Michael Enzi

Mr. ENZI

Mr. ENZI. Mr. President, I ask unanimous consent that the Senate be in a period of morning business, with Senators permitted to speak therein for up to 10 minutes each.

Mr. ENZI

Mr. ENZI. Mr. President, section 4105 of H. Con. Res. 71, the concurrent resolution on the budget for fiscal year 2018, makes out of order any amendment to a fiscal year 2018 reconciliation measure if the amendment has an unknown budgetary effect. As chairman of the Budget Committee, I have reviewed S. Amdt. 1846 and determined that it has an unknown budgetary effect. Therefore, section 4105 applies to S. Amdt. 1846. This amendment is susceptible to a section 4105 point of order.

Mr. ENZI

Mr. ENZI. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 347, submitted earlier today.

Mr. ENZI. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. ENZI

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

Mr. ENZI

Mr. ENZI. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 3 p.m., Monday, December 4; 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; finally, that following leader remarks, the Senate proceed to executive session and resume consideration of the Nielsen nomination as under the previous order.

Mr. ENZI

Mr. ENZI. Mr. President, on behalf of the majority leader, I ask unanimous consent that Senator King now be recognized to offer a motion to commit, which is at the desk; that the time until 4 p.m. be equally divided in the usual form for debate on the motion; that at 4 p.m., the Senate vote in relation to the motion with no intervening action or debate. I further ask that following disposition of the motion, the majority leader or his designee be recognized.

Mr. ENZI

Mr. ENZI. Mr. President, this is a historic day, as the Senate begins consideration of tax reform that will help boost America's economy, create more jobs, and leave more money in people's paychecks. The House and Senate passage last month of the fiscal year 2018 budget resolution marked an important first step toward tax relief for American families and job creators that will jump-start economic growth. The resolution gave the Senate Finance Committee the headroom to come up with comprehensive tax reform, and it instructed the Senate Energy and Natural Resources Committee to save $1 billion. Finance Committee Chairman Hatch and Energy and Natural Resources Committee Chairwoman Murkowski both deserve praise for developing legislative recommendations that fit with the budget resolution's reconciliation instructions, and I thank them for their efforts. Yesterday, the Senate Budget Committee took the next step by combining the legislative recommendations from the Finance and the Energy and Natural Resources Committees and reporting the combined bill to the full Senate for consideration. This put our Nation one step closer to real tax reform while advancing American energy security. It is past time for us to act. A lot of things have changed since the last major tax reform in 1986, and unfortunately our Tax Code hasn't kept pace with those changes. It is an outdated mess that is hurting American workers and holding back our economy. That is why we need tax reform that will make our system simpler and fairer and allow people to keep more of what they earn. The bill before us will do that. It will help grow the economy, create jobs, and ensure that hard-working Americans aren't missing available tax relief. This bill also will provide relief to small, family-owned businesses. We want to make sure that small businesses, which currently employ the majority of the private sector in Wyoming and are the backbone of our communities all over the country, have the opportunity to grow and provide more jobs. If you care about jobs, if you care about American companies staying here and being able to compete globally, then you should also care about reforming our business tax system. America has the fourth highest corporate rate in the world. We need to encourage companies to bring back their overseas money to increase the number of jobs here in the United States. Lowering our uncommonly high and uncompetitive business tax rate would be one of the quickest ways to solve the problem. It is time we make America a more inviting place to invest, to do business, and to create jobs. We heard a lot of rhetoric yesterday in our committee meeting where we reported this bill, and I expect we will be hearing a lot more of the same arguments over the next couple of days. So I want to address some of the claims made by my colleagues on the other side of the aisle yesterday. Several Members complained that there have been zero hearings on this reconciliation legislation and that this has been a rushed process. Nothing could be further from the truth. The entire 2018 budget reconciliation process has been open, transparent, and subject to regular order, starting with the passage of the Senate budget resolution. The Senate Budget Committee marked up the budget over 2 days and accepted amendments from both sides of the aisle to make the resolution stronger. In fact, for the first time ever, the minority was given a copy of the chairman's bill 5 days prior to the start of the markup. According to many of my colleagues, it was one of the most transparent budget resolution markups in history. The budget resolution, complete with the reconciliation instructions being used this week, was then debated on the floor in an open process that allowed every Senator the opportunity to offer and vote on amendments to improve the resolution before its final passage. That set in motion the instructed committees' process for producing recommendations. Over the last 6 years, the Senate Finance Committee has held 70 hearings on how the Tax Code can be improved and streamlined to work better for all Americans. Earlier this month, the Senate Finance Committee held a 4-day markup before finally approving tax reform legislation designed to modernize our Tax Code. The markup lasted 23 hours and 34 minutes over the course of those 4 days. Of the more than 350 amendments filed, 69 were asked to be considered in committee. An additional 35 amendments, offered by both Democrats and Republicans, were included in the final bill reported out of committee. On November 2, the Senate Energy and Natural Resources Committee held a hearing to receive testimony on the potential for oil and gas exploration and development in the so-called 1002 area of the Arctic National Wildlife Refuge, or ANWR. On November 15, after adopting a bipartisan amendment, the committee approved, with bipartisan support, legislation authorizing responsible development in the 1002 area and meeting the $1 billion reconciliation deficit reduction target. Let me explain what we are talking about. ANWR is 19.3 million acres. It is about the size of South Carolina. The 1002 area is 1.57 million acres--about the size of Delaware. The area within 1002 that we are talking about for development is just 2,000 acres, which is smaller than the Fargo, ND, airport. When the Budget Committee met yesterday, consistent with our responsibility under the Congressional Budget Act, we were only allowed to combine the recommendations of the two committees. We reported the combined bill to the full Senate. As provided by law, no amendments were allowed because, under the Budget Act, our committee is prohibited from substantially changing either committee's approved recommendations. Now that this bill is on the floor, however, it will be subject to the amendment process. For reconciliation bills like this, the amount of amendments that can be offered is unlimited. Several Members yesterday accused us of no longer caring about overspending and the debt. Again, this is completely false. Better tax policy will boost the value of everything we produce, and this will mean more revenue for the Federal Government. The cost of this bill that you will hear my colleagues on the other side of the aisle argue assumes the bill has little effect on the economy. That assumption is based on the sluggish growth we have had recently. In 2016, annual GDP growth was 1.6 percent, but our historical average growth is 3.2 percent. Under President Trump's efforts and the hope that he has brought to working Americans, our economy has grown at more than 3 percent over the last two quarters. If we only get to 2.4 percent growth in the private sector, this bill will be paid for. If we reach 3.2 percent growth, part of the debt will be paid down with the extra revenue that will be generated. We have tried stimulus, and it left us with the 1.6 percent. We have tried cutting. In Washington, if you don't give the amount of increase that people are asking for but you give them more money than they had last year, that is considered a cut. So cuts haven't worked here, either. So what is the other option that we have? Growing the economy. Now, I want to repeat that in 2016 the annual GDP growth was 1.6 percent, but our historical average growth is 3.2 percent. And under President Trump's efforts and the hope he has brought to working Americans, our economy has grown at more than 3 percent over the last two quarters, without this. If we only get to 2.4 percent growth in the private sector, this bill will be paid for. I believe we can reach the 3.2-percent growth, and part of the debt will be paid down from the extra revenue that will be generated. Some people will say that after tax cuts before, the deficit has gone up. I hope you check and see that the revenue has gone up, but the spending went up bigger. It is like somebody winning the lottery and spending their winnings twice. This reconciliation bill will make concrete reforms to the broken U.S. Tax Code and put the American economy back on a growth track. This tax plan is an investment in hard-working Americans, one that will produce more jobs and result in higher wages and a stronger and more competitive American economy. You are probably going to hear a lot of screaming going on in speeches this week. Please don't confuse volume with veracity or truth. I look forward to working with my colleagues to help pass this bill. It will not only benefit hard-working Americans, but it will make our economy and our country stronger. I yield the floor.

Mr. ENZI

Mr. ENZI. Mr. President, section 3003 of H. Con. Res. 71, the concurrent resolution on the budget for fiscal year 2018, allows the chairman of the Senate Budget Committee to revise the allocations, aggregates and levels in the budget resolution for legislation considered under the resolution's reconciliation instructions. I find that S. Amdt. 1618 fulfills the conditions found in section 3003 of H. Con. Res. 71. Accordingly, I am revising the allocations to the Committee on Finance, the Committee on Energy and Natural Resources, and other enforceable budgetary levels to account for the budgetary effects of the amendment. I ask unanimous consent that the accompanying tables, which provide details about the adjustment, be printed in the Record.

Mr. ENZI

Mr. ENZI. Mr. President, I ask unanimous consent for six additional full floor access passes to be equally divided between the majority and the minority during the consideration of H.R. 1 for the following staffers: for the majority, Eric Euland, Rebecca Cole, and Paul Vinovich; for the minority, Mike Jones, Jill Harrelson, and Josh Smith; finally, that Natalie Rico, a fellow in Senator Sanders' office, be granted floor privileges during the consideration of H.R. 1.

Mr. ENZI

Mr. ENZI. Mr. President, I wish to congratulate Unker's Therapeutic Products for its 35th year in business. This is an impressive milestone for their organization. Unker's Therapeutic Products' story of starting out with Patrick Henry's hard work in his garage to being a staple in Wyoming and even sponsoring racecars is the embodiment of the American dream. I am pleased to hear of the company's success and of the plans to continue this business for years to come. Unker's Therapeutic Products provides both good jobs and much-needed services to the people of our towns and communities. It is greatly appreciated. Good businesses make for strongly knit communities, and that helps us all. President and CEO Patricia Pendelton and all the folks at Unker's Therapeutic Products can be very proud they have served Weston County and the State of Wyoming for so long. Their hard work and determined effort have played a part in its current and continued success. I extend my best wishes and congratulations to Patricia and to everyone who is a part of this company. Thank you.

Mr. ENZI

Mr. ENZI. Mr. President, H. Con. Res. 71, the fiscal year 2018 congressional budget resolution, included an instruction to the chairman of the Senate Committee on the Budget to file enforceable levels in the Senate in the event the budget was agreed to without the need to appoint a committee of conference on the measure. On Thursday, October 19, 2017, the Senate passed the budget by a vote of 51-48. On Thursday, October 26, 2017, the House of Representatives passed the budget without any changes on a vote of 216-212. As such, today I wish to submit the required filing found in the resolution. Specifically, section 4113 of the fiscal year 2018 congressional budget resolution requires the chairman to file: No. 1, an allocation for fiscal year 2018 for the Committee on Appropriations; No. 2, an allocation for all committees other than the Committee on Appropriations for the fiscal year 2018, fiscal year 2018 to 2022, and fiscal year 2018 to 2027 periods; and No. 3, a list of accounts eligible to receive advance appropriations. The figures included in this filing are consistent with the spending limits set forth in the Budget Control Act of 2011 and the levels included in H. Con. Res. 71, as adjusted to include the budgetary effects of legislation that were enacted after the baseline for the resolution was constructed but before passage of the resolution by the House of Representatives, pursuant to section 4205 of the resolution. Adjustments for the budgetary effects of the following enacted legislation were included: Countering America's Adversaries Through Sanction Act, H.R. 3364; VA Choice and Quality Employment Act of 2017, S. 114; Harry W. Colmery Veterans Educational Assistance Act of 2017, H.R. 3218; FDA Reauthorization Act of 2017, H.R. 2430; Granting the consent and approval of Congress for the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to enter into a compact relating to the establishment of the Washington Metrorail Safety Commission, H.J. Res. 76; Emergency Aid to American Survivors of Hurricanes Irma and Jose Overseas Act, H.R. 3732; Department of Veterans Affairs Expiring Authorities Act of 2017, H.R. 3819; Disaster Tax Relief and Airport and Airway Extension Act of 2017, H.R. 3823; Hurricanes Harvey, Irma and Maria Education Relief Act of 2017, S. 1866; Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017, H.R. 601; and Additional Supplemental Appropriations for Disaster Relief Requirement Act of 2017, H.R. 2266. For purposes of enforcing the Senate's pay-as-you-go rule, which is now found in section 4106 of this resolution, I am resetting the Senate's scorecard to zero for all fiscal years. All years in the accompanying tables are fiscal years. I ask unanimous consent that the accompanying tables be printed in the Record.

Mr. ENZI

Mr. ENZI. Mr. President, I wish to congratulate Keith Bowar of Gillette, WY, on finishing his fourth term as president of the Wyoming Conference of Building Officials Chapter of the International Code Council. This is a great milestone, an instant replay memory Mr. Bowar will cherish and remember for a long time to come. I commend Mr. Bowar for all that he has been able to accomplish over the years both in the Wyoming Conference of Building Officials and as a building code professional. For 23 years, he has dedicated himself to furthering public safety, beginning in 1994 as a building inspector for the city of Gillette and advancing to the position of chief building official for Campbell County in 2011. Mr. Bowar's elevation to president of the Wyoming Conference of Building Officials was a recognition by his peers of his dedication and effectiveness, and he used the position to improve building and fire safety throughout Wyoming. The challenges Mr. Bowar faced and the changes that he helped to bring to the world around him reflect the way he uses his skills and knowledge to make a difference in so many ways. I send my best wishes to Mr. Bower on completing his tenure as president of the Wyoming Conference of Building Officials and for his service to Wyoming. Thank you.

Mr. ENZI

Mr. ENZI. Mr. President, while I am disappointed that we didn't continue the tradition of alternating speakers, I am glad that I got to hear both of the previous speakers. I used to work with the Senators from Colorado to make sure that there were pictures taken annually from the same spots to show the way the trees are dying. There was an infestation that was causing this. The only reason we don't still take those pictures is all the trees are dead. You can't show that it is spreading when they are all dead. They need to be cleaned up, and I am glad there is work being done on forest management. On healthcare, there is some effort being made between Senator Alexander and Senator Murray to get a bipartisan bill, but what we need to do around here is get some of the appointments finished up so that the President can have the people in place to solve these problems. We are having to spend 30 hours on the cloture of a district judge. I have never heard of that. I have been here 21 years now, and I have never heard of that. We have to get the appointments through. That is one of our prime jobs--to provide advice and consent for the President--and it is not happening on a timely basis. We have had to do 44 cloture motions on different people for the administration. At this point in President Obama's first term, that had only happened five times. With the previous President, it hadn't happened at all, and the previous one, it had only happened once. Already 44 times this year, it has taken us around 30 hours to get somebody through the process, and we have hundreds waiting to get through the process. That is one of our primary jobs. If we can't get those through the process, it is pretty hard for us to do the legislation we need to do.

Mr. ENZI

Mr. ENZI. Mr. President, I know of no further amendments to the resolution. Amendment No. 1116, as Amended

Mr. ENZI. That is the substitute. I yield back time on that.

Mr. ENZI. Madam President, I ask for the yeas and nays.

Mr. ENZI. Madam President, this amendment is corrosive to the budget resolution's privilege. So it falls outside the scope of what is appropriate for inclusion. Adoption of corrosive amendments could be fatal to the resolution's privilege, and loss of privilege could compromise our ability to pass tax reform and enforce the budget spending limits. Further, this amendment is also nongermane. The Congressional Budget Act requires that amendments to a budget resolution be germane, which is a statutory requirement we can't ignore. So I raise a point of order against this amendment under the Budget Act, section 305(b)(2).

Mr. ENZI. Mr. President, I ask unanimous consent that the following amendments be called up en bloc and reported by number: Flake No. 1178, Baldwin No. 1139, Rubio No. 1205, Heitkamp No. 1228, Portman No. 1422, Donnelly No. 1234, and Kaine No. 1249. I further ask consent that at 3 p.m., all time on the resolution be yielded back and the Senate vote in relation to the amendments in the order listed; that there be no second-degree amendments in order to these seven amendments prior to the votes; finally, that there be 2 minutes equally divided between the managers or their designees prior to each vote and that all votes after the first in this series be 10 minutes in length.

Mr. ENZI. For the information of all Senators, these are the first seven amendments we will consider during vote-arama, and we will work to get an agreement on a final list of amendments during these votes. I yield the floor.

Mr. ENZI. Mr. President, I urge my colleagues to oppose this amendment, which would create an uneven playing field for the upcoming congressional reconciliation. If adopted, this amendment would reinstate a point of order from the fiscal year 2008 budget resolution, which Congress repealed 2 years ago. It was repealed to ensure equal treatment of all reconciliation bills by restoring the level playing field that had existed prior to the adoption of the point of order in 2008. That was used under the Byrd rule. The Byrd rule specifically does not require such budget neutrality inside the budget window. Why? Because reconciliation was designed to be neutral in its orientation. The Budget Act states that reconciliation instructions must enumerate changes in spending and revenue amounts. It does not stipulate those changes must be increases or decreases. The fiscal year 2016 budget resolution restored the longstanding neutrality principle of the Byrd rule. It was the right thing to do then, and we should reaffirm that position today. I urge my colleagues to oppose this amendment.

Mr. ENZI. I ask for the yeas and nays.

Mr. ENZI. Mr. President, again, this is another attempt to do the Finance Committee's work as part of the budget. I urge my colleagues to oppose this amendment. The amendment would inappropriately bind the Finance Committee's work on any tax legislation it writes. This point of order is meant to be a poison pill in the process and would set a 60-vote threshold on tax reform, effectively killing its efforts through reconciliation. This resolution's instructions to Finance do not specify the policy or the provisions that are going to be reported out of the committee, but the framework, as stated, will be just as progressive as the current Tax Code. The chairman of the Finance Committee and members can assure you of that result. This amendment is unnecessary, and I urge my colleagues to oppose it. I raise a point of order against this amendment under the Budget Act, section 305(b)(2).

Mr. ENZI. Mr. President, I ask unanimous consent that the Donnelly amendment be modified with the text of his amendment No. 1423, which is at the desk.

Mr. ENZI. Mr. President, I further ask that the pending Kaine amendment be temporarily laid aside and that the Brown amendment No. 1378 be made pending and be the next vote in the series, with 2 minutes of debate prior to the vote.