Cory Gardner

Mr. GARDNER

Mr. GARDNER. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 10 a.m., Thursday, February 16; that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, and 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, as under the previous order.

Mr. GARDNER

Mr. GARDNER. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 41, submitted earlier today.

Mr. GARDNER. I further 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. GARDNER

Mr. GARDNER. I further 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. GARDNER. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 40, submitted earlier today.

Mr. GARDNER

Mr. GARDNER. Mr. President, I ask unanimous consent that not withstanding the resolution of the Senate of January 24, 1901, the traditional reading of Washington's Farewell Address take place on Monday, February 27, 2017, at a time to be determined by the majority leader in consultation with the Democratic leader.

Mr. GARDNER

Mr. GARDNER. 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. GARDNER

Mr. GARDNER. Mr. President, as I stated repeatedly before the Presidential election of this past year, we stood, and continue to stand, at a very pivotal time in our Nation's history. After 8 years of using the judicial and regulatory systems to push through its legislative agenda, the balance of power had shifted from what our Founders intended. Our Founders intended the Congress to make the laws and write the laws, the executive branch to implement the laws, and the judiciary to be guardians of the Constitution, not to make the laws. That is why we said that the next President of the United States, whether they be Democrat or Republican, would have the opportunity to fill the vacancy on the Supreme Court, following the Biden rule--the edict that there wouldn't be a confirmation hearing for a Supreme Court nominee until after that year's Presidential election--to allow the American people to make their decision, giving the American people a say in the direction of this country for years to come. In return, they have given us this nominee. It is with great pride that I rise today to talk about the nominee today--a fellow Coloradan, Judge Neil Gorsuch, President Trump's nominee to the Supreme Court. Judge Gorsuch comes to the Court with that unique western perspective that the Presiding Officer and I share. Our States of Utah and Colorado obviously like to see that western perspective shared at the Tenth Circuit Court, where it is housed in the West, but at every level of our courts and to the Supreme Court-- adding to Justice Kennedy's background and to others who share that same perspective and history in the Supreme Court. Born in Denver, Judge Gorsuch is a fourth-generation Coloradan, coming from a long line of individuals who have dedicated their life to service not only to the State of Colorado but to the Nation. His mother, Ann Gorsuch, served in the Colorado House of Representatives and, during the Reagan administration, she was the first female Administrator of the Environmental Protection Agency. His grandfather, John Gorsuch, founded one of Denver's largest law firms, Gorsuch Kirgis, where both he and Neil's father, Dave, practiced throughout the firm's successful 60-year-old history. His stepfather, Robert Buford, was a former speaker of the Colorado House of Representatives who went on to become the head of the Bureau of Land Management. Judge Gorsuch is also one of our country's brightest legal minds, with a sterling reputation, and significant experience as a Federal judge and a private litigator. He has impeccable academic credentials and is a widely respected legal scholar. He received his bachelor's degree from Columbia University, graduated from Harvard Law School, and was a Marshall scholar at Oxford University, where he obtained a doctorate in legal philosophy. Of course, I cannot forget the summer he spent at the University of Colorado as well. Judge Gorsuch clerked for two Supreme Court justices--Byron White, a Colorado native as well. In fact, in his comments last night after the announcement of his nomination, Judge Gorsuch mentioned that he worked for the only Coloradan to serve on the Supreme Court and also the only leading rusher in the NFL to ever serve on the Supreme Court. He also clerked for Justice Anthony Kennedy, as well as for Judge David Sentelle on the U.S. Court of Appeals for the DC Circuit. Following his clerkships, Judge Gorsuch went into private practice, eventually rising to the rank of partner in the elite litigation law firm of Kellogg Huber, leaving practice in 2005 to serve as a high-ranking official in the Bush administration Justice Department. A year later, President George W. Bush nominated Gorsuch to serve on the Tenth Circuit Court of Appeals, a position for which he was confirmed by a unanimous vote. I think it is very telling that not only was he confirmed by a unanimous vote, but roughly 11 or 12 members of the Democratic conference were there to vote for Judge Gorsuch. There are people serving today who voted for Judge Gorsuch. I believe SCOTUSblog recently reported that when Judge Gorsuch was nominated to the Tenth Circuit Court, then, Neil Gorsuch's confirmation hearing was sparsely attended. I believe it mentioned that only a few people attended. I think Senator Lindsey Graham, our colleague from South Carolina, was one of the Senators to attend his confirmation hearing. I believe Senator Leahy, our colleague from Vermont, submitted questions for the record. But as SCOTUSblog cited, very few people attended his confirmation hearing because of the high caliber and high quality of the nomination. He was introduced by my predecessor from Colorado, Ken Salazar, and was praised from Senator Salazar's perspective for being impartial, fair, and the having the kind of temperament that we need in the circuit court. Judge Gorsuch is an ardent faithful defender of the Constitution and has the appropriate temperament, as then-Senator Salazar noted, to serve on the Nation's highest Court. Of course, he was then talking about the Tenth Circuit Court. Judge Gorsuch recognizes that the judiciary isn't the place for social or constitutional experimentation, and efforts to engage in such experimentation delegitimizes the Court. He has said: This overweening addiction to the courtroom as the place to debate social policy is bad for the country and bad for the judiciary. . . . As a society, we lose the benefit of the give-and-take of the political process and the flexibility of social experimentation that only the elected branches can provide. Here we see his understanding that certain debates are to take place where debate is held by those elected directly by the people--in the Congress. Judge Gorsuch believes in the separation of powers as established by our Founding Fathers in the Constitution. As he rightly stated, ``a firm and independent judiciary is critical to a well-functioning democracy,'' understanding the value of three branches of government, the value of an independent judiciary, understanding that there are certain things dedicated exclusively to the judiciary, to the legislative branch, and to the executive. Judge Gorsuch is not an ideologue. He is a mainstream jurist who follows the law as written and doesn't try to supplant it with his personal policy preferences. He said: ``Personal politics or policy preferences have no useful role in judging; regular and healthy doses of self-skepticism and humility about one's own abilities and conclusions always do.'' Judge Gorsuch understands the advantage of democratic institutions and the special authority and legitimacy that come from the consent of the government. He said: ``Judges must allow the elected branches of government to flourish and citizens, through their elected representatives, to make laws appropriate to the facts and circumstances of the day.'' Judge Gorsuch appreciates the rule of law and respects the considered judgment of those who came before him. He said: Precedent is to be respected and honored. It is not something to be diminished or demeaned. This morning, I had the opportunity to meet with Judge Gorsuch--of course, knowing him from Colorado and the town of Boulder, where he lives today, and also where I received my law degree. We spent a lot of time talking about our favorite passions in Colorado, whether it is fly-fishing, whether it is paddle-boarding. Of course, he spends a lot of time out on the Boulder Reservoir, enjoying recreation--just like every other person in Boulder does and every other person in Colorado does--as somebody who understands the great outdoors. We talked about the rule of law. We talked about the separation of powers, his concern over originalism and textualism, and following in the footsteps of other great Justices on the Supreme Court. We talked about something he said last night when his name was put forward for nomination by President Trump. We talked about a statement he made to this effect: If a judge likes every opinion that they have written, every decision that they have reached, they are probably a bad judge. I think this goes to his insistence that, as a judge, you must put your personal beliefs, your personal policies aside to rule as the rule of law requires and to rule as the Constitution and the statutes require. We discussed in our meeting decisions he made of which he didn't like the outcome but believed that the rule of law required a certain outcome--whether it was a felon who possessed a handgun or whether the Federal Government had misspoken to the accused and he believed that the government had done the accused wrong. While Judge Gorsuch personally believed that perhaps he would have liked to have found a guilty decision or agreed with a guilty decision, he couldn't do it because of the standards that were applied in the case--the grammatical gravity that had to be ignored in order to reach the conclusion the lower court had reached. His ability to put personal opinions aside, I think, is what makes him an ideal candidate for the U.S. Supreme Court. Over the coming days and months, we are going to have many opportunities to talk about the qualities of Judge Gorsuch, but we have already heard many people complain that perhaps they didn't pay enough attention to Judge Gorsuch 10 years ago. They talked about their concern, this newfound concern that was not available--that apparently wasn't there 10 years ago when this Senate unanimously supported Judge Gorsuch. I have even heard complaints that they didn't like the way that his nomination was announced--a complaint about how the President announced the nomination. Those are the kinds of concerns we are hearing about Judge Gorsuch today because they didn't like the way he was announced. We are going to have a lot of opportunity to talk about his temperament, those things he believes are important as a judge, those things he believes are important to make decisions. I look forward to having a conversation about what I believe is a brilliant legal mind-- someone of a brilliant legal mind, someone with a sterling reputation, someone who has been known as a feeder judge of clerks to the highest Court in the land, someone who rules on the law and not on his personal beliefs, someone who believes in the Constitution and not in the role of legislator from the bench. I am grateful I had this opportunity to support a Coloradan, a man of the West, to Nation's highest Court, and I look forward to working to place Judge Gorsuch as Associate Justice to the U.S. Supreme Court. Mr. President, I yield back my time.

Mr. GARDNER

Mr. GARDNER. I now ask for a second reading and, in order to place the bill on the calendar under provisions of rule XIV, I object to my own request.

Mr. GARDNER. Mr. President, I understand there is a bill at the desk, and I ask for its first reading.

Mr. GARDNER

Mr. GARDNER. 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, following the remarks of Senator Whitehouse.

Mr. GARDNER

Mr. GARDNER. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 11 a.m., Thursday, February 2; that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, and the time for the two leaders be reserved for their use later in the day; further, that following leader remarks, the Senate resume consideration of H.J. Res. 38; finally, that there be 6 hours of debate remaining, equally divided in the usual form.

Mr. GARDNER

Mr. GARDNER. Mr. President, I understand an appointment was made during the adjournment of the Senate, and I ask it be stated for the Record.

Mr. GARDNER

Mr. GARDNER. Mr. President, I ask to have printed in the Record a copy of my remarks to the Longmont Chamber of Commerce on its 130th anniversary. The material follows: remarks to the longmont chamber of commerce I rise today to honor the Longmont Chamber of Commerce on its 130th anniversary. For more than 100 years, this chamber of commerce has been an important resource for businesses of all sizes in the Longmont area. Colorado's Northern front range has experienced significant growth within the past few years, with an influx of residents moving to this region. Longmont, which sits in Weld and Boulder counties, is now home to nearly 100,000 people. The community's strong manufacturing, agriculture, and innovative technology companies have all contributed to Longmont's development. The Longmont Chamber of Commerce has been an active participant in helping all industries succeed and grow. Annual events, like the ``Unity in the Community'' event, draw more than 1,000 representatives from business, government, and nonprofit organizations. In addition, Longmont has received multiple recognitions for its ability to problem solve, and make their community a better place to live for all residents. In 2006, Longmont received the All- America City Award from the National Civic League, and in 2008, was named as one of the Top 100 Best Places to Live by Money Magazine. The Chamber of Commerce will continue to play a critical role in the growth and development of Longmont, as the Front Range sees an increase in population and business endeavors. Longmont is fortunate to have a dedicated organization like the Chamber helping its residents grow their businesses. Congratulations to the Longmont Chamber of Commerce on reaching this significant milestone.

Mr. GARDNER

Mr. GARDNER. Mr. President, I come to the floor today to discuss the continued broken promises of ObamaCare--the Affordable Care Act--that passed in the most partisan of fashions several years ago, and to discuss the process by which we are putting together a repeal-and- replace package and the pieces we will be voting on tonight and over the next several weeks and months. ObamaCare's failures are simple. The promises that have been broken are clear. While partisan supporters of the administration's plan continue to promote the success of this poorly conceived law, Coloradans know far better. Time and again, hundreds of thousands of Coloradans have felt the consequences of the Affordable Care Act in their pocketbooks, in their workplaces, in their doctor's offices, and in the choices they have for health care. The past 6 years have been marred by higher costs, fewer choices, and less competition in Colorado and across the Nation. It is now time that we stand up for the American people to restore reliable and stable health care, as well as health care markets and insurance markets, and to undo the damage done to our health care by the failed law known as ObamaCare. Let's just review the broken promises we have seen--not just a broken promise that the President himself made to the American people but broken promises echoed by the partisan supporters of ObamaCare. President Obama assured the American people over 35 times: Don't worry about ObamaCare because if you like your plan, then you can keep it, period. It is on video. It is on YouTube, and you can probably find it on Snapchat. It is available to find, this first broken promise. As Coloradans began to receive cancellation notices, they quickly learned that this promise was far from the truth. In late 2013, nearly 335,000 small group and individual policies in Colorado were canceled due to requirements in the Affordable Care Act. These cancellations also included my family's cancellation, because we had chosen to stay in the private market in Colorado. But in August of 2013, we received the letter that 335,000 others received in Colorado saying that our policy had been canceled thanks to ObamaCare. But, unfortunately, those cancellations--those 330,000-plus cancellations in August of 2013--were just the beginning, because in January of 2014, the Colorado Division of Insurance canceled an additional nearly 250,000 plans for the same reason. Again in 2015, Coloradans were made abruptly aware of the failures of ObamaCare when another 190,000 more plans on the individual and small group market were canceled. In total, according to the Congressional Research Service, over 750,000 health insurance plans were canceled in Colorado between 2013 and 2015. The promise that if you like your health care plan, you can keep it was so bad--that promise was so broken--that the fact-checking organization PolitiFact named it the ``Lie of the Year'' for 2013. PolitiFact didn't really need to name it the ``Lie of the Year,'' because over 750,000 people in Colorado got a letter in the mail telling them it was a lie. Broken promise No. 2 from ObamaCare: Americans were told that the Affordable Care Act would reduce costs for families, businesses, and our government. In fact, President Obama said that under his new health care law, a typical family would save up to $2,500 a year on premiums by the end of his first term. Look it up on video, on YouTube. However, hit with the rising costs, Coloradans became acutely aware this too was yet another broken promise. Statewide, premiums in Colorado will rise by 20.4 percent on average for plan year 2017 on the individual market. That number is even higher in some of the more rural areas, like the Western Slope of Colorado. Where is the Western Slope? That is what most people think of when they think of Colorado, an area with mountains, forests, and great beauty. That area has been harder hit than many areas across the country with higher premium increases. A year prior to this next plan year, in 2016, the Colorado Division of Insurance found that premiums on the individual market rose a whopping 25 percent on the Western Slope, plus the higher than 20 percent premium increases. One woman living in Colorado on the Western Slope saw her premium rise from just a little over $300 a month to $1,828 per month, or nearly $22,000 a year. Here is her quote: It's actually like another mortgage payment. I have friends who are uninsured right now because they can't afford it. Insurance is hard up here. That is the Western Slope of Colorado, where people have seen mortgage-payment-size health insurance bills being added to them because of a bill that the President promised would lower their health care costs. An increase of nearly 26 percent is devastating for most families, but in 2014 an Americans for Prosperity study showed that nearly 150,000 Coloradans saw their health insurance become 77 percent more expensive. These sharp increases in prices and coverage have left Coloradans reeling, and we have a duty--a duty--to make sure we provide them with the financial relief they deserve and the health care we know we can put together. Broken promise No. 3 of the Affordable Care Act was the menu of options that was promised--the choices that the Affordable Care Act would bring to the marketplace. President Obama promised Americans that a greater choice and a menu of options to choose from would be right around the corner as a result of the Affordable Care Act, but Coloradans again found out that wasn't true. Of the 64 counties in Colorado, 14 counties have only one carrier to choose from and 29 counties have only two plans for the year 2017 on the individual market. We can see the plans right here. That is the western part of Colorado that I was talking about seeing such high premiums--77 percent and a higher percentage next year. Here, we can see counties with only two carriers to choose from, and 14 counties only have one to choose from. So the President's signature health care law failed in this respect to create the menu of options, but it did succeed in creating monopolies. President Obama also insisted that competition would increase through consumer-run coops. The Federal Government spent a great deal of money to prop up the consumer coops and to make sure they had the marketing in place. Over 80,000 Coloradans felt the impacts of this broken promise when the Colorado health coop was declared to be insolvent by Colorado insurance commissioner Marguerite Salazar. Eighty thousand people had their insurance coops declared insolvent because of the poor Affordable Care Act law. Not only did the failure of this promise leave 80,000 people scrambling to find coverage, but it forced the coop to default on its Federal startup loan, valued at an estimated $72 million. So 80,000 people were out of coverage because of the failure of the Affordable Care Act, and $72 million went out of the American taxpayers' pockets because of the Affordable Care Act--money the American taxpayers will never see again. What is more, it cost taxpayers nearly $40 million to shut the coop down. Of the 23 original coops, only 6 are remaining and 17 consumer-run coops as a result have failed. The 23 startup insurers received a total of roughly $2.5 billion in loans under the Affordable Care Act, and only 6 remain. That means that even more money the American people gave to this government to be good stewards of--through their hard-earned tax dollars, through their premium taxes--will never be seen again. This is an unacceptable and egregious use of taxpayer dollars. But the careless spending under ObamaCare doesn't just stop there. An audit was released 2 weeks ago by the U.S. Department of Health and Human Services, Office of Inspector General, and it found that Connect for Health Colorado, Colorado's State exchange, misspent and mishandled nearly $9.7 million in grants to establish its marketplace. The audit concluded by recommending that the marketplace be required to repay the $9.7 million identified by the Federal Government. The audit found that Connect for Health Colorado did not adequately document $4.4 million, improperly transferred costs totaling nearly $300,000, and made $164,000 in overpayments to subgrantees without identifying a reason. Furthermore, Connect for Health Colorado spent more than $211,000 on bonuses to executives without providing performance evaluations. The kicker on the $211,000 in bonuses--the largest of which was $18,500 for the CEO--back in 2013, when the exchange was trying to get started, was that the then-CEO of Connect for Health Colorado wanted a raise even though the exchange had enrolled far fewer than half the people it was supposed to. So we have an executive asking for a raise in an exchange that hadn't even met the lowest of the low predictions for what it would do. Here we are, with a new audit from the Office of Inspector General saying that $9.7 million was fraudulently spent. To quote a member of the board at the time: Given the poor performance for the first two months of enrollments, I think it's incredibly audacious for the executive director to request a salary increase. I think most people would feel like if you're a CEO and you are significantly underperforming the goals you helped set, then you layer on that the money comes from public funds, I think it is highly inappropriate. I have heard colleagues in the House and the Senate talk about how CEOs are overpaid for the work they do. If the stock prices are low or dividends aren't there, then they shouldn't be as highly compensated as they are. But here we are, a government-funded program from the Colorado health exchange and others around the country using Federal dollars to give bonuses to people who haven't even met the basic projections they were supposed to. It is an unacceptable use of funds. But the problem is that it is not just funds wasted somewhere else. It is funds wasted that came from the American people's pockets--hard- earned dollars that are being misspent. The Affordable Care Act has had a negative impact on business owners and individuals. Let's talk about some of the effects on businesses. I will share a letter given to me, from a small business owner to his customers, letting them know how the Affordable Care Act impacted his prices. Dear Valued Customer, There is never a good time to announce a price increase but we have to. Effective February 1, 2017 we will have a 2% across the board increase for a reason beyond our control. We've had many challenges over the years but none like this. 100% of this price increase is due to one thing only, the Affordable Care Act. The Affordable Care Act has caused our health insurance premiums to skyrocket by 42% and our choices of insurance providers to dwindle down to one. Some of you may be faced with a similar challenge. It seems to be a problem all over the U.S. So now we have the double whammy on the American consumer. Not only are they required by law to buy insurance they can't afford, but they then go buy consumer goods whose prices have increased as a result of the Affordable Care Act. So they are squeezed at home because they have to pay higher insurance premiums--thanks to the broken promises of ObamaCare, thanks to the lack of choice they have with ObamaCare. Now they have to pay higher prices at the grocery store or the implement dealership--wherever it is--because they have had to increase their prices--the people who make those goods, the people who manufacture those goods, the foundries, the equipment dealers. They have to pay for their insurance premiums that they are required, under a broken law, to search and find. But it is important that we talk more than just about the business impact of the Affordable Care Act, because, day after day, I hear stories from Coloradans who have felt the brunt of ObamaCare's failures. Whether it is letters or emails to the office or whether it is town meetings across Colorado, I hear stories, and I wish to take this opportunity to share some of these from my constituents that demonstrate the impacts of ObamaCare. A letter I received from an individual residing in Aurora, CO, said: Cory--As a business owner who pays for my own insurance, ObamaCare is not working. Last year, my premium went up 20% for less insurance with a higher deductible and less coverage. This year we just got a cancelation notice that our insurance plan will no longer be offered and we must start looking for a new plan yet again. I read that more and more insurance companies are pulling out of the Colorado marketplace. The system is broken, it has only cost us more and more money for lower quality health care. Please--do everything you can to stop this failed program. That is from a Coloradan who has struggled under the burdens and broken promises of ObamaCare. Let's talk about a letter we received from a family living in Lafayette, CO. I have a ``Bronze'' HSA plan covering myself, my wife and my two daughters. I just received my renewal notice from [the] insurer informing me that my premium for 2017 will increase by 38.9%. To put that in perspective our family went from $1,200 per month or $14,400 per year to $1,667 or $20,000 per year. While the premium is increasing, the benefits are reduced as annual deductibles for individual and family plans are increasing to $5,000 and $10,000 respectively. This is unconscionable! The cost of my health insurance coverage has more than doubled in the last three years and benefits have reduced with each successive premium increase. The ACA needs to be repealed immediately! That is a letter from a family of four who saw a dramatic increase in price, both from the amount they pay every month to nearly $20,000 a year, to a deductible that has gone from $5,000 to $10,000. Here is another story from a young woman residing in Colorado Springs, CO: This is the third time since 2010 that I will be losing my health insurance plan because of Obamacare. This is the third time. Do remember the promise that if you like your plan, you can keep your plan? This woman from Colorado Springs already has had her plan canceled three times. Now I am losing the option of being in the plan I want to be in. There is the second promise--that if you like your plan, you can keep your plan; you get the choice of keeping your doctor--broken promises. I must settle for being in an HMO, and still pay 400% what I was paying for premiums in 2010. I also just learned that my carrier is raising rates by 25% next year on the individual market. My premiums are already four times higher than they were before the Affordable Care Act. My deductible and out of pocket amounts are also much higher. Obamacare is nothing but a heavy tax for us. Our income doesn't qualify us for an Obamacare credit. Since our premiums have quadrupled I figure we are now paying for the insurance for three or four other families when we pay for our premiums. I am very disappointed in Congress for letting this go on and on and on. Year after year now my premiums skyrocket and I have fewer choices in plans. Pretty soon there will be no incentive left to work hard and earn money in this country. The government will take it from you and give it to people [to spend irresponsibly in Washington, DC]. To this young woman in Colorado Springs, we are doing something-- finally. Last year, we put on the President's desk a repeal of ObamaCare, and of course it was vetoed. But this week, we will be able to start the process to repeal and replace ObamaCare, signed into law by a President who will indeed sign it. Another story I would share from a family in Fort Lupton, CO: It is impossible to afford health care for us. We are right above the Medicaid limit by $400, and my husband has gone without health care for 2 years. They keep taxing him. Soon we will be a family of 4 with no health insurance. We will be paying so much to afford health insurance we will struggle to buy food. We need help and we don't know where to find it. These stories demonstrate what Americans are experiencing as a result of ObamaCare and its broken promises. No family should have to decide between purchasing health coverage and putting food on the table. We owe it to these struggling families--stories we just heard, about anyone who is sick or might get sick--to roll up our sleeves and provide real solutions and to recognize that the Affordable Care Act was a failure, it caused calamity, and it continues to destroy and crush our health care market. ObamaCare was a poorly designed law that was rushed through Congress on the most partisan of votes. Its nearly 20,000 pages of regulations have had a devastating impact on many hard-working Americans. That is why I will continue to work hard to find solutions that will relieve the financial burden this law has imposed on Coloradans and Americans throughout the country. We need a health care system that promotes competition, increases flexibility, encourages innovation, and puts Americans back in control of their health care--one that gets ``Dr. Congress'' out of the picture, one that safeguards the doctor-patient relationship, preserves Medicare for our seniors, and one that protects the most vulnerable among us. I will continue to fight for all of those in Colorado and across the country who are looking for real health care reform, and I look forward to working with my colleagues in Congress to do so. We have a chance this week to act, and I look forward to replacing ObamaCare with something that actually fixes and makes this system work again. Mr. President, I yield the floor.

Mr. GARDNER

Mr. GARDNER. Mr. President, over the past several years, we have heard from our allies around the globe about the need for U.S. energy. The fact that the United States can produce abundant and affordable energy is the envy of the world, and allies from Eastern Europe to Asia look at the United States as a place where they can achieve and get that abundant, affordable energy supply they need to help grow their economy so our allies aren't dependent on countries in the Middle East that aren't necessarily friendly to them for their energy supply and energy sources. When it comes to energy production, we know across this country the shale revolution has created hundreds of thousands of jobs. In my home State of Colorado alone, it has created over 100,000 jobs. It is an incredible opportunity that we have to gain North American energy independence and security. We also know we have an overabundance of natural gas supplies right now. At the very same time that our allies are asking for American energy supplies, we have an abundance of American energy. Especially in the Rockies, we have the potential for an asset to become stranded--an asset that we can produce a lot of but lack the markets to send it to. As energy developments have occurred in the Northeastern part of the United States, we have seen that Northeastern States are now able to get their energy resources, natural gas, and others, from right in their backyard instead of relying on the Western United States. Those of us in the West have urged the construction of LNG terminals in the gulf along the west coast so we can export that natural gas through LNG terminals to our allies who desperately need it. That not only gives our allies the energy they desire, but it also makes sure we can continue producing energy in Colorado and the West and not result in a stranded product that can no longer go east but has an outlet to the west. Because of this demand by our allies and because of the incredible success we have had producing that energy, the Jordan Cove LNG terminal has been proposed for construction in Oregon. Jordan Cove would provide an outlet for Colorado and other States' energy productions to have an outlet to Asia. I am chairman of the East Asia Subcommittee on Foreign Relations. When I visited across and throughout the region, one of the key conversations I have had with leaders, government leaders, and business leaders in those nations is the conversation surrounding energy, and they talk about what we can do to expedite and to increase energy exports from the United States. This Senate has made great progress, this Congress has made great progress when it comes to exporting energy. In fact, earlier this year, we allowed for the export of crude oil for the first time since Jimmy Carter made it impossible decades ago. We also know we continued to work on LNG Exports expediting the permanent approval process for LNG terminals. Legislation that was included in the Energy bill would have allowed those approvals, required those permits to be approved in an expedited fashion. Unfortunately, the Energy bill did not get approved. It does not look like it is going to move at the end of this Congress, but I certainly hope it will next year, and I certainly hope we will get language expediting LNG terminals. One of the most clear outrages, though, of this administration's policies over the last year--8 years has been its outright hostility to energy development. Unfortunately, many of our commissions and agencies in our government continue to reflect that hostility toward the development of our energy resources. Let's just take a decision that was announced mere hours ago as it relates to Jordan Cove. Once again, FERC denied the application of Jordan Cove to exports, shutting down their pipeline, preventing them from getting the resources they need to open the facility to be able to export to our allies in Asia. They claim that Jordan Cove has not demonstrated a market. They don't have enough of a market proven to approve the pipeline necessary to feed the terminal to export to LNG. Jordan Cove has substantial customer base in Asia. They have proven it to FERC. This is nothing but the continuation of a denial in March that FERC made to shut down exports of LNG, to shut down our ability to get energy out of the Rockies and send it to our allies in the West. Over the next several years, luckily we will be asked to confirm a number of nominees from commissions and agencies across the government, including FERC. It is my hope this body, as it looks to these nominations and approvals, will start asking some very difficult questions to those people who are going to be filling these commissions about whether we are serious about energy production in the United States and whether we are serious about allowing States such as Colorado the ability to produce energy and then to export it to our allies around the globe. If people--like FERC right now--have their way, their answer is, no, shut it down, keep it in the ground. That is extreme and an activist point of view, and it is an outrage. It is denying the people of Colorado economic opportunity. It is denying the people in the West economic opportunity, and it is letting the government decide what is right and wrong in the marketplace. FERC, this government shouldn't be in the business of picking winners and losers. Yet that is what it continues to do. Jordan Cove has tremendous bipartisan support. Republicans and Democrats alike believe that facility is important to Japan, that facility is important to opportunities in Korea, that facility is important to our allies throughout Asia, throughout the West, and it is my hope that as this process moves forward, we can get a deep expression and understanding from FERC about why they continue to deny these jobs, deny these opportunities. The demand is there. The need is there. The economics are there, and we certainly need the jobs there in Colorado with the approval of this pipeline and that facility at Jordan Cove. I thank you for the time this evening, and I certainly hope we can at least make some progress over the next few years with people in agencies and people in commissions who believe in the American economy instead of the American bureaucracy. Mr. President, I yield the floor.

Mr. GARDNER. Mr. President, I rise to honor the retirement and life and work of my dear friend Alan Lee Foutz. Alan has been a part of my congressional staff for 6 years, representing the eastern planes of Colorado, first in Sterling and now in my hometown of Yuma, CO. His devotion to Coloradans is nothing short of inspiring, and his accomplishments in the field of agriculture and food production are a true testament to his agricultural acumen. But beyond that, it is his passion for serving others, his ability to find the positive in any situation, and his genuine demeanor that make me grateful and honored to call Alan a true friend. Born on December 29, 1946, and raised in Akron, CO, Alan developed a penchant for agriculture. He was raised on his family farm, where they grew wheat and hay and raised turkeys, hogs, and a dairy herd. In 1968, Alan graduated from my alma mater, Colorado State University, and earned a master's degree in agronomy in 1970. Alan went on to earn his Ph.D. in agronomy and plant genetics on several innovative projects, such as mapping out the barley genome. He then pursued and followed his passion to California Polytechnic State University at San Luis Obispo, where he accepted a job as an associate professor of crops. From there, he was able to impart his passion and expertise to his students, thereby cultivating the next generation of food producers for our Nation. Without a doubt, it was Alan's enduring spirit and overall amiability that made him the perfect fit to inspire young minds, but it was his love of Colorado that drew him back to his home State and his roots. After 9 years in California, Alan returned home and put his academic credentials to the test by partnering with his dad, Lyle, to operate a 10,000-acre family farm. But even that wasn't enough to satisfy Alan's insatiable appetite to advance Colorado agriculture. He became heavily involved in the Colorado Farm Bureau and in the year 2000 was elected president of both the Colorado Farm Bureau and the Colorado Farm Bureau Mutual Insurance Company. From there, his commitment to uphold and ensure Colorado's traditional farming and ranching values was fortified, guaranteeing a lasting impact on the agriculture community. But Alan's service was not confined to the borders of Colorado, nor to the shorelines of America. He dutifully served on the American Farm Bureau Federation Board for 6 years and made multiple trips overseas to help further U.S. agricultural markets and exports to other nations. Indeed, with this impressive record, it is easy to see how lucky I was to have such an accomplished staffer join my team. Over the years, while he was employed in my office, Alan demonstrated his tireless work ethic and commitment to Colorado agriculture. He played an influential role in ensuring that farmers and ranchers in the Republican River Basin who chose to conserve their land were being properly compensated by the USDA. Likewise, throughout the 2014 farm bill negotiations, Alan used his lifelong knowledge of agriculture policy to ensure that agriculture stakeholders across the State were being properly represented. And through the casework he does in my office, he has touched so many lives--likely more than he realizes. He has helped families navigate the adoption process to take home a child without a home. He has assisted countless veterans with getting the benefit they deserve and so much more. These are not just cases to Alan; these acts change people's lives, and he does them with humility and because he has a heart that is geared toward the service of others. Nonetheless, after all of his successes, after all of his degrees, and after all of his accomplishments in and out of my congressional office, it is Alan's devotion and absolute love for his family and his church that is most inspiring. He married his wife Val in 1966 and raised two children, Paula and Greg. When Al is not working on behalf of Colorado, he and Val enjoy spending time spoiling their grandchildren. According to Alan, the driving force that propels his ambition and unequivocal success in life is his family. That is the true mark of an honorable man. He wakes up every Sunday morning and drives almost 2 hours to serve as the only pastor at Kimball Presbyterian Church in Kimball, NE-- basically 100 miles one way from his hometown--a small church that relies on his commitment to their community each and every week, a trip he makes for funerals, for weddings, for home visitations, but Alan doesn't just keep his commitment to his faith within walls of his church, he brings it with him everywhere he goes--whether it is by lending an ear to a young staffer in need of advice or making hospital visits to those in need. Alan is a man that exemplifies true virtue and a devotion to service. Few people can honestly say they have made a long-lasting and meaningful impact on society. Alan is one of those. Thank you for your passionate zeal, Alan, you bring to our team day in and day out. Thank you for your dedication to Colorado's farmers and ranchers, and thank you for providing me an opportunity to learn from you and to help move our great State forward. God bless the Foutz family. I hope your good will, passion, and enduring spirit will continue to flourish. Honoring Colorado State Patrol Trooper Cody Donahue Mr. President, I rise to honor the legacy of Colorado State Patrol Trooper Cody Donahue. On November 25, 2016, Cody pulled his vehicle over to the side of I- 25 in Colorado to investigate and assist with a car accident. Cody was struck by an oncoming vehicle and tragically killed. Cody gave his life while nobly performing his duties as a Colorado State Patrol Trooper, and he--like all who walk the thin blue line--dedicated his life to protecting and serving his community. Cody was an 11-year veteran of the Colorado State Patrol, a loving husband, devoted father, and a wonderful son and brother. He grew up in Grand Forks, ND, and attended the University of North Dakota, during which time he married the love of his life, Velma, and eventually moved to Denver, where they gave birth to two beautiful girls, Maya and Leila. Since his passing, it is evident, through the numerous stories shared by families and friends, that Cody was always quick to put others before himself. So it comes as no surprise that Cody joined the State Patrol. His courage, reliability, and selflessness made him a perfect fit for a unit dedicated to the safety of Coloradans. It is well known within the Colorado State Troopers' family that the badge represents distinct values that each trooper must possess: character, integrity, and honor are to name a few. Cody was, true to form, an embodiment of each one of these values. Character. Cody was a hard-working and equitable man. His fellow troopers were quick to point out that Cody would always treat each person he met fairly and with great respect and dignity. A true testament to his genuine character. Integrity. Those closest to Cody knew him as a man of profound honesty who possessed a natural aspiration to lead and serve others. According to a tribute, Cody ``was so honest that he once ticketed his wife!'' Honor. Cody was a genuine teamplayer, and would show up to work every day ready to serve, ensuring that his team was never a man down. Indeed, Cody's core values as a State Trooper extended beyond the department. He was known as a loving husband and caring father whose adoration for his family knew no bounds. He placed his family on a pedestal and strived to be the best father and husband that he could be. As we celebrate the holiday spirit with family and friends, we must never forget the tireless efforts undertaken by Cody and all the courageous men and women in blue to uphold the law. Many of these brave officers do not have the luxury to spend holidays with family and friends. Instead, they answer the call to duty. They ensure the safety of those we love most. They are the force that watches over us. So, from the bottom of my heart, thank you. A hero is defined as someone who is ``admired for his or her courage, outstanding achievements, and noble qualities.'' Through his work and time spent with family and friends, Cody embodied each and every one of these characteristics. So although Cody is gone, his memory will live on. Character, integrity, and honor, these were Cody's core values-- values we must strive to emulate, values that will make Colorado and this world a better place. Honoring Deputy Derek Geer Mr. President, when I was preparing this speech, I noticed there was a Christmas card on my desk today. I have it right here with me. It says, ``Merry Christmas.'' Inside it says: ``Wishing you all the beauty and joy of this peaceful Christmas season,'' and there was a note in it from David and Sandra Geer. Earlier this year, Derek Geer, their son--a law enforcement official--was also killed. So while we pay tribute to Cody today, we pay tribute to Derek and so many others who feel like they have been targeted, feel alone, who must know we care for them, must know we love them, and must know we keep them in our prayers, day in and day out. May it not just be this holiday season but every day that they stand on that thin blue line. Mr. President, I yield the floor.

Mr. GARDNER. Mr. President, I thank the Senator from Oregon for his accommodation in allowing us to speak, and I thank the Senator from Indiana, whom we will miss in the next Congress. The Senator from Indiana has been a great example for those of us who are new to the Senate in terms of his representation and statesmanship, and I hope and wish the Senator from Indiana nothing but the best for his future. Tribute to Alan Lee Foutz

Mr. GARDNER

Mr. GARDNER. Mr. President, I ask to have printed in the Record a copy of an essay by Ainslie Ross titled ``The America I Believe In,'' which won a regional prize for the Patriot's Pen essay contest. The material follows:

Mr. GARDNER

Mr. GARDNER. Mr. President, I ask unanimous consent that notwithstanding rule XXII, postcloture time with respect to the motion to concur in the House amendment to the Senate amendment to H.R. 34 expire at 2 p.m. on Wednesday, December 7; further, I ask that if cloture is invoked on the conference report to accompany S. 2943, that the postcloture time be counted as if cloture had been invoked at 1 a.m. on Wednesday, December 7.

Mr. GARDNER

Mr. GARDNER. Mr. President, Senators should expect votes in relation to the 21st Century Cures legislation as well as the conference report to accompany the National Defense Authorization Act beginning at 2 p.m. tomorrow.

Mr. GARDNER

Mr. GARDNER. 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. GARDNER

Mr. GARDNER. Mr. President, I am pleased to come to the floor tonight to talk about a bill, S. 3084, the American Innovation and Competitiveness Act. This is a piece of legislation that has taken several years of patience, perseverance, a lot of hard work, and testimony from both sides of the aisle. I am pleased that Senator Peters from Michigan and I have finally been able to come up with a product that has the strongest bipartisan support in both the Senate and the House. This is an effort that builds on the America COMPETES legislation. America COMPETES was first passed over a decade ago as an effort to make the United States more competitive economically, an effort to make sure we had the skills and our workers, the STEM force education to compete with nations around the world as global competition increases, as other nations try to gain an advantage over the United States in their manufacturing processes and in their innovation processes. The America COMPETES legislation arose from a report that was put together by a group of individuals--very smart business leaders, scientists--known as the ``Rising Above the Gathering Storm'' report, the ``RAGS'' report, the idea being, how are we going to make sure the United States remains competitive and how do we make sure we have the education programs we need in this country to gear the next-generation workforce for a more competitive environment? So we put together this bill, a bipartisan bill, passing it out of the Commerce Committee for the first time in a decade--the America COMPETES legislation--to renew this policy effort. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 695, S. 3084. I further ask that the committee-reported substitute amendment be withdrawn; the Gardner substitute amendment be agreed to; the bill, as amended, be considered read a third time and passed; and that the motions to reconsider be considered made and laid upon the table.

Mr. GARDNER. Mr. President, again, I want to reiterate that this legislation, the America COMPETES bill, is a bipartisan product. We have spent countless hours working with people from around the country to come up with a bill that focuses on giving workers and employees the skills they need to succeed. I understand the objection of the Senator from Ohio, which is based on the need to move forward with the legislation they are talking about, but it is my understanding that there is at least an effort to work on that legislation, which would provide some time to come up with a longer term solution providing an extension of the health care coverage they have been seeking for some time, although not the entire benefit package they were hoping would be extended under the legislation they were also talking about.

Mr. GARDNER. Mr. President, I thank the Senator from Ohio. One of the challenges we have, of course, is the calendar, as this reaches toward the end. Again, I am committed to stay here as long as we can to fix this and make this work. I do worry about our colleagues across the hallway and their calendar and making sure that they are finding the time to process this legislation, along with the legislation that the Senator from Ohio is concerned about. Again, I think this is something that we ought to be able to move on as we address the concerns of the Senator from Ohio--and the concerns that I think, at least to some degree, will be addressed in the continuing resolution--and to continue to work on legislation that is truly bipartisan and beneficial from a standpoint of providing more resources for manufacturing partnerships, more resources for commercialization efforts, additional resources for STEM education, and having more underrepresented minority community members involved in STEM education fields. These are things I think we can work on, and this place has to have the ability to work together on efforts that the Senator from Ohio is so concerned about and also the efforts that we have through the America COMPETES legislation. I believe we can do both. I understand the objection, and I appreciate the offer and willingness to work together. But I know when you have a House and a Senate that work under two different calendars, one of which is under our control--again, let's stay here until we get this done. There is one calendar that is out of our control, and I just hope we can move forward on this because all 50 States do benefit from the bipartisan work we have been able to put forward on the American Innovation and Competitiveness Act.