Member of Congress

Orrin Hatch

Role
Former Senator
State
UT
Party
Republican

Speeches

TRIBUTE TO DR. M. LYNNE CORN2017-06-19

Mr. HATCH

Mr. HATCH. Mr. President, I would like to take the opportunity to submit to the Record of the U.S. Senate a statement to celebrate the career of public service of Dr. M. Lynne Corn, offer my heartfelt congratulations on the occasion of her retirement from the Congressional Research Service, and wish her happiness and prosperity in the next chapter of her life. For over three decades, Dr. Corn dedicated the better portion of her professional career to serving the Congress of the United States from within the halls of the Library of Congress. As a specialist in the study of natural resources, Federal land management, earth sciences, agriculture, and endangered, species recovery, she has guided and informed the decisionmaking of countless Members of Congress and Senators, and their staffs, on the major, related issues of her time. As a Senator representing the State of Utah and as a Westerner, her policy acumen has on countless occasions aided legislative efforts that have had a substantial impact on my constituency. She has served as an invaluable guide in the drafting of legislation and helped inform some of the most difficult votes I have cast, and I can say without question that she has helped guide the process of passing some of the most difficult pieces of legislation into law. As well, as some of my most senior staff can attest, she leaves her position with a reputation of being among the most informed and insightful research and policy advisors on Capitol Hill. Let the record show that Dr. Corn began working at the Congressional Research Service in 1985, after having served for almost 6 years in a congressional office, including as an AAAS--American Association for the Advancement of Science--congressional science fellow from 1979 to 1980. Dr. Corn came to Capitol Hill after sharing her enthusiasm for the ecology of all types of animals and plants with students at Middlebury College, VT; Stockton State College, NJ; and Arizona State University. Dr. Corn adeptly transitioned from pedagogy to informing congressional deliberations on policy development, especially related to the Endangered Species Act. Although her doctoral research at Harvard University was related to a tropical ant species, Congress put her biological expertise to work researching and writing on the Pacific Northwest's spotted owl and the species and habitat of the Arctic National Wildlife Refuge. Dr. Corn also became an expert in various conservation related trust funds, as well as the Payments in Lieu of Taxes program, which is critical to the rural inhabitants of my home state of Utah. Dr. Corn excelled in the use of visual aids, such as maps, to explain complex issues to congressional audiences. But the work of a congressional researcher can sometimes be more light-hearted. I will share one incident, as it has been told to me, when it was the staff that provided the visual aid. Dr. Corn was asked to come to a Senate office to identify a dead snake coiled in a coffee tin. Upon examination, she identified the snake, a corn snake, just as the Senator walked into the office. As a country-raised man, he knew well the species that was native to his region, and a memorable conversation with the Senator followed, about the quiddities of that particular species, which both the Senator and Dr. Corn had caught on multiple occasions. When I learned of this incident, it struck me uniquely because, as it turns out, this incident occurred in the office of a former President Pro Tempore of the Senate, Senator Robert Byrd. I can say that those are the types of moments that make our jobs worthwhile. I will conclude with what is perhaps most important: Dr. Corn has served her country and worked with her colleagues in Congress with a unique charisma that has so often breathed life into the absolutely critical, but sometimes tedious task of researching policy decisions and legislation. By way of an example, there is something revealing about the word ``critters''--which she so often used--that reflects not only the authentic passion that she held for her subject area, but also her flare for artfully transforming arcane concepts into digestible and actionable information, which is a distinguished trait that Members of Congress so appreciably rely upon. Again I reiterate my gratitude for Dr. Corn's service, and I wish her a blessed and relaxing future, with her dearly beloved dogs, as she departs from her career in the Congressional Research Service.

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COUNTERING IRAN'S DESTABILIZING ACTIVITIES ACT OF 20172017-06-14

Mr. HATCH

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

Mr. HATCH. Mr. President, I rise to express my deepest sympathy for the victims of this morning's shooting, including for my good friend, Representative Steve Scalise. I pray that he, the congressional staff, and police officers who were injured in this horrific event can recover quickly. Today is not a day to reflect on our differences but on our common commitment to upholding the Constitution and doing the work of the American people. This Chamber is often divided on matters of policy, but in the face of tragedy, we are united as one. Today, we are together, and together we recognize the local law enforcement officials who responded quickly and professionally to this morning's attack. Each and every day, police officers across this great Nation risk their own well-being to ensure the safety of others, and they do so with little fanfare or recognition. In light of today's events, I recognize, in particular, the special sacrifice of our U.S. Capitol police officers--the selfless men and women--who, each and every day, assume significant risk to keep all of us safe. I shudder to think of what may have happened this morning had it not been for the quick action taken by Representative Scalise's security detail. These courageous special agents returned fire to apprehend the perpetrator of this senseless and appalling act of violence. Through their heroic actions, they prevented a massacre and saved the lives of dozens of elected Members of Congress and congressional staff. Today I wish to pay special tribute to these humble heroes. As far as I am concerned, our Capitol Police officers are the finest professionals this Nation has to offer. We wave to them each morning as we walk in to work, we say goodbye to them each night as we leave, and we interact with them each day. Yet how often do we thank them for their service? How often do we reflect on the weight of their work? How often do we recognize them for their sacrifices? In my opinion, not often enough. Because these police officers are such a common presence here on Capitol Hill, I worry that all too often we take them for granted, but we should never take for granted the men and women who would willingly give up their lives to protect ours. This morning's attack reminds us all of the thin line between peace and violence, and our Capitol police officers are the first to respond when that line is crossed. Today and every day, these selfless men and women deserve our heartfelt thanks and appreciation. In paying tribute to our Capitol Police, I would be remiss if I were to fail to recognize the 23 members of my own security detail who work around the clock to keep Elaine and me safe. These men and women are like family to me. Over the past 2\1/2\ years, I have built a special bond with each of them. Today I would like to recognize each of them individually: Supervisory Special Agent David Rib, who leads the detail with assistance from team leaders Jason Marcello and Shane Powell; in addition, Special Agents Eric Boggs, John Britto, Jacqueline French, Eric Holzer, Eric Love, Paul Martin, Ronald Munar, Benjamin Odell, Richard Philius, Luis Pimentel, Ryan Rayball, Austin Reinshuttle, Henry Smith, John Whittle, Micah Harrison, Muhammed Khan, Gideon Maran, Arnold Pierre, Robert Schultz, and Charles Snead. In all of my years of public service, these are among the most honorable men and women I have ever worked with. ``Greater love hath no man than this, that a man lay down his life for his friends.'' The fact that these special agents are willing to put their lives on the line to protect all of us speaks to their selflessness, their bravery, and their love of this institution and of country. Elaine and I love each of these special agents deeply, and we love their families too. In these photos, you can see one of the team leaders, Jason, hard at work. Jason hates this photo, which is why I blew it up for national TV. The other photo is of the trip I took to all five of Utah's national parks last year. During this trip, my security detail was with me every step of the way. These men and women never leave my side. Today I wish to thank them with all of my heart for their service and their sacrifice. These are really great people, and we have enjoyed being together. At least, I have enjoyed being with them. I will put it that way. As Members of Congress, we stand united in the aftermath of today's attack. Thanks to our brave Capitol Police officers, we also stand protected from those who would do us harm. Because of them, we can confidently carry on the work of the American people. These are really great human beings--men and women--who literally sacrifice a lot to serve us, back us up, strengthen us, and help us in times of need. They are people whom I really, really admire. All I can say is, I admire those who stood up this morning for Congressman Scalise and the others who were there and especially for those who were wounded. This is a wonderful institution, and we have wonderful people working with us--heroic people, people who care for this body, people who care for our country, people who care for us. I think we ought to all thank God every day that we have these good people around us and that we ought to all take the time to be kind to them, to show them how much we care, and to show them the friendship we truly have for them. I am grateful that I know a number of these people--quite a number. I am grateful for them and for what they do for all of us. I yield the floor.

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REMEMBERING WILLIAM BARCLAY BATES2017-06-05

Mr. HATCH

Mr. HATCH. Mr. President, today I wish to pay tribute to William Barclay Bates, a father, grandfather, great-grandfather, and veteran of the Second World War. Bill, as he liked to be called, passed away last December in Jackson, WY, at the age of 91. Next week, his family will gather at Wyoming Veterans Cemetery in Casper, WY, to commemorate his life and honor his contributions to our country. I wish to add a few words to what they will say about this brave and stalwart man. Bill's life story typifies many of his generation. He was born on December 14, 1924, in Los Angeles, CA, to Jeffrey Otto and Clara Virginia Bates. His father, Jeff, served in the American Expeditionary Force in Russia during World War I. His mother, Clara, was a telephone operator. When Bill was 5, he moved with his family to McAlester, OK. This was during the middle of the Great Depression, and times were tough. Bill's father owned a radio repair shop and later ran a roller rink to provide for the family. As Bill said some years later, ``We never had much money, but neither did anyone else. We never missed any meals, but we ate a lot of beans, and a soup bone on Sunday was a real treat.'' In September 1941, at the age of 17, Bill enlisted in the Army. It was 3 months before Pearl Harbor. After basic training, Bill applied for and was accepted to airplane gunnery school. Following completion of his training, a request came in for a gunner for a group headed to Africa. As Bill later told the story, his captain ``flipped a coin between two candidates, me and Bill Haygood. I lost and Bill Haygood went to North Africa and was killed within six weeks. A flip of a coin decided that I would live through the war.'' Instead of going to Africa, Bill was sent to Europe with the Eighth Air Force, 446th Bomb Group. The 446th Bomb Group, which came to be known as the Bungay Buckaroos, led the Eighth Air Force on the first heavy bomber mission on D-Day, June 6, 1944, and later supported Allied ground forces as they moved east toward Berlin through France and Germany. Bill served as a waist gunner and flew missions in B-17s and B-24s. In total, he flew 33 combat missions. This was very dangerous work. Of his original flight crew, only Bill and one other were still alive at the war's end. For his service, he received the Air Medal with three bronze oakleaf clusters and the Distinguished Flying Cross. After receiving an honorable discharge as a staff sergeant in 1945, Bill returned to Oklahoma, studied business on the G.I. bill, and became a certified public accountant. In 1951, he married Dorothy Lee Hartman in Fort Sill, OK. Like Bill, Dorothy grew up in Oklahoma during the Great Depression. She was working as a nurse in Tulsa when they met. A year after Bill and Dorothy married, their son Bruce was born. Seven years later, another son, Jeff, was born. In 1962, Bill and his family moved from Tulsa to Casper, WY, so Bill and Dorothy could pursue their love of the outdoors. During this time, Bill continued his work as an accountant, serving in the Casper Chamber of Commerce and as president of the Wyoming chapter of certified public accountants. He grew his firm, Bates and Hocker, into the largest accounting firm in the State of Wyoming. After Bill retired, he and Dorothy moved to California, Arizona, and then Utah, returning to Casper every summer to hunt, fish, and enjoy Wyoming's cool summers. Bill became an avid safari hunter, traveling to Africa 15 times to hunt game. After Dorothy passed away in 2012, Bill returned to Wyoming, where he spent many happy days in Jackson near his son Jeff and daughter-in-law Vickie. He passed away on December 5 of last year, surrounded by family and loved ones. He is survived by his sons Bruce and Jeff, daughters- in-law Debbie and Vickie, six grandchildren, and four great- grandchildren. I said at the outset that Bill's life story typifies many of his generation. He grew up during the Great Depression, when times were hard and money scarce. He served with valor in World War II, where he risked his life many times for his country and fellow servicemen. After the war, he went to college, got married, and started a family. He built a business and served in the community. He was a faithful husband and a steadfast provider for his children. Men like Bill Bates are the reason America and her allies prevailed in World War II. Men like Bill Bates are the reason we enjoy such a prosperous and free country today. I am grateful for this opportunity to add a few words in Bill's memory and wish his family the very best. (At the request of Mr. Schumer, the following statement was ordered to be printed in the Record.)

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Healthcare Legislation (Executive Calendar)2017-05-24

Mr. HATCH

Mr. HATCH. Mr. President, I rise today to speak about the continuing effort to repeal and replace ObamaCare. This effort has essentially been going on since the day the bill was signed into law. I think most of us on the Republican side recognize the overwhelming consensus surrounding the failures of ObamaCare as a major reason we currently find ourselves in the majority. As you know, the House passed the American Health Care Act, a bill that would repeal and replace ObamaCare, earlier this month. This is an important step in the process. Later today, we expect to hear from the Congressional Budget Office about the House bill. The CBO score will lay down an important marker for the repeal and replace efforts in the Senate. It will allow us to work to ensure that the House bill fits into the constraints of the reconciliation rules in the Senate, while we continue to strive toward our own policy goals to implement patient- centered healthcare and healthcare reforms that address cost and promote choice and competition. I am very interested in what they say. These changes are more important than ever. Just today, we received a report from HHS that, from the time ObamaCare took effect through 2017, there was an average premium increase of 105 percent across the 39 States using healthcare.gov. This is just one snapshot of the runaway costs of ObamaCare, and it is just one of many examples indicating why we need to act as quickly as possible to repeal and replace the misguided law. As the Senate continues to discuss the policy matters related to this effort, we will need to confront a number of different issues as we work to provide enduring reforms for our beleaguered healthcare system. As chairman of the Senate committee with jurisdiction over most of the salient issues under discussion, I want to make my views on these matters very clear. First, it is my view that all of the ObamaCare taxes need to go. We should not be treating the ObamaCare taxes as a smorgasbord, picking and choosing which ones to keep and which to discard. I don't think there is a single tax increase in ObamaCare that has enjoyed support on this Republican side. When all is said and done, the tax provisions of the Affordable Care Act represented a trillion-dollar hit on the economy in just the first 10 years. That is nearly 1 percent of the projected gross domestic product over the same period. In my view, it would be inappropriate, after spending the better part of a decade railing against ObamaCare's burdensome job-killing taxes, for us to then turn around and say that some of them are fine so long as they are being used to fund Republican healthcare proposals. It is very simple. We need to repeal all of the ObamaCare taxes--the medical device tax, the health insurance tax, the so-called Cadillac tax, the taxes on healthcare savings and pharmaceuticals, and several others. They all have to go. Second, we need to fully repeal the individual mandate. There has been some talk about keeping the mandate around temporarily, if nothing else, to help shore up the new system. But as I said with the ObamaCare taxes, Republicans have spent years condemning the individual mandate as an unconstitutional assault on individual liberty. We have also argued that it was ineffective and that it has failed to draw enough younger and healthier consumers into the insurance market in order to offset the cost of ObamaCare's draconian market reform mandates. I don't see how we can now turn on a dime and say that the individual mandate is now somehow acceptable because we are using it to prop up a system that Republicans have designed. Like the taxes, the individual mandate, in my view, needs to be repealed. Lastly, we need to resist any temptation to alter the tax treatment of employer-provided health insurance as part of this particular exercise. Don't get me wrong. There have been a number of health reform proposals over the years that have dealt with this issue, including a legislative framework that I drafted, along with two of my colleagues. However, given the limitations we face in this current exercise and the fact that we are not starting from a blank slate but rather attempting to repeal a law that has been implemented for a number of years, we should be wary of the impact of pulling employer-sponsored insurance into this current debate. The purpose of this budget reconciliation exercise to repeal and replace ObamaCare is to address costs in the individual markets. I believe it is important that everyone, whether they are Members of Congress, stakeholders in the business community, or living elsewhere in the country, manage their expectations about the possible outcomes of this process given the limitations we are facing. While the constraints inherent to the budget reconciliation process may be inconvenient at the specific moment, they serve a number of important purposes. Under this process, the Senate will need to reduce the deficit by at least as much as the House bill. There is no way around that. The process for determining what provisions of the House bill will need to be changed is still ongoing. Of course, we will have to take a good long look at the numbers we get from CBO later today. Not only do we need to take into account the CBO numbers and the budget rules, but we also need to consider what the best policy is, and, at the end of the day, what approach is doable. We can do a lot in this exercise, but we should not make this the be-all and end-all of our healthcare reform effort. As I said before, everyone should be managing their expectations at this point. While we can and should be ambitious in our efforts, we need to be realistic about the limitations that exist and be willing to practice the art of the doable, to compromise, and to really recognize what issues will need to be set aside for another day. None of this is going to be easy, but I believe we are up to the challenge. I look forward to working with my colleagues on these issues and to finding solutions that will help us keep the promises we made to our constituents. I yield the floor.

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International Data Privacy (Executive Calendar)2017-05-23

Mr. HATCH

Mr. HATCH. Mr. President, I rise today to discuss international data privacy. This is a critically important issue that has become all the more important over the years as we become more sophisticated. It has become all the more pressing in recent months as a result of court decisions impacting law enforcement's ability to access electronic communications overseas. I don't think it would surprise anyone to hear me say that our privacy laws have not kept pace with technological developments. The primary statute that governs law enforcement's ability to access electronic data, the Electronic Communications Privacy Act, or ECPA, was enacted over 30 years ago--long before most people had even heard of email or the internet. ECPA was drafted in a world in which electronic data was stored on personal computers or on servers located in offices or homes. It presumes a world where data is in one location and where in order to access data, a person simply goes to the relevant location and retrieves it. But that is not the world we live in, at least not today. Nowadays, much of our data is stored not on home or office computers but in the cloud, a network of remote servers spread throughout the world that allows us to access data from literally anywhere. The rise of cloud and remote network computing has transformed the way companies and individuals store data. No longer is data stored on sites or in one discrete location; rather, data pertaining to a single individual or even to a single document may be stored at multiple sites, spread across countries or even across continents. This has created all sorts of complications for our laws. ECPA requires law enforcement to obtain a warrant before it can access many types of electronic communications. It also prohibits disclosure to foreign entities. Warrants, however, traditionally have stopped at the water's edge. A judge here in Washington can issue a warrant authorizing law enforcement to search an office here in Washington but cannot issue a warrant for searches in London or Paris. So what is law enforcement to do in a world of cloud computing where pieces of the same electronic document might be stored in Washington, London, and Paris? One possibility is to say that as long as the data is accessible from the United States--that is, so long as you can retrieve it by logging on to a computer somewhere in the United States--that is all that matters; law enforcement can order its disclosure. This sort of maximalist approach, however, brings with it a whole host of problems. To begin with, it pays scant attention to the laws and interests of other countries, including our closest allies. Other countries, it turns out, have data privacy laws of their own, and just like ECPA, sometimes these laws prohibit disclosure to foreign entities, including foreign law enforcement. So to say U.S. law enforcement can compel disclosure and data stored anywhere in the world so long as that data is accessible in the United States is really to say that U.S. law enforcement can override the laws of other countries. More particularly, it is to say U.S. law enforcement can order individuals or companies that store data overseas to violate the privacy laws of other countries. This is unfair to service providers who may find themselves on the wrong side of the law no matter which side they choose and does little to help international relations. It also undermines trust, drives customers to foreign competitors, and undermines the privacy of U.S. citizens by emboldening other countries with less robust privacy regimes that similarly seek unlimited extra territorial access to data. Another possibility is to say that if the data is stored in the United States, then law enforcement may access it, but if it is stored outside our borders, it is off limits. This is essentially the current state of affairs following a decision last summer by the U.S. Court of Appeals for the Second Circuit that ECPA warrants do not reach data stored abroad. Under the Second Circuit's decision, U.S. law enforcement can use compulsory process to access data stored in the United States but must work through diplomatic channels to obtain data stored overseas. This sort of domestic storage regime has the benefit of avoiding the conflict-of-laws problems I have just described, but it also has very real drawbacks. To begin with, it impedes law enforcement's ability to solve and prevent crime in cases where the needed data is stored outside the United States, even when the creator of the data is an American, the service provider storing the data is an American, and the crime being investigated took place here in the United States. The mere happenstance that the data is stored beyond our borders, even though it may constantly or instantly be accessed from within our borders, places it off limits. Service providers' varying business practices in moving and holding data determine whether an investigation moves forward. This sort of domestic storage regime also forces U.S. law enforcement to work through diplomatic channels, which sometimes are slow and sometimes very cumbersome and in many instances less protective of privacy than U.S. criminal process, which requires a warrant from a neutral magistrate and a finding of probable cause. The upshot is that neither of these regimes is satisfactory. A maximalist regime that extends U.S. law enforcement jurisdiction worldwide creates serious conflict-of-law problems and places U.S. service providers in impossible positions. A more modest domestic storage regime, by contrast, hinders law enforcement's ability to solve crime and protect us from harm, based solely on where a particular document or piece of data happens to be stored at a given moment in time. What we need is a sensible regime with clear rules that determine access based on factors that actually matter to the person whose data is being sought. Privacy laws are meant to protect people, not abstractions. We ought not get bogged down with mindless formalism. Most people could care less whether their data is stored at site A or site B or country A or country B as long as it is easily accessible and has robust privacy protections. At the same time, we need to take proper account of the laws and interests of other countries, especially our allies. We ought to avoid, where possible, trampling on other nations' sovereignty or ignoring their own citizens' legitimate claims to privacy, whether here in the United States or abroad. For this reason, I believe the right approach to international data privacy is to ground the analysis on the location of the person whose data is being sought. It is, after all, the person who has rights and the person whose interests are devalued when data is obtained without proper process. Accordingly, I have proposed legislation called the International Communications Privacy Act, or ICPA, that sets clear rules for when and how U.S. law enforcement can access electronic data based on the location and nationality of the person whose data is being sought. I intend to introduce an updated version of this legislation in the very near future. Here is what the updated version of this legislation will say: If a person is a U.S. national or located in the United States, then law enforcement may compel disclosure no matter where the data is stored, provided the data is accessible from a U.S. computer and law enforcement uses proper criminal process. If a person is not a U.S. national, however, and is not located in the United States, then different rules apply. These rules are founded on three principles: respect, comity, and reciprocity. First, respect. If U.S. law enforcement wishes to access data belonging to a non-U.S. national located outside the United States, then law enforcement must notify the person's country of citizenship and provide that country an opportunity to object to the disclosure. This protocol shows respect to the other country and gives the country an opportunity to assert the privacy rights of its citizen. Second, comity. If, after receiving notice, the other country lodges an objection, the U.S. court undertakes a comity analysis to determine whose interests should rightfully prevail--the U.S. interests in obtaining the data or the foreign interests in preventing disclosure. As part of this analysis, the court can consider such factors as the location of the crime, the seriousness of the crime, the importance of the data to the investigation, and the possibility of accessing the data through other means. This analysis prevents an obstinate foreign power from impeding investigations without good reason or where the U.S. interests in disclosure are particularly strong. Third, reciprocity. In order to receive notice and an opportunity to object, the other country must provide reciprocal notice-and-objection rights to the United States. The country must also provide robust privacy protections within its own borders and satisfy international human rights standards. These requirements ensure that the U.S. provides its own citizens an equal or greater level of protection against foreign requests for data. They also offer incentives to foreign governments to properly safeguard the data of U.S. citizens within their jurisdiction. Tomorrow, the Senate Judiciary Committee Subcommittee on Crime and Terrorism will hold a hearing on law enforcement access to data stored abroad. That hearing, I hope, will elucidate many of the principles I just described. Soon after the hearing, I will reintroduce the International Communications Privacy Act. The bill as reintroduced will incorporate feedback from law enforcement and privacy groups. I intend to push very hard for this legislation and will seek every opportunity to do so. I want my colleagues to know that I will be pursuing any and all legislative vehicles to get it across the finish line. In the words of Utah businessman Jeff Hadfield, writing in the Deseret News, ``It's imperative that Congress quickly address the ambiguity within our current law. As every company becomes a software company, we need legislation that supports our companies' ability to store data overseas, protects our individual privacy rights, and helps U.S. law enforcement do its important job.'' I could not agree more. The International Communications Privacy Act provides critical guidance to law enforcement, while respecting the laws and interests of our allies. It brings a set of simple, straightforward rules to a chaotic area of law and creates an example for other countries to follow. It is a balanced approach and a smart approach, and it deserves this body's full support. Mr. President, on another matter, I wish to register my strong support today for the confirmation of John Sullivan to be Deputy Secretary of State. The nomination of John Sullivan is another example of President Trump choosing the best and brightest for national security positions in his administration. I have known John Sullivan since he was confirmed as Deputy Secretary of Commerce during the George Bush administration. He excelled in this position, which bears many similarities to the Deputy Secretary of State role to which he has been nominated. For example, as Deputy Secretary of Commerce, John was responsible for the day-to-day operations and management of a major Federal agency. As Deputy Secretary of State, he will assume the same managerial duties, but for a different Federal agency. In facilitating international trade agreements at the Department of Commerce, John Sullivan also honed his negotiating abilities, developing a diplomatic skill set that will be critical in his new role at the State Department. As the chairman of the Finance Committee, I closely followed John's tenure at Commerce. I was consistently impressed with his ability to promote American interests abroad while maintaining constructive relations with our trading partners. I have no doubt that he will continue to serve our Nation well as the Deputy Secretary of State. In addition to his management expertise, John Sullivan is a practicing attorney with the law firm of Mayer Brown LLP. There, too, he has developed a reputation for excellence, especially in the area of national security law. In John Sullivan we have a proven manager, a seasoned diplomat, and a sharp policy mind who will bring strong leadership to the State Department. In John Sullivan, President Trump and Secretary Tillerson have made an inspired choice. Secretary Tillerson is doing a tremendous job at the State Department. With John Sullivan as his Deputy, even more can be accomplished. In addition, I would like to thank John Sullivan for his willingness to serve. Of course, I would be remiss if I did not also thank his family--especially his wife of 29 years, Grace Rodriguez, who has provided invaluable support to John throughout his public service. It is unlikely John would be here today without their consent and their constant support. Few have the skills that John Sullivan possesses. Fewer still possess the patriotism, professionalism, and integrity he has displayed over a distinguished career. He is the best man for the job, which is why I urge my colleagues to confirm him without delay. I appreciate this opportunity to make these points on the floor. I yield the floor.

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National Police Week (Executive Calendar)2017-05-16

Mr. HATCH

Mr. HATCH. Mr. President, peace and order are the indispensable pillars of a stable society. They grant us security in our daily lives, trust in our communities, and faith in our democratic institutions. Where peace and order reign, so too does society thrive and prosper, but none of that is possible without our Nation's 700,000 men and women in blue. Each and every day, these brave sons and daughters--brave souls-- stand up for all of us. Each and every day, they stand guard, ready to do justice or risk harm--all on our behalf. So today I rise on behalf of a grateful Nation to recognize them. Their performance is exceptional, and their sacrifice is immense. Far too often, we take our police officers for granted. Far too often, we forget how hard it is to win and how easy it is to lose the peace and order that we all enjoy, but our police officers never forget. They are always at the ready. As we honor them this week, we remember that the question is not ``What causes violence or what causes crime?'' but rather, ``What causes peace, and what causes security?'' The answer is our men and women in blue. In celebration of our National Police Week, I wish to express my profound appreciation for our Nation's law enforcement community--the courageous men and women who each day put the safety of others before their own. Their success is impossible to fully measure. It cannot be counted in crime statistics or etched into medals. It can only be seen in the peace and order that their sacrifice makes possible. Therefore, allow me for a moment to speak directly to our police officers. Trust that your selflessness does not go unseen, that your service does not go unfelt, and that your sacrifice does not go unknown. We appreciate you, we support you, and we honor you. Law enforcement is among the noblest of professions. You are the brave guardians among us who fight for peace and protect the vulnerable from harm. On behalf of a grateful nation, I wish to thank you and your families for bearing the burden, shouldering the sacrifice, and making us all proud. Let it be known that I proudly back the blue. This is a critical moment to show the police our support. We live in a time when law enforcement officials are not only underappreciated but often maligned and, quite often, openly disparaged. Day in and day out, they suffer criticism and pressure. This week we let them know of our respect and admiration. Today, I wish to express my gratitude for our men and women in uniform by sharing stories of their heroism. You see, we hear all about police mistakes, and we hear wall-to-wall coverage of the controversies, but we seldom hear about the acts of bravery and professionalism that distinguish our police officers as the finest in the world. In particular, I would like to relate the account of Utahns Bre and Kayli Lasley, two sisters whose lives were saved by an on-duty police officer. In September 2015, a man armed with a knife climbed through a bedroom window in Bre and Kayli's Salt Lake City apartment. Once inside, he brutally beat both sisters before pulling out a knife and repeatedly stabbing Bre. Just as the attacker raised his knife to Bre's throat, Salt Lake City police officer Ben Hone charged into the room. He told the intruder to drop his knife. In that critical moment, with lives literally hanging in the balance, Bre remembers: That's when I saw the officer, and he was our angel . . . I looked at the officer in his eyes, and he was so professional and calm. When the attacker refused to surrender his weapon, Officer Hone raised his service pistol and fired, killing the armed intruder and saving Bre's life. In that moment, Officer Hone was truly Bre's guardian angel. She remembers: When [we] made eye contact, I knew I was safe. It's a miracle that he had so much composure and was able to take that shot. In recognition of his heroism, Officer Ben Hone was honored by the National Associations of Chiefs of Police and the American Police Hall of Fame as the 2015 Law Enforcement Officer of the Year. I think it was an honor richly deserved. Officer Hone survived that day. For that, we give thanks, but the sad reality is that many lose their lives in the line of duty. So today I wish to honor those men and women who have made the ultimate sacrifice and paid the highest price that society can ask. Our debt to them will not--indeed, cannot--be repaid. Among the fallen is Utah Highway Patrol Trooper Eric Ellsworth, who died only a few days after being struck by a car while on duty in Box Elder County. We also mourn the passing of West Valley City police officer Cody Brotherson and Greater Salt Lake Unified Police Department officer Douglas Barney, who were both killed in the line of duty this past year in Utah. I express my deepest condolences to the families and friends of these brave heroes and the countless others who have experienced similar tragedies. Although we cannot bring these officers back, we can honor their legacies by committing ourselves to supporting their brothers and sisters in uniform. To that end, I have introduced and cosponsored a number of bills this Congress that are meant to assist law enforcement as they serve our communities. These bills include the Rapid DNA Act, the Probation Officer Protection Act, and the Child Protection Improvements Act. Just yesterday, I joined Senator Coons in introducing the U.S. Marshals Service Hiring Improvement Act, which was named in honor of U.S. Marshals Service deputy Patrick T. Carothers, who was a 26-year veteran of the U.S. Marshals Service who died in the line of duty in Georgia in November 2016. Last week, I was grateful to see the Senate Judiciary Committee favorably report my bipartisan bill--the Rapid DNA Act of 2017. This critical legislation, which has garnered support from the National Association of Police Organizations, the Fraternal Order of Police, and the National District Attorneys Association, updates the law and leverages advancements in rapid DNA technology to expedite analysis in the FBI's Combined DNA Index System. If enacted, this commonsense proposal will enable law enforcement to analyze DNA in record time, reducing backlogs in rape kits and keeping violent criminals off of our streets. By facilitating the use of rapid DNA technology, this bill will also help to exonerate those wrongly accused of crime. The Rapid DNA Act has received strong support from U.S. Attorney General Sessions. During his confirmation hearing, Attorney General Sessions said: Rapid DNA analysis is a hugely important issue for the whole American criminal justice system. It presents tremendous opportunities to solve crimes in an effective way and produce justice because it's the kind of thing that you can't fake or mislead, so I am very strongly in favor of it.'' In remarks before the Senate Judiciary Committee, former FBI Director James Comey said that the Rapid DNA Act ``will help us change the world in a very exciting way,'' and it ``will materially advance the safety of the people of the United States.'' Each time I talk to a police officer, I always hear nearly the same thing. They have no need for fanfare or fame. All they need is the public's support and the tools necessary to do the job. In commemoration of National Police Week, let's make sure to give them both. I encourage my colleagues to join me in passing these bills and in showing our heroes in blue the gratitude and admiration they deserve.

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Healthcare Legislation (Executive Session)2017-05-11

Mr. HATCH

Mr. HATCH. Mr. President, I thank my colleague, who is an excellent person to work with. We enjoy each other and enjoy working together. We are getting a lot done, and I appreciate his kind remarks here today. I rise today in support of the nomination of Robert Lighthizer to be the next United States Trade Representative. Mr. Lighthizer was reported out of the Finance Committee unanimously--Democrats and Republicans--and I hope he receives a similarly strong bipartisan vote here on the floor. By statute, Congress has designated the USTR as the primary official for developing and coordinating U.S. trade policy, advising the President on trade, and leading international trade negotiations. The USTR must also report directly to and consult closely with Congress on a wide range of issues affecting international commerce. The USTR is Congress's first and most important point of contact when it comes to trade policy. Therefore, in order for Congress to have an effective voice in shaping our Nation's trade agenda, we need to have a fully staffed and functional USTR office. For that reason, I have been very critical of the pointless and unprecedented delays we have faced in filling this vacancy, in filling this position, due to some unreasonable demands from some of my friends on the other side of the aisle. This delay has served only to weaken Congress's position in trade policy and has hampered our ability to provide the new administration with substantive input. Despite this ill-advised delay, I am pleased that Mr. Lighthizer's nomination has finally been brought to the floor, and I thank my colleagues for that. Mr. Lighthizer's years of experience in public service, including as staff director for the Senate Finance Committee, as Deputy USTR during the Reagan administration, and in private practice, make him extremely well qualified to serve as our Nation's representative. Mr. Lighthizer's knowledge and experience will be vital to his service in this position and vital to our country. Put simply, growing our economy and creating better paying jobs for American workers require increased U.S. trade. Toward that end, I have spoken to Mr. Lighthizer about the importance of removing trade barriers for American businesses, workers, consumers, and, where those barriers have already been removed, maintaining the status quo. I know there is quite a bit of discussion going around about potential changes to the North American Free Trade Agreement. As I told Mr. Lighthizer, there are definitely opportunities to update and improve NAFTA, but it is important that the administration follow the spirit of the Hippocratic Oath: First do no harm. Mr. Lighthizer and I have also discussed the importance of protecting U.S. intellectual property rights around the globe through strong enforcement and better rules in trade agreements. I believe he recognizes the importance of this priority, and I will work to ensure that this issue plays a prominent role in our future trade negotiations. I have also made clear to Mr. Lighthizer that I believe consultation on trade policy between Congress and the administration is essential, particularly if our agreements are going to adhere to the standards Congress put forward in the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, the statute that included the most recent reauthorization of trade promotion authority. On this key point, I believe Mr. Lighthizer and I are in agreement. As U.S. Trade Representative, Mr. Lighthizer will have the task of holding our trading partners accountable, ensuring that Americans don't pay more for the products their families need and helping American businesses and workers sell more of their goods and services around the globe. This is not an easy job, but I am confident that Mr. Lighthizer is up to the task. As chairman of the Senate committee with jurisdiction over our Nation's trade policy, I am committed to working with him to ensure that we advance a trade agenda that will grow our economy, create more jobs, and expand market access around the globe for America's farmers, ranchers, and manufacturers. Mr. President, I suggest we vote on Mr. Lighthizer. I yield the floor.

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Immigration Law (Executive Session)2017-05-08

Mr. HATCH

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

Mr. HATCH. Mr. President, a month ago, I spoke in strong support of Dr. Heather Wilson to be the 24th Secretary of the Air Force. I am pleased that it appears that her nomination will be confirmed today. In the many years I have known Dr. Wilson, I have always been impressed by her intellect and especially by her leadership skills. Her qualifications and character are beyond dispute. Throughout her life, she has used her many talents not for personal gain or self- aggrandizement but for the public good. Dr. Wilson was one of the first female graduates of the Air Force Academy, which is a pretty impressive accomplishment unto itself, but she set an even higher standard when she earned a Rhodes scholarship to study at Oxford University. Upon being awarded her Ph.D., she went to work for the National Security Council and then ran for Congress. I got to know Dr. Wilson through her insightful work on the House Intelligence and Armed Services Committees. Make no mistake--Dr. Wilson made a difference during her service in the House. As a well-respected member of the Intelligence Committee, she built a reputation as a no-nonsense legislator who was deeply committed to upholding our national security. In all things, she proved herself to be exceptionally competent, and I have to say that she proved herself to be worthy of the highest trust. After her service in the House, Dr. Wilson became the president of the South Dakota School of Mines and Technology. There, she again set a high bar by leading a school whose alumni, I have been informed, make a higher average starting salary than do Harvard graduates. For over 20 years, our Nation's Air Force has been involved in conflicts all over the world. Now more than ever, the Air Force needs a proven leader who can modernize the service and lead us to victory. I believe Dr. Wilson will provide that leadership. I have every confidence that she will serve with honor and integrity and make a lasting difference as the next Secretary of the Air Force. I have known her for a long time. I have gone to her State and worked with her and campaigned with her. All I can say is that she is a very top-notch woman leader, one of the best I have seen in all of my time in the U.S. Senate, and I know she is going to do a terrific job. I am going to help her every step of the way, and I am sure everybody else here will. I hope everybody on this floor will vote for Dr. Heather Wilson for this position. We cannot lose. We are all going to be ahead because she is willing to serve and serve more, and she is willing to leave what really is a very comfortable position in order to take one that is not so comfortable and is very demanding, and I respect her for that and think the world of her. Mr. President, I suggest the absence of a quorum.

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CONGRESSIONAL REVIEW ACT RESOLUTION2017-05-03

Mr. HATCH

Mr. HATCH. Mr. President, as we continue this historic effort in Congress to repeal harmful regulations, I rise today in support of H.J. Res. 66. Due to the aggressive regulatory posture taken by the Obama administration in its final months, Congress has had to spend a significant portion of time repealing regulations under the Congressional Review Act, and our level of success has been unprecedented. Before 2017, only one CRA resolution had ever been successfully passed by Congress and signed by the President. If passed and signed, H.J. Res. 66 would be the 14th CRA resolution enacted this year. That is remarkable. It is unfortunate that we are in this situation, no doubt, but our success in rolling back harmful regulations is a positive step, in my view and in the view of so many others. There is a growing consensus here in Washington and throughout our country that the U.S. economy--our workers, businesses, and job creators--are horribly overregulated. Regulations promulgated by the executive branch take hundreds of billions of dollars out of our economy. The resolution before us will repeal a regulation that President Obama apparently personally ordered Labor Secretary Tom Perez to draft as a gift to certain blue States. The regulation eliminated longstanding Federal protections for the retirement savings of private sector workers, specifically giving States a ``safe harbor'' from the protection that workers have had for decades under ERISA if the State requires employers to either set up a retirement plan or enroll its employees in a State-run plan. These State plans do not have to be portable, nor do they have to permit workers to withdraw their savings at any time. States like California, Oregon, Connecticut, Maryland, and Illinois are already using this authority to impose new mandates on both large and small employers, including startup businesses. Some of the mandates apply regardless of the size of the business. The regulation not only encourages States to impose conflicting and burdensome mandates on private sector businesses, but it also encourages States to bar private workers' access to their retirement accounts, and it would let States invest private workers' retirement assets, ignoring provisions in Federal pension law that require prudent pension investment practices and that ban kickbacks and self-dealing. Some States have already made it clear that once they take control of the private worker assets, they intend to invest them just like they invest their State pension plan assets. For anyone who is following our Nation's current public pension crisis, that is not a pretty picture--and that is being kind. Put simply, States like California and Illinois shouldn't get a pass on investing potentially billions of dollars in private worker retirement assets without having to follow Federal rules requiring prudent investment practices--rules designed to protect retirement nest eggs of hard-working Americans. I am all for increasing coverage for employees and workplace retirement programs. I have been working with my colleagues on both sides of the aisle to address this issue. For example, last Congress, the Senate Finance Committee, which I chair, unanimously approved the Retirement Enhancement and Savings Act of 2016, a bipartisan bill designed to increase voluntary retirement savings. My bill and others like it provide workable, voluntary solutions to give more workers access to retirement plans. I emphasize the word ``voluntary.'' In America, we have a voluntary defined contribution retirement system for private businesses, and the voluntary approach with appropriate incentives for workers and employers is far better than the one taken by the Obama administration and former Labor Secretary Tom Perez, which would take us down the path toward government-mandated and government- run retirement plans. That is not really hyperbole. That is essentially the stated purpose of these types of regulations. The current retirement savings system clearly demonstrates the superiority of the free market over government mandates when it comes to government savings. Private retirement savings vehicles, like 401(k)s and IRAs that have been encouraged but not mandated by Federal laws have produced nearly $14 trillion in wealth and savings for the middle class. Let me repeat that. Private retirement savings vehicles, with encouragements and investor protections but not mandates, have produced nearly $14 trillion in wealth and savings for middle-class Americans. I agree that we need to enhance this system to give more workers access and incentives to participate, but there is absolutely no justification for any effort to reinvent the retirement savings system in order to give primacy to government-run plans. I can only wonder why States think they will be able to produce better results than the private retirement savings system, which has been an unqualified success. I have to wonder how some of my colleagues who value consumer financial protection, as I do, would want to see abandonment of rules, under the guise of a safe harbor, that erode protections for the savings of workers and future retirees. We can do our part to undo this harmful regulation by passing H.J. Res 66. Toward that end, I urge all of my colleagues to vote in favor of this resolution. Mr. President, I yield the floor.

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Introductory Statement on S. 10152017-05-03

Mr. HATCH

Mr. HATCH. Mr. President, I rise today to discuss the epidemic of suicide--a growing crisis that has devastated millions of families across our Nation. Over the past 8 years, the rate of deaths by suicide in our country has tripled. Let me repeat that. It has tripled, and the problem is particularly severe among young adults. According to the Centers for Disease Control, for youth between the ages of 10 and 24, suicide is now the third leading cause of death. In other words, more of America's youth die each year from suicide than cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined. This crisis shows no signs of abating. Consider that each day in our Nation, there are an average of over 5,400 suicide attempts by young people in grades 7 to 12. In my home State of Utah, the statistics are particularly alarming. Every 14 hours, a Utahn commits suicide, resulting in an average of 630 deaths each year. The problem is so acute that Utah now has the fifth highest suicide rate in the Nation. This troubling trend is particularly pronounced among Utah's youth. Even though Utahns from ages 10 to 17 comprise only 13 percent of the State population, they represent nearly 23 percent of all suicide attempts. Suicide is now the leading cause of death among Utah's teenagers. To stem the tide of teenage suicide in Utah, I convened a roundtable discussion in Salt Lake City last December that included community leaders, healthcare professionals, high school principals, and parents from across the State. There we discussed proven methods that destigmatize mental illness, a critical first step in addressing the suicide crisis. We also discussed the links between bullying and depression. In an effort to prevent teen suicide, the effect of bullying cannot be overlooked. A recent study in the Journal of the American Medical Association finds that kids who are bullied are more than twice as likely to consider suicide. In my home State of Utah, dozens of community leaders have drawn attention to the pernicious effects of bullying. The foremost among them is Dr. Greg Hudnall, a nationally recognized expert in suicide prevention. Dr. Hudnall found that between 8 and 12 percent of all suicides are committed by young people who have been bullied. To discourage bullying and to help our teenagers who are suffering most, Dr. Hudnall led in the development of HOPE4UTAH. HOPE4UTAH is a dynamic peer-to-peer program designed to empower students in groups called Hope Squads. Hope Squads identify warning signs of depression in teenagers and offer help to those in need. Wendy Nelson, principal of Utah's Syracuse High School, recently told me how Hope Squads have helped students at risk of suicide to connect with therapists that the school has made available on a regular basis. The high school has since partnered with a local community health center for help in addressing the need for help in this particular area and, of course, the need for mental health professionals in schools. This shortage of mental health counselors is a serious problem, not only in Utah but in schools across the Nation. It is a very, very serious problem. In our December roundtable discussion, we learned that teen suicide is something schools, parents, and mental health professionals cannot address individually. Instead, a continuum of care must exist for each child from the first day of school to graduation. We must all work together to ensure that our children feel safe. Educators play a vital role in maintaining an infrastructure of support for teenagers struggling with mental illness. Because educators are often the first to identify warning signs in vulnerable students, hundreds of teachers in Utah receive training in how to identify and respond to these signs. Once we know a teen is suffering, parents and mental health professionals can step in to provide ongoing care. Building community partnerships that involve everyone and that focus on evidence-based practices can save hundreds, if not thousands, of lives. My main purpose in organizing the roundtable discussion was to find ways I could help prevent suicide on a national level. Increasing access to mental healthcare has been a fixture of my Senate service. Nearly 20 years ago, I convened the Senate Finance Committee's first hearing dedicated to mental health. More recently, I focused my legislative efforts on fighting prescription drug abuse, an epidemic that has only accelerated our Nation's mental health crisis. I played a leading role in passing the Comprehensive Addiction and Recovery Act and helped to draft the 21st Century Cures Act, which President Obama signed into law in December. Both bills take aim at the opioid epidemic that is ravaging entire communities across the Nation. As a legislative body, we have set aside partisan differences in recent months to combat the opioid crisis as part of a broader effort to address growing rates of mental illness and death by suicide. But there is more we can do to help. To begin, we need to provide better and more immediate access to counseling and mental health services. This is one of the main takeaways from last year's roundtable discussion. So often we hear that those seeking help are just one positive interaction away from giving life another chance. As Utah State Senator Daniel Thatcher said: If you talk to someone, they live. If you connect them to support, they live. Laura Warburton, a Utah mother who lost her daughter to suicide, said that the day her daughter died, she had attempted to make one last call to her therapist and could not get through. While this is a complex problem with no simple, immediate answer, there are steps we can take to help. Today, we are taking those critical first steps to prevent future tragedies from taking place. In response to what I learned during the suicide roundtable in Utah, I have joined Senator Joe Donnelly in introducing the National Suicide Hotline Improvement Act, a bipartisan proposal that will make it easier for Americans of all ages to get the help and treatment they need when they are experiencing suicidal thoughts. The current suicide prevention lifeline system and veterans crisis line are in desperate need of reform. Our bill will require the Federal Communications Commission, in consultation with the Department of Health and Human Services and the Department of Veterans Affairs, to study the current national suicide hotline system and make recommendations to Congress on how we can improve it. Across our great Nation, there are millions of people, especially young people, who are alone and suffering in the shadows of depression. Many of them are bombarded by suicidal thoughts and have no idea where to turn for help. To make matters worse, the national suicide hotline number, 1-800-273-TALK, is not an intuitive or easy number to remember, particularly for those experiencing a mental health emergency. Fortunately, the success of the 911 emergency system provides a model for addressing this problem. My bill will require the Federal Communications Commission to recommend an easy-to-remember, three-digit number for the national suicide prevention hotline. I believe that by making the national suicide prevention lifeline system more user- friendly and accessible, we can save thousands of lives by helping people find the help they need when they need it most. In introducing this legislation, I wish to thank my fellow Utahn, Congressman Chris Stewart. Congressman Stewart has been an invaluable partner in offering some of the most important measures of this bill. Additionally, I would like to thank the American Foundation for Suicide Prevention. I also wish to express my appreciation for the support we have received from the Utah State Legislature, Utah's attorney general, and the Utah Department of Health Services, as well as several groups from the law enforcement community. This proposal transcends party lines and stands to save thousands of lives. We cannot delay this effort to prevent suicide. So I call on my colleagues in both the House and the Senate to act quickly to pass this bill. Your support for this legislation represents your commitment to preventing future tragedies. I ask all of you today, regardless of your party affiliation, to cosponsor this legislation. In doing so, you can help us help those who need our help the most. There is absolutely no time to lose.

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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS2017-05-03

Mr. HATCH

Mr. HATCH. Mr. President, I rise today to discuss the epidemic of suicide--a growing crisis that has devastated millions of families across our Nation. Over the past 8 years, the rate of deaths by suicide in our country has tripled. Let me repeat that. It has tripled, and the problem is particularly severe among young adults. According to the Centers for Disease Control, for youth between the ages of 10 and 24, suicide is now the third leading cause of death. In other words, more of America's youth die each year from suicide than cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined. This crisis shows no signs of abating. Consider that each day in our Nation, there are an average of over 5,400 suicide attempts by young people in grades 7 to 12. In my home State of Utah, the statistics are particularly alarming. Every 14 hours, a Utahn commits suicide, resulting in an average of 630 deaths each year. The problem is so acute that Utah now has the fifth highest suicide rate in the Nation. This troubling trend is particularly pronounced among Utah's youth. Even though Utahns from ages 10 to 17 comprise only 13 percent of the State population, they represent nearly 23 percent of all suicide attempts. Suicide is now the leading cause of death among Utah's teenagers. To stem the tide of teenage suicide in Utah, I convened a roundtable discussion in Salt Lake City last December that included community leaders, healthcare professionals, high school principals, and parents from across the State. There we discussed proven methods that destigmatize mental illness, a critical first step in addressing the suicide crisis. We also discussed the links between bullying and depression. In an effort to prevent teen suicide, the effect of bullying cannot be overlooked. A recent study in the Journal of the American Medical Association finds that kids who are bullied are more than twice as likely to consider suicide. In my home State of Utah, dozens of community leaders have drawn attention to the pernicious effects of bullying. The foremost among them is Dr. Greg Hudnall, a nationally recognized expert in suicide prevention. Dr. Hudnall found that between 8 and 12 percent of all suicides are committed by young people who have been bullied. To discourage bullying and to help our teenagers who are suffering most, Dr. Hudnall led in the development of HOPE4UTAH. HOPE4UTAH is a dynamic peer-to-peer program designed to empower students in groups called Hope Squads. Hope Squads identify warning signs of depression in teenagers and offer help to those in need. Wendy Nelson, principal of Utah's Syracuse High School, recently told me how Hope Squads have helped students at risk of suicide to connect with therapists that the school has made available on a regular basis. The high school has since partnered with a local community health center for help in addressing the need for help in this particular area and, of course, the need for mental health professionals in schools. This shortage of mental health counselors is a serious problem, not only in Utah but in schools across the Nation. It is a very, very serious problem. In our December roundtable discussion, we learned that teen suicide is something schools, parents, and mental health professionals cannot address individually. Instead, a continuum of care must exist for each child from the first day of school to graduation. We must all work together to ensure that our children feel safe. Educators play a vital role in maintaining an infrastructure of support for teenagers struggling with mental illness. Because educators are often the first to identify warning signs in vulnerable students, hundreds of teachers in Utah receive training in how to identify and respond to these signs. Once we know a teen is suffering, parents and mental health professionals can step in to provide ongoing care. Building community partnerships that involve everyone and that focus on evidence-based practices can save hundreds, if not thousands, of lives. My main purpose in organizing the roundtable discussion was to find ways I could help prevent suicide on a national level. Increasing access to mental healthcare has been a fixture of my Senate service. Nearly 20 years ago, I convened the Senate Finance Committee's first hearing dedicated to mental health. More recently, I focused my legislative efforts on fighting prescription drug abuse, an epidemic that has only accelerated our Nation's mental health crisis. I played a leading role in passing the Comprehensive Addiction and Recovery Act and helped to draft the 21st Century Cures Act, which President Obama signed into law in December. Both bills take aim at the opioid epidemic that is ravaging entire communities across the Nation. As a legislative body, we have set aside partisan differences in recent months to combat the opioid crisis as part of a broader effort to address growing rates of mental illness and death by suicide. But there is more we can do to help. To begin, we need to provide better and more immediate access to counseling and mental health services. This is one of the main takeaways from last year's roundtable discussion. So often we hear that those seeking help are just one positive interaction away from giving life another chance. As Utah State Senator Daniel Thatcher said: If you talk to someone, they live. If you connect them to support, they live. Laura Warburton, a Utah mother who lost her daughter to suicide, said that the day her daughter died, she had attempted to make one last call to her therapist and could not get through. While this is a complex problem with no simple, immediate answer, there are steps we can take to help. Today, we are taking those critical first steps to prevent future tragedies from taking place. In response to what I learned during the suicide roundtable in Utah, I have joined Senator Joe Donnelly in introducing the National Suicide Hotline Improvement Act, a bipartisan proposal that will make it easier for Americans of all ages to get the help and treatment they need when they are experiencing suicidal thoughts. The current suicide prevention lifeline system and veterans crisis line are in desperate need of reform. Our bill will require the Federal Communications Commission, in consultation with the Department of Health and Human Services and the Department of Veterans Affairs, to study the current national suicide hotline system and make recommendations to Congress on how we can improve it. Across our great Nation, there are millions of people, especially young people, who are alone and suffering in the shadows of depression. Many of them are bombarded by suicidal thoughts and have no idea where to turn for help. To make matters worse, the national suicide hotline number, 1-800-273-TALK, is not an intuitive or easy number to remember, particularly for those experiencing a mental health emergency. Fortunately, the success of the 911 emergency system provides a model for addressing this problem. My bill will require the Federal Communications Commission to recommend an easy-to-remember, three-digit number for the national suicide prevention hotline. I believe that by making the national suicide prevention lifeline system more user- friendly and accessible, we can save thousands of lives by helping people find the help they need when they need it most. In introducing this legislation, I wish to thank my fellow Utahn, Congressman Chris Stewart. Congressman Stewart has been an invaluable partner in offering some of the most important measures of this bill. Additionally, I would like to thank the American Foundation for Suicide Prevention. I also wish to express my appreciation for the support we have received from the Utah State Legislature, Utah's attorney general, and the Utah Department of Health Services, as well as several groups from the law enforcement community. This proposal transcends party lines and stands to save thousands of lives. We cannot delay this effort to prevent suicide. So I call on my colleagues in both the House and the Senate to act quickly to pass this bill. Your support for this legislation represents your commitment to preventing future tragedies. I ask all of you today, regardless of your party affiliation, to cosponsor this legislation. In doing so, you can help us help those who need our help the most. There is absolutely no time to lose.

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Tax Reform (Executive Session)2017-05-01

Mr. HATCH

Mr. HATCH. Mr. President, last Wednesday, the Trump administration unveiled the outlines of a tax reform plan, and, predictably, the plan has met with both praise and scorn from the usual sectors. Regardless of where the people might come down on the specifics of the President's plan, those who have been proponents of tax reform--hopefully those from both parties--should be pleased to see the President of the United States fully engaged in this effort. For 6 years now, I have been beating the drum on tax reform. I have sought to make the case for reform here on the floor, in public forums and events, and in private conversations, and I haven't been alone. Indeed, Members from both parties have acknowledged the need to fix our broken tax system and have sought to move the ball forward on reform. One thing I have said throughout this endeavor is that tax reform, if it is going to be successful, will require Presidential leadership, and that was not a political statement on my part. With those statements, I wasn't simply calling for the election of a Republican President; on the contrary, I repeatedly implored President Obama to engage with Congress on tax reform but really to no avail. As of now, we finally have a President who is willing to lead in this effort. Once again, regardless of where anyone stands with regard to this President or the specifics of his tax plan, the fact that he is willing to meaningfully engage with Congress and the public on these issues should be viewed as a welcome sign for all tax reform advocates, regardless of their party affiliation. With regard to the specifics of the outline, I believe the President has laid out a set of critical core principles that should hopefully serve as guideposts as the effort moves forward. Most importantly, the plan is designed, first and foremost, to grow the economy, and it would certainly do that. In addition, the plan would greatly simplify the Tax Code to make it fairer, particularly for individuals and families, which has been a shared goal of tax reformers from both parties and from both sides of the aisle. For instance, over two-thirds of taxpayers take the standard deduction. Those taxpayers tend to be concentrated in the middle and lower income brackets. Under the President's plan, married couples would see the standard deduction doubled, so that they would not pay taxes on the first $24,000 of income. It would reduce rates for both large and small businesses and job creators, which is also something both Republicans and Democrats have sought to accomplish in tax reform. Overall, the President's tax plan would make our country more competitive in the international marketplace and reduce the tax burden on millions of middle-class families. Clearly, as the effort moves forward, Congress and the administration will have to fill in the specifics. We will need to see how the numbers work out and where the votes are for any particular reform proposal. This is going to take some time, but, as the chairman of the Senate's tax-writing committee, I believe we can be ready to move in relatively short order. I intend to work closely with my colleagues on the Finance Committee, our leadership here in the Senate, leaders in the House, and, of course, the administration to finalize a reform package and get it across the finish line. The last major tax overhaul in the United States was more than 30 years ago, so we have a once-in-a-lifetime or once-in-a-generation opportunity in front of us, and I intend to do all I can to ensure that we make the most of it. When I say ``we,'' I am not simply referring to Republicans in Congress and the White House; I am referring to anyone who recognizes the problems in our current tax system and is willing to do the necessary work to fix those problems. My hope is that this will be a bipartisan exercise. By and large, Republicans appear ready and willing to work with the President to get tax reform done, and I am working to find some willing partners among my friends on the other side of the aisle. I have said many times that tax reform should not have to be a partisan exercise. Our current tax system imposes undue burdens and undue hardships on Republican and Democratic voters alike. Therefore, both Republicans and Democrats in Congress should be willing to relieve these hardships, and, as I have stated here on the floor on numerous occasions, I am willing to work with anyone, Republican or Democrat, to make this effort successful. That said, I haven't been all that encouraged by the rhetoric we are hearing from our friends on the other side of the aisle on these issues. Setting aside statements we have heard about the policies in the President's plan or elsewhere, the Senate Democratic leadership at times seems bound and determined to ensure that no Member of their party engages on these issues. Most recently, the Senate minority leader has insisted on two conditions before he will agree to work with Republicans on tax reform. The first condition is that Republicans commit to not moving tax reform through the budget reconciliation process. This is an odd demand, one that is, quite frankly, unprecedented in the modern history of tax policy. Certainly, the reconciliation process makes it easier to move reform through Congress on a partisan basis, but, historically speaking, most major tax bills that have moved through reconciliation have had bipartisan support. There is no reason, if agreements are reached on policy, that Democrats could not agree to support a tax reform package moved through reconciliation, so taking it categorically off the table before discussions even begin seems, at best, counterintuitive. History tells us that reconciliation need not be partisan. In fact, when Republicans have had control of both Houses of Congress and the White House, we have enacted tax reconciliation bills that have enjoyed some Senate Democratic support. It is also worth noting that at various points in the recent past, Republicans have stayed at the negotiating table, participating in formal and informal discussions on major policy matters with reconciliation instructions in place and without any assurances that reconciliation would not be used. Are Democrats going to be more amenable to compromising on policy if reconciliation is not on the table? It is hard to see why that would be the case. Taking reconciliation off the table would really only make it easier for Democrats to prevent any kind of tax reform from passing. So, essentially, what some of my Democratic colleagues are saying is that before they will even enter into talks on tax reform, they want us to ensure upfront that they will have the ability to block the bill once it is brought up. As I said, that is an odd demand, and not one you would expect to hear from someone who is willing to negotiate in good faith. My colleagues' second precondition for working with us on tax reform is that President Trump release his tax returns. Like their first demand, this one makes me doubt whether the Senate Democratic leadership really wants to be constructive on tax reform. This is a political demand, pure and simple, likely poll-tested and focus-grouped to please the Democrats' base. I don't imagine this demand is really about uncovering conflicts of interest in tax reform. If it is, it is a horribly misguided strategy. After all, if tax reform were to succeed, the President is only one small part of the equation. There are 435 Members of the House of Representatives and 100 Senators, all of whom would be called upon to vote either for or against the tax reform bill, and whether a Member of Congress supports or opposes a particular bill, a conflict of interest could potentially influence that decision, just as one could theoretically influence a President's decision to sign or veto a bill. Yet I don't hear anyone from the other side of the aisle demanding the release of the tax returns of every Member of Congress before we can even start working on a bill. That has never been a prerequisite for working on tax legislation in the past, and it certainly should not be a prerequisite in the future. In any event, despite these unreasonable demands, I will once again state that I am more than willing to work with my Democratic colleagues on tax reform, and I sincerely hope at least some of them will be willing to do so. I have been in the Senate for a while now. I think I have more than sufficiently demonstrated my willingness to put partisan differences aside and to reach across the aisle. Make no mistake, I believe Republicans can move a tax reform package on a purely partisan basis. We have the procedural mechanism in place that would allow us to do that. But my strong preference would be to find a bipartisan pathway forward, and I hope that can be achieved. Speaking more broadly, whether we move forward on a partisan or bipartisan basis, being successful on tax reform is going to require that we practice the art of the doable. There are a lot of ideas out there on tax reform and no shortage of competing interests. I have my own ideas and proposals that I have been working on for a number of years that I would like to see included in the final package. However, no idea should be considered more important than the broader goals of tax reform. That goes for my ideas and those of anyone else in Congress or in the administration. There is a great deal of consensus among Republicans on the most important tax reform policies and principles. In fact, I would say we agree on roughly 80 percent of the key issues, which is a good starting point. I will not go into specifics today, but there are some high- profile items in the remaining 20 percent, and there are some differences of opinion regarding most of those items. Bridging that gap and finding the path forward is going to take some serious negotiation and compromise. My hope is that people will be willing to adjust their expectations and bend on their preferences in order to achieve success in this very important endeavor. Speaking for myself, I can say that I would be willing to do so, and I have confidence that my colleagues who will also be playing leadership roles in this effort are similarly willing. Perhaps most importantly, I believe the President and his advisers in the administration are willing to make the necessary compromises to finally make tax reform a success. This is the closest we have been to success in tax reform in the past three decades. I hope both parties, both Chambers, both sides of Pennsylvania Avenue are up to that challenge. Mr. President, I suggest the absence of a quorum.

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Antiquities Act (Executive Session)2017-04-27

Mr. HATCH

Mr. HATCH. Mr. President, I rise to commemorate an important day for Utah and the western way of life. Just yesterday, the President signed an Executive order calling for review of monument designations across the United States, with a specific focus on two national monuments that have caused significant damage in my home State of Utah: Bears Ears and the Grand Staircase-Escalante. Yesterday's Executive action is the culmination of countless hours of hard work and close coordination with the White House. When I first spoke with President Trump in the Oval Office during his first week on the job, I asked for his help in addressing the Bears Ears debacle. From day one, our President has been committed to helping us fix this disaster and ensuring that our smallest counties get a fair shake. Throughout my Senate service, I have fought to give voice to the needs of our rural communities in the debate over public lands. Too often, past Presidents have ignored the concerns of Utah's families in declaring massive monuments that threaten the western way of life. Too often, Presidents have abused the authority under the Antiquities Act to satisfy the demands of an extreme environmental agenda but no more. Following yesterday's Executive order, I look forward to working with the Trump administration to address past abuses and restore the original meaning of the Antiquities Act. The Executive order directs Secretary of Interior Ryan Zinke to review dozens of national monuments. This is a welcomed opportunity to set a new precedent for the responsible use of the Antiquities Act--a precedent that will take into account the needs of locals and foster greater trust between the States and the Federal Government as we work toward a shared goal of preserving our cultural antiquities. For decades, I have sought to rein in Executive abuse under the Antiquities Act. That is why I traveled to Bears Ears just last week to hear firsthand from the local residents and Tribal members who have been hurt most by this monument designation. That is why, in the opening days of his Presidency, I met personally with President Trump in the Oval Office to discuss the public lands issue at length. I made clear to the President that Utahns have had enough of monument designations that come down unilaterally with zero support from locals, State officials, or Congress. Many of my own constituents have had their lives upended by this abuse of Executive power. For too long, Utahns--many of whom depend on public lands for their very livelihood--have been at the mercy of out-of-touch bureaucrats who have little knowledge or personal connection to the land. President Obama only made their situation worse when he spurned the men and women of San Juan County by declaring the Bears Ears National Monument last December. In doing so, he defied the will of the State legislature, the Governor, and the entire Utah congressional delegation. President Obama's last-minute monument designation imposed even greater land use restrictions on a region that is already predominately controlled by the Federal Government. As I have said before, in opposing the Bears Ears National Monument designation, I am in no way opposing the protection of lands that need to be protected. Indeed, there are many cultural sites in Utah that warrant preservation, and I am committed to working with the President and with Congress to protect those sacred places for future generations. But as I have also said previously, I believe that it is both unlawful and undemocratic for any President to seize millions upon millions of acres of land through the Antiquities Act--a law that was geared to give the President only narrow authority to designate special landmarks, such as a unique national arch or the site of old cliff dwellings. We desperately need a new process for creating national monuments. Congress and impacted local communities, not the President alone, should have a say in decisions that restrict access to millions of acres of federally owned land. In making such decisions, the voice of the people is paramount. Let me be clear: Abusing the Antiquities Act at the expense of local communities is not a sustainable public lands strategy. This strategy is counterintuitive because it puts Antiquities Act authority at great risk. The Antiquities Act was designed to provide specific protections for objects of antiquity, but out West, particularly in Utah, the law has become synonymous with land grabs and Federal overreach. Restoring the legitimacy of Antiquities Act authority in the eyes of westerners requires a more measured approach to monument designations, an approach that takes into account the needs of locals and restores trust between States and the Federal Government. To be clear, I have no objection when Presidents use the Antiquities Act according to its original purpose, which was to protect cultural antiquities by designating the minimum acreage necessary. Take, for example, the great State of Washington, which is home to several national monuments that were created in line with the law's original intent. The State's beautiful San Juan Islands cover only 970 acres, while the Hanford Reach encompasses 195,000 acres. At first glance, this amount of acreage may seem large, but compared to Utah's two most prominent national monuments, it is a tiny speck on the map. In fact, the total acreage of the San Juan Islands and Hanford Reach combined is only 6 percent of the size of Bears Ears and Grand Staircase-Escalante National Monuments. In the State of Washington, Presidents have used the Antiquities Act within reason. Unfortunately, the same cannot be said for my home State of Utah, where Presidents have repeatedly abused their authority under the law to declare eight national monuments that together span more than 3.3 million acres. In Utah, national monuments cover roughly 10 percent of all Federal land in a State where 67 percent of the land is already owned and dominated by the Federal Government. By contrast, only 28 percent of the land in the State of Washington is owned by the Federal Government. Of that Federal land, only 1.6 percent is locked away as a national monument. It is no wonder, then, that Utahns feel more threatened by the Antiquities Act than Washingtonians. This is a law that past Presidents have brandished as a weapon to cut up entire sections of our State. This is far from the first time I have taken to the floor to speak out against Antiquities Act abuse. It certainly won't be the last. But I am encouraged by yesterday's Executive order with President Trump and Secretary Zinke on our side. I believe we can plot a path forward to correct past abuses and forge a new precedent for future monument designations. The President's Executive action signifies a critical milestone in the effort to include local voices in the management of our public lands. As the Trump administration reviews various national monuments, we must replace the top-down approach of past administrations with a grassroots strategy that engages local leaders, State officials, and Members of Congress in the decision-making process. Bringing all stakeholders to the table is essential to establish a new precedent that will undo the decades of abuse we have endured under, I think, false interpretations of the Antiquities Act. I am eager to continue working with the President and the Secretary of the Interior to preserve our Nation's cultural treasures in a way that honors the original meaning of the Antiquities Act. I am likewise eager to involve locals in that process. With all parties working together, I firmly believe we can restore a relationship of trust between the States and the Federal Government in the management of public lands. I am grateful for a President who is willing to work with us to reset the status quo. Better than any of his predecessors, President Trump understands the lasting damage wrought by past Presidents under the Antiquities Act. Indeed, in all my years of public service, I have never seen a President so committed to reining in the Federal Government and so eager to address the problems caused by these overreaching monument designations. I wish to thank President Trump and Secretary Zinke for taking concrete steps to rein in abuse through yesterday's Executive order. I also wish to thank the President's Chief of Staff, Reince Priebus, who helped make yesterday's victory possible. Reince has done exceptionally well in one of the toughest jobs in all of Washington. The President is lucky to have Reince in the White House. I am lucky to call him a friend. I also wish to thank my former chief of staff, Ron Porter, who is now a special assistant to the President and the Staff Secretary at the White House. Rob is an invaluable asset to the President's team and ours as well. Without him, yesterday's Executive order would never have come to fruition, at least in my opinion. Rob was among the finest men ever to serve as my chief of staff. I have enjoyed watching him succeed at the White House. Yesterday we took a meaningful first step to fix past abuses under the Antiquities Act. Yet there is still much work to be done, and I look forward to working with the White House every step of the way. With that, I am grateful for all those who have participated in helping us to right the wrongs that have been going on for far too long, as some of the Presidents have played pure politics with public lands at the expense of the States involved, especially my State. It is easy to pick on a State that is 67 percent owned by the Federal Government and up to well over 70 percent owned by the Federal and State governments. It is easy to pick on these States--a small State indeed. But our State is resilient. We have some of the better people in Congress, and we also have the ability to be able to raise all kinds of hell here. All I can say is that I just want my State treated fairly. I want to make sure the bureaucrats here in Washington don't walk all over the West because they think they can because of the wide expanses of territory and the many, many other aspects of the Western States that make them vulnerable to this type of inappropriate activity. I yield the floor. I suggest the absence of a quorum.

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Bears Ears National Monument (Executive Session)2017-04-24

Mr. HATCH

Mr. HATCH. Mr. President, I ask unanimous consent that the time during quorum calls be divided equally.

Mr. HATCH. Mr. President, I suggest the absence of a quorum.

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

Mr. HATCH. Mr. President, last week, I had the opportunity to return home to visit the recently declared Bears Ears National Monument. This Federal designation encompasses roughly 1.35 million acres in Utah, and it is located in one of our country's most remote communities--Juan County. For decades, this quiet county remained largely untouched by the tensions of modern life and the taint of Washington politics, but no more. San Juan County is now the epicenter of a brutal battle over public lands, the outcome of which will have long-lasting consequences not only for Utah but for the entire Nation. In geographical terms, San Juan County is massive. It is the largest county in the State of Utah and the second largest county in the United States. To put the size of San Juan County in perspective, consider that the county itself is larger than several States, including Connecticut, Delaware, and Rhode Island. San Juan County alone accounts for nearly 10 percent of all the land in Utah. Yet Utahns have had very little to say about what actually goes on there. That is because the Federal Government administers the vast majority of San Juan County. Incredibly, just 8 percent of the county's land is under private ownership while an area of more than 2 million acres is controlled by the Bureau of Land Management. This means that for years, my constituents who depend on the land's resources, have been at the mercy of out-of-touch bureaucrats who have little knowledge or personal connection to the land. President Obama only made matters worse when he spurned the men and women of San Juan County by declaring the Bears Ears National Monument last December. In doing so, he defied the will of the State legislature, the Governor, and the entire Utah congressional delegation. President Obama's midnight monument designation imposed even greater land use restrictions on a region that is already predominantly controlled by the Federal Government. This last-minute monument designation was a case study in Presidential hubris. In making this unilateral decision, our former President either failed to heed the concerns of San Juan County residents or ignored them completely. As evidence of his disdain, President Obama issued this declaration with no open debate, no public hearing, and no vote in Congress. Utahns are now suffering the consequences of his recklessness. When I visited the Bears Ears region last week, I met with small business owners and local officials who admitted the fact that the Obama administration never even gave them the courtesy of a simple phone call. President Obama knew his last-minute decision would impact the livelihoods of thousands in my State, but he was clearly more concerned with appeasing far-left interest groups than helping the men and women who depend on this land for their very survival. I wish to be clear. In opposing the Bears Ears Monument designation, I am in no way opposing the protection of lands that need to be protected. Indeed, there are many cultural sites in San Juan County that deserve special care, and I am committed to working with the President and with Congress and with the people in that county to preserve these sacred sites. I believe it is both unlawful and undemocratic for any President to seize millions upon millions of acres of land through the Antiquities Act--a law that was meant to give the President a narrow authority to designate special landmarks, such as a unique natural arch or the site of old cliff dwellings. We desperately need a more sensible approach to protecting public lands--an approach that adheres more closely to the original intent of the Antiquities Act. Under this bill, Presidents were to exercise their authority to designate only the smallest area necessary to protect objects of antiquity. Instead, past Presidents have abused their power under the Antiquities Act to seize entire swaths of land. In the case of Bears Ears, President Obama cited his authority under the Antiquities Act to lock away an entire quarter of San Juan County-- an action that undermines local autonomy and clearly violates the spirit of the law. In my view, land use decisions should not be decreed by executive fiat. They should be made only through a collaborative process that involves those who actually live there, live on the land, and know how to manage it. For example, had President Obama worked with--rather than around-- Congress to protect public lands, Utah's schoolchildren would be better off today. That is because there are more than 100,000 acres of school trust land that lie within the 1.3 million-acre Bears Ears National Monument. The land is a significant source of revenue for schools across our State, providing children with the instruction and resources they need to succeed well into adulthood. But with President Obama's unilateral monument designation, this land was effectively rendered useless, eroding our State's ability to raise much needed funding for Utah's schools. Had a more responsible legislative approach been taken to protect Bears Ears, we could have preserved our school trust lands and protected the revenue they generate to benefit Utah's schoolchildren. I wish to emphasize again that I am fully committed to protecting the vast stretches of red rock, desert, and rolling prairie that dot our western landscape, but the Antiquities Act is not the means to that end. Monumental land use decisions affecting thousands of westerners should be made by the men and women on the ground and their duly elected representatives, not just the President and his advisers. Congress--not the President alone--should have a say in decisions that restrict access to millions of acres of federally owned land. In making such decisions, the voice of the people is paramount. That is why last week I visited the people of San Juan County. There, I spoke with Native Americans who rely upon this land and its resources for their very livelihood. I met with members of the San Juan School District who depend on the school trust lands to keep their classrooms lit and their schools up and running, and I met with members of the San Juan County Commission who are dealing firsthand with the negative consequences of the Bears Ears designation. I traveled to San Juan County to listen to the people who feel abandoned by their very own government. My trip only reaffirmed my concern for the Bears Ears National Monument, which I have long held is not in the best interest of San Juan County. The men and women of San Juan County are a strong and hardy people. They share a deep connection and history with the land. But San Juan County isn't without its struggles. For decades, it has been listed among the most persistently poor counties in the Nation. With the vast majority of the land owned and operated by the Federal Government, the fate of San Juan County rests almost entirely with beltway bureaucrats making politically motivated decisions more than 2,000 miles away. The families of Southern Utah should not be at the mercy of a Federal bureaucracy so completely out of touch with the western way of life. Enough is enough. Under the Constitution, Congress has the sole authority to manage public lands. The only reason the executive branch has any say in the management of Federal lands is because Congress granted the President limited authority to participate in this process. We entrusted the executive branch to exercise reasonable authority through bills such as the Federal Land Policy and Management Act. At the heart of these policies was the principle of multiple use and sustainable yield--a mandate that Congress gave the executive branch when granting it this authority. The mandate of multiple use was meant to preserve the ability of areas like San Juan County to live and grow, even when inundated with federally owned public lands. But President Obama betrayed this mandate through his Bears Ears designation when he declared much more than the smallest acreage possible as required by the Antiquities Act. When I spoke with the leadership of the San Juan School District, they told me how prosperous the county had been when they were able to strike a balance with multiple land use. But the county's schools have been strapped for cash ever since the Bears Ears National Monument designation rendered these lands useless. After speaking with school officials, we then met with local county commissioners and Navajo from San Juan County and drove together to the heart of Bears Ears, Bears Ears Meadow--behind me, the actual Bears Ears split of the mountains. We discussed how the monument could be altered so that the lands that deserve protection can remain protected but in a way that is consistent with the language of the Antiquities Act. I believe there will be changes made to Bears Ears. These beautiful lands deserve protection, but so too do the people of San Juan County. They should not be trampled on by their own government. As long as I am a U.S. Senator, I will not stop fighting to make sure that Utahns have a voice in the management of public lands. For years, I have fought to check the abuse of executive power under the Antiquities Act. That is why I have been working closely with the Trump administration from day one to right the wrongs of previous administrations. In the opening weeks of his Presidency, I met personally with President Trump in the Oval Office to discuss the national monument issue at length. He listened intently as I relayed the fears and frustrations of thousands in our State who have been personally hurt by the Bears Ears and Grand Staircase monument designations. I explained the urgency of addressing the harm caused by these devastating measures, and I asked for his help in doing so. I was encouraged that, unlike his predecessor, President Trump actually took the time to listen and understand the heavy toll of such overreaching activities. Our President even assured me that he stands ready to work with us to undo the damage wrought by previous Presidents under the Antiquities Act, and I believe he will do so. As details emerge, I understand the President even stands ready to issue an Executive order reining in the abuse of authority under the Antiquities Act. Now, this action would direct the Department of the Interior ``to review prior monument designations and suggest legislative changes or modifications to [these] proclamations.'' In President Trump, we have a leader who is committed to defending the western way of life. I am deeply grateful for his willingness to work with us to undo the harm caused by the overreach of his predecessors. In protecting our public lands, I look forward to working with the Trump administration to establish a new precedent of collaboration and trust between States and the Federal Government. I yield the floor. I suggest the absence of a quorum.

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TECHNET'S 20TH ANNIVERSARY2017-04-24

Mr. HATCH

Mr. HATCH. Mr. President, today I wish to recognize TechNet for its indispensable role in promoting the innovation economy and to congratulate the organization on its 20th anniversary. TechNet is a national, bipartisan network of technology CEOs and senior executives that represents more than 2 million employees in the fields of information technology, e-commerce, advanced energy, biotechnology, venture capital, and finance. Over the last two decades, TechNet has advanced public policies and private sector initiatives that have helped to strengthen our Nation's position as the global technology leader and to create jobs and opportunities for millions of Americans. TechNet has been at the forefront of championing research and development, broadband connectivity, entrepreneurship, cyber security, tax reform, education reform, high-skilled immigration, and many other issues. TechNet was founded in 1997 by two giants in the technology industry: John Doerr and John Chambers. John Doerr's technology career began in 1974 at Intel, where he held roles in engineering, marketing, management, and sales. He later founded Silicon Compilers, a VLSI CAD software company, and cofounded @Home, a nationwide broadband cable Internet service. In 1980, John joined Kleiner Perkins Caufield & Byers, KPCB, and has since supported some of the world's most successful entrepreneurs, including Google's Larry Page, Sergey Brin, and Eric Schmidt; Amazon's Jeff Bezos; and Inuit's Scott Cook and Bill Campbell. John avidly supports entrepreneurs seeking to create the ``next big thing'' in mobile and social networks, education, and economic development. Ventures sponsored by John have created more than 300,000 new jobs. Outside of KPCB, John also supports entrepreneurs who focus on the environment, public education, and alleviating global poverty. John serves on the boards of Amyris, Google, and Zynga, as well as several private technology ventures. John Chambers spent 8 years with Wang Laboratories and 6 years with IBM before joining Cisco in 1991 as senior vice president, worldwide sales and operations. Over the course of 20 years at Cisco, he helped grow the company from $70 million, when he joined, to $1.2 billion when he assumed the role of CEO, to $47 billion when he stepped down as CEO in 2015. He is now executive chairman of the board for Cisco, where he counsels Cisco's leadership on company strategy, digital transformation, and strategic partnerships. John has received numerous awards for his leadership, including being named one of the Best- Performing CEOs in the World in 2015 by Harvard Business Review and receiving the Edison Achievement Award for Innovation. John has also been named one of Barron's' World's Best CEOs, one of Time Magazine's 100 Most Influential People, and the Best Boss in America by 20/20. In addition, John has been widely recognized for his philanthropic leadership and his active role in corporate social responsibility initiatives. He served on President Bill Clinton's Trade Policy Committee and on President George W. Bush's National Infrastructure Advisory Council, Transition Team, and Education Committee. As chairman of the Senate Republican High-Tech Task Force, I commend John Doerr and John Chambers for their continuing efforts to keep America's technology industry at the forefront of the global economy. I honor them for their significant contributions to the tech industry. In February of this year, I unveiled my innovation agenda for the 115th Congress and discussed several priorities to strengthen and secure America's place as the global leader in innovation. TechNet shares many of these priorities, including spurring high-tech investment and enhancing America's competitive workforce. Our Nation is in need of workers with training in science, technology, engineering, and math--or STEM disciplines. We need to encourage our rising generation to focus on hard science and quantitative skills and to provide opportunities for Americans already in the workforce to develop expertise in these fields. Enhancing our competitive workforce also means improving the process by which high- skilled individuals in other countries come to the United States to fill crucial positions for which there is a shortage of American labor. As we endeavor to reform our high-skilled immigration system, we need to ensure that this system is not manipulated to undercut domestic wages or displace American workers. We need to reward good actors who use the system as it was intended and close off the ability of bad actors to profit by sending American jobs overseas. TechNet provides our Nation an invaluable service as it continues to champion policies that promote the innovation economy. As a leader on tech and innovation issues here in the Senate, I look forward to working with TechNet and the rest of the tech community to ensure that the United States remains the global technology leader. I congratulate TechNet on its first 20 years and wish the organization the best of luck in its next 20 years.

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Syria (Executive Session)2017-04-07

Mr. HATCH

Mr. HATCH. Madam President, I really appreciate my colleague for his comments. He is one of the great Senators here, and we all pay attention to what he has to say, especially on foreign policy and military affairs, but also on so many other things as well. People ought to be listening to what he is saying with regard to this judgeship. I have great respect for Senator McCain and always will. He is one of the truly great Senators in this body. I just wish my colleagues on the other side would pay a little more attention to what he is having to say here today. So I thank the Senator.

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TRIBUTE TO RICH RIMKUNAS2017-04-04

Mr. HATCH

Mr. HATCH. Mr. President, I am pleased to pay tribute to a fine public servant and an incredible asset to the U.S. Congress. Rich Rimkunas has had a career filled with outstanding achievement at the Congressional Research Service, CSR. After nearly 37 years of service, Rich will be retiring from CRS on Friday, April 28. When Rich joined CRS in 1980, he was an analyst working on a broad array of social policy issues. Initially, he worked on issues like child nutrition, poverty, Social Security, social services for the aged, and unemployment insurance. Rich cocreated and coauthored a widely circulated CRS report on Federal social welfare spending. He was also a coauthor and contributor to several chapters in the House Ways and Means Committee print ``Children in Poverty,'' which provided a detailed look at the incidence and characteristics of child poverty in the United States. Rich ultimately became heavily involved in providing research and analytical support to Congress on many health policy issues, including analyses of aggregate national health expenditures, the Medicare hospital prospective payment system, the Medicare Advantage program, and Medicare catastrophic drug costs. Additionally, he has worked on numerous issues related to Medicaid. He both directed a team of CRS analysts as well as contributed his own analysis to the Medicaid ``Yellow Book,'' a 1988 House Ways and Means Committee print that provided a comprehensive analysis of the Medicaid program as it existed at the time. Rich also managed the 1993 update of the ``Yellow Book.'' Rich's analyses have typically involved quantitative research methodologies, modeling techniques, and the use of complex databases. Rich has excelled at developing approaches for simulating the effects of potential changes to Federal benefits and grant allocation formulas. In addition to the direct impact his research and analytical work has had on Federal policies, Rich has made equally important contributions within CRS in managerial roles. During his tenure at CRS, he has served as section research manager of the methodology section, the research development section, the research development and income support section, and the hea1th insurance and financing section. During his tenure as an SRM, Rich helped manage CRS work on the 1996 welfare reform law and the 2003 overhaul of Medicare in the Medicare Prescription Drug, Improvement, and Modernization Act. Rich helped manage an interdisciplinary team numbering about 3 dozen CRS analysts that provided legislative support during the passage of the Affordable Care Act. Throughout his career, Rich has served as a role model for the highest level of CRS service to Congress, upholding the Service's standards of authoritativeness, objectivity, and confidentiality. He is known within CRS for his attention to detail, methodological strength, and creative approaches toward conducting analyses. His input is sought on a great many research efforts spanning virtually all of the major domestic social policy issue areas that Congress deals with. Rich is renowned for his tremendous work ethic and energizing presence. Those who have worked closely with him appreciate his ability to keep his sense of humor even during the most stressful times. In recent years, Rich has served as the deputy assistant director of CRS's domestic social policy division. In that role, he has mentored and helped develop many of the division's managers, analysts, and research assistants. He has also played a central role in reviewing written work produced by the division, helping to ensure its accuracy, completeness, and quality. Moreover, in his work as a division manager, Rich has served on numerous advisory panels that have recommended organizational practices and policies for CRS, many of which have been adopted. Rich's policy expertise has been broadly recognized. He is regularly sought for his expertise at professional meetings and conferences. He was nominated to the National Academy of Social Insurance in 2002 and has served on the steering committee of the National Health Forum. He has also been recognized with numerous Library of Congress special achievement awards. Rich has devoted nearly his entire distinguished professional career to supporting the work of Congress and to helping build and strengthen CRS and advance its mission. We will miss Rich, but we wish him and his family the best of luck moving forward.

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prayer2017-04-04

Mr. HATCH

Mr. HATCH. Mr. President, I rise today to speak out against the abuse of the Executive authority. Before I do, I want to compliment the distinguished Senator from Alaska for his cogent remarks here today on the floor. He is one of the great new additions to this body, and he ought to be listened to. I personally respect him and appreciate the words he said here today. Antiquities Act Mr. President, I rise today to speak out against the abuse of Executive authority under the Antiquities Act. Over the last two decades, past Presidents have exploited the law in the extreme, using it as a pretext to enact some of the most egregious land grabs in our Nation's history. My home State of Utah has been hit especially hard by this Federal overreach. Time and again, Presidents have abused their power under the Antiquities Act to proclaim massive monument designations--to lock away millions of acres of public land. My State has fallen victim to not one but two catastrophic monument designations. These designations were made unilaterally, without any input whatever from our congressional delegation or even the local Utahans whose lives would be directly affected by such decisions. Rather than advancing the important cause of conservation, these national monuments have come to symbolize Washington at its worst. How did we get here? How did a century-old law, which is intended to give Presidents only limited authority to designate special landmarks, become a blunt instrument for Executive overreach? In answering this question, some background is necessary. In 1906, Congress passed the Antiquities Act, which granted the President limited authority to establish national monuments to protect areas containing ``historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest.'' The Antiquities Act was a well-intentioned response to a serious problem: the looting and destruction of cultural and archaeological sites. When applied as intended, the law has been indispensable in preserving our Nation's rich cultural heritage. But the law has not always been applied as intended; rather, it has been abused, exploited, and distorted beyond all recognition. It has been hijacked by past Presidents not to preserve archaeological features but to satisfy special interests and to advance a radical political agenda--all at the expense of States' rights. By signing their authority under the Antiquities Act, past Presidents have seized millions of acres of public land, violating both the spirit and arguably the letter of the law. We need only look at the history of the Antiquities Act and its enactment to see how far we have come and how far we have strayed off course. As with any law, congressional intent is key. On this point, I would like to refer to the House Congressional Record dated June 5, 1906. When asked how much land would be taken off the market in the Western States by passage of the Antiquities Act, Congressman John Lacey, the bill's lead sponsor, gave a simple response: ``Not very much.'' The bill provides that it shall be the ``smallest area necessary for the care and maintenance of the objects to be preserved.'' ``The smallest area necessary.'' These words are damning in light of recent monument designations which, far from regulating the smallest area necessary, have sought to restrict the largest area possible. I wonder what Congressman Lacey would say today if he could see how his bill has been manipulated for extreme partisan ends. I wonder what he would say if he could see how his legislation has been exploited by past Presidents to lock up entire sections of State land--all without congressional approval. And I wonder what he would say about the two most recent monuments designated in Utah: Bears Ears and the Grand Staircase-Escalante monuments. Together, these two monuments encompass 3.25 million acres--an area roughly the size of the State of Connecticut. To say that Congressman Lacey and his colleagues would be disappointed is an understatement. In passing the Antiquities Act more than 100 years ago, Congress did not intend to cede undo authority to the executive branch, and they certainly did not intend for future Presidents to proclaim the massive land grabs of the recent past. They intended to give Presidents only limited authority to designate special landmarks, such as the unique national arch or the site of old cliff dwellings. Yet today, when it comes to the Antiquities Act, there is a shocking disparity between what Congress intended and what has actually happened. As a case in point, look no further than my home State of Utah, where President Obama's last-minute, lameduck monument designation at Bears Ears is wreaking havoc on the local population. In the parting shot of his Presidency, President Obama defied the entire Utah congressional delegation and the will of his own constituents when he declared the Bears Ears a national monument. With the stroke of a pen, he locked away an astonishing 1.35 million acres--a geographic area larger than the total acreage of all five of Utah's national parks combined. If that is not enough, consider that Utah's second most recent national monument, the Grand Staircase-Escalante, spans 1.9 million acres. That is an area double the size of all of Utah's national parks combined. When President Clinton proclaimed the Grand Staircase- Escalante a national monument more than 20 years ago, I remember standing on this very floor and speaking out then, just as I am speaking out now. My words back then are just as applicable today. I said: While the 1906 Antiquities Act may indeed give the President the literal authority to take this action, it is quite clear to me that in using this authority, he is violating the spirit of U.S. environmental laws. Real damage has been done here. The failure even to consult prior to making this decision should be considered devastating to representative democracy. To this day, the Grand Staircase proclamation remains among the most flagrant abuses of Presidential power I have ever seen. Without so much as a ``by your leave'' from Utahans, this unilateral action cut off access to millions of acres of land, suffocating economic development and uprooting the lives of thousands of Utahans who relied on the region's resources for their very survival. And just like Bears Ears, this designation came with no input from Utah's Governor, the Utah congressional delegation, or even local communities. The Grand Staircase monument designation exemplified Executive overreach of the worst kind. Even Democrats were stunned by this shocking power grab, and many of them conceded to me privately when I was then shouting publicly that the President was never meant to set aside millions of acres through the Antiquities Act. Even the San Francisco Chronicle--by no means a conservative newspaper--panned President Clinton's Grand Staircase proclamation. In 1996, the editorial board stated: The question is whether a decision of such magnitude should be carried out by Executive order. We think not. This may well be a worthy idea, but it deserves a fair hearing. It deserves to go through public deliberations, as slow and messy as democracy may be, to fully air the concerns. That was more than 20 years ago. In the intervening period, nothing has changed. Bears Ears was Grand Staircase all over again. When President Obama declared the Bears Ears a national monument in the twilight hours of his Presidency, he ignored the years of work Utah's congressional delegation had spent fighting to pass legislation to protect the region via a fair and open process. He ignored the State legislature and the Governor. He ignored the stakeholders and even local Utahans who were all working together to find a workable solution. He ignored the best interest of Utah and cast aside the will of the people, all in favor of the top-down unilateral approach meant to satisfy the demands of far-left interest groups. This is Executive hubris at its worst. It was never supposed to be this way. Congress, not the President, is solely responsible under the Constitution for the management of property and land within the Federal domain. Only through passage of the Antiquities Act can Congress grant authority to the President to make limited monument designations. Congress entrusted the executive branch with narrow authority, but the executive branch has violated that trust time and time again. For years, I have fought to check the abuse of Executive power under the Antiquities Act. As far as back as 1997, in the aftermath of the Grand Staircase proclamation, I introduced legislation requiring an act of Congress before the President could establish any national monument of more than 5,000 acres. As early as last year, in anticipation of the eminent Bears Ears debacle, I wrote a bill prohibiting any further extension or establishment of national monuments in Utah without express authorization from Congress. Most recently, I have been working closely with the Trump administration from day one to right the wrongs of previous administrations. Within days of his nomination, I indicated to Secretary Ryan Zinke that undoing the harm caused by the Bears Ears and Grand Staircase monument designations was among my top priorities. In a private meeting in my office, I even told Secretary Zinke that my support for his nomination would depend largely on his commitment to this cause. After gaining assurances from Secretary Zinke that he would work with us in this effort, I was eager to support his confirmation. I probably would have supported it anyway because he is a fine man. But I am really pleased that he agreed with me on the injustices that have occurred in Utah. Just 2 weeks later, I found myself in the Oval Office where I engaged President Trump for over an hour on a wide-ranging discussion that focused specifically on the public lands issue. I have to say that I was amazed at the President's willingness to help. He listened intently as I relayed the fears and frustrations of thousands in our State who have been personally hurt by the Bears Ears and Grand Staircase monument designations. I explained the urgency of addressing these devastating measures. I asked for his help in doing so. I was encouraged that, unlike his predecessor, President Trump actually took the time to listen and understand the heavy toll of such overreaching actions. Our President even assured me that he stands ready to work with us to fix this disaster. More than any of his predecessors, President Trump understands what is at stake here. I was really buoyed up by the conversation with him in the Oval Office. Indeed, in all my years of public service, I have never seen a President so committed to reigning in the Federal Government and so eager to fix the damage done by these overbearing monument designations. We are fortunate now to have the White House at our side in the fight for local control. There are many areas in this country that merit protection. I welcome the opportunity to work with my colleagues to further that cause. But the process to determine how best to protect these areas is equally important. That is why, for decades now, I have vehemently opposed unilateral actions to restrict the use of entire landscapes without even the charade of a public process. Using the Antiquities Act to protect our public lands, we must set a new precedent of collaboration and trust between the States and the Federal Government. I look forward to working with President Trump to establish this new precedent. Mr President. I will turn to another matter of pressing importance, the confirmation of Judge Neil Gorsuch to be a Justice on the U.S. Supreme Court. I have been in a lot of these battles over the years. I have to say, this one bothers me as much as any battle we have had. In early January of this year, the Democratic leader issued a warning to then-President-Elect Donald Trump regarding the President-elect's anticipated selection of a Supreme Court nominee. Even before President Trump took the oath of office, the Democratic leader was already threatening the soon-to-be-President to either pick a ``mainstream and independent'' nominee or the Democrats would oppose the President- elect's choice ``with everything we have.'' Well, President Trump did exactly what the Democratic leader asked when he nominated Judge Neil Gorsuch to the Supreme Court. Not only is Judge Gorsuch a mainstream and independent judge, he is easily one of the finest and most qualified nominees to the High Court that I have seen in all my 40 years in the Senate. His selection was also the result of the most transparent Supreme Court nomination process in American history. President Trump and Hillary Clinton both made the Supreme Court a centerpiece of their campaigns and spoke at length about the type of judge they would appoint to replace Justice Scalia. Candidate Trump even made the novel pledge to nominate someone from a list of judges his campaign released to the public. This gave the American people the opportunity to vet the list and to discuss more generally the proper role of judges in our system of governance. When the American people elected Donald Trump to be our next President, they ratified his list of candidates. When President Trump subsequently selected Neil Gorsuch from that list to be his nominee, he kept his promise to the American people. That is who I expected him to select at that time. Judge Gorsuch's judicial record on the Tenth Circuit paints a clear picture of the judge's judicial temperament and philosophy. Of the more than 2,700 cases Judge Gorsuch has participated in on the Tenth Circuit, 97 percent of them were decided unanimously. Judge Gorsuch voted with the majority on that court 99 percent of the time, even though the majority were Democrats. In the 1 percent of the cases in which Judge Gorsuch dissented, he did so with almost the same frequency, whether the majority opinion was written by a judge nominated by a Republican or a Democrat President. Additionally, Judge Gorsuch has gained bipartisan support, including from President Obama's former Solicitor General, Neal Katyal, a man whom I respect, said that Judge Gorsuch is committed to the rule of law and the judiciary's independence. Judge Gorsuch was described by six former Solicitors General appointed under four different Presidents as, ``highly respected'' and ``admired by his colleagues appointed by Presidents of both parties and law clerks of all political stripes.'' The American Bar Association gave Judge Gorsuch its highest rating of ``well qualified'' to be an Associate Justice on the Supreme Court. I think we can all agree that this is a far cry from the profile of an extreme or activist judge. It is a far cry from that. That needs to be pointed out. I want to know how anyone can, while keeping a straight face, honestly make the case that Judge Gorsuch is anything but mainstream. In reality, quite the opposite is true. Judge Gorsuch is exactly the kind of judge we need on the Supreme Court. He is an impartial, thoughtful man with tremendous judicial experience, a person that you can't help but respect. He has been educated at some of the best schools in the world and has excelled at every stage of his career. He has served with character, courage, and integrity for more than a decade on the Federal bench. It would be hard to even imagine a better, more suitable choice for the Supreme Court than Judge Gorsuch. After seeing the judge sit through several grueling days of confirmation hearings and nearly 20 hours of questioning before the Senate Judiciary Committee, my confidence in Judge Gorsuch has only been solidified. Despite the Democrat's best efforts before and during the hearings to distort his record, he demonstrated time and again that his judicial philosophy is to impartially interpret and apply the law and the Constitution wherever it might take him. Now we are about to witness something unprecedented in the history of our Nation. The partisan minority is going to block a vote on a Supreme Court nominee. In all of the Senate's 228-year history, that has never happened before. Three Supreme Court nominees have faced filibusters in our Nation's history. The first, Abe Fortas, faced a bipartisan filibuster by Senators of both parties concerned about Fortas's questionable ethics background. The second and third, William Rehnquist and Samuel Alito, endured partisan filibusters by Democrats who disagreed with these nominee's judicial philosophies. The filibuster against Fortas succeeded, in part, because Fortas lacked a clear majority support, and, in part, because he was ethically compromised. The filibusters against Rehnquist and Alito, by contrast, failed. Rehnquist and Alito both enjoyed clear majority support and both were confirmed. But that was a different Senate at the time. There was a lot more open mindedness about the qualifications of these judges and their right to sit on the bench. I regret to say that we are likely to add a fourth filibustered Supreme Court nominee, Neil Gorsuch. Like Justices Rehnquist and Alito, Judge Gorsuch enjoys clear majority support. Like Justices Rehnquist and Alito, Judge Gorsuch faces opposition from Senate Democrats who don't like his judicial philosophy. Why, I will never understand. In particular, they object that Judge Gorsuch takes the law as he finds it, rather than trying to bend the law toward liberal social ends. Unlike Justice Rehnquist and Alito, however, Judge Gorsuch is apparently not going to clear the 60-vote threshold for cloture. This is because Senate Democrats, with only a few exceptions, have concluded that no nominee who does not subscribe to their views of hot-button social issues should be allowed to serve on the Supreme Court. Never, never, in the history of this body has the Senate allowed a partisan minority to defeat a Supreme Court nomination for which there is clear majority support. The only successful filibuster of a Supreme Court nominee in our Nation's history was bipartisan, and it involved an ethically compromised nominee, Abe Fortas, who resigned from the bench shortly after his nomination failed rather than face impeachment for serious conflict-of-interest violations. Those circumstances are not even remotely comparable to the situation we face today. The filibuster of Judge Gorsuch, should it go forward, will be entirely partisan. It will have nothing to do with Judge Gorsuch's ethics or character, which are above reproach, and it will occur in the face of clear majority support for the nominee. Senate Democrats' decision to block Judge Gorsuch should come as no surprise to anyone who has been following the confirmation wars for more than the last 5 seconds. My Democratic colleagues will no doubt shout to the hilltops--some of them. There are some that are standing up here too. But they will shout to the hilltops that Republicans are ruining the Senate if we decide to put a stop to their unprecedented obstruction of this nominee. They will no doubt cry that the 60-vote threshold for cloture on Supreme Court nominees is sacrosanct and that by putting an end to Democrats' unprecedented obstruction, Republicans are somehow undermining this institution's ideals. When the American people hear these claims, when they hear Senate Democrats argue that Republicans should respond to their unprecedented obstruction by allowing a nomination with clear majority support to fail, they should recognize these arguments for what they are: hypocrisy. The fact is, we are only in this situation, forced to choose between rewarding Democrat obstructionism and changing the Senate's rules, because of Democrats and the campaign they have waged against qualified judicial nominees for the past 30 years. Every single escalation of the confirmation wars can be laid at the feet of Democrats. This is a simple truth, and nothing my colleagues on the other side of the aisle can say can change it. I speak from experience. I have been here for through all of it. I was here in 1987 when Democrats started the confirmation wars with their disgraceful treatment of Robert Bork, one of the greatest lawyers in the country and a person who was supremely qualified to be on the Supreme Court. I remember vividly the day the late Senator from Massachusetts came to this floor and smeared Judge Bork as a man would somehow turn back the clock to darker days in our Nation's past. I have to say, Senate Democrats twisted Judge Bork's words, misrepresented his record, and in sum, did their best to turn a good and decent man into some sort of a monster. In their scorched-earth campaign against Robert Bork, Senate Democrats sowed seeds of destruction that are coming now to full fruition. Next came Clarence Thomas. My Democratic colleagues learned from their Bork experience that fabrications and misinterpretations can bring down even the most qualified nominee, so they set to work on Judge Thomas. Not satisfied merely with denigrating Judge Thomas's professional qualifications, they set out to destroy him personally as well. I have been in the Senate for 41 years, and never in all my time have I seen a lower moment than the way the Senate Democrats treated Clarence Thomas. No baseless allegation, no lurid lie was too low for my Democratic colleagues' attention. To his great credit, Judge Thomas endured this slander with dignity and respect and was confirmed by a slim 52-to-48 margin. Thankfully, after the Thomas ordeal, we stepped back from the brink. When Bill Clinton became President and had two Supreme Court vacancies early in his term, Senate Republicans did not play tit for tat. Instead, we gave Justices Ginsburg and Breyer fair hearings and confirmed them overwhelmingly. And how did Senate Democrats pay us back for our fair treatment of President Clinton's nominees? They filibustered President George W. Bush's nominees. I have used the word ``unprecedented'' to describe Democrats' expected filibuster of Judge Gorsuch. Well, what the Democrats did to President Bush's judicial nominees was also unprecedented. For the first time in history, Senate Democrats successfully filibustered 10 court of appeals nominees. These were nominees with majority support in this body. These were nominees who would have been confirmed had they gotten an up-or-down vote. I cannot overstate how dramatic a change this was to Senate norms and procedures. For the first time in history, Senate Democrats created an effectual 60-vote threshold for judicial nominees. Remember that Clarence Thomas was confirmed with only 52 votes. Had Senate Democrats filibustered his nomination, it would have been defeated. But they didn't because partisan filibusters of nominees with majority support were simply not in the accepted playbook. What Senate Democrats did during George W. Bush's Presidency changed the Senate forever. Next up was Samuel Alito. Like Chief Justice Rehnquist, Justice Alito faced a partisan filibuster by Senate Democrats. Like Chief Justice Rehnquist, he overcame that filibuster. But what is notable about Justice Alito is he received fewer than 60 votes for confirmation. He overcame the filibuster because 19 Senate Democrats voted to end debate on his nomination even though only 4 ultimately voted for confirmation. Fifteen Senate Democrats chose not to filibuster Justice Alito even though they opposed his nomination because they recognized that filibustering a Supreme Court nominee with clear majority support had no precedent in this body's norms or history. What happened when Barack Obama became President and Republicans had an opportunity for payback? Did they filibuster Sonya Sotomayor and Elena Kagan? Of course not. Indeed, many Republicans voted against Justice Sotomayor and Justice Kagan, but no Republican tried to prevent their nominations from coming to a vote. Once again, Senate Democrats escalated confirmation wars, and Senate Republicans chose not to reciprocate. How did Democrats pay us back for our restraint on Justices Sotomayor and Kagan? They nuked the filibuster for lower court nominees. The irony of this move is really something. It was the Democrats who, 10 years earlier, for the first time in Senate history, began the practice of filibustering courts of appeal judges in an effort to stop President Bush's nominees. When Senate Republicans then had the gall not to roll over for President Obama once the shoe was on the other foot, Democrats simply changed the rules back to what they were in practice 10 years prior. Democrats, that is, raised the effectual confirmation threshold to 60 votes by instigating filibusters to block Republican nominees and then lowered it back down to 50 votes to push through Democratic nominees. They did so after only seven failed cloture votes. The Republicans, by contrast, endured 20 failed cloture votes during President Bush's term and never changed the rules. That brings us to today. Having Borked Judge Bork, smeared Justice Thomas, instigated the filibuster for lower court nominees when it was in their interest, filibustered Justice Alito, and then eliminated the filibuster for lower court nominees when it was in their interest, Senate Democrats now expect Republicans to drop our hands and allow them to block Judge Gorsuch--an unquestionably qualified nominee with broad support from across the legal community and the country as a whole. Enough, Mr. President. Enough. We have let our Democratic colleagues get away with their games for too long. They were for the filibuster before they were against it before they were for it. They were the ones who created an effectual 60-vote threshold for judicial nominees. They were the ones who then undid that threshold to assist their short-term political interests when they were in power. They are the ones who now, for the first time in history, are seeking to block a Supreme Court nominee with clear majority support. To put the matter bluntly, my Republican colleagues and I are fed up with these Democratic Party antics. We will no longer be bound by their games and petty partisanship. We will no longer allow them to dictate the terms of debate in ways that always advantage their side and always disadvantage ours. I regret deeply the point we have arrived at. I am an institutionalist. I love the Senate and what it represents. I love my Democratic colleagues, and they know it. I have been very fair to them through the years, and I continue to be. I value debate, and I honor bipartisanship. But 30 years ago, my Democratic colleagues sent us down this path, and they have done nothing in the years since to turn us from this course. To the contrary, they have only hastened our descent. If Democrats will filibuster a person like Judge Gorsuch, they will filibuster anyone--anyone--who holds to the traditional judicial values Republicans embrace. Neil Gorsuch is as good as they come. If he is not good enough for Democrats, no one will be. Democrats demand that Republicans choose a nominee they would choose if they held the White House, when that has never been the standard for Supreme Court nominees and defies all logic and common sense. They demand the power to veto President Trump's choice even though the Supreme Court was, in all likelihood, the issue that won him the election. And I believe that. And they demand that Republicans keep the rules sacrosanct when they have changed the rules and changed the rules and changed the rules. I am not happy that we are where we are, but I can say without reservation that we are here because of what Democrats have done over the past 30 years to poison the confirmation process. I am about to change the rules if necessary to put Neil Gorsuch on the Supreme Court. I won't be happy about that, but I will do it because Judge Gorsuch deserves confirmation and because I refuse to reward Democrats for 30 years of bad faith in blocking, stalling, and smearing Republican nominees. Enough, Mr. President. Enough. I hope my colleagues will come to their senses and realize that we ought to be working to support people of the quality of Judge Neil Gorsuch. There will come a time when they are going to have nominees before this body--I kind of hope that doesn't happen, but I think it is bound to happen--and when they do, I hope my fellow Republicans won't treat their nominees the way they are treating ours. It is abominable, it is abysmal, it is wrong, and I think it is time for everybody in this country to know that. Mr. President, I used to try cases in Federal court, in Pittsburgh and in Utah. I had tremendous respect for Federal court judges. Mainly the judges in Pittsburgh were all Democrat. The judges in Utah more often were Democrats, some Republicans. But I have got to say that they were good judges, and I was very proud to be able to present my cases in front of them. All I can say is that in all my years of working on the Judiciary Committee, trying cases before I came here, having an AB rating, the highest rating that Martindale-Hubble grants to attorneys for ability in both Pittsburgh and Utah, I have to say that I am very disturbed by the arguments made against Judge Gorsuch, and I have to say that I don't think you can find a better more qualified person to be on the Supreme Court. I suggest the absence of a quorum.

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ISSUES BEFORE THE SENATE2017-03-30

Mr. HATCH

Mr. HATCH. Mr. President, as we approach the end of another week in the Senate with a 2-week recess on the horizon, I think it is a good time to reflect on where we are on various high-profile efforts and to talk about the pathways forward. As is generally the case when any new administration comes into office, the Republican majorities in both the House and Senate began 2017 with an ambitious agenda in order to make good on the promises we have made to the American people over the last several years. Many of the key items on the agenda fall squarely in the jurisdiction of the Senate Finance Committee, which I chair. That being the case, my colleagues on the committee and I have been hard at work, trying to find the right solutions on things like healthcare, tax reform, and trade policy. I don't think I am going to surprise anyone when I say it hasn't been easy. Honestly, I think that might be the biggest understatement of the year. Things have been difficult for a number of reasons. One reason is that we are coming off of a bitter election year, one that shocked a number of our colleagues. After a hotly contested campaign, it can sometimes take a while for things to return to normal. However, I don't think that excuses the tactics and rhetoric we have seen from our friends on the other side of the aisle. In any of these big-ticket policy efforts, whether we are talking about repealing and replacing ObamaCare, fixing the Tax Code, or updating America's trade policy, cooperation between the legislative and the executive branches is key. My Democratic colleagues know this, which, I suppose, is probably the reason they appeared to be bound and determined to prevent any meaningful cooperation from happening. Now don't get me wrong; I don't expect my friends to change their views and back policies that they find disagreeable. However, you would think, at the very least, that they would allow the new President to get his team in place, a courtesy that has typically been extended to past Presidents, regardless of party. Yet over the last few months, we have seen a systematic effort from our Democratic colleagues to smear, attack, and undermine the vast majority of executive branch nominees. In many cases, after the baseless attacks have failed to gain traction, they have used every procedural tool at their disposal, including surprise boycotts of committee markups, in order to slow down the confirmation process. This level of obstruction with regard to nominees is unprecedented. And I think it is safe to say that it has slowed our efforts down somewhat, which, I suppose, is the exact reason our colleagues have taken this path. Still, despite these childish tactics, the teams are coming together, and we are moving forward in a number of key areas. As I said, it still hasn't been easy, but to paraphrase a number of important figures, nothing worth doing is ever easy. For example, on healthcare, I think it is safe to say that the ongoing effort to repeal and replace ObamaCare took a hit last week, but I don't think that has weakened anyone's resolve. ObamaCare is a disaster, and one way or another, it has to go away. The American people are demanding that we take action, and I expect that the volume of those demands is only going to go up. I commend Speaker Ryan for his efforts thus far, and I commend all my colleagues in the House and Senate for their commitment to repealing and replacing the so-called Affordable Care Act. I remain hopeful that in the near future we can find a workable path forward, and that includes my Democratic colleagues as well. On tax reform we have some indications that the Trump administration intends to be more actively engaged in finding and developing a path forward. I have said for years that if we are going to be successful in tax reform--a goal shared by Members of both parties--it is going to take Presidential leadership and cooperation by both parties. While President Obama was generally unwilling to meaningfully engage on tax reform, President Trump and his team appear to be anxious to drive the process, and I welcome that. As with healthcare reform, there are some differences of opinion with regard to tax reform. Still, I think there is a remarkable amount of agreement, at least among Republicans, on the major issues we need to deal with to fix our broken Tax Code. Overall, I would say that the Republicans in the Senate, the House, and the White House agree on about 80 percent of the major tax reform issues, and a number of key and fundamental questions are answered in that 80 percent. For example, we all generally agree on the need for comprehensive reform. We agree on the need to bring down tax rates for businesses and job creators. We agree that we need a simplified rate structure on the individual side. We agree on the need to fix the international tax rules to level the playing field for American companies and encourage more investment in the United States, and we generally agree on key process issues, including the appropriate revenue baselines and the use of macroeconomic analysis in budget scoring. Still, that 20 percent of issues where we don't necessarily agree is not insignificant. We will need to find a consensus path forward on those issues as well. One area where we have yet to reach a consensus-- and the one getting the most attention--is on the proposed border adjustment tax. People have a number of opinions about this, and I have had numerous people in my office on both sides of the issue. As I said, there are a number of opinions on this proposal, and they have been more than willing to express them publicly. As for myself, I am anxious to see what it looks like once our friends in the House put it all together. It is too early for me to express a definitive position now. So at this point, all I will say is that I have some basic questions about the proposal. For example, who will ultimately bear the tax? To what extent will it be borne by consumers, workers, shareholders, and, of course, foreigners? Another question: Is the proposal consistent with our international trade obligations? Finally, since border adjustability will likely be a significant shift in business tax policy, would it require us to make adjustments to ensure that we don't unduly increase the tax burden on specific industries? If so, what adjustments would be necessary, and how would they be structured? I look forward to receiving more details on this proposal. However, here in the Senate, we also have some work to do, and I have been actively working with the members of the Finance Committee to find various solutions to our Nation's tax problems. At the end of the day, I don't think it will surprise anyone to hear me say that I believe we are going to need to have a robust and substantive tax reform process in the Senate. In my view, it is not realistic to think that the Senate will simply take up and pass a House bill without our Members having a significant input on the substance of the bill. That is how the Congress is supposed to operate, and I think that is what will produce the best result in the end. I look forward to continuing to work with my colleagues in the House on tax reform. I also appreciate the willingness of the new Treasury Secretary and the President's National Economic Council to lead on this effort, and I look forward to continuing to work with them as well. I will also say this: My hope is that both parties can find a way to work together on tax reform. While we have procedural tools at our disposal to get tax reform legislation through Congress with strictly Republican votes, I personally believe that it would be better to find a bipartisan path forward. A bipartisan bill would allow us to put in place more lasting reforms and give the overall effort additional credibility. I am sure there are some who think it is impossible for Republicans and Democrats to work together on something of this magnitude, but I have been in the Senate for a long time, and I think my record for bipartisanship speaks for itself. I believe we can and should work together, and I am willing to talk and work with anyone who is willing to set politics aside and engage in good faith on these matters. I have been banging a drum on tax reform for 6 years now, and throughout that time, I have invited my Democratic colleagues to join in this effort. I will do so again today. Hopefully, some of our colleagues on the other side will take me up on this offer. Finally, I want to say a few words about U.S. trade policy. Trade is another area in which President Trump has some ambitious plans and in which, up to now, progress has been hindered. Before I delve into that, let me reiterate a key point. In 2015, Congress outlined its trade priorities with our legislation to renew the trade promotion authority, which was signed into law by President Obama. The TPA statute gives clear guidance as to what a trade agreement should look like if it is going to win Congress's approval. President Trump was fortunate to come into office with TPA already in effect, and I am committed to working with him to enact trade agreements that meet those standards established by the TPA law. When it comes to new trade agreements or revisions to modernize existing trade agreements, that is my top priority as chairman of the Senate committee with jurisdiction over trade policy. Our trade laws are designed to give Congress a voice in both the negotiation and implementation of trade agreements. In addition to priorities and objectives outlined under TPA, there is the Office of the U.S. Trade Representative, which is intended to be the chief intermediary between Congress and, of course, the administration on trade policy matters. In other words, in order for the two branches to effectively work together on trade, the Office of the USTR needs to be fully functional and fully staffed. Unfortunately, up to now, some on the other side have been making unreasonable and wholly unrelated demands in relation to the confirmation of President Trump's nominee to be USTR even though he has support from Members of both parties. This is unfortunate. However, I am working with my colleagues to remove any remaining roadblocks, and I am hoping we can make progress on this very soon. As one can see, we have quite a bit of work to do here in Congress, and I am only talking about a handful of the major issues before us. I am very concerned. There are, of course, many other priorities we need to address and matters we need to resolve. I am hoping that in the coming weeks and months, as we put more distance between us and the 2016 election, more of our colleagues on both sides will be amenable to working together to address these kinds of issues even if it means allowing President Trump to claim some successes. I yield the floor.

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DISAPPROVING A RULE SUBMITTED BY THE DEPARTMENT OF LABOR2017-03-29

Mr. HATCH

Mr. HATCH. Mr. President, I ask unanimous consent that I be permitted to complete my remarks today.

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