September 9, 2019 - Issue: Vol. 165, No. 143 — Daily Edition116th Congress (2019 - 2020) - 1st Session
EXECUTIVE SESSION; Congressional Record Vol. 165, No. 143
(Senate - September 09, 2019)
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[Pages S5346-S5353] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] EXECUTIVE SESSION ______ EXECUTIVE CALENDAR The PRESIDING OFFICER. Under the previous order, the Senate will proceed to executive session to resume consideration of the following nomination, which the clerk will report. The legislative clerk read the nomination of Kelly Craft, of Kentucky, to be Representative of the United States of America to the Sessions of the General Assembly of the United Nations during her tenure of service as Representative of the United States of America to the United Nations. The PRESIDING OFFICER. The President pro tempore. Mr. GRASSLEY. Mr. President, I ask unanimous consent to speak as in morning business. The PRESIDING OFFICER. Without objection, it is so ordered. Iowa Town Meetings Mr. GRASSLEY. Mr. President, during August, I continued my annual tradition of holding at least one Q&A in every one of Iowa's 99 counties. I go to Iowans where they work and live to hear what is on their minds so that I can better represent them in the Senate. No matter the setting, my citizens of Iowa set the agenda. On August 27, with a town meeting in Spencer, IA, I completed the 39th consecutive year of my annual 99 county meetings. I look forward to continuing my dialogue with Iowans throughout the rest of this year, just to emphasize that I hold a lot more than just 99 meetings with my constituents every year. I yield the floor. I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. BROWN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. Tribute to Dayton Police Officers Mr. BROWN. Mr. President, I rise to honor six brave Ohioans--Sergeant William C. Knight, Officers Brian Rolfes, David Denlinger, Vincent Carter, Ryan Nabel, and Jeremy Campbell. Last month, on Sunday, August 4, the people in my State woke up to devastating news: A shooter had opened fire overnight--at about 1 o'clock that Sunday morning--in Dayton. In 31 seconds, a shooter had fired 40 bullets. He had taken the lives of 9 Ohioans and had injured 27 more. This was another senseless tragedy caused by gun violence. As awful as it was, it could have been even worse had it not been for the bravery and skill of the officers I just mentioned. While others ran from danger, these men ran toward it. They stopped the shooter within 31 or 32 seconds after the first shot was fired. They saved, certainly, dozens of lives as the shooter was about to go into a very crowded nightclub. Had they not gotten to him in less than a minute, the shooter would have entered the doorway he was headed toward of the Dayton institution Ned Peppers, which was filled with Ohioans who were out on a Saturday night. Dayton Police Chief Richard Biehl said: ``Had this individual made it through the doorway of Ned Peppers with that level of weaponry, there would have been catastrophic injuries and loss of life.'' That didn't happen because these dedicated public servants did the job they signed up to do--to protect the people they serve. Over the past month, as we have mourned those Ohioans we have lost, we have also seen the incredible strength and solidarity of the Dayton community. People from all over the city have come together to support the families of the victims and to support the law enforcement officers and officials who threw themselves in harm's way to protect their friends and neighbors. Chief Biehl reported that the Dayton Police Department has received hundreds of emails, social media messages, and thank you cards--all from people thanking them for what they have done for this city. Dayton has faced so many challenges this year. Each time, these officers and the entire department have risen to the occasion. They kept the public safe when a KKK group held a hate rally, and they helped residents after devastating tornados hit this summer. Now they are dealing with this awful gun violence and all kinds of tragedies that have fallen on this community. I thank my friend Mayor Whaley, who is here in Washington today to help honor these officers and who has truly held this community together. I think she put it best when she said that Dayton has had, ``as I like to term it, one hell of a summer, and you all have been on the front lines of it.'' I met these officers at the Miami Valley Hospital 3 days after the shooting. The President of the United States was there to honor these officers and to see the victims and some of the injured Daytonians who were victims of the shooting and to see their families. I said to the President that the best way he can honor these police officers is to bring the Senate back into session and pass universal background checks as 93 percent of the American public supports it and as Congress has already passed it overwhelmingly. We could do it in a day. I thank Sergeant Knight, Officer Rolfes, Officer Denlinger, Officer Carter, Officer Nabel, Officer Campbell, and all of the Dayton law enforcement for responding far beyond the call of duty in saving the lives of so many people in the Miami Valley. I thank their families, many of whom are here today. We know how families sacrifice alongside law enforcement and servicemembers. Yet so often families don't get the recognition they deserve. To the officers and their families, we are forever grateful. I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The bill clerk proceeded to call the roll. Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. Background Checks Ms. KLOBUCHAR. Mr. President, today this Chamber, once referred to as the greatest deliberative body, must take action. We have people all over the country who want to see action, people who want to see change, people who are crying out for their leaders in Washington to do their jobs. These days, the U.S. Senate has become a place where legislation goes to die and the important issues of the day go ignored, in addition to inaction--major, major issues, significant issues, like climate change and infrastructure and immigration reform. Today I will focus on three things that are right before us--three bills in the gun legislation area that right now are on the leader's desk--and two other areas, election protection and bringing down the cost of prescription drugs, where we could literally take action immediately. I focus on these because they all involve bills that have passed the House, and the Senate could literally act today. I focus on these because, in all three cases, the timing is urgent. I am talking about inaction in the wake of terrible tragedies in Dayton and El Paso and in Midland-Odessa, all in just the last month; inaction in protecting our elections and making it easier for people to vote; inaction in response to serious issues of healthcare costs, particularly prescription drug prices. First, I will speak about gun safety. Think about the courage--the incredible courage--of the people who were in Dayton and in El Paso and in Midland-Odessa, of the mom who literally shielded her baby from death as she herself perished from gunshot wounds, but she kept that baby alive. Or how about the grandpa who died shielding his wife and granddaughter or the off-duty soldier who carried children away to safety? All of that happened in that store. As we approach the anniversary of 9/11, I think also about the first responders in all of these mass shootings. Those in Dayton, OH, got there in 1 minute--1 minute--but, still, we lost nine people in 30 seconds. But they were there in 1 minute and saved so many lives. That is courage. That is the courage of ordinary people doing extraordinary things, and I believe in this place of extraordinary power that their courage must be matched. The courage must be [[Page S5347]] matched to that mom, to that grandpa, to that soldier, to those first responders. These are ordinary citizens who stepped up and saved lives. It is the least we can do to match their courage. The American people can't afford more inaction. But over the past few years, to me, it seems we have lost our resolve. Today, I implore my colleagues, I implore the Republican leadership to find the resolve once again and act with courage just as those men and women did in El Paso, in Dayton, in Midland and Odessa and Gilroy and Parkland and Newtown and Charleston and Orlando. How about all of those families who lose a loved one every single day to gun violence in homes, to gun violence on the streets? There are 1,300 children who die from gunshot wounds each year. That is a classroom of kids every single week. Yes, we are back today. Congress is back. I believe we should have come back sooner. We were in recess for mere hours when the gunman in El Paso claimed the lives of 22 people and for only a few hours more when the gunman in Dayton claimed 9 lives. I was among those who immediately called for the Senate to come back from recess so that we could vote on gun safety measures--gun safety measures that had passed the House of Representatives with some Republican support. I said that we should come back for that vote back then on background checks. By the way, 9 out of 10 Americans support sensible background checks; the majority of hunters support sensible background checks; the majority of voters who voted for President Trump support sensible background checks. I know the history here. As the lead sponsor of the bill to prevent perpetrators of domestic violence--perpetrators, people who have been convicted of serious domestic violence and stalking--from possessing a gun and as a longtime supporter of universal background checks, as well as the assault weapon ban and limits on magazines, I was invited to the White House right after Parkland, right after all of those kids died in that school, and I thought: Well, this is a moment when we can act. I was seated across from the President of the United States, and I had a piece of paper that I saved, and I wrote down with hash marks how many times he said that we should pass the bill for universal background checks and stop that gun show loophole. Nine times he said it--nine times. I was seated next to the Vice President and across from the President. I told the President that I come from a proud hunting State and that when I look at proposals like this, I say to myself: Do they hurt my Uncle Dick in the deer stand? Do they do anything to hurt our hunting tradition in our State? They don't. That is why the vast majority of hunters support universal background checks and a lot of these other measures we talked about that day in that conference room in the White House. It was on TV, so people can see it. There is a video of it. There is evidence of it. I thought it was a done deal. But then what happened? The President, the next day, met with the NRA, and he folded. He folded, despite the fact that on TV in front of the Nation, in front of those kids, those surviving kids from Parkland, in front of the families of the kids who had died, he made a promise that he didn't keep. That is the history I know and I have lived. But it doesn't end there. I go back in time. I go back to the saddest day in the U.S. Senate for me. That was the morning of the vote on background checks. That was years before. That was after the Sandy Hook shooting. Those families were there, and I had been working with some of the Senators who were leading that bill, and I had to tell those parents that morning who had lost their kids--their elementary school- age kids in that school--that we didn't have enough votes to pass that bill. I remember one of the moms said to me: You know, I will never forget that day. I will never forget the last time I saw my son alive. He had severe autism, so he really couldn't speak. But every morning he would point at the picture of the school aide, whom he loved so much, who would never leave his side. He loved her, and he would point at her picture on our refrigerator. That is what happened that last day she saw him alive. Then he went to school, and then, just a few hours later, she was waiting in that firehouse with all of those parents. One by one, those children came into that firehouse, and pretty soon, the parents who were left knew that they would never see their babies again. As she was sobbing in that firehouse, she had this fleeting moment where she thought of that school aide, and she knew at that moment that the school aide would never leave the side of her little boy. When they found them both, shot to death, that school aide had her arms around that little boy. That mom was in my office that morning, and she had the courage to advocate for something she knew wouldn't have saved her kid because of the particular circumstances of how that guy got that gun. But what she knew about the background checks was that they would save more lives than a lot of these other measures. Why? Because the States that have them have reduced rates of domestic homicide. Yes, and they help with suicide as well. It probably would have helped in Midland-Odessa. We don't know all of the facts, but what we do know is that one time that guy failed a background check, and then somehow he was able to get a gun. Those parents had the courage to do that. Then, a few hours later, this place didn't have the courage to pass that bill. That is the history I have had with this issue, but it goes back even further. It goes back to when I was a prosecutor and we had cases all the time of everyday gun violence. We had officers killed; we had children killed; we had women killed in their homes. But the case I most remember actually happened after I left that job, and I was in the Senate, and we had a shooting of a police officer in a small town. He was just doing his job. He showed up for a domestic violence call, which maybe sounds regular to a lot of people but not to officers because they know how dangerous those calls are. It was a young woman, the victim of domestic violence, 17. The guy was in the house, and the officer went to the door, just doing his job. He opened the door, and the guy shot him in the head. He was wearing a bulletproof vest, but it didn't protect him. The widow told me--because I was there for that funeral--the last time they had been in that church was for the Nativity play that the kids were in. After Christmas, the next time they were in that church, she was walking--a widow--down that aisle with her little children, with a little toddler in her arms in a blue dress covered with stars. That is gun violence. It is not just about one family; it is not just about one victim; it is not even just about that police officer and that family who will never be the same. It is about our entire community. That is my history with this issue. So when I come back here and I think of the courage of all of those people and all of those survivors and I think about those mass shootings and how, one by one, if we had passed these sensible bills, we could have prevented some of this from happening, I don't know what our excuse is anymore. The leader on the Republican side said that ``if the President took a position on a bill so that we knew we would actually be making a law and not just having serial votes, I would be happy to put it on the floor.'' Then the President said: ``Congress is going to be reporting back to me with ideas.'' The time for ideas is done. The ideas passed in the House of Representatives--not all of the ideas that I would like put into law, but some really good things got passed that would prevent a lot of violence, including the background checks, including closing the Charleston loophole, when that White nationalist went into that church and gunned down those parishioners only because a background check hadn't been completed. It just gives a few more days--that is what that bill does--so police officers can do their job and complete the background checks. How about my bill, which is a bill that is sitting on Leader McConnell's [[Page S5348]] desk? It closes the boyfriend loophole. What is the status of the law right now? Well, if you get convicted of a serious offense of domestic violence against your husband or wife--most of the time it is wives--or against someone who lives in your house, then you can't go out and get an AK-47. You can't go out and get a gun. That is the law right now. But if you get convicted of the same crime against a boyfriend or a girlfriend--usually a girlfriend--you could go out and get that gun. We have had hearing after hearing about this bill. We have had hearings because it is so sensible to close that loophole. Why? Because half of those domestic homicides involve girlfriends. I remember the one we had a few years ago. We heard from the sheriff from Racine County in Wisconsin. He described himself as a conservative. He said this: Dangerous boyfriends can be just as scary as dangerous husbands. They hit just as hard and they fire their guns with the same deadly force. That bill is in the Violence Against Women Act right now and is sitting on Leader McConnell's desk. That bill passed with 33 Republican votes in the House of Representatives. There is absolutely no reason we should stop a vote on the entire Violence Against Women Act simply because it includes this commonsense provision. Those are the three bills right now, soon to be joined by a bill on limits on magazines. Why that bill? Because in 30 seconds, nine innocent people were killed in Dayton, OH. The cops did everything they possibly could. They were there in 1 minute, and still nine people died. Those are the bills--background checks and closing the loopholes--so the cops have time to simply finish their vetting. Why would you want to cut off their days at 3? Third, closing the boyfriend loophole to help in cases of stalking and domestic violence, and fourth, magazines. These are commonsense bills. Would I like to do more with the assault weapon ban? Yes, I would. But right now, we could get these done. What do we hear instead? We hear this: The President took a position on a bill, so then we can wait to see if we can have serial votes, and then we put it on the floor. The President is saying: Congress is going to report back to me with ideas. This is a dangerous game of whack-a-mole that has to stop. People are dying while leaders are pointing fingers. We could point our fingers and vote yes or no, and we could do that today. We ask that those bills be called up immediately. But it doesn't end there. There are other very important bills we should be voting on right now. Election security. We know a foreign country invaded our election. We know that because we heard it from President Trump's top intelligence officials. In fact, Dan Coats, the Director of Intelligence back then, said that they were getting bolder. We know that. We know what happened. We know they did it in multiple ways. They did it by trying to hack into elections and election equipment in all 50 States. We found that out. In Illinois, they got as close as the voter files. We also know they tried to do it with social media, and there, they were more successful. They ran a bunch of ads--paid for them in rubles--to try to suppress the vote. I will never forget the one shown at our Judiciary hearing, paid for in rubles. It was a Facebook ad that went on African-Americans' Facebook pages in swing districts. It was a picture of a woman--an innocent woman; they had just taken the face of someone from Chicago--and it said: Why wait in line to vote for Hillary? You can text your vote. And they gave a number, something like 86513. That is illegal. That is a crime. If we had known about that ad and found the perpetrators, they would have gone to jail. But that kind of activity by a foreign country was allowed to run rampant, and when the President was asked about it at the G20, standing with Vladimir Putin, he made a joke about it, looked at Vladimir Putin, and they laughed. Do you know what I thought? I thought to myself, hundreds of thousands of Americans have lost their lives on the battlefield fighting for democracy in our own country and around the world. I thought of the four little innocent girls in a church in Birmingham who lost their lives in the fight for civil rights, in the fight for democracy, in the fight to vote. And he made a joke about it. This isn't a joke. We have an opportunity. We have several bills on this that I am leading, to push for backup paper ballots in the remaining States that don't have them and to push for funding for audits and funding to get the right election equipment. This isn't a joke. It doesn't matter if you are a Republican or a Democrat or an Independent; this is about protecting our democracy from the invasion of a foreign country. That is why our Founding Fathers started this country--because they wanted to be independent and didn't want to have foreign influence. It is what we fought for in war after war--protecting freedom and democracy. This is the new ground for invasions. They didn't do it with missiles. They didn't do it with tanks. They are doing it with computers, and it is called cyber warfare. We have to be as sophisticated in our country as they are when they try to invade it. When we tried to call up one of these bills--and Senator Blunt had nicely called that hearing in the Rules Committee, of which I am ranking member--we got gut-punched--Senator Lankford and I and the other authors of the bill, Senator Burr, head of the Intelligence Committee, Senator Warner, Senator Harris, Senator Graham--because that got stopped by the White House--calls were made--and by the leader. It is time to bring back this bill or pass one of the many versions that are out there. The last area I am going to bring up--and there are many other things. I mentioned climate change and immigration reform, but the reason I am focusing on these things--gun safety for the obvious reason, as well as election security and prescription drugs--is because these are bills that have passed the House of Representatives. They are something we could do right now. What about prescription drugs? It feels like years ago now, but it was actually just last January when I went to the State of the Union with my guest Nicole Smith-Holt. Nicole's son Alec was 26 years old, a restaurant manager in the suburbs of Minneapolis-St. Paul, and he had aged off his parents' insurance. Three days short of his payday, this hard-working kid--a pretty severe diabetic--wasn't able to afford his insulin, so he did what so many diabetics are doing right now because of the incredible cost of insulin: He started rationing it. He saved it. He took less than he was supposed to take. I have talked to seniors who literally keep the injectors with those precious drops of insulin so they can use them the next day. When Alec tried it, tragically, it didn't work. He died. This should never happen in the United States of America, not with as simple a drug as insulin, which has been around for nearly a century. I brought his mom with me to the State of the Union. She was sitting right up there looking down at the President while he claimed--of course many times--that he is going to do something about the prices of pharmaceuticals. I think those who are blocking and slow-walking bipartisan legislation to reduce the cost of prescription drugs should give Nicole a call. She is smart, she is pretty straightforward, and she is a nice person. Listen to her story. Healthcare is one-sixth of our economy, and total drug spending accounts for over 15 percent of our Nation's healthcare costs, from consumers to hospitals and nursing homes. Between 2012 and 2016, the price of brand-name prescription drugs increased 110 percent. If we don't act now, that number will keep increasing as the profit margins for Big Pharma increase hand over fist. They have two lobbyists for every Member. For every desk in the Senate, pharma has two lobbyists. That is what Nicole looked down on when she saw the State of the Union. That number also applies to the House of Representatives, where we were that night. There are solutions on the table. I think what would make the biggest difference, because it involves so many people, would be to pass my bill that I have led for years that would harness the negotiating power of 43 million seniors and allow Medicare to negotiate to [[Page S5349]] bring drug prices down. The VA does it. Medicaid does it. They have much less expensive drug prices because negotiation is allowed. I figure, with the power of 43 million seniors, we could get pretty good deals--43 million seniors--done through Medicare. But right now, it is locked in. Why would it help people who are not at the age to be on Medicare? It helps you because it is the biggest block of drug prices, and once it starts going down for Medicare, it will start going down for everyone. We can also pass my bill that I worked on for years with Senator Grassley to stop big, brand-name companies from paying off other drug manufacturers to keep less expensive products off the market. Let's think of what that means. What that means is pharma has a drug. A lot of times, they have a monopoly. Then someone comes along with another version of it that is less expensive. That would be great for us, especially when there are three or four competitive drugs. You always see those prices go down. Do you know what they do? They actually pay the generics to keep the product off the market. The big companies then have a monopoly. The new companies bringing the drug in, the generic, are fine; they get the money from Big Pharma. The only ones who get the short end of the stick are us, the consumers of this country. That is why Senator Grassley and I have worked across the aisle, and it is time to get that bill passed. The third one I would suggest is a bill I first introduced with Senator McCain--whom we all miss very much--that would allow Americans to bring in less expensive drugs from Canada and other countries as well. We know drug prices in Canada are so much less expensive than they are in the United States. Some States, like Maine, have tried to do this on their own, but they said: No; you have to have a Federal law to make this really work. Individuals have tried to do it. Bus tours of seniors go up there. We had bipartisan support for this in Minnesota-- former Governor Pawlenty supported changing this bill--but we couldn't do it as a State. It really has to be done at the Federal level. I am also pleased that Senator Grassley has now stepped into Senator McCain's shoes and is carrying this bill for me. He is the chair of the Senate Finance Committee. There is no reason we shouldn't be able to call this bill up for a vote. In conclusion, I started this speech by questioning whether this Chamber is even capable of action on big things anymore. I will end by asking a question that should be simple: Will the Senate respond to the needs of the American people? When Americans are shot in cold blood, their bodies littered on the floor of a Walmart, will we respond to their needs? Will we respond to their families? When their votes are threatened by attacks from a foreign country, will we respond to the citizens of this country? Will we respond when we know drug prices have gone completely out of control and we uniquely could do something about it? Today, what this Chamber needs are leaders. Leaders don't hesitate. They don't drag their feet or put politics over country. They don't block or obstruct progress. If my colleagues don't want to find common ground, at least we could show some common sense. It is time to live up to the promise of this esteemed body. Inaction won't do. The American people can't afford inaction in the wake of unprecedented attacks on our elections and our democracy. They can't afford inaction when people are actually dying because they can't afford common prescription drugs. They can't afford inaction when we have people being slaughtered on our streets, going to a festival in California, out on a weekend night with friends, going to a movie theater, or going shopping for school supplies. Historically, this Chamber has done great things. It is one of the reasons all of us who got elected to this office decided to do it. Our predecessors fought for and passed the Civil Rights Act of 1964 in the U.S. Senate. This place expanded voting rights the following year. This place helped provide a safety net for families, seniors, and kids across the country by passing Medicare and Medicaid. Guess what. When those things were passed, they weren't totally popular at the time, but now they are because they did the right thing. They were leaders. They didn't wait. They didn't hesitate. They led. We can and should come together and do great things now. That is the America we love. That is the America we know. That is the America we can be again. I ask that these commonsense measures come up for a vote. I yield the floor. I suggest the absence of a quorum. The PRESIDING OFFICER (Ms. Ernst). The clerk will call the roll. The senior assistant legislative clerk proceeded to call the rol1. Mr. SCHUMER. I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. Recognition of the Minority Leader The PRESIDING OFFICER. The Democratic leader is recognized. Business Before the Senate Mr. SCHUMER. Madam President, let me first welcome my colleagues back from the August State work period. As usual, it was an opportunity to travel in our States and meet with constituents and to hear from them about the issues that matter most in their lives. These are some of the things I heard: Middle-class families are struggling with costs that keep going up while wages barely budge. Recent college graduates are saddled with crippling college debt and are worried about their future and their ability to buy a home and do the things they want for their children. Families and seniors are worried about rising healthcare costs, particularly prescription drugs. And voters asked if we are doing enough to keep our elections safe from foreign interference. I spent time talking with educators in Upstate New York about teacher shortages, with farmers about the future of agriculture production, with homeowners about improving flood insurance policies, and with middle-class families about keeping more of their earnings in their pockets after the Republicans repealed the State and local tax deduction. I heard from New Yorkers in every corner of my State, and the overwhelming consensus was that Washington has work to do and has to do more to shore up the middle class and those struggling to get there. Typically, with Congress out of session, the President can spend the month of August highlighting issues and building support for laws, initiatives, and programs to help working Americans--but not this President, not President Trump. As we all could have predicted, he spent the month of August sowing discord and division at home, comforting our adversaries and alienating our allies abroad, and spreading recrimination and self-aggrandizement on Twitter. Twenty years ago, if you read what the President had done this August, you would say that is fiction. Unfortunately, it is true. Although we have become a bit inured to the President's volatility, it is hard to recall a President having a more destructive or bizarre summer. On the world stage, President Trump canceled a planned trip to Denmark because they refused to consider selling us Greenland. He released a reportedly classified satellite image on Twitter and suggested inviting Putin to return to the G7, hoping, of course, that he could host the next one at, of all places, his own private resort in Florida. Here at home, the President called the Chairman of the Federal Reserve an enemy, continued to attack the FBI, again falsely claimed he won the popular vote, and called Jews who voted for Democrats disloyal. On the issue of policy, the President began the month vacillating wildly on support for gun safety measures, despite three mass shootings, and ended the summer by diverting funds intended for our Nation's defense and for our soldiers and their families and taking that money away from them for the construction of a border wall that we all know he promised Mexico would pay for. Of course, we have now spent the past week and a half watching the President desperately trying to justify--sometimes with a Sharpie--his warning that the State of Alabama lay in Hurricane Dorian's destructive path--what a circus. This is America. We are so proud of this country. We can't be proud of the [[Page S5350]] President's actions in the last month--no one can, no matter what your politics. I say to President Trump: There are real issues facing real Americans, and it is our job as their elected representatives--whether we be in the executive branch or the legislative branch, whether we be Democrats, Independents, or Republicans--to do something to help them, but this President seems uninterested or maybe simply incapable. As we return to work in Washington, let us aim for progress on the issues President Trump ignored during his strange, lost summer: gun safety, election security, healthcare, infrastructure, making progress on funding the government in order to avoid another government shutdown that the President caused and had to back off from last time. That is the people's business. Even if the President isn't interested in it, it is our job to be. Let's roll up our sleeves and get to work, and sometimes we have to ignore the President's shenanigans. One issue of particular importance looms on this upcoming Senate work period, and that is gun safety. In the month of August, more than 50 Americans were killed in mass shootings, the latest barrage in the litany of mass shootings that have become all too routine in our country, to say nothing of the American lives lost in everyday gun violence in our communities. It is on the minds of the American people. I was at the airport, and someone I didn't know grabbed my arm and said: Senator, do something about gun violence. I lost my nephew to gun violence last year. It is on so many people's minds. That is why our first order of business in the Senate should be to take action on H.R. 8, the House- passed Bipartisan Background Checks Act. We must grapple with the stark reality that gun violence is becoming an all-too-routine occurrence and that we in Congress have both the ability and responsibility to do something about it. H.R. 8 is the most commonsense way for the Senate to save American lives. It is bipartisan. It has already passed the House. As a matter of policy, it is absolutely necessary to close the loopholes in our background check system in order to make other gun laws effective. We can and should pass a very strong red flag law, but what good would a red flag law do if someone were adjudicated, unable to have a gun, and he could go online and get that gun with no check at all? If you don't have background checks, bad people will get guns--felons, spousal abusers, those mentally ill, and people who get red flags. So it is critical that we pass a universal background check law and close the loopholes and that we do everything we can to prevent guns from falling into the wrong hands in the first place. Background checks must be the base, the foundation we start from, when we talk about gun safety legislation. Just look at the case of the shooter in Odessa, TX, who reportedly failed a background check in 2014 but was able to purchase a firearm through a private sale with no background check. This is one of the loopholes that the Bipartisan Background Checks Act would close. These loopholes were never intended--I was the author of the Brady bill back in 1994, when I was a House Member and the chair of the Crime Subcommittee. I am proud of it. It saved tens of thousands of lives. Back then, there was no internet. When some of the gun advocates here said ``Well, exempt gun show loopholes,'' gun shows were simply a place to show antique-type guns, like your 1938 Derringer. Now, of course, they have become the huge loopholes that felons and other people who shouldn't have guns seek to use to get guns. We have to close these loopholes. It is not doing anything more to take away the rights of legitimate American citizens who want to bear arms--something I believe in--than it was when it passed. It is just closing loopholes as time has evolved. There are two people in Washington who would make this legislation pass, which would greatly reduce gun violence: Leader McConnell and President Trump. Leader McConnell has the power to make sure this legislation passes this body or to make sure that it doesn't pass. It is in their hands. The Republican leader determines the Senate's business. After the shootings in El Paso and Dayton, we demanded that the leader call the Senate back into session so that we could respond to the crisis. He refused. Maybe he hoped the scenes of violence would fade from the minds of the public, and the issue would fizzle out. That certainly has not happened, and the Democrats will not let it happen. Unfortunately, the increased frequency in mass shootings will not let it happen either. As Democrats return to Washington, we carry with us the frustration of Americans who demand action but have seen far too little. These are demands of Democrats and Republicans, people northeast, south, and west, men and women, and people from urban areas, suburban areas, and rural areas. With their importuning in mind, we will make sure the issue of gun safety remains front and center for these next 3 weeks and beyond, until meaningful change is achieved. By contrast, Leader McConnell did not even mention gun violence in his opening remarks today, after promising that we would have a debate in the Senate when we returned. We await word from the leader when that debate might take place. One thing we do know is that Leader McConnell has said that the question of background checks will come down to President Trump. ``If the president took a position on a bill,'' Leader McConnell said, ``I'd be happy to put it on the floor.'' That is what he said. Those are his words. If that is the case, the President has a historic opportunity to save lives by signaling his support for the House-passed background checks bill. So far, he has been all over the lot. The President told me he is going to get his ``strongest possible bill'' but has not committed to what he might support and then, in future days, seemed to have backed off that statement. That is why Speaker Pelosi and I sent President Trump a letter today, urging him to support H.R. 8, the universal background checks bill, to make his position public. President Trump can lead his party to do something that the NRA has long prevented Republicans from doing by providing these Republicans the cover of a Republican President's support. President Trump, please read our letter. Support the bipartisan universal background checks bill. It is common sense. It is enormously popular with the public--93 percent--even popular with Republicans and gun owners, and above all, would save American lives. Maybe that man at the airport--I don't know his name or where he was from--would not have to come up to me and tell me his nephew died of gun violence if we had passed some of these laws. The time to act is now, before more lives are lost. The pressure is on President Trump and Leader McConnell to act. I yield the floor. The PRESIDING OFFICER. The Senator from Texas. August Recap Mr. CORNYN. Madam President, I came to the floor, and I heard the Democratic leader talking, obviously, about some terrible incidents that occurred in El Paso, Dayton, and in Odessa. Since we were last in session, we have had two shootings in Texas, one in El Paso and one in Odessa. I confess that these are terrible tragedies that cause us to first ask the question ``Why'' and then cause us to ask the question ``What'': What can and what should we do to try to stop incidents like these in the future? I will remind the Democratic leader that we actually have a great template for bipartisan support for gun safety legislation, which is the bill we sent to the President last year called Fix NICS--NICS being the National Instant Criminal Background Check System that the FBI operates. For example, if you were convicted of a felony or dishonorably discharged from the military or you were subject to a protective order or you had been committed as a result of a mental health crisis, under existing law, all of these prohibit you from purchasing or possessing a firearm. But if the background check system doesn't work, it doesn't really count for much. I am proud of the fact that we came together on a bipartisan basis and [[Page S5351]] passed this Fix NICS legislation by overwhelming margins. Anybody who is suggesting that we simply haven't done anything has a faulty memory, at the very minimum. I would also add that we have passed legislation that would enhance school safety. One of the problems is that these cowards who commit these terrible acts don't go shoot up police stations; they go to the soft targets, like the schools. No parent should send their child to school wondering whether they are going to be safe from attacks like those we have seen occur in places like the Santa Fe school district in Texas, so we passed bipartisan legislation to deal with that as best we could. We also recognize that many of the people who commit these acts are a danger to themselves and others because of a mental health crisis. In the 21st Century Cures Act--a broad, bipartisan bill--we passed legislation that provides for piloting of assisted outpatient treatment. The reason that is so important is, if you are dealing with an adult--an adult child, an adult spouse, obviously, or a parent-- there is very little you can do to make them follow their doctors' orders or get the kind of treatment they need to take their medication. But as a result of assisted outpatient treatment orders, a family member or law enforcement or mental health professional can petition the court for a court order requiring people to comply with their doctors' orders to show up for their appointments and to take their medication. They have reaped tremendous benefits around the country, protecting people from themselves when they are in a mental health crisis and protecting other people from potential acts of violence that they might commit. It is not true that people who are mentally ill are somehow more prone to violence, but, certainly, when they lose control of themselves--and when they are in a mental health crisis, they do-- they can be a danger to themselves and others. So this assisted outpatient treatment pilot program that we pioneered in the 21st Century Cures Act, I think, provides another tool. Then we provided law enforcement with additional training. That is where the active shooter training came from. It was actually pioneered in San Marcos, TX, at Texas State University, where they train law enforcement not to sit on the perimeter while the shooting goes on inside a building but to attack the shooters where they are. Also, we went one step further to make sure not only that we can stop the shooter but also that we can actually save lives and keep people from bleeding to death by training emergency medical personnel to follow the police into an active shooting scene to save lives. Part of the problem with discussing this topic is that there is a lot of mythology out there. I heard my friend the Democratic leader say: If we had just passed another background check system, maybe Dayton or El Paso would not have happened. Well, both of those shooters passed a background check. Is he suggesting we ought to pass a law just to pretend that we are doing something, but it would actually not have a positive impact on saving lives? That is not what we did in the Fix NICS bill. As you may recall, the particular shooter there was disqualified from purchasing firearms, but the Air Force had not uploaded his felony conviction for domestic violence into the background check system. So when he went in to buy a firearm, it didn't catch him. He was able to lie and then buy. I am proud to say that as a result of this bipartisan legislation we passed, there has been a 400-percent increase in the Federal Government providing additional background check information for the National Instant Criminal Background Check--the NICS--System. I think it is safe to say, as a result of the bipartisan legislation we passed, working together, that lives will be saved. That is what we ought to be about, not about show boats or political posturing. We ought to be about solving the problem. Let's get our facts right first. The Democratic leader mentioned Odessa. It is true that the shooter in Odessa did have a mental health commitment, and he tried to buy a gun through traditional means. He failed a background check, so he wasn't successful. While the details are still being investigated, it looks as though he purchased the firearm from an unlicensed firearm dealer, which is a crime. If the dealer sold the firearm to the shooter knowing that he was disqualified from purchasing or buying a firearm, that would be another crime. So trying to suggest that some sort of additional background check would have solved that problem when what the dealer did and what the purchaser did were already illegal, I just don't think holds up. I look forward to continued discussion and debate on this topic. It was on the minds of an awful lot of people as I traveled across my State of Texas this August--as we all did during the August work period. I always benefit from going back home and getting refreshed by the thoughts, the ideas, and the aspirations of real people instead of living here inside this fantasyland known as Washington, DC. I always tell people that Washington is a fascinating place to visit. It is like Disneyland, but just remember one thing: It is not real. What is real are the people we represent back home and what the laboratories of democracy produce, which are the States, including the great State of Texas. As I travel back home, I also enjoy sharing updates about what we have been working on here in Washington and seeing how legislation we have passed can actually make a difference back home. One example is a program authorized by a bill that I introduced called Project Safe Neighborhoods, which is now the law of the land. It is a bill I introduced, which is now the law. I invited Attorney General Barr to come to Dallas, TX, to hear how this initiative has already begun driving down crime rates in a couple of our communities in Dallas. This program partners with local, State, and Federal law enforcement officials, together with Federal prosecutors, to target violent offenders--people who have no legal right to possess a firearm and who use firearms routinely--and engage with the community and, thus, help create safer neighborhoods. It is already having a positive impact in communities across my State, and I am eager to see the long-term benefits of this incredible program. In Austin, I visited the University of Texas during the month of August and met with some student veterans who are reaping the benefits of a bill we passed this last summer. It is called the Veteran STEM Scholarship Improvement Act. STEM stands for science, technology, engineering, math. The Veteran STEM Scholarship Improvement Act made a seemingly small change to an existing program, which provides extended GI bill eligibility for student veterans pursuing STEM degrees. Because we made a technical but important change, more students are able to continue their education with significantly less financial stress. President Fenves of the University of Texas system said that instead of just three courses that veterans could qualify for using their GI bill, they can now qualify for, I think he said, 25. It may have been 28. There are multiples of what they can qualify for under existing law. So this small change will make a big difference. I enjoyed hearing about their career goals from the students who are using these GI bill benefits, and I look forward to seeing all they will accomplish. In addition to those meetings and those visits, I attended a ribbon- cutting at a brandnew VA clinic in San Angelo, TX. I spoke to survivors of sexual assault in Grapevine about the need to pass the Debbie Smith Act to reauthorize the money we appropriate to help test backlog rape kits. I was able to join my friend Congressman Henry Cuellar from Laredo, TX, to discuss the future of the USMCA, the U.S.-Mexico-Canada Trade Agreement, the successor to NAFTA. So while it was a busy and productive work period, sadly, it was also marked by a number of heartbreaking moments that I alluded to a moment ago. On the morning of August 3, a gunman stormed into a Walmart in El Paso, TX, killing 22 innocent people and wounding two dozen others. It became [[Page S5352]] the deadliest mass shooting in the United States this year. In a community as tight-knit as El Paso, the devastation was immeasurable, and I would note that the shooter traveled from another part of the State to El Paso. He was not from El Paso. The heartbreaking confusion quickly turned into rage when we learned that the shooter was a White supremacist whose crime could only be described as domestic terrorism. The day after the shooting, I visited El Paso and met with several of the victims, as well as the law enforcement officers responding to the tragedy. Members of the community created a memorial to honor those who lost their lives, and on that first day, it was relatively small, about 4 feet wide. By the time I returned to El Paso with President Trump and the First Lady, 3 days later, this 4-foot-wide memorial had grown to hundreds of feet wide. The outpouring by the community was overwhelming. In the face of tragedy and unthinkable grief, the strength and support of the entire community from that memorial to the long line of folks waiting to donate blood, to the donations to help the victims was truly remarkable. As I also indicated at the beginning of my remarks, less than a month later, we experienced another shooting. A man went on a shooting rampage between Midland and Odessa, killing 7 people and wounding 25 others. When I visited Odessa this last week, I met Odessa police officer James Santana, who was injured in the shooting but fortunately is expected to make a full recovery. When I asked the police chief in Ector County, which is where Odessa is located: What do you think we might be able to do in Washington that would help, he said: Well, we just don't have adequate resources to deal with people suffering from a mental health crisis. That might be one area where you could help. I had the pleasure of thanking the men and women in blue, our law enforcement officers, for their quick response in Odessa and thanked them for the work they do every day. By the way, I also had the opportunity to travel to the White House this morning. President Trump gave an award to the police officers in Dayton, OH, who were able to stop the shooter there. He offered certificates of commendation to some of the employees of Walmart who helped save lives in the shooting episode there. While major events like these are ones that grab the headlines, Texas law enforcement officials and officials all over the country are on the streets each and every day doing everything they can possibly do to keep our communities safe. I think it would just be negligence on our part not to continue to thank these men and women and especially those who responded to tragedies like El Paso, Midland, and Odessa. As our State continues to grieve from this senseless loss of life, the questions are, of course, How did this happen? How can we prevent it from happening again? Well, I know we are going to try, just as we have done in the past, to identify gaps and problems with the law and fill those gaps and save lives in the process. If I knew how we could pass a law that would prevent people from committing crimes, we would pass it unanimously, but, unfortunately, that is not the human condition. I have been speaking with my constituents as well as colleagues in the Senate over the last few weeks about what a legislative solution might look like, and I do expect us to have a wide range of debate on the subject in the coming days. I just spoke to a representative at the White House. They say they are putting together a set of proposals to provide the President later this week, and we look forward to hearing what the President believes these proposals should consist of. Again, I think the model we used after the Sutherland Springs shooting in 2017 was a pretty good one, where we introduced a bill to improve the background check system and to prevent people who should not be able to purchase a firearm from doing so. We passed that legislation on a broad bipartisan basis. Had that legislation passed sooner, it could have prevented the Sutherland Springs gunman from acquiring his weapon in the first place. By lying on his background check application, knowing, perhaps, that the United States Air Force had not uploaded his conviction for domestic violence into the background check system, he was able to get away with it. These are the kind of reforms I believe we should be looking at--real solutions to real problems. We owe it to the American people to focus on making changes that will actually work, not show votes and not talking points. We ought to be about trying to solve this problem. The American people are smart. They can see what is happening up here when we resort to the same old tired talking points and are not really engaged in trying to find solutions. They see through it, and we owe it to them and owe it to ourselves and owe it to people who might otherwise become future victims to do everything we can to provide the tools to law enforcement to try to prevent as many of these deaths as we can. In the case of the Fix NICS Act, it was able to become law because it had broad support from Republicans and Democrats as well as the President. This will guide my approach. Again, I am not interested in scoring political points or introducing bills so we can pat ourselves on the back and run our next campaign on it. I am actually interested in trying to solve the problem and saving lives in the process. That is what we did on the Fix NICS Act. The leader made it clear that if there is a proposal out there that is able meet these same criteria, we will consider it on the floor of the Senate. He has asked us to come together and figure out what that legislation would look like. While there are certainly differences on both sides of the aisle about what we should do, I hope all of us can remember we share a common goal of stopping these mass shootings to the extent we humanly can. Again, if we knew how to pass a law to prevent people from committing crimes, we would have already done that. We may not be able to do that, but we sure can, I think, make some progress and hopefully save some lives in the process. There are a lot of discussions about ways to do that, and I am hopeful we can reach an agreement soon. We cannot allow these acts of violence to somehow become the new normal. As we keep the victims and their families and the dedicated law enforcement officers impacted by the shooting in our prayers, we owe it to all of them and to ourselves to work on a solution to prevent more communities from experiencing these types of tragedies. I yield the floor. I suggest the absence of a quorum. The PRESIDING OFFICER (Mr. Boozman). The clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. CARDIN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. Cloture Motion The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before the Senate the pending cloture motion, which the clerk will state. The bill clerk read as follows: Cloture Motion We, the undersigned Senators, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby move to bring to a close debate on the nomination of Kelly Craft, of Kentucky, to be Representative of the United States of America to the Sessions of the General Assembly of the United Nations during her tenure of service as Representative of the United States of America to the United Nations. Mitch McConnell, John Cornyn, Mike Crapo, Shelley Moore Capito, Mike Rounds, John Boozman, Thom Tillis, Richard Burr, James E. Risch, David Perdue, Roy Blunt, Kevin Cramer, Roger F. Wicker, Tom Cotton, John Barrasso, Steve Daines, John Thune. The PRESIDING OFFICER. By unanimous consent, the mandatory quorum call has been waived. The question is, Is it the sense of the Senate that debate on the nomination of Kelly Craft, of Kentucky, to be the Representative of the United States of America to the Sessions of the General Assembly of the United Nations during her tenure of service as Representative of the United States of America to the United Nations, shall be brought to a close? The yeas and nays are mandatory under the rule. [[Page S5353]] The clerk will call the roll. The bill clerk called the roll. Mr. THUNE. The following Senators are necessarily absent: the Senator from Tennessee (Mr. Alexander), the Senator from South Carolina (Mr. Graham), the Senator from Kansas (Mr. Roberts), and the Senator from North Carolina (Mr. Tillis). Further, if present and voting, the Senator from Tennessee (Mr. Alexander) would have voted ``yea.'' Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Booker), the Senator from California (Ms. Harris), the Senator from Vermont (Mr. Sanders), and the Senator from Arizona (Ms. Sinema) are necessarily absent. The PRESIDING OFFICER. Are there any other Senators in the Chamber desiring to vote? The yeas and nays resulted--yeas 54, nays 38, as follows: [Rollcall Vote No. 263 Ex.] YEAS--54 Barrasso Blackburn Blunt Boozman Braun Burr Capito Cassidy Collins Coons Cornyn Cotton Cramer Crapo Cruz Daines Enzi Ernst Fischer Gardner Grassley Hassan Hawley Hoeven Hyde-Smith Inhofe Isakson Johnson Kennedy Lankford Lee Manchin McConnell McSally Moran Murkowski Murphy Paul Perdue Portman Risch Romney Rounds Rubio Sasse Scott (FL) Scott (SC) Shaheen Shelby Sullivan Thune Toomey Wicker Young NAYS--38 Baldwin Bennet Blumenthal Brown Cantwell Cardin Carper Casey Cortez Masto Duckworth Durbin Feinstein Gillibrand Heinrich Hirono Jones Kaine King Klobuchar Leahy Markey Menendez Merkley Murray Peters Reed Rosen Schatz Schumer Smith Stabenow Tester Udall Van Hollen Warner Warren Whitehouse Wyden NOT VOTING--8 Alexander Booker Graham Harris Roberts Sanders Sinema Tillis The PRESIDING OFFICER. On this vote, the yeas are 54, the nays are 38. The motion is agreed to. The Senator from Georgia. Tribute to Vince Dooley Mr. ISAKSON. Mr. President, I rise for a moment to pay tribute to a great Georgian and his wife who this past Saturday in Athens, GA, before the University of Georgia football game, were honored by naming the field at the Sanford Stadium, Dooley Field. Vince Dooley coached Georgia to a national championship in 1980 and coached Herschel Walker, probably the most famous running back in the history of football. He was also a great contributor to the university, contributing millions of dollars himself, personally, to see that libraries were built. He wrote seven books, including a book on flowers, which is the one that all botanists around the world pay attention to, and he is an expert historian on the Civil War. He is just a great American. He went to Auburn, but he recovered and came to Georgia. He started coaching at Georgia and did better and better until he got us a national championship. This weekend, as our senior past athletic director and past coach, we named the field at Georgia after Vince Dooley for 25 years of outstanding service to the university and a lifetime of service to education. May God bless Vince Dooley, Barbara Dooley, and their family. Congratulations to the University of Georgia and congratulations to Vince. I yield back. The PRESIDING OFFICER. The majority leader. Order of Procedure Mr. McCONNELL. Mr. President, I ask unanimous consent that notwithstanding rule XXII, the postcloture time on the Craft nomination expire at 11:50 a.m. on Tuesday, September 10; further, that if cloture is invoked on the Darling nomination, the postcloture time expire at 2:15 p.m. and if either of these nominations are confirmed, the motions to reconsider be considered made and laid upon the table and the President be immediately notified of the Senate's action; finally, that notwithstanding rule XXII, following disposition of the Darling nomination, the Senate vote on cloture motions for the Akard, Cabaniss, and Byrne nominations. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. ____________________