Floor Statements

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 731, submitted earlier today.

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

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be discharged from further consideration of H.R. 6227 and the Senate proceed to its immediate consideration.

I ask unanimous consent that the Thune substitute amendment at the desk be considered and agreed to; that the bill, as amended, be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table.

Mr. President, I ask unanimous consent that there be printed as a Senate document a compilation of materials from the Congressional Record in tribute to retiring Members of the 115th Congress, and

that Members have until Friday, December 21, to submit such tributes.

I ask unanimous consent that when the Senate completes its business today, it adjourn until 3 p.m., Monday, December 17; further, that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and morning business closed; further, that following leader remarks, the Senate resume consideration of the House message to accompany S. 756 and that notwithstanding the provisions of rule XXII, the filing deadline for first-degree amendments to the House message to accompany S. 756 be at 3:15 p.m. on Monday; finally, that the cloture motion filed during today's session ripen at 5:30 p.m. on Monday.

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

Mr. President, the end of the year is fast approaching. There are a number of important items left on the Senate's agenda and little time to address them. We will clear more of the President's well-qualified executive branch and judicial nominees from the calendar. We will consider updated legislation supported by the administration to address criminal justice. We need to pass an agreement to fill the remaining gaps in appropriations, including critical funding for securing our borders.

Fortunately, the Senate took a major step yesterday by passing the farm bill. We got that much closer to delivering a big shot in the arm to farmers in rural communities across our country.

Along with providing certainty to agricultural communities, I am especially proud that the legislation will open a new door for farmers in Kentucky and around the country to explore the full potential of industrial hemp. This is the culmination of a lot of work by a number of us here in Washington, but really the victory is for the growers, processors, manufacturers, and consumers who stand to benefit from this growing marketplace.

American hemp has a long and distinguished history. Some of this very body's notable figures, including Thomas Jefferson and Henry Clay, are believed to have grown it. During World War II, the Federal Government even encouraged hemp production to support the war effort. Unfortunately, because of hemp's illicit cousin, marijuana, the Federal Government subsequently banned it altogether for generations.

In 2013, Kentucky agricultural leaders showed me hemp's incredible potential for the Blue Grass State. We decided it was time to let America's farmers show everyone what hemp could do.

First, I included experimental pilot programs for States like Kentucky in the 2014 farm bill, and the results have been undeniable. Hemp has quickly become a booming success. Its uses range from food and pharmaceuticals to home insulation and automobile parts. Enthusiastic farmers quickly applied to plant the crop in their fields, entrepreneurs opened businesses selling hemp-based products, and consumers got to enjoy a whole new set of goods featuring American-made hemp. In my home State alone, farmers grew in excess of 3,200 acres of hemp in 2017. This year, the number of acres more than doubled. Estimates show that, once legalized, sales from hemp will soon surpass $1 billion.

Watching this remarkable success, we knew it was time to take the next step. I introduced legislation to finally and fully legalize hemp. Working with agricultural leaders and law enforcement in Kentucky and here in Washington, we built support.

As a member of the Agriculture Committee, I was proud that the legislation was included in the Senate's version of the farm bill. I was proud to serve personally on the conference committee to ensure that the language stayed in place. Yesterday, the Senate passed the conference report. The House will pass it as early as later today, and this provision and the rest of the farm bill will be on its way to President Trump's desk to become law.

What exactly will this legislation do? The farm bill we passed yesterday both legalizes hemp as an agricultural commodity and removes it from the controlled substances list. It gives States the opportunity to be the primary overseers of hemp production. It also allows hemp researchers to apply for competitive Federal grants from the U.S. Department of Agriculture and made hemp eligible for crop insurance.

Together, these features will encourage new opportunities for struggling farmers and their families--new products for use in construction, healthcare, and manufacturing, and new jobs in a broad range of fields.

I have been honored to gain many partners throughout this process. Here in the Senate, thanks to the leading Democratic cosponsor of our original bill, Senator Wyden, and to my Kentucky colleague, Senator Paul. Congressman Jamie Comer has championed hemp for years and sponsored our legislation in the House. In Kentucky, Commissioner Ryan Quarles has been a longtime ally of this crop's bright future in our Commonwealth.

I look forward to the House passing our farm bill soon and sending it to President Trump for his signature. I would be happy to loan him my hemp pen for the occasion.

Mr. President, on an entirely different matter, later today the Senate will vote on an attempt by some of our Democratic colleagues to undue a pro-privacy reform that Secretary Mnuchin and the Treasury Department implemented just a few months ago.

As I discussed yesterday, there is neither any valid accounting reason nor a disclosure reason why the IRS needs access to the donor lists of the kinds of tax-exempt, nonprofit organizations in question. The Treasury Department has said that ``the IRS simply does not need tax returns with donor names and addresses to do its job in this area.''

In a climate that is increasingly hostile to certain kinds of political expression and open debate, the last thing Washington needs to do is to chill the exercise of free speech and add to the sense of intimidation. The Senate should take a stand for America's privacy and the First Amendment and reject this misguided resolution.

Mr. President, later on, the Senate may consider a resolution by the junior Senators from Utah and Vermont that pertains to the situation in Yemen. In effect, these Members want to end the limited American assistance to the Saudi-led coalition that is supporting the U.N.-recognized government in the civil war in Yemen.

I will oppose the motion to proceed to the Sanders-Lee resolution and would urge Members to join me in voting against it. Members on both sides have legitimate concerns about the war in Yemen, about the U.S. interests tangled up in this conflict, and especially about the horrible plight of Yemeni citizens who are caught in the crossfire. And where Saudi Arabia is concerned, I think every single Member of this body shares grave concerns about the murder of Khashoggi and wants accountability. We also want to preserve a 70-year partnership between the United States and Saudi Arabia, and we want to ensure that it continues to serve American interests and stabilizes a dangerous and critical region.

This is the backdrop for today's debate: challenging circumstances that require the Senate to act with prudence and precision. But the Sanders-Lee resolution is neither precise enough nor prudent enough.

For one thing, I do not believe the resolution should be privileged under the War Powers Act. The United States is not involved in combat. It is not dropping ordnance. It is no longer even providing air-to-air refueling. As I have stated previously, even if these activities continued, it is a far cry to equate them with ``hostilities.'' Regardless, the practice has already stopped.

If the Senate wants to pick a constitutional fight with the executive branch over war powers, I would advise my colleagues to pick a better case.

Second, their resolution is an inappropriate vehicle. There are more careful ways the Senate could express its concern about the conflict in Yemen or our partnership with Saudi Arabia without taking such a blunt instrument to the policy in this area. Indeed, this resolution would threaten other support the United States is providing that is designed to improve coalition targeting and limit civilian casualties.

Finally, from the Senate's perspective, considering a War Powers Act resolution has the potential to present a lengthy, messy process when our calendar is already packed more than full with other important business to complete for the American people.

This resolution's shortcomings do not mean the Senate must do nothing. There is a better option at hand. Legislation introduced by Chairman Corker does a good job capturing bipartisan concerns about both the war in Yemen and the behavior of our Saudi partners more broadly without triggering an extended debate over war powers while we hasten to finish all our other work. I have cosponsored his legislation. It is a superior road to the outcome that most Senators want. So I urge every Member to vote against considering the Sanders- Lee resolution later today and join me in supporting Chairman Corker's responsible alternative.

Mr. President, on a completely different matter, it is my bittersweet job this morning to pay tribute to a historic Senate career that will conclude at the end of this Congress.

Senator Orrin Hatch has faithfully represented the people of Utah in this body for the last 42 years. That makes him the dean of our Republican conference and, of course, President pro tempore of the Senate. It also makes him the longest serving Republican Senator in our Nation's history. So Orrin's longevity alone would have guaranteed him a place among the giants of the Senate. As he joked a couple of weeks ago, one of the most memorable experiences from his early Senate tenure was the confirmation process for Justice Joseph Story back in 1811. Apparently it was quite the scene, Orrin tells us.

Seriously, though, the most impressive thing about Orrin Hatch is not the historic length of his tenure here but how completely filled with accomplishments that time has been.

But let's back up for a moment. It wasn't always obvious that our friend would become a star U.S. Senator. At one point, it looked like another kind of stardom might be more probable. And I am not just talking about the successful law practice he set aside to run for office. We all know about Orrin's musical talents and his contributions to the recording industry. I am told that just a few years before Orrin's first campaign in 1976, the lawyer and family man was moonlighting as band manager for a groundbreaking Mormon folk group called The Free Agency. Well, it is fortunate for all of us that this free agent felt called to bring his talents here to Washington.

There is a famous story from that first campaign back in 1976. Think about this. Orrin had no political experience--a stranger to running for office. But he had this sense that public service was his mission. Perhaps he was thinking of his beloved big brother Jesse, who gave his life in World War II when Orrin was just 10.

He started asking around: Did his friends and family think he had a shot at a Senate seat? Few liked his chances in the primary and even fewer against the three-term incumbent. But the worst reaction of all came from his beloved wife Elaine.

The story goes that when Orrin filed his papers to run, she cried for 3 straight days. I am not sure whether that was unhappiness at the prospect of an east coast life they hadn't planned for or a fairly accurate assessment of his chances at that point.

But Orrin beat the odds. With the help of a big endorsement from a former California Governor named Ronald Reagan, this young, conservative upstart pulled off the upset.

Actually, there is a little secret surrounding this endorsement. Few people know this, but I am sorry to say that Orrin was actually the Gipper's second choice. You see, our friend was so unknown back then that Reagan's first telegram offered a ringing endorsement

of someone called ``Warren Hatch.'' Happily, the error was quickly corrected. Orrin earned Utah's trust and found his way right here to this Chamber.

Some of his new Senate peers thought their new colleague should lay low and keep quiet about his principles. They had no idea what they were in for.

This Pittsburgh-born son of a metal lather was actually ready for action. Remember, Orrin was once an amateur boxer. So he came to the Senate ready to brawl. In his very first term, he decided he had to take down this far-left labor reform law that would have hurt free enterprise and future prosperity. So he took on a couple of heavyweights--Robert Byrd, George Meany, and the whole machinery of Big Labor.

So this freshman became the public face and private backbone of the opposition. It was an epic showdown. Orrin worked 18-hour days. He taught his whole staff how to draft amendments. He gave pep talks to his ragtag, bipartisan band of brothers--Dick Lugar, Howard Baker, and Fritz Hollings, from across the aisle--trying to keep everyone in the boat. And it worked. It withstood six cloture votes, breaking the record for a single bill, and they won. American prosperity was kept safe from a big power grab by union bosses.

It only seems fitting, decades later, that the other end of Orrin's Senate tenure would also be marked by a major, hard-won, right-of- center accomplishment to help advance prosperity for all Americans.

Orrin has chaired three of the Senate's most distinguished and critical committees--the HELP Committee, Judiciary, and, most recently, Finance. In this Congress, as Finance chairman, he led the charge to deliver once-in-a-generation tax relief to middle-class American families and tax reform to American job creators. This meant more late night and more painstaking negotiations. Chairman Hatch had to thread the needle, attending carefully to his colleagues' needs and keeping their eyes on the prize. Once again, he got it done.

So what about the decades in between these two bookmarks? First and foremost may be Senator Hatch's special devotion to the Federal judiciary--to its essential role in our constitutional order, to its need for the highest quality personnel. Well, over his Senate tenure, Orrin has participated in the confirmation of more than half of all of the article III judges who have served in the United States of America in our Nation's history. Let me say that again. Orrin has met with, studied up on, questioned, or at least voted on more than half of all of the Federal judges in American history. That includes all nine Members of the current Supreme Court.

When he supported a particular nominee, such as Justices Thomas, Gorsuch, and Kavanaugh, Orrin has been a leading champion of their cause, even in the face of unfair slights and smears. Even in cases when he has felt compelled to vote against nominees, he has treated them and the process itself with the respect and dignity that it is due.

The pile of Orrin's legislative victories is almost as high as that tower of distinguished judges, and many of them are defined by one signature thread that connects much of his proudest work, his care for and commitment to serve the most vulnerable members of our society--the State Children's Health Insurance Program, the Americans with Disabilities Act, Hatch-Waxman for generic drugs, some of the earliest work on AIDS research, and even his very recent work to designate 6-1-1 as the National Suicide Prevention Lifeline.

So Orrin has led a bit of a double life here in the Senate, and I mean that in the best possible way. He has been every bit the principled fighter, as advertised. He has led the charge often and hasn't flinched from the big battles, but at the very same time, there was Orrin, constantly working quietly behind the scenes and across the aisle to tick off victories for vulnerable Americans who could have easily been left behind.

One perfect illustration of this was Orrin's friendship with the late Ted Kennedy. For many of the years they spent here in the Senate, it seemed like they managed to rank among each other's closest friends, top collaborators, and most consistent sparring partners--all at the same time.

But that is Orrin. He loves to give and take. He loves to discuss and debate. His colleagues and staff can rely on him equally to sit down and talk at length if they see an issue differently than he does. He does not dismiss or overrule. He wants to learn, persuade, and to be persuaded. It is no wonder that Orrin's peers are so fond of him and his team is so loyal to him.

I am speaking especially of Ruthie Montoya, Orrin's scheduler for more than three decades--a member of the Senate family in her own right. But you can't help but respect Orrin because his own respect for this institution and the dignity of every individual he meets is so evident.

Utahns know this better than anyone. They know they can run into their senior Senator on the sidewalk or out shopping, and he will stop and listen carefully to their thoughts and concerns and life stories-- maybe over a Costco hot dog--and he will take it all to heart.

How could this be surprising? This distinguished Statesman grew up modestly. His mother had her hands full raising seven children, and his father supported the family with his work as a metal lather. The hours were long and the work was hard, but the life lessons were invaluable.

Orrin worked his way through college and law school. When his scholarship didn't prove quite enough to support a young family, he worked as a janitor and attendant and still graduated with honors. That education has carried Orrin far, but not as far as something else he gained in college.

It was in one BYU classroom that providence did Orrin a great favor, with an assist from alphabetical order. Because ``Hatch, Orrin'' came after ``Hansen, Elaine,'' he found himself seated next to this pretty young lady and struck up a conversation. That seating chart kicked off a blessed marriage of 60-plus years and counting.

Not every young husband would have left a successful law practice on the east coast and started over in Utah to be closer to his wife's family. Not every wife and mother would tolerate--let alone encourage and support--half a lifetime of public service 2,000 miles from where they planned to call home.

That loving partnership has brought six children, 23 grandchildren, and 24 great-grandchildren. Orrin has been known to refer to his brood as ``the Hatchlings.''

So it is our hope that the Senate's great loss upon Orrin's retirement will at least be this great family's loving gain.

We are sad to bid farewell to our artist-in-residence and his platinum records, to this former all-star missionary and LDS bishop who still practices what he preached, to this living example of the American dream at its most extraordinary--the Pittsburgh fighter who climbed up from working poverty and became ``The Gentleman of the Senate,'' where he dedicated his work to strengthening that ladder for the generations that would follow.

Orrin has been so generous to his colleagues, to this institution, and to the State and the Nation he has served. He has given us so much. He retires with great congratulations on a most distinguished career and our very warmest wishes for a peaceful and happy retirement.

Mr. President, I believe there are problems with the law governing the consideration of these types of resolutions. One of biggest is the consideration of amendments. I have a series of parliamentary inquiries that I think will help clarify the problems with the statute.

Parliamentary inquiry: Does this statute provide any guidelines for the consideration of amendments on this resolution?

I believe that most times the Senate uses expedited procedures, we have either a germaneness requirement for amendments or they cannot be amended. Can the Chair expound on what some of those are and what that concept means in the Senate?

In the opinion of the Chair, is a statute with no end point for consideration and no restrictions on text or amendments consistent with the other expedited procedures which the Senate often uses?

I agree with the Chair, and I think the Senate should speak to this issue.

I ask for the yeas and nays.

Madam President, I think it is time the Senate subject itself to a bit of a reality check. Today is December 11. Here are just some of the things the Senate needs to accomplish before this Congress adjourns:

We need to confirm more of the President's nominees for the judiciary and for the executive branch, such as the well-qualified nominee to be Deputy Secretary at the Department of Treasury, whom we are currently considering.

We need to reach an agreement to fund the remaining one-fourth of the Federal Government that was not covered by regular appropriations.

We need to make a substantial new investment in the integrity of our borders and the security of American families.

We need to take up and pass the conference report for the farm bill to honor our commitments to our Nation's growers and producers.

This week alone, we need to dispense with the debate pertaining to the situation in Yemen and an attempt by some of our Democratic colleagues to undo reforms that protect Americans' private, personal information as they exercise their First Amendment rights.

In addition, at the request of the President and following improvements to the legislation that have been secured by several Members, the Senate will take up the recently revised criminal justice bill this month. I intend to turn to the new text as early as the end of this week.

As a result of this additional legislative business, Members should now be prepared to work between Christmas and New Year's if necessary in order to complete our work. Let me say that again. Unless we approach all this work in a highly collaborative, productive way and take real advantage of unanimous consent to expedite proceedings, it is virtually certain that the Senate will need to be in session between Christmas and New Year's in order to complete this work.

The Senate is a consent-based institution. Expediting this work would require an extraordinary degree of collaboration from everyone. So Members should either prepare to cooperate and work together or prepare for a very, very long month.

In just a few hours from now, we will receive an indication of whether that cooperation will begin to take shape. My friend the Democratic leader and his counterpart in the House are scheduled to meet with President Trump at the White House later today.

For the Nation's sake, I hope my Democratic friends are prepared to have a serious discussion and reach an accommodation with the President on funding for border security. Otherwise, circumstances are beginning to resemble a movie we have seen before. It was only this past January when Democrats chose to manufacture a government funding lapse over the issue of illegal immigration. It didn't work out very well.

The reality is that the President's request is entirely reasonable. And before today's partisan considerations set in, I bet it might have looked reasonable to many of the majority of the Senate Democrats who joined in support of physical border security legislation back in 2006--some 12 years ago.

Senate Republicans are working with the President and his homeland security team on $5.02 billion of targeted funding to bolster security measures in specific places where the Department of Homeland Security determines it is most needed. And make no mistake--the need is great. In fiscal year 2018, Customs and Border Patrol reported a 30-percent increase in apprehensions at the U.S.-Mexico border. Looking further back, the monthly apprehension total this past October reached its highest level in 4 years--4 years. CBP has observed over the past year a 50-percent increase in apprehensions of known gang members and a 115- percent increase in seizures of fentanyl narcotics.

Clearly, delivering border security funding must be a priority. That is because the men and women of the Border Patrol deserve to be a priority. American communities deserve to be a priority as they face down the threat of gang violence. American families deserve to be a priority as the flow of lethal drugs fuels an epidemic of addiction.

This is the right investment in the right place at the right time. There is no reason why the Democratic leader and the House Democratic leader should put the demands of far-left special interests ahead of the safety of American families. There is no reason for my Democratic friends to end this year the way they began it--with a government shutdown. It would be truly bizarre for them to decide they would prefer a partial government shutdown to reasonable funding for national security. It would signal that their party is more committed to political spite for the President than to the public interest.

I will be watching eagerly this morning to see if the Democratic leaders approach these negotiations with the productive and good-faith spirit they deserve.

Madam President, on another matter, as I mentioned a moment ago, one key piece of our unfinished business is the farm bill. Last night, I used my very own hemp pen to sign the conference report, clearing the way for the House and Senate to pass legislation and send it to the President's desk. I am proud that the bill includes my provision to legalize the production of industrial hemp. It is a victory for farmers and consumers throughout our country.

Fighting for Kentucky hemp has been a long struggle. My State was once the national leader in the growing and production of industrial hemp, but then, for decades, a Federal ban halted that progress and shut American farmers out of the hemp field. Don't get me wrong--Hemp could still be found all over our country in all kinds of products. The problem is that it is all being grown somewhere else and imported into America. It is time to let American growers get back in business with this versatile crop once again.

The farmers, processors, and manufacturers in my State and across the country are ready for the hemp comeback. It began in 2014 when I secured the establishment of a hemp pilot program with the help of then-agricultural commissioner Jamie Comer. States like Kentucky got the chance to explore the plant's potential and show us just what hemp could do, and the results have been nothing short of extraordinary. Now, American-grown hemp can be found in your food, your clothes, and even in your car dashboard. The results mean jobs, economic growth, and new opportunity. Last year alone, hemp products contributed more than $16 million to Kentucky's economy, and that was just from the pilot program--just from the pilot program.

At a time when farm income is down and our growers are struggling, industrial hemp is a bright spot of agriculture's future.

My provision in the farm bill will not only legalize domestic hemp, but it will also allow State departments of agriculture to be responsible for its oversight. In Kentucky, that means that Commissioner Ryan Quarles--another champion of hemp--will be able to help farmers thrive. And I know the occupant of the Chair is familiar with Commissioner Quarles.

When the Senate votes on this legislation in the coming days, we will also be voting to give farmers throughout the country the chance to tap into hemp's potential and take part in its future. I have been proud to work with my colleagues in Congress, such as Senator Ron Wyden, and with hemp advocates in Kentucky to get to this point. Obviously, I will be proudly voting for this bill.

Madam President, I ask unanimous consent that the vote

scheduled for 11:30 a.m. this morning occur at 11 a.m. this morning.

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

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

Mr. President, I ask unanimous consent that at 3:45 p.m. today, the Senate vote on adoption of the conference report to accompany H.R. 2.