsel of Idaho Falls-based Melaleuca, Inc. Before joining Melaleuca, Mr. Nelson served in the Federal Government as special counsel for Supreme Court nominations to the ranking member of the Senate Judiciary Committee; as deputy general counsel to the White House Office of Management and Budget; and as deputy assistant attorney general in the Environment and Natural Resources Division of the United States Department of Justice, DOJ. At the DOJ, Mr. Nelson argued 13 cases in the U.S. Courts of Appeals and was division counsel for 50 briefs filed in the Supreme Court. Before joining the DOJ, Mr. Nelson practiced in the Washington, DC, office of Sidley Austin LLP, where he was a member of the firm's appellate, litigation, products liability, and religious liberties practice groups. Upon graduation from law school, Mr. Nelson served as a law clerk to Judge Karen LeCraft Henderson of the U.S. Court of Appeals for the District of Columbia Circuit and to Judges Charles Brower and Richard Mosk of the Iran-U.S. Claims Tribunal at The Hague. Mr. Nelson earned his B.A. from Brigham Young University, BYU, and his J.D., with honors, from BYU Law School, where he was inducted into the Order of the Coif and served as a lead articles editor of the BYU Law Review. Ryan has been widely recognized by his colleagues for his judgement and legal expertise and will respect and be a servant of the law. He understands that a judge is responsible for interpreting and applying the Constitution and laws of the land as they are written and not to be a maker of laws from the bench. Congratulations, Ryan, on your confirmation, and thank you for bringing your valuable perspective to the court.

Mr. CRAPO

Mr. CRAPO. Mr. President, today I wish to honor a dedicated and treasured member of my staff, Margaret Ballard, and thank her for her more than 21 years of congressional service. Margaret joined my congressional staff as an intern in 1997 when I served in the U.S. House of Representatives and as she was studying for her master's degree at Boise State University. She quickly proved herself to be bright, adept, and dependable, traits that have made her an integral member of my staff. She currently serves as administrative director and has served in this position since late 2001, but she has carried out many different tasks and filled in for various State positions as we developed as an organization. Her experience, knowledge, and skill from working in so many areas enable her to understand the roles of fellow staff and effectively connect office functions. Margaret is the glue that holds my office together. As administrative director, she oversees the day-to-day administrative work that is so critical to office functions and responsiveness to the people of Idaho. Margaret keeps track of the intricate details and requirements of operating a Senate office, including the Senate rules. Margaret also recognizes staff achievements and finds opportunities to provide levity and boost morale. She has carried out meticulous work to enhance office operations and coordinate the efforts of the staff. Her long-term dedication to this effort has been vital to ensuring office efficiency. Every organization needs Margaret's kind of continuity and know-how. To put the many changes Margaret has been a part of over the past 20 years into perspective, she recalls that, when she started back in 1997, all State offices had to share a dial-up internet connection and she had to coordinate when each office could call in and connect for internet service. With the technological advances since, those connection phases are a dim memory. Margaret has handled each new phase with tact and proficiency as she helped build our office administratively. Prior to joining my staff, Margaret was the State emergency response commission chief of staff for 9 and a half years. Before that position, she was an administrative assistant for the mayor and city council of Glendale, CO, for 2 and a half years. She has worked in all three levels of government, local, State, and Federal Service. On a personal note, Margaret and her husband Troy Gugel have a son and daughter. They are grandparents to a grandson and have a granddaughter on the way. Margaret, thank you for your steady, committed, and skilled work all these years. The adjectives I could list to describe you could go on and on: well-organized, resourceful, professional. Above all, I know that I have always been able to count on you to get the job done well for the people of Idaho. This is the core of what it means to be an outstanding member of the staff and, more importantly, a friend. Congratulations on the work milestone you have surpassed, and thank for lending your talents to working on behalf of Idahoans all these years.

Mr. CRAPO

Mr. CRAPO. Mr. President, today I wish to honor Paul J. Schneider, who is retiring from NewsTalk 670 KBOI, of Boise, ID, after more than 51 years in radio and television. Paul J. Schneider, known as Paul J, started working for the station in 1967 and has been a mainstay of thoughtful reporting since. He called Boise State University football and basketball games for decades as ``Voice of the Broncos.'' Idahoans and many others have no doubt taken solace during their morning commutes with Paul J's interesting and cheerful discussions. He has been a treasured voice underscoring significant local and world events. Over the years, he has no doubt observed and taken part in many innovations in broadcasting and significant local and national happenings. When announcing Paul J's retirement, the station noted, ``His storied radio career has seen plenty of benchmark moments, including but not limited to: the first radio interview with President Richard Nixon in 1972 after Watergate; covering the prison riots at the Idaho Penitentiary in 1971 and 1973; and calling Boise State Football's first trip to the Fiesta Bowl in 2007.'' Descriptions of him are peppered with words such as greatly respected, trusted, professional, iconic, wise, and humorous. His experience and affection for the community he has chosen to make his home all these years comes through in his commentary. He has received numerous honors throughout his career that include being inducted into the Boise State Athletic Hall of Fame in 2018, more than 50 Idaho State Broadcasting Association awards, and Boise's Key to the City in 2017. The press box at Albertsons Stadium and the Cumulus broadcast building have been named in his honor. I understand he is looking forward to sleeping in during his retirement, and I hope he gets some well-deserved rest for all the years he has devoted to keeping Idahoans informed. It is also good to hear that he will still be using his talents to produce, blog, and cover sports. Knowing that Idahoans will still get to benefit from his humor, skill, and engaging commentary is heartening, as I wish him well in his retirement. Paul J, congratulations on your extraordinary career and leaving a lasting mark in Idaho radio and the lives of countless Idahoans. I wish you all the best.

Mr. CRAPO

Mr. CRAPO. Mr. President, today I wish to recognize the 2018 Idaho Hometown Hero Medalists. Idahoans who are extraordinarily dedicated to hard work, self- improvement, and community service are honored each year since 2011 with the Idaho Hometown Hero Medal. Drs. Fahim and Naeem Rahim established this award to recognize outstanding Idahoans working for the betterment of our communities. Ten Idahoans were selected to receive the award this year. They were honored at a celebration themed Lighting the Future, for those who are inspiring and leading the way for a better tomorrow. Liyah Babayan, a refugee from Azerbaijan living in Twin Falls, is being honored for her efforts to raise awareness and resources to address chronic posttraumatic stress disorder, PTSD, in refugees, especially children. Christian Colonel, of Pocatello, is a former Major League Baseball player honored for using his understanding of alcoholism to reach out to area high school students about the severe impact of alcohol abuse and addiction. Russell Davies, of Chubbuck, who is president of PTSD Veteran Athletes, is being honored for his extraordinary commitment to veterans and the local community. Pocatello small business owner and former police officer Nicolas Garcia is being honored for his charitable activities in the community that include sponsoring a Thanksgiving dinner to provide food and fellowship to others, donating generously to Highland High School Hispanic Awareness Leadership Organization, support for local law enforcement, and many other community efforts. Peggy Elliott Goldwyn, of Sun Valley, who is the founder of the Family of Woman Film Festival, is recognized for her mentorship of young women, using filmmaking to raise awareness about issues affecting women and children, and creating opportunities for other filmmakers and storytellers who stand up for women's rights. Thirteen-year-old Alexander Knoll, of Post Falls, is receiving the award for his human rights advocacy, international speaking and app invention, including an app to help people with disabilities navigate public spaces by providing information about wheelchair ramps, disabled parking, braille menus, and more. Carrie Madden, of Idaho Falls, who lost her daughter, McKenzie, to domestic violence, is being honored for turning the loss of McKenzie into a nationwide movement that brings recognition to this violent epidemic that impacts families nationwide. Retired Lieutenant Colonel Reginald R. Reeves, an Idaho Falls attorney and executive director of the Sun Valley Charitable Foundation, Inc., is recognized for his service to others in many capacities, including his facilitation of donations of food and other goods to those in need and providing pro bono advocacy for Active military and veterans and service to others in other capacities. Lesli Schei, of Chubbuck, is being recognized for her outstanding leadership and tireless efforts in serving children across Idaho through the Parent Teacher Association, as well as serving abused, abandoned, and neglected children in southeastern Idaho. Bowen Toomey, an 11-year-old who was born in Serbia and lives in Eagle, has not let physical challenges hold him back and is being recognized for his energy, determination, and inspiration. I thank the Rahims, the award's committee members, the cosponsors, volunteers, and other organizations supporting this honor for spotlighting great, caring work in our communities. I also thank these 10 honorees for their acts of kindness that, without a doubt, inspire others. I commend them for their leadership and representation of countless Idahoans who have not yet been honored who contribute each day to bettering our communities. Congratulations to the 2018 Idaho Hometown Hero Award recipients on your achievements, and thank you for your exceptionalism in our communities.

Mr. CRAPO

Mr. CRAPO. Mr. President, today I wish to recognize National POW/MIA Day and honor the servicemembers who have not yet made it home. We can never give up in bringing them home and getting answers for their loved ones who await their return. I commend those who work during this national recognition each September and throughout the year to raise awareness about the continued need to return our missing servicemembers. This includes members of the POW*MIA Awareness Rally Corp. of Pocatello, ID, who hold rallies and other events to keep a spotlight on the immense service of our Nation's veterans. Also, thank you to those who are working hard to bring all of our servicemembers home. The Defense POW/MIA Accounting Agency, which is the organization primarily responsible for coordinating and conducting research and recovery efforts for POW and MIA soldiers, reports that more than 82,000 Americans remain missing from World War II, the Korean war, the Vietnam war, the Cold War, the Gulf wars, and other conflicts. This includes 355 remaining POW and MIA veterans from Idaho. So far this month, the agency has reported accounting for 18 missing servicemembers, most of whom were lost in the attack on Pearl Harbor. This work of identifying and returning our servicemembers is no doubt painstaking, but imperative. Until we account for all our missing and bring each of these Americans home, wounds remain unhealed. I pray that all of the families and friends of missing servicemembers experience the long-awaited return of their loved ones. May all those who serve our Nation feel how grateful we are for their security of the blessings of our liberty. Let's bring them all home.

Mr. CRAPO

Mr. CRAPO. Mr. President, along with my colleagues Senator James Risch and Representative Mike Simpson, today I wish to call attention to an important event taking place today at the U.S. Department of Energy's, DOE, 890-square-mile site in Idaho. Today, Idaho National Laboratory, INL, personnel ran the first experiments in the Transient Reactor Test, TREAT, facility in nearly a quarter century. Idaho National Laboratory is our Nation's lead nuclear energy research, development, and demonstration laboratory, the place where 52 original nuclear reactors were constructed and demonstrated. One of those reactors was the TREAT facility, which operated from 1959-1994, and remained fully fueled while on standby status. Transient testing focuses upon testing nuclear fuel under accident conditions. TREAT is one of the most capable and flexible transient test reactors in the world. Following the accident at the Fukushima-Daiichi Power Plant in Japan 7 years ago, Congress directed the DOE to develop reactor fuels that could better withstand accident conditions. During TREAT's 35 operating years, the reactor performed 6,604 reactor startups and 2,884 transient irradiations. Given this history, it made more sense to restart the facility than build a new reactor. That decision paid off when, on August 31, 2017, the Resumption of Transient Testing Program was completed more than 1 year ahead of schedule and approximately $17 million under budget. This highly successful restart at the TREAT facility was recognized in August, when a joint DOE-INL team won the Secretary of Energy Award. This award recognizes DOE employees or contractors who accomplish significant achievements. It is the highest nonmonetary internal recognition that can be achieved at the DOE. U.S. Secretary of Energy Rick Perry highlighted the TREAT restart team's effort and efficiency, and recognized the importance of the facility to nuclear energy scientists and engineers as they work to develop advanced nuclear fuels and reactor technologies. Congratulations, INL and DOE, on the TREAT restart and for bringing back online an important national asset in the effort to develop the advanced nuclear reactors so vital to our economy, environment, and national security.

Mr. CRAPO

Mr. CRAPO. Mr. President, my colleague Senator Jim Risch joins me today in paying tribute to the veterans of the 116th Combat Engineer Battalion in recognition of the battalion's 50-year grand reunion. In 1968, the 116th Combat Engineer Battalion deployed to Vietnam. The battalion was made up of approximately 800 Idaho National Guard soldiers from National Guard companies based in Idaho. The soldiers' tasks included clearing and repairing roads. The soldiers who served in the 116th Battalion were an integral part of the war effort. They have been credited with swiftly and effectively reconstructing airfields, building bases, clearing thousands of acres of minefields and jungle, constructing thousands of square feet of buildings and bridges, moving critical supplies and equipment, providing access to water, and more. Their legacy of outstanding, dedicated service remains a hallmark of the battalion. Veterans who served in the battalion are gathering in Idaho Falls on September 14-15, 2018. As they join with their fellow veterans and family and share memories and life experiences, we thank them for their service to our Nation. We wish veterans of the 116th Combat Engineer Battalion, your families, and loved ones all the best for an enjoyable reunion and honor you for your remarkable service to our country.

Mr. CRAPO

Mr. CRAPO. Mr. President, I rise today in support of Elad Roisman, who has been nominated to serve on the U.S. Securities and Exchange Commission. On June 1, 2018, President Trump announced his intention to nominate Elad to be the Commissioner of the Securities and Exchange Commission for a 5-year term. Elad currently serves as chief counsel for the Banking Committee. I and many members of the committee can personally attest to his qualifications for this position. He has an impressive command of securities law, a keen intellect and work ethic, and has always exhibited a steadfast commitment to doing what is right. Those attributes were manifest during his nomination testimony hearing a few weeks ago. He was subsequently voted out of the committee by voice vote with unanimous bipartisan support. As many on the Banking Committee know, Elad is intimately familiar with the inner workings of the SEC, having previously served as counsel to Commissioner Daniel Gallagher and as chief counsel at the NYSE Euronext. He is highly regarded by those with whom he has worked and is an exceptionally qualified candidate for this position. The SEC has an important three-part mission: protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation. Each part of this mission is equally important and should not come at the expense of another. In his nomination hearing, Elad echoed the importance of this mission and committed to furthering it. He stressed the need to promote investor confidence in both the markets and the SEC itself and the importance of dispelling the perception that markets are inaccessible or rigged against the little guy. He committed to ensuring that the SEC has a strong enforcement program--one that holds regulated entities and individuals accountable. Elad also emphasized that the SEC must listen to small business owners and investors, many of whom do not make it to Washington regularly, whose perspectives are incredibly important to the SEC's work and its continued improvement of capital markets. The U.S. financial system and markets are the preferred destination for investors throughout the world, and the SEC has an important role in ensuring that it remains so. Capital markets drive innovation and job creation, and access to them is the lifeblood of our economy. Elad has consistently demonstrated a commitment to ensuring that our markets remain the envy of the world, and I am confident he will work hard to make sure the U.S. financial markets can thrive while also protecting investors. I personally want to thank Elad for his tireless service to the Senate and for being a trusted resource and ally of mine. I urge my colleagues to vote yes on the cloture motion and to support his nomination so he can quickly get to work for the American people. Mr. President, I yield the floor. I suggest the absence of a quorum.

Mr. CRAPO. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. CRAPO

Mr. CRAPO. Mr. President, I rise in support of the nomination of the Honorable Richard Clarida to be a member and Vice Chairman of the Board of Governors of the Federal Reserve System. Dr. Clarida has a breadth of private sector, government, and academic experience involving both monetary policy and financial markets. At his nomination hearing in the Banking Committee, he demonstrated his expertise and provided members insight of how his background, knowledge, and experience will aid the Federal Reserve Board and the country. This was evidenced when he received bipartisan support from members of the Banking Committee with a vote of 20-5. Dr. Clarida currently serves as managing director and global strategic advisor at PIMCO, a position he has held since 2006. Previously, he served as Assistant Secretary of the Treasury for Economic Policy from 2002 to 2003 and as a senior staff economist with the Council of Economic Advisers from 1986 to 1987. In his academic career, he was an assistant professor at Yale University from 1983 to 1988 and has served as a professor of economics at Columbia University in various capacities since 1988. If confirmed, Dr. Clarida will play an important role in monetary policy normalization. Dr. Clarida has written extensively about monetary policy and, along with others, developed a framework for monetary policy analysis that has been widely cited and used by policymakers around the world. Such expertise will be especially important as the Fed continues to wind down its balance sheet and raise interest rates after years at the zero lower bound. The Fed has also begun the important work of implementing S. 2155, the Economic Growth, Regulatory Relief, and Consumer Protection Act, which was signed into law on May 24 of this year. If confirmed as a member and Vice Chairman of the Board of Governors, I look forward to working with Dr. Clarida on these important issues. The Board of Governors currently has vacancies, with only three sitting members to carry out its vital work. I strongly support this nomination today and urge my colleagues to do the same.

Mr. CRAPO

Mr. CRAPO. Mr. President, I rise to speak about the President's nomination of appellate judge Brett Kavanaugh to serve as an Associate Justice of the U.S. Supreme Court. On July 9, President Trump announced his selection of Judge Kavanaugh to be the 114th Justice in our Nation's proud history. For a practicing lawyer, serving on our highest Court is the pinnacle of achievement, and nomination to the Bench is testament to a distinguished legal career. When we imagine a Supreme Court Justice, we think of respected jurists, well-steeped in legal questions, rigorous in attention to detail, respectful of traditions, faithful to the law, awed by the recognition of the proud and profound responsibility wielded, and fair to all involved. Our legal system requires it, and the American people value it among their highest ideals of government. Throughout our history, the central tension of our Republic can be defined as the exercise of government power versus liberty. Each expands at the expense of the other. Finding a way for both central authority and individual freedom to coexist and support each other remains our biggest challenge and will remain so long into the future. To preserve the limits on an ever-expanding Federal Government, our Founding Fathers conceived of a system of interlocking powers that support each other but serve as a necessary restraint against tyrannical behavior of any. We all know it as the principle of separation of powers, with each of the three branches acting as a check on the others. The Constitution's appointments clause defines one of the most consequential duties of our Federal Government, and it illustrates the working application of the checks and balances dynamic. Article II, section 2, clause 2 of the Constitution provides that the President ``shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court'' and others. This provision interlocks the executive branch with the legislature. Neither can succeed without the other. At its best, this is a partnership functioning well. At its worst, either side can deny the other's success. One popular but misguided criticism made of Judge Kavanaugh centers around his academic study of the separation of powers in our Federal system. In one scholarly writing, he explores the legal structures of our government and the dangers presented by over-politicizing the relationship between the branches. He describes the enormous challenges faced by President Clinton and President Bush in carrying out their constitutional duties while political difficulties swirled about them and the impact that had on the efficient administration of government. Much hyperbole has been spoken about Judge Kavanaugh's keen observations. Whether you find yourself on the political right or the left, few would dispute his central point--that a government system rendered inoperative benefits no one. To quote Alexander Hamilton in Federalist Paper No. 70, ``A feeble Executive implies a feeble execution of the government.'' Judge Kavanaugh offers a number of options for the political branches of government to explore and points out the pros and cons of them. The opposite view held by Judge Kavanaugh's critics is, then, by extension, the status quo of Washington's dysfunction. As a jurist, in his legal opinions, Judge Kavanaugh has consistently demonstrated a willingness to reign in both Congress and the Executive when they overstep their constitutional bounds. In a town where acquiring power seems ingrained, having a judge committed to preserving the constitutional function of each branch cannot be overstated. Yet some would have you believe that Judge Kavanaugh's understanding of the proper operation of our system of government is a threat to the very Republic and disqualifying to serve on our highest Court. I disagree. His analysis is insightful and should be eagerly embraced by civic students throughout the country. In the weeks since President Trump nominated Judge Kavanaugh for the Court, special interests have kicked into overdrive, peddling one imagined conspiracy after another. Variously, I have heard people suggest that Judge Kavanaugh is a threat to the people of every race, creed, gender, and age. Some have even unleashed prophecies of biblical gloom and doom awaiting the confirmation of a Justice Kavanaugh. Still others have called on opponents of Judge Kavanaugh's to use every possible tool to stop his confirmation, including the extreme step of shutting down the government should things not go their way. So, facing a nominee with impeccable credentials, opponents must imagine a boogeyman. Fortunately, people see past those attacks because they are the same attacks they lobbed when President Bush nominated Justice Souter and when President Reagan nominated Justice Kennedy. Failing at that, some opponents of Judge Kavanaugh's are hoping to demand an endless stream of documents to delay confirmation proceedings indefinitely. These opponents claim that the process is unfair and lacks transparency, when in reality the opposite is true. As Chairman Grassley of the Judiciary Committee so eloquently pointed out at a recent Senate Judiciary meeting, none of these criticisms hold any weight. There will have been 57 days between the announcement of Judge Kavanaugh's nomination and the date of his confirmation hearing--a longer period than Senators had for Justices Sotomayor, Kagan, and Gorsuch. Judge Kavanaugh has submitted more than 17,000 pages with his bipartisan Judiciary Committee questionnaire, which is the most extensive questionnaire ever sent a nominee. The committee has also received hundreds of thousands of pages of documents from Judge Kavanaugh's service in the executive branch. This, too, is already more than any Supreme Court nominee before him, and documents are continuing to be sent to the committee for review. Chairman Grassley is working tirelessly to make the vast majority publicly available as quickly as possible, and I appreciate and applaud his transparency. I recognize the politics and the purpose behind these creative but misguided attacks, and so does the American public. Judge Kavanaugh's experience and legal background are not in dispute. His readiness for the Supreme Court is not contested. His law clerks vouch for him. Lawyers who argue before him commend him for his judgment, his fairness, and his temperament. His peers admire and respect his intellect and draw regularly from his opinions. In short, he is a judge's judge. In fact, nearly every one of his former clerks signed a letter extolling the qualifications that he has, his virtues, and his temperament. So widespread was the support of their former mentor that only those who were prohibited by their employer from signing were left off. Newspaper editorial boards from across the country have endorsed his nomination. Here are just some of the dozens of glowing testimonials about Judge Kavanaugh: The Wall Street Journal: Judge Kavanaugh has an exemplary record that suggests he will help to restore the Supreme Court to its proper, more modest role in American politics and society. . . . He has the experience and intellect to be a leader on the Court, not merely a predictable vote on this or that issue. The Detroit News: Brett Kavanaugh's credentials, his commitment to judicial independence, his unassailable character, his record as a judge dedicated to the Constitution and his likability should overwhelm the Senate skeptics who will be tempted to oppose him simply because he was appointed by Trump. The Richmond Times-Dispatch: If one were to create an ideal resume for the position of Supreme Court justice, it would not look terribly different from Brett Michael Kavanaugh's curriculum vitae. President Trump's nominee to replace Justice Anthony Kennedy is more than qualified for the job. . . . Indeed, Kavanaugh's qualifications are impeccable--unfortunately, that won't stop him from being lambasted by the opposition on the left concerned about his conservative values. The Las Vegas Review-Journal: Judge Kavanaugh is imminently accomplished. . . . Judge Kavanaugh is firmly in the judicial mainstream, although Democrats will no doubt try to twist him into a rabid, dangerous extremist. He is, in fact, a constitutionalist who believes that judges should follow the nation's founding document rather than interpret law to achieve desired ends. The Lowell Sun in Massachusetts: What Democrats cannot question is Brett Kavanaugh's credentials. . . . After all the drama and histrionics, sensible Democrats should put politics aside and vote to make him the ninth member of the Supreme Court. Judge Kavanaugh is one of the most qualified nominees ever for the Supreme Court. He has been nominated to succeed Justice Kennedy, a man for whom he once clerked and called a ``mentor.'' With over 300 authored opinions and 12 years of service on the bench, he is a judge with a clear record demonstrating that he applies the law as written and enforces the Constitution. He values precedent and wrote, along with Justice Gorsuch and others, ``The Law of Judicial Precedent,'' a scholarly piece on the importance of stare decisis. Many critics argue that a Justice Kavanaugh would likely be the key to unlocking any number of Supreme Court precedents. I wonder, though, how many have actually read this book and understand that he is someone who has given exhaustive and weighty consideration to important legal questions. But we should take him at his own words: The judge's job is to interpret the law, not to make the law or make policy. So read the words of the statute as written. Read the text of the Constitution as written, mindful of history and tradition. Don't make up new constitutional rights that are not in the text of the Constitution. Don't shy away from enforcing constitutional rights that are in the text of the Constitution. Judge Kavanaugh is a respected jurist with a sterling reputation for intellectual rigor and attention to legal detail. He understands the proper role of a judge in our legal system--to fairly interpret the law, not create it. He thinks deeply about the legal questions before him and strives to build consensus on the court. As stated by his former law clerks, ``Judge Kavanaugh never assumes he knows the answers in advance and never takes for granted that his view of the law will prevail.'' He actively solicits views from all sides of the argument--all the better to form a lasting and well- reasoned opinion. I look forward to the Senate Judiciary Committee's upcoming hearings, when the public can hear directly from Judge Kavanaugh, in his own words, the proper role of a judge in our legal system. I am confident Judge Kavanaugh will demonstrate the rigorous intellect, the fealty to law, and the judicial temperament that have long defined his career on the bench. Thank you. I suggest the absence of a quorum.

Mr. CRAPO

Mr. CRAPO. Mr. President, today, I wish to salute Ken Flanz, my longtime legislative director and senior-most legislative policy adviser who is retiring from the Senate, for his nearly 30 years of devoted congressional service. Next month, he joins his loving wife, Meghan, in her hometown in southern California. I was honored to attend their wedding in 2003 at St. John's Church near the White House, with their families and friends. Ken has been an integral part of my legislative team since he became part of my staff in 1997 during my service in the U.S. House of Representatives. He joined my staff after working for former Representative Martin Hoke, from 1993-1997 and former Representative Bill McCollum, from 1990-1991. His tenure on Capitol Hill has a wide range, having worked in both legislative bodies, in every Congress stretching back to the 101st Congress, five Presidential administrations, leadership shifts, and staff changes. His integrity, dedication, and longevity have served my State and our Nation well throughout. Beyond his leadership on my senior management team, Ken has taken on tremendous responsibilities, as I have counted on him to cover many different issues over the years. He has been a trusted counsel, providing detailed work and advancing my policy agenda on diverse matters, including appropriations, international trade, intelligence, foreign affairs, energy, the environment, government reform, and the Federal judiciary. This includes his work covering my role as a Commissioner on the National Commission on Fiscal Responsibility and Reform and leadership with the Canada-U.S. Interparliamentary Group for many years. Ken understands the nuance, skill, and discretion needed to effectively navigate work with other countries and differing viewpoints, and he has taken on the challenges with tact and diplomacy. Ken also assisted with my assignments on at least six committees, including Senate Finance; Senate Banking, Housing, and Urban Affairs; Senate Environment and Public Works; Senate Judiciary; Senate Indian Affairs; and the Joint Select Committee on Solvency of Multiemployer Pension Plans. During my tenure in the House, he also assisted me on the House Energy and Commerce and Agriculture Committees. He has always been ready and able to fill gaps and cover what needs to be done as he has supported and filled out the staff. In addition to his principal issue assignments, he has covered taxes, healthcare, and education when staff vacancies occurred or the need required. Simply put, the complete list of policy issues he has handled throughout his time in Congress is extensive and likely too long test. Ken can also point to achievements in helping me enact legislation relating to environmental protections, defense initiatives, Tribal sovereignty, land conveyances, and delivering assistance to Idaho communities and institutions. He was also instrumental in advancing and confirming executive branch and judicial branch nominees important to Idaho. As legislative director, Ken has managed, led, and mentored over five dozen legislative team members and agency fellows. He has trained and guided so many young legislative minds into successful careers and shared his consummate understanding of the legislative process and policy efforts. It is telling on how much Ken has valued his relationship and mentorship with those on his staff when he requested, as a farewell gesture, photos with each one who could be available during his last month in my office. Without exception, they all trust and admire Ken and point to his guidance as part of their successes today. He has an extraordinary depth of knowledge and understanding that has been invaluable and will be deeply missed in and beyond the Senate community where he has worked with many colleagues over the years. As a Stennis Congressional Fellow and a Woodrow Wilson Foreign Policy Fellow, Ken deepened his knowledge and skills that have made him effective in his commitment to serve the public. I extend my deep gratitude to you, Ken, for the more than 21 years you have devoted to serving as member of my staff and the 28 years you have worked in Congress. Thank you for your thoughtful guidance all of these years. I wish you and Meghan all the best as you head West and start your next chapter.

Mr. CRAPO

Mr. CRAPO. Madam President, I rise to speak about title XVII of the NDAA, which reforms the Committee on Foreign Investment in the United States, or CFIUS, and export controls. The last time CFIUS underwent reform was in 2007. Recognizing that the foreign investment and national security landscape has changed significantly over the past decade, Senators Cornyn and Feinstein led the charge by introducing the Foreign Investment Risk Review Modernization Act, FIRRMA, last November. They and others deserve a tremendous amount of credit for their critical leadership on this issue. As the Banking Committee examined this issue, it became clear that the appropriate outlet for addressing the national security concerns highlighted by Senator Cornyn and others would involve not only CFIUS reform, but export control modernization as well. With the help of Senator Brown and all of my colleagues on the Banking Committee, we were able to craft a bipartisan product which passed out of committee in May with a unanimous 25-0 vote. I thank Senator Brown and all of my colleagues on the committee for their efforts and contributions to the bill. Additionally, the bill would not have been possible without the technical expertise and leadership of the team at the Department of Treasury, as well as the Commerce and Defense Departments, and the other interagency stakeholders who provided input. I thank them as well. Throughout the entire process, we received strong support from the Armed Services Committee, who allowed us to include FIRRMA in this year's NDAA and maintained the integrity of the bill in that process. For that, I thank Chairman McCain, Senators Reed and Inhofe, and other members of the Armed Services Committee. Our counterparts on House Financial Services, Foreign Affairs, Energy and Commerce, and Armed Services Committees were equally instrumental in developing the final bill and seeing it across the finish line in the House. I thank Chairman Hensarling and Ranking Member Waters for their leadership on the concurrent House efforts and their work to improve the bill in conference. I also thank Chairman Royce and Ranking Member Engel of the House Foreign Affairs Committee for their work in repealing and replacing parts of the Export Administration Act, which was needed since the statute lapsed more than two decades ago. The final bill that appears in NDAA is the result of months of bipartisan, bicameral, and cross-government efforts to appropriately tailor and modernize CFIUS and export control authorities to ensure the continued protection of U.S. national security, while promoting foreign investments in the U.S. Notably, CFIUS's jurisdiction is expanded to cover four new areas of investments, namely certain minority, noncontrolling investments pertaining to critical technology, critical infrastructure, and exposure of sensitive personal data; changes in a foreigner's rights regarding a US business; the purchase, lease, or concession by or to a foreign person of certain real estate in close proximity to sensitive facilities; and any other vehicle designed to evade CFIUS. Additionally, the bill creates a concept of declarations, or ``light filings,'' which may be submitted voluntarily or are required for certain transactions where a foreign government has a substantial interest and may be required for transactions where critical technology is involved. The bill also makes critical improvements to the administrative workings of CFIUS including timing of reviews, structure, funding, and examination of resource needs. In addition to modifying parts of the Export Administration Act, the bill requires the President to establish an interagency process to identify emerging and foundational technologies that are not currently subject to export controls and authorizes the Secretary of Commerce to establish appropriate controls on such technology. To complement those new authorities, the bill strengthens export control enforcement authorities. The legislation that we are voting on today represents a very serious, bipartisan effort to ensure that our critical technologies are safeguarded, while preserving important free market principles and an open foreign investment environment. I am proud to support the final product and again thank my colleagues in the Senate, House, and various agencies for their hard work and efforts to advance this critical legislation.

Mr. CRAPO

Mr. CRAPO. Mr. President, I agree with my colleague that homeowners affected by flood disasters would benefit from greater certainty through a longer-term reauthorization. I would agree that meaningful reform is necessary to sustain the National Flood Insurance Program, NFIP. As chairman of the Senate Banking Committee, it is my goal to bring bipartisan reform to the program. Our Nation has seen some devastating disasters involving floods and related natural disasters, especially in the last two decades. With those disasters, the NFIP has amassed significant debt to the US Treasury. The underlying program is not structurally sound and too few people are protected from flood risk. Comprehensive reforms to the program are important to improve the program's fiscal condition, ensure more homeowners are covered against the risk of loss from flooding, and enable the program to better serve current policyholders. I agree with Senator Enzi. There is still work to be done to make the NFIP more sustainable. Any long-term reauthorization must include important bipartisan reforms. While short-term extensions are not ideal, short- term extensions afford Congress needed time to address numerous concerns.