Joe Manchin

Mr. MANCHIN

Mr. MANCHIN. We should have been here on Saturday.

Mr. MANCHIN. I will tell you what we were able to do on that. I sent a letter last week immediately to Sonny Perdue, and he answered immediately. We were able to get all of the kids--because we have so many children in West Virginia who rely on their breakfast and their lunch from the schools for nutrition, we are going to be delivering. The school is doing that. The State is taking some steps to shut things down. Schools have been shut down. They have said no more community gatherings whatsoever. They have done all of the things they were told to do. We just don't know where the virus may be, if it is there, and how it is going to affect us.

Mr. MANCHIN. The economics of this whole thing right now is, first of all, we should know who is infected, where the infection is going, and how rampant this will be. We don't know yet. Next of all, who is the most vulnerable economically? The people who work day to day, paycheck to paycheck, and week to week. That is where the relief----

Mr. MANCHIN. Exactly. We have to do some things and do them quickly. And if this thing doesn't come up, we should sit here and protest until it does come up. There is no reason we can't do it tonight.

Mr. MANCHIN. Well, today he recognized it and came forth and basically said today in that press release that I listened to--he basically acknowledged the threat of what we are dealing with and the enormity of what we are dealing with. It was the first time I have heard basically the concern that we have that this thing is bigger than any of us, but all of us together can fight this. But I would ask the majority leader: Mr. Majority Leader, we should have stayed here. Yet we are here now. Let's do it.

Mr. MANCHIN. Let's do it. No blame. No blame. Let's just do it.

Mr. MANCHIN

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. MANCHIN

Mr. MANCHIN. Mr. President, I will be voting to confirm Mr. Danly's nomination to be a member of the Federal Energy Regulatory Commission. I am doing so because I believe he is well qualified for the job. He has been the Commission's general counsel for the past 2\1/2\ years. He understands the complex legal issues that come before the Commission. I voted to report Mr. Danly's nomination, both last November and again last week, on the strength of his qualifications, not on politics. I urge my colleagues to do the same. The position to which Mr. Danly has been nominated is one of five seats on the Federal Energy Regulatory Commission. By law, no more than three of the five seats can be held by one party. Only three of the seats are now filled--two by Republicans and one by a Democrat. The other Democratic seat has been vacant since last August. Traditionally, when both a Republican seat and a Democratic seat have been vacant, past Presidents have sent nominations to fill both at the same time. I am deeply disappointed that this has not happened this time. The politics involved in this town are outrageous. It is truly outrageous that even proper decorum, simple civility, and just a little bit of procedure are not even considered anymore. The White House has had a highly qualified candidate to fill the Democratic seat for over a year, who has been totally vetted and has gone through all the processes that we have, but the President and his staff have still not sent us her nomination. I think they are scared. I hear this because she is a very, very bright, very smart, very articulate, and very intelligent person. She knows the issues, and she is well respected in her field. By breaking the longstanding practice of pairing nominations and not sending us a nomination for the Democratic seat, the administration undermines the bipartisan structure of the Commission. I made a commitment to Mr. Danly that I would support his nomination because he is well qualified, and I will honor that commitment and vote to confirm him. Two wrongs don't make a right here, but this has got to stop. Both sides have to stand up and say: Mr. President, this is a tradition. This is what we do. This is customary of what has been done, and it gives us a five-member FERC, which is extremely important for energy in our country and the reliability that we depend on. But as I told my colleagues on the Energy and Natural Resources Committee, when we voted on Mr. Danly's nomination, I will not support another nominee unless we get both. This has to stop, and I am asking my colleagues on the Republican side to please help us with some kind of structure and some kind of procedure back into the operation. We need to start acting as a Senate and not be guided by the politics--the toxic politics--and this tribal mentality. I want the President to send us the nominations so we can have a fully functioning committee. So with that, I ask all of my colleagues, please, let's vote for the qualifications of the person, not the politics of the person. Also, let's make sure we have a complete, working Commission and not just a partial Commission that is overweighted. With that, I yield the floor.

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

Mr. MANCHIN

Mr. MANCHIN. Mr. President, I rise today in honor of one of my constituents, an American hero, Medal of Honor recipient Herchel Woody Williams and all of the magnificent men who fought and died in the Battle of Iwo Jima on this the 75th anniversary. Iwo Jima was one of the most bloodiest and costly battles of WWII which saved thousands of lives in the future. Mr. Williams is the last Medal of Honor recipient living from that battle of 27 who received this honor.

Mr. MANCHIN

Mr. MANCHIN. Mr. President, I ask unanimous consent for floor privileges for my fellow, Patrick Laird, for the duration of the 116th Congress.

Mr. MANCHIN

Mr. MANCHIN. Mr. President, I rise today to honor a proud West Virginian, a dedicated public servant, a beloved husband, father, grandfather, and a dear friend to all who had the pleasure of knowing him. It is a privilege to recognize the life and legacy of Mayor Harold Howard ``Sonny'' Howell II for his many years of dedicated service to the city of Madison, Boone County, and to our entire home State. Gayle and I are heartbroken to learn of the passing of our dear friend Sonny. My uncle, the late A. James Manchin, and Sonny were the closest of friends. I first met Sonny in the 1970s and he remained an absolute unconditional, lifelong friend. I have met many unique people throughout the years, but nobody compared to Sonny. He was a true example of what it means to be a public servant, having served in the U.S. Army, as justice of the peace, Boone County Circuit clerk, and for many years as mayor of Madison. Born and raised in Madison, Sonny was a member of the Madison United Methodist Church for more than 80 years. He was a 1956 graduate of Scott High School, and he attended West Virginia Wesleyan College, Morris Harvey College, and West Virginia State College. He was a member of the Masonic O'Dell Lodge, Beni Kedem Shrine, Royal Order of the Jesters, Madison Rotary Club, Paul Harris Fellow for Rotary International, Member of the Municipal League, and a recipient of the 35th Star from my uncle A. James Manchin. He and his wife Onia have been the owners of Howell Rental, a family business started by Sonny's father in 1940. There is a lot to be said of someone who bravely serves our Nation, then returns home to continue giving back to the community that made them who they are. When visitors come to West Virginia, I jump at the chance to tell them we have fought in more wars, shed more blood, and lost more lives for the cause of freedom than most any State. We have always done the heavy lifting and never complained. We have mined the coal and forged the steel that built the guns, ships, and factories that have protected and continue to protect our country to this day. I am so deeply proud of what West Virginians have accomplished and what they will continue to accomplish to protect the freedoms we hold dear. That is Sonny's legacy, and his courage, loyalty, and humility will never be forgotten. Put simply, Sonny represented the very best of West Virginia, which is saying quite a lot. In the Mountain State, if you are hungry, you will be fed. If you are lost, someone will not only give you directions but will offer to drive you to your destination. That is just who we are, and that is who Sonny was. We have lost a shining star in Boone County, but his impact, vision, and his passion for this special community will last forever. It was an honor to have known him and to call him my friend. He never met a stranger and always had time to share a story. What is most important is that Sonny lived a full life, surrounded by dear friends and family. It is my hope that his loved ones are able to find peace, strength, and support in one another. I extend my condolences to his wife of 59 years, Onia, his son Kip, his daughter- in-law Deanna, his grandchildren Harry and Meredith, sister-in-law Marilyn, brother-in-law Mike, and a host of nieces and nephews, who lovingly referred to him as Uncle Son. Again, I extend to you my most sincere condolences for our loss of this wonderful person. The unwavering love Sonny had for his family, friends, community, and our home State will live on forever in the hearts of all who knew him.

Mr. MANCHIN

Mr. MANCHIN. Madam President, today we vote to begin the consideration of S. 2657, which will serve as the vehicle for the American Energy Innovation Act. This is truly bipartisan energy policy. This innovative package will be the first comprehensive policy update in 13 years. It brings together the strong bipartisan work of the Energy Committee over the last year. I would like to thank my friend and chairman of the committee, Lisa Murkowski, Republican from Alaska, for her leadership and partnership with me over the last 14 months to process these bills and form the basis of the energy package we will be turning to today. Thanks to the members of the Energy and Natural Resources Committee for their contributions to the development of this legislation. The American Energy Innovation Act draws from 53 bills from Members from both sides of the aisle, and 39 of those were truly a bipartisan effort. And 63 Members of the Senate have either sponsored or cosponsored a piece of this package. It truly is a bipartisan product and one that I believe will benefit this country greatly. So far, we have had over 150 amendments filed, several of which are bipartisan, and there is no controversial issue that I know of. I am hoping that we can work together to incorporate some of those amendments from both sides of the aisle. As it stands, the American Energy Innovation Act will advance the abilities of Department of Energy and the National Laboratories to deliver the much needed technology that American workers can then produce and export across the global marketplace. Not only will it further our ability to reduce greenhouse gas emissions from energy, transportation, industry, and buildings, but it will also enhance our cyber and grid security and maintain our competitive edge and role as a global leader. We talk a lot--all of us do--about global climate, and when you think about global climate, then you think about our responsibility and what we emit into the air. For some reason, most people have been led to believe that power generation--whether it be coal-fired powerplants, natural gas-fired powerplants, or anything that has to do with fossil-- is contributing all of the greenhouse gas emissions in the United States. That is just not true. Let me give you the breakdown. Power generation contributes 27.5 percent of the greenhouse gas emissions. Power generation is how you get your electricity--if it comes from a coal-fired powerplant, gas, or any other type of fossil. Transportation is how we come and go back and forth to work and how we receive our goods. Whether it is going to be by car, by train, by plane, or by trucks, 29 percent of the responsibility for greenhouse gases goes to transportation. The industry is where people work, where they make their living, provide for their family, whether it be in a small factory, a large factory, a small business, or a high-tech business. Industry contributes 22 percent of greenhouse gas emissions. Commercial and residential, which is the building we are in today, which is the beautiful Capitol, and where we live--just the commercial and residential--are 11.5 percent responsible for greenhouse gases. So you have to have an ``all in'' policy. One thing doesn't fit, and we don't have a silver bullet to fix everything. What we have done is this. You take all of those--power generation, transportation, industry, commercial and residential--and that represents 90 percent of all the greenhouse gas emissions. We are approaching--and, basically, this piece of legislation approaches--every one of those to reduce the greenhouse gas emissions. If we all work together and pass this truly bipartisan, far-reaching, all-inclusive bill, it will make a world of difference in how we lead the rest of the world in reducing greenhouse gas emissions. That is what we are trying to do. We do it through innovation. We don't do it through elimination. Elimination is not practical, responsible, or reasonable. The rest of the world will not follow, and, basically, we have to have baseload fuel. It has to be dependable, reliable, and affordable, but it has to be the cleanest in the world. That is what this bill does. There is the other 9 percent. You say: Well, that is 90 percent; where is the other 10 percent? That is in agriculture. That is not in our jurisdiction, but they are working very hard in the Agriculture Committee to reduce their greenhouse gas emissions and their footprint. Everybody is doing their job. I believe this package is well balanced, and many of my colleagues' priorities on both sides of the aisle have been met. This bill represents a critical step in the right direction. I encourage--I truly, sincerely encourage--all of my fellow Members, Democrats and Republicans, to vote yes today on the motion to proceed. Your children will thank us, and your grandchildren and generations after them will definitely thank all of us for doing our job today. I suggest the absence of a quorum.

Mr. MANCHIN

Mr. MANCHIN. Mr. President, before my colleague leaves, I want to thank the Senator from Alaska, my chairman, for all the hard work, because it has been a labor that both of us have worked on together. It is something our country needs very desperately, and it is something that we have been working on for some 12 or 13 years. So the time has come. With that, I am pleased that we are starting the process of turning to the American Energy Innovation Act, which last year Senator Murkowski and I kicked off in the 116th Congress with a hearing on the outlook of energy innovation. Over the course of the last 14 months, we have heard from experts who have come before the committee to testify on the importance of advancing a broad range of technologies. Where we stand today, we have no silver bullet to solve the problems that we face--namely, maintaining our affordable, reliable energy and reducing greenhouse gas emissions, while also making sure that hard-working families and communities are not left behind. It is for this reason that I say we need to innovate, not eliminate. I repeat that--innovate, not eliminate. There is a misconception that all these emissions are coming from just the power industry, just one source. It is all we hear about. It is not true. The facts are these: In 2017, the power sector was responsible for 27.5 percent of U.S. greenhouse gas emissions. The power industry-- coal-fired powerplants and natural gas plants now are determined--was responsible for 27\1/2\ percent. Twenty-nine percent of our emissions come from transportation. How we come to work and what we use in everyday life--29 percent comes from that. Twenty-two percent comes from industry--the jobs that we do, the industries we have that we need, jobs that are provided, and the products they produce. Then 11\1/ 2\ percent was commercial and residential sectors--the buildings we are in, commercial and residential, but basically a lot of government buildings. With that in mind, we focused on an ``all of the above'' approach. We didn't leave any rock unturned. Our bill will help reduce emissions in all of these sectors, except for agriculture. Agriculture represents about 9 percent of the greenhouse gas emissions, and that was not in our jurisdiction. Innovation is a critical step to help us reliably meet tomorrow's energy needs while reducing emissions, not just in our energy sector but also in industry, buildings, and vehicles. We all know greenhouse gas emissions are a global issue, and investing now in these technologies will position the United States as a global leader and maintain our competitive edge. It is time to seek practical solutions to reduce our greenhouse gas emissions and find ways to ensure that our energy sector, the environment, and workers can all benefit. Once we vote to proceed to S. 2657, we will be laying down the American Energy Innovation Act of 2020 as a substitute amendment. This legislation brings together the strong, bipartisan work of our committee over the past year and draws from 53 bills. And I will repeat--39 of those are bipartisan. Once it is enacted, it will provide the first comprehensive Senate energy policy update in 13 years. This bill represents an important downpayment on research and development at the Department of Energy for a range of technologies to reduce greenhouse gas emissions. In fact, it would advance innovative technologies that can help us reduce emissions across sectors of the economy that account for 90 percent of current U.S. greenhouse gas emissions. This piece of legislation will put us on the path to reduce 90 percent of the current greenhouse gas emissions. That includes energy storage, renewable energy, energy efficiency, carbon capture, advanced nuclear, vehicles, and provisions to help get those technologies out of DOE and into the market. As I have said before, there is no silver bullet, and this bill alone will not solve climate change, but it is critical. It is a critical step in the right direction, not just here in the United States but also for the rest of the world. I am going to take a few minutes to touch on a few of these now. Let me start with our existing zero-carbon, baseload generation, nuclear. Unfortunately, the U.S. nuclear industry has been losing ground to international competitors, especially those with state-funded nuclear programs like China and Russia. That is why I worked with Senator Murkowski to create a robust R&D program that will develop new technologies to not only usher in a new era of nuclear but also reduce the operating costs of the current nuclear fleet that will be required to operate into the middle of this century if we as a nation are to meet our emission-reduction objectives. We also included my EFFECT Act, which invests in research and development and, just as importantly, demonstration and deployment for each aspect of carbon capture, utilization, and storage. This includes coal and natural gas technologies, utilization, storage, and even atmospheric CO2 removal. Fossil fuels are projected to continue to be a significant source of electric generation in the near future, not just here in the United States but around the world. We need to get ahead of the curve and invest in the technologies that will allow us to continue using them but in the cleanest way possible so we are reducing greenhouse gas emissions. We also included provisions to target industrial emissions that are particularly hard to get to with existing technologies. With all of this, we need to continue to create quality jobs in this transitioning energy landscape. All of these provisions will protect and create jobs while addressing carbon emissions--a win-win for communities in West Virginia and rural communities across this country. The American Energy Innovation Act also covers a lot of territory when it comes to renewable energy, from the skies and hilltops to the rivers and oceans. The bill includes incentives for small hydropower facilities and an expansion of the Department of Energy's work on marine renewable energy. It also tackles expanding geothermal energy beyond the Western States. Lastly, the energy package reauthorizes two incredibly successful programs at DOE that have already helped transform our energy landscape in large and small ways; that is, wind and solar technologies. The bill focuses these programs on new materials, enhanced efficiency in design and operation, and their full life cycle from manufacturing to recycling. I want to make sure these clean energy technologies are aiding the grid and the communities that need distributed or microgrid connections to them from Alaska to Puerto Rico. Of course, storage is a key enabling technology for a low-carbon, modern grid that will help us achieve our emission reductions and address climate change all while keeping energy reliable and affordable. Our bill builds on DOE's existing energy storage R&D efforts but with additional focus on advancing long-duration energy storage technologies and with a fivefold increase in authorizations from current levels. The bill will also help to shore up our supply chain of critical minerals because we are currently depending on imports from other countries--namely China--for many of the mineral commodities required to manufacture everyday items like our phones, security assets like satellites, and emissions-reducing technology like electric vehicles and wind turbines. It is important to strike the right balance between supply chain concerns and environmental stewardship, and I appreciate Senator Murkowski working with me to remove a provision that was concerning to some in our caucus and outside groups. Of course, the energy package also has a robust energy efficiency title that would promote efficiency in commercial and public buildings, homes, industry, and the Federal Government. Energy efficiency really is the low-hanging fruit, and 40 percent of the Nation's energy is consumed in buildings. I will repeat that again--40 percent of the Nation's energy is consumed in buildings. The Department of Energy estimates that efficiency improvements can save U.S. consumers and businesses 741,000 gigawatt hours of electricity between 2016 and 2035, which is equal to 16 percent of electricity use in 2035. We can reduce the amount of demand by 16 percent while not deterring quality of life. Multiple studies have shown that energy efficiency is cheaper than investing in any other type of new generation. It is truly the cheapest kilowatt. It is also readily available. There are lots of opportunities to improve efficiencies in buildings, industry, and transportation. These investments in policy changes can and will have a real, positive impact on the lives of everyday Americans while saving both energy and money. I call that a win-win, which we don't have many of. I hope we have the opportunity to vote on an amendment to add voluntary building codes back into the efficiency title of this bill, both to help consumers save on energy bills and to really advance carbon savings. Finally, the electric grid is undergoing a rapid transformation. It is becoming more complex, more flexible, and more diverse in terms of energy resources. That means we have to continue focusing on shoring up our vulnerabilities and anticipating future weaknesses in the ever- changing environment. Our bill supports investments in programs that are of vital importance to securing and protecting our critical energy infrastructure. As I said before, this bill represents a critical step in the right direction. I believe this package is well balanced with many of my colleagues' priorities on both sides of the aisle. It is truly a bipartisan bill. It represents a true effort. I thank Chairman Murkowski and the other members of the Energy and Natural Resources Committee for their work over the last 14 months to provide the basis of this package. I encourage my fellow Members to vote yes today, and I look forward to working with you this week on this important piece of legislation. I suggest the absence of a quorum.

Mr. MANCHIN

Mr. MANCHIN. Mr. President, it is a great privilege of mine to rise and honor the legacy of one of the most influential, generous, and inspiring West Virginians I have ever had the pleasure of calling a dear friend: William Gaston Caperton IIII. My friend Gaston turns 80 years young on February 21, 2020, and it is an honor to celebrate his legacy with my fellow West Virginians. It would be difficult to find anyone as knowledgeable or dedicated to our home State as Gaston. The son of Eliza and William Gaston Caperton, Jr., Gaston was born and raised with his sister, Cary, in our home State's capital, Charleston. I have always said there is no greater accomplishment in the world than to be in a position to give back to the community you love, that made you who you are. That is what made Gaston the wonderful, inspiring, and generous person he was. After attending Episcopal High School in Alexandria, VA, and the University of North Carolina at Chapel Hill, Gaston returned home to join the family business. Under his leadership, the McDonough-Caperton Insurance Group became the 10th largest privately owned insurance brokerage firm in the United States. Along the way, he owned and operated a bank and a mortgage company. The people of the home State that Gaston and I share have an exceptional can-do spirit, a neighborly love that is unrelenting, and are grounded by the same core principle: to help others be the best they can be. That is Gaston's legacy as a public servant and as a leader. After a successful business career in finance and insurance, Gaston was elected as West Virginia's 31st Governor in 1988 and quickly revolutionized West Virginia's education system. During the 8 years of his administration, the average teacher salary went from 49th in the Nation to 31st. He launched one of the country's earliest and most comprehensive basic skills computer initiatives, as well as invested more than $800 million into building, modernizing, and improving school facilities throughout the State. He also conducted an aggressive program of international trade missions to promote the export of West Virginia products. Gaston's focus on investing in the future paid off, adding almost 90,000 jobs between 1989 and 1997, lowering the unemployment rate to its lowest level in 17 years, and increasing total investment by new and expanded businesses by more than $3.9 billion. Throughout the years, we bonded over our passion for public service, for inspiring the next generation of leaders, and we share the common goal of helping the rest of the country discover all that West Virginia has to offer. Gaston left office in 1997 and spent 2 years teaching at Harvard and Columbia Universities before becoming the eighth president of the College Board in 1999. As president, he helped transform the century-old institution into a mission-driven, student-first operation promoting college success and opportunity for all Americans. During his 13 years of leadership, the College Board touched the lives of students in nearly 27,000 high schools and colleges, promoted the importance of writing by adding a writing section to the SAT. and doubled the number of students succeeding in Advanced Placement. Gaston's leadership also renewed the organization's focus on education in a globalized marketplace by initiating a new series of AP world language and culture course, as well as embarking on a historic education exchange program with China. During his more than 20 years in government and education, Gaston chaired the Democratic Governor's Association and the Southern Regional Education Board, participated in the executive committee of the National Governors Association, received 10 honorary doctoral degrees, and has been presented with numerous awards, including the 1996 Computerworld Smithsonian Award for his tireless efforts to introduce technology into the classroom, the 2007 James Bryant Conant Award for his significant contributions to the quality of education in the United States and the 2012 Policy Maker of the Year by the National Association of School Boards of Education. After retiring from the College Board in 2012, Gaston moved back to his hometown and served on the board of directors of a variety of U.S. corporations. He has two sons, Gat and John, and is the proud grandfather of Eliza, Katie, Evie, Ella, and Genavieve. I can't speak enough to what a good-hearted, wonderful person he truly is. I always think of Gaston as true renaissance man; no matter the circumstances, he kept a cool head and a warm demeanor, always able to discern the most honorable path forward. He has always been one of West Virginia's most proud representatives, no matter where life has taken him. Again, it is a privilege to join the people of the Mountain State in celebrating Gaston Caperton's life and legacy and to wish him a very happy 80th birthday.

Mr. MANCHIN

Mr. MANCHIN. Madam President, it is my distinct honor to recognize a beloved member of my hometown of Farmington, WV, as well as a very dear lifelong friend to me and my family: Alice Priester, who celebrated her 100th birthday on February 2, 2020. Particularly what comes to mind when I think of Alice is our bond with the coal miners of our great State. She and I have both lost loved ones to accidents in the coal mines. Every day, as I fight for these brave souls who perform this dangerous work, I am also thinking of the family members like Alice, who also depend on safety standards, fair wages, and precautions. She and her late husband Paul have one son, Fred, who is also involved in the coal industry. I carry this heritage with me no matter where I am but especially when I am in Washington. The women in my life who raised me are the most important people in the world to me. Even those not related by blood are considered as good as family in tight-knit communities like Farmington, and Alice is an inspiration to me and so many others. Having defeated cancer twice, Alice is one of the strongest, most inspirational people I have ever had the pleasure of calling a dear friend. When she is not cheering on the WVU Mountaineers, Alice is very involved with our church, helping with funeral dinners and driving her neighbors and friends to town and church functions. She also has had a history of involvement with the volunteer fire department and fundraising, and she treats her neighbors as family. From her days working at the local mine's company store to her retirement from the dining hall at Fairmont State University, Alice has showcased an unparalleled work ethic and zest for life that truly represents the very best of what it means to be a West Virginian. Alice while you weren't born here, you certainly are a West Virginian in your heart and soul. In West Virginia, if you are hungry, you will be fed. If you are lost, someone will not only give you directions but will offer to drive you to your destination. I am so deeply proud of the people of my home State and the values that make us stand out from the rest of the Nation. Gayle and I are so deeply appreciative of your very dear friendship, your generosity to the Farmington community, and your warm, welcoming hospitality. Alice, as your family and friends honor you, please know that you have provided so much happiness and wisdom to the lives of those around you throughout the years. It is my wish that the memory of your special 100th birthday remains with you just as your guidance and influence will remain in all the lives you have touched. Again, it is with the greatest admiration that I send to you my best wishes.

Mr. MANCHIN

Mr. MANCHIN. Madam President, I ask unanimous consent to make remarks today, if I may, until I conclude.

Mr. MANCHIN. Madam President, I rise today to speak on the impeachment trial of President Donald John Trump. I know this was not a difficult decision for many of my friends and colleagues on both sides of the aisle, but it is one that has weighed heavily on me. Voting whether or not to remove a sitting President is no easy decision, and it shouldn't be, as the consequences for our Nation are severe. As a moderate, centrist Democrat from West Virginia with one of the most bipartisan voting records in the Senate, I have approached every vote I have cast in this body with an open mind and pride myself in working across the aisle to bring my Republican and Democratic friends together to do what is best for our country. Where I come from, party politics is more often overruled by just plain old common sense, and I have never, in over 35 years of public service, approached an issue with premeditated thoughts that my Republican friends are always wrong and my Democratic friends are always right. Since the people of West Virginia sent me here in 2010, I have never forgotten the oath I took to defend the Constitution and faithfully discharge the duties of the office of which I am honored to hold. It is by the Constitution that we sit here today as a court for the trial of impeachments. It is the Constitution that gives us what Hamilton called the ``awful discretion'' to remove the President from office. At the start of this trial, my colleagues and I took an oath swearing--swearing--to do impartial justice. I have taken this oath very seriously throughout this process, and I would like to think my colleagues have done the same, because, as the House managers and our former colleague Republican Senator John Warner from Virginia said: It is not just the President who is on trial here but the Senate itself. The Framers of the Constitution chose the Senate for this grave task because, according to Hamilton, they expected Senators to be able to ``preserve, unawed and uninfluenced, the necessary impartiality'' to discharge this awesome responsibility fairly, without flinching. The Framers knew this would not be easy, but that is why they gave the job to us, the Senators. They believed the Senate was more likely to be impartial and independent, less influenced by political passion, less likely to betray our oaths, and more certain to vote on facts and evidence. This process should be based simply on our love and commitment to our country, not the relationship any of us might have with this President. I have always wanted this President and every President to succeed, no matter what their party affiliation, but I deeply love our country and must do what is best for the Nation. The Constitution refers to impeachment ``trials'' and says the Senate must ``try'' impeachments. The Framers chose their words carefully. They knew what a trial was and what it meant to try a case. By using the term ``standards of judicial fact finding,'' it calls on us to do what courts do every day and receive relevant evidence and examine witnesses. Sadly, the Senate has failed to meet its constitutional obligation, set forth by the Framers, to hold a fair trial and do impartial justice, and we have done so in the worse way, by letting tribal politics rule the day. I supported President Trump's calls for a fair trial in the Senate, which he suggested himself would include witnesses. But instead this body was shortchanged, with a majority of my Republican colleagues, led by the majority leader, voting to move forward without relevant witnesses and evidence necessary for a fair trial, as our Framers intended. History will judge the Senate harshly for failing in its constitutional duty to ``try'' this case and do impartial justice, to defend the Constitution, and to protect our democracy. Sadly, this is the legacy we leave to our children and grandchildren. Removing a President from the office to which the people have elected him is a grave step to take, but the Framers gave the Senate this solemn responsibility to protect the Constitution and the people of this Nation. Over the duration of this trial, I have listened carefully as both the House managers and the White House Counsel make their case for and against the Articles of Impeachment. I commend both sides for their great and grueling work in defending their respective positions. The House managers have presented a strong case, with an overwhelming display of evidence that shows what the President did was wrong. The President asked a foreign government to intervene in our upcoming election and to harm a domestic political rival. He delayed much needed security aid to Ukraine to pressure newly elected President Zelensky to do him a favor, and he defied lawful subpoenas from the House of Representatives. However, the President's counsel, too, defended their actions by laying out their case of the President's actions. They pointed to the unclassified transcript of President Trump's July 25 call with newly elected Ukrainian President Zelensky to make the argument that Trump discussed burden-sharing with other European countries and a mutual interest in rooting out corruption. They presented their views that the President was not given due process in the House of Representatives and highlighted the expedited nature of the House's proceedings. Finally, they argued: If a President does something which he believes will help him get elected and reelected in the public interest, that cannot be the kind of quid pro quo that results in impeachment. Over the long days and nights of this trial, I have listened to both sides present their case and answer our questions. I remain undecided on how I will vote, but these points I believe to be true. First, it was not a ``perfect'' call. A newly elected President Zelensky, with no experience in international politics, gets a call from the leader of the free world asking for a favor related to U.S. domestic political affairs. No one--no one--regardless of political party, should think what he did was right. It was just simply wrong. Pressuring a NATO ally who is actively fighting off Russian aggression in his country is wrong. President Zelensky, or anyone else, should never feel beholden to the superpower of the world for a ``favor'' before they can receive military aid. It is not who we are as a country. We stand shoulder to shoulder with our allies and never, ever condition our support of democracy for a political favor. Of all of the arguments we have heard from the House managers and White House Counsel during the long days and nights we have sat here, the most dangerous and the most troubling to me is the false claim that the President can do no wrong, that he is above the law, and if it is good for the reelection of the President, then, it is good for our country. That is simply preposterous. That is not who we are as Americans. That is not how I was raised in the small coal mining town of Farmington, WV. Where I was raised, no one believed they were better than anyone else and could act with total disregard for the well-being of their neighbor if it was for their best interest. That is not why, over 230 years ago, the founding generation rebelled against a King and refused to crown a new one in this Republic. So let me be clear. No one, not even the President, is above the law. Finally, the purpose of impeachment is not to punish the President but to protect the public. The ultimate question is not whether the President's conduct warrants his removal from office but whether our Nation is better served by his removal by the Senate now with impeachment or by the decision the voters will make in November. As Hamilton warned us, impeachments ``seldom fail to agitate the passions of the whole community.'' They divide us on party lines and inflame our animosities. Never before in the history of our Republic has there been a purely partisan impeachment vote of a President. Removing this President at this time would not only further divide our deeply divided Nation but also further poison our already toxic political atmosphere. In weighing these thoughts, and of all of the arguments brought forward in the case, I must be realistic. I see no path to the 67 votes required to impeach President Trump and haven't since this trial started. However, I do believe a bipartisan majority of this body would vote to censure President Trump for his actions in this manner. Censure would allow this body to unite across party lines and as an equal branch of government to formally denounce the President's actions and hold him accountable. His behavior cannot go unchecked by the Senate, and censure would allow a bipartisan statement condemning his unacceptable behavior in the strongest terms. History will judge the Senate for how we have handled this solemn constitutional duty, and without bipartisan action, the fears of the great Senator Byrd will come true. As he said during the Clinton impeachment, the Senate will ``sink further into the mire'' because of this partisanship. ``There will be no winners on this vote,'' Byrd said. ``Each Senator has not only taken a solemn oath to support and defend the Constitution, but also do `impartial justice,' '' to help the Nation, ``so help me God . . . . . That oath does not say anything about political party; politics should have nothing to do with it.'' I am truly struggling with this decision and will come to a conclusion reluctantly, as voting whether or not to remove a sitting President is the most consequential decision that I or any U.S. Senator will ever face. But regardless of my decision, and in the absence of 67 votes, I am reminded again of the words of Senator Byrd: The House and Senate-- Republicans and Democrats--and the President ``must come together to heal the open wounds, bind up the damaged trust, and, by our example, again unite our people.'' ``For the common good, we must now put aside the bitterness that has infected our Nation . . . . We [must] begin by putting behind us the distrust and bitterness caused by this sorry episode, and search for common ground instead of shoring up the divisions that have eroded decency and good will and dimmed our collected vision.'' It is not the legacy of the individual Senators we should be concerned about, but it is the legacy of this great institution, the U.S. Senate, that we leave for generations to come. I thank you, and I ask the good Lord to continue to bless this great country of ours during this trying time. Thank you, Madam President.

Mr. MANCHIN

Mr. MANCHIN. Mr. Chief Justice, I send a question to the desk on behalf of myself, Senator Gillibrand, and Senator Schatz to the President's counsel and the House managers.

Mr. MANCHIN. Mr. Chief Justice, I send a question to the desk on behalf of myself for the President's counsel and House managers.

Mr. MANCHIN

Mr. MANCHIN. Mr. Chief Justice, I send a question to the desk for both the President's counsel and the House managers.

Mr. MANCHIN

Mr. MANCHIN. Mr. President, I ask for yeas and nays.

Mr. MANCHIN

Mr. MANCHIN. Mr. President, I rise today to talk about something very rare in Congress these days. On Monday--on Monday, after 4 long years of working hard through many uncertainties, Congress came together-- Democrats and Republicans--to secure healthcare and pensions for our Nation's coal miners. We did our job. This confirms to me that we can do so much more. This is so important. It was the coal miners of America who made us look beyond politics. These were hard-working people. They weren't Democrats or Republicans; they were hard-working Americans who built America. I want to give my sincere thanks to all of my colleagues for putting partisan politics aside and for rising above the divisiveness and tribalism in order to keep the promise that was made in 1946. Over 70 years ago, President Harry Truman recognized the importance of the workers who produced the coal for this country. After World War II, we had to keep this economy moving, we had to keep it churning, and we couldn't do it without the energy. Coal was basically the driver of this at that time, and there was a promise that the government would guarantee our brave coal miners benefits in return for their services. This agreement was a sacred promise between workers and our country, and it captured the very best of our American values. This week, we kept the promise by including the Bipartisan American Miners Act in the end-of-the-year funding bill. We kept our promise to 13,000 retired coal miners and their families who will not lose their healthcare by the end of the year. We kept our promise to the 92,000 coal miners and their families who will not see their pensions drastically reduced starting next year. Coal miners are the most patriotic people in America. They have done the heavy lifting. They have done everything that has been asked of them by this country. They provided the energy that made us the greatest country on Earth and the superpower--the only superpower in the world today. Because of what they have done for our country, we have won two World Wars. We have built iconic American cities, and we have a strong middle class. They continue to provide the resources that make us the energy leader of the world, all while advancing the American dream. The journey has not been short, and it sure hasn't been easy. In 2015, we knew the United Mineworkers of America's 1974 pension plan was severely underfunded. Unlike other public and private pension plans, the 1974 pension plan was well managed and funded prior to the crash in 2008--the economic financial crisis we had--which hit at a time when the plan was being drawn down more than ever because more people were retiring. The mining of coal, with the new automation, was being replaced, and a lot of miners were retiring out of it. This was coupled with the fact that many of the beneficiaries are often retirees whose employers are no longer in the coal business--companies would shut down. In fact, there are only 10,000 active workers for 120,000 retirees. It doesn't take a mathematician to figure out that this is not going to work. It placed the plan on the road to insolvency, and that was what started the collapse. If the plan became insolvent, these coal miners would have had their pensions cut, and the government Pension Benefit Guaranty Corporation would have had to step in and assume billions of dollars in liabilities. That would have started a tumbling effect on all of our privately insured and private pension plans. That is what we were trying to prevent from happening. That is why I wrote the Miners Protection Act and introduced it with my fellow Senator from West Virginia, Shelley Moore Capito, and Senators Bob Casey and Sherrod Brown. It was bipartisan from day one. I was told to go through the regular order, which I did. In March of 2016, Cecil Roberts, the President of the UMWA, testified in front of the Senate Finance Committee, and the Miners Protection Act was passed out of the Finance Committee in September with strong bipartisan support and the chairman of the majority. A month later, 16,300 retired coal miners and their widows received notices that their healthcare would be terminated by the end of that year. I knew--I knew we could not let Congress leave for Christmas without fixing it. This is a tactic that I haven't used. It is one of the rules and one of the privileges as a U.S. Senator that each one of us has. In December of 2016, at that time, I said I will shut down the government. I will make us go through the process and stay here as long as it will take to get this taken care of. I wanted to make sure that not one coal miner would lose their healthcare. Mitch McConnell would agree to nothing more than a 4-month extension on healthcare at that time. So 16,300 coal miners would have been forced to sit through the holidays and another 4 months of uncertainty, not knowing when it was going to come to an end. You talk about cruel and unusual punishment--that was it. Things started to look up, though. In January of 2017, I received assurances from then-President-elect Donald Trump that he was committed to finding a fix, but by March, 22,600 coal miners received letters telling them their healthcare would be terminated by the end of April. By the end of April, it would be gone. In typical fashion, Congress waited until the very last minute, but on May 1, we secured a permanent healthcare fix for 22,600 retired coal miners and their families. Although this was a huge win, we still needed to fulfill other obligations and secure the miners' pension because it was in dire need, and it was in jeopardy of being cut drastically. Now I was more determined than ever. I turned around and immediately introduced the America Miners Protection Act with Senator Capito, Congressman McKinley, and Congressman Welch to secure pensions for 92,000 coal miners. Now it was not only bipartisan; it was bicameral. In February of 2018, I was appointed to the bipartisan, bicameral Joint Select Committee. I had the task of solving the country's pension crisis, including our coal miners, with all of our other pensioners in our Central States who are in dire need of our help too. The United Mine Workers pension fund was the first fund in jeopardy. So I made it very clear during that--I said: If this starts tumbling, if this goes down, we will have to count on the PBGC, which basically is Federal Government funded, and if that happens, we are going to put that in insolvency. Then everything starts tumbling at a much faster rate, and it would be an absolute financial calamity for this country. Things came to a head in October of this year. Murray Energy declared bankruptcy just this October. The largest coal producer we have for union workers was the Murray coal company. They declared bankruptcy. Basically, that significantly sped up the deadline for pensions and truly put us in a debt spiral. Instead of going insolvent in 2022, which is what was predicted, the UMWA pension fund would now expedite--speed up to insolvency by 2020, next year. Not only that, but in between the time of securing healthcare and now three coal companies had gone bankrupt, putting another 13,000 more coal miners in jeopardy of losing their healthcare, 1,000 would have lost theirs at the end of this month and another 12,000 at the end of March. This bankruptcy, in particular, got the attention of many of my colleagues. I appreciate all of you so much, knowing how difficult this was going to be on so many people and their families. It was a call to action for Congress to step up to the plate and honor the promises made to our miners. In 1946, that was the only pension system in America that had the silver approval of Congress and the President of the United States--the only one. In November, I was proud to partner with a bipartisan group of my colleagues again, including the majority leader this time, which I am so appreciative of. It is an act that would introduce the Bipartisan American Miners Act that would secure pensions for 92,000 coal miners and their families and 13,000 coal miners and their families who would get healthcare. Even though that was good news, we still weren't over the finish line. On December 11, for the first time since I have been here--9 years--I put a hold on all Senate legislation. I said there is no way I am going to go home or anyone else is going to go home and enjoy Christmas with their family and New Year's when you have this many people in dire straits in jeopardy--people who built America. If we can't stand up for them, whom do we stand up for? So I said: This is what we are going to do. I was very clear. I telegraphed it by December 11. There were no surprises. After many negotiations with the House of Representatives and the White House, we finally secured a permanent fix in the spending deal, ensuring retired coal miners will not lose their healthcare or pensions. Throughout all of these years, thousands of retired coal miners from all across the country have come to Congress. I know you have seen them walking around. They have their shirts on, their proud green shirts, if they are working. They are walking the halls, meeting with every person in Congress they possibly can to tell their stories and meeting with every Member. The reason for that is, these are people who have truly given their heart and soul, their blood, and their sweat to this country, and they are just saying: This is something we negotiated. We didn't take the money home. We basically invested this money into our pension and our healthcare, and now because of a bankruptcy loophole, we are the last in line, and we lose everything. Something is wrong. It is not who we are as Americans. So we worked through all of this. They walked the halls tirelessly, fighting for what they earned, for what they paid for, and truly for what they deserved. This would have never happened without their relentless dedication. I have said this. They dedicated themselves religiously, for almost 4 years, day in and day out, coming here--coming here at their expense. It has been the honor of my life to fight alongside them. I can't be more proud of anything I have been able to do in public service than to stand shoulder to shoulder with the people who have made America great. I feel so honored to have had that opportunity. I thank all of my colleagues, current and former Members of this body, who have stood with them throughout the years, even when the going got extremely tough. I ask unanimous consent to have printed in the Record a list of all of those who have cosponsored these bills.

Mr. MANCHIN. Mr. President, they have all recognized, just like President Truman, that our country would not be where it is today without them and that we needed to get this done--and we did. I want to give you a little bit of a background and history of why this is so near and dear to me. My grandfather came to this country--this wonderful country, the United States of America--in 1900 as a baby. He started working in the coal mines at 9 years of age. So he was able to get a fourth grade education before he had to go help support his family. In 1927, he and my grandmother had four children, and my grandmother was pregnant with my uncle. So she would have had four and three- fourths of a child at that time. My grandfather would always tell me: Joey, we couldn't pay the bills at the end of the month. He said: I never did see any money because it was all script, and it went to the company house or the company store. So the old song lyrics, ``I owe my soul to the company store''--he truly did. He just said: We can't make it. He would go out, and he would tell people: We have to do better than this. We have no healthcare. We have nothing to look forward to and we can't pay our bills and we are working 6 days like dogs. He had a mule. Poppa had a mule; he had a buggy; and he had a carbide light. He would go in and have to do everything. He would have to, as he would say--he loved to say: Fire in the hole. He would always tell me that. Basically, what he meant by that is, he would have to go back into the mine. He would have to get a block of coal he was assigned to, and he would have to drill it. He would have to tamp it and put the dynamite in it, and he would pack it. Then he had to go back, and he would fire it. Then everything would blast away, and he had to get all the coal and load it by hand. This is what he did from 9 years of age. He was trying to improve the quality of life for all coal miners. He said: This is not right. Well, he fought for those rights of coal miners. It is engrained in my family history. The rest of the story is, in 1927--with those four children and being pregnant with Uncle Jimmy, because he was talking about improving the quality of life for the people who did this unbelievable work for this great country, at a time when this country needed it, and the industrial age was coming--on Christmas Eve, they came to the company house where he lived and rented, took all of their furniture and threw it in the middle of the street. They threw them out because they said he was an organizer. Papa was a survivor. He was just trying to survive, and he wanted other people to have the same quality of opportunity to survive. I know this is ingrained in me. Let me just tell you, when you saw these miners and you saw the fight they had in them, that is why. There is still more that we have to do. We have to do much more. If you want to stop this from continuing and repeating itself in so many different professions, we have to change the bankruptcy laws in America. We cannot allow the bankruptcy laws in this country that put hard-working people--that take money out of the paychecks of hard- working people and let people from Wall Street come in and take over-- through hedge funds or whatever they do--and rob them and put them at the back of the line. Every working person in America who pays in out of their paychecks and their sweat and their blood and their hard work should be at the front of the line getting equal treatment, not just the financial institutions. That is why I am asking in a bipartisan way that we make sure we protect the people who continue to make this country go and make this economy turn. We can do that in this body and nowhere else. In January, when we get back from recess, I will be working with my colleagues to move this legislation through Congress because if we cannot continue to stand for American workers ahead of the almighty dollar and Wall Street greed, what in the world are we here for? What is our purpose? How do you go home and look at people? ``So sorry you lost everything. I wish we could do more.'' Well, we can do more. We just showed them we can do more for the miners. Let's make sure every working person is protected. I have always said that we must set our priorities based on our values. If you can't set your priorities based on your values, you better check the box in the morning before you go to work. We have done that with the fight for our coal miners, and we will continue to do that for all American workers. By working together across party lines since 2016, we have been able to secure lifetime healthcare benefits for 36,000 coal miners and their families. We have also secured pensions for 92,000 miners and their families. Most of these pensions are going to widows. Their husbands have passed away. Do you know what the average pension for a coal miner's widow is today? It is less than $600. She doesn't have a portfolio. She doesn't have investments in the stock market. She has Social Security and that $590 pension, and they want to take that away. That is what we fought for. That is why every one of us should be proud, Democrats and Republicans. We did our job because we stood here as Americans. We stood here representing America, not representing our parties and our tribal interests and not condemning each other. We did this working together, and we can continue to do a lot more. Again, I thank all of my colleagues. I thank Cecil Roberts, president of the United Mine Workers, for being shoulder to shoulder all the way with us. I thank all the coal miners and their families, my colleagues in the House and the Senate, and President Trump for coming together to keep the promise that we have all made and that we should continue to make and keep. I thank you all very much from the bottom of my heart. Merry Christmas to all, and to all, a good night. This has been very emotional, as you can tell. I know what this place can do. I have been here long enough that I have heard enough. When I was Governor of the State and Bob Burr was sitting in his seat over there, I saw the good that came from him. It was basically all of us. Everybody in here has good in them or they wouldn't be here. Everybody came here for the right reason or they wouldn't have gotten here. This is not an easy place to get to, and by golly, when we get here, we try to do the right thing, and we did it. I can go home and you can go home, and we can be proud of what we did here. We finally did the job we were asked to do, and I want to continue doing that with you. I yield the floor.

Mr. MANCHIN

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