Lawmakers expect today begin debate on tax treaties with switzerland and luxembourg and live nominations. Live to the floor of the u. S. Senate here on cspan2. The president pro tempore the senate will come to order. The chaplain, dr. Black, will open the senate with prayer. The chaplain let us pray. Mighty god, hear our prayers. Search our hearts and know our thoughts. Keep our lawmakers on your path, inspiring them to walk with integrity. Hear and answer their prayers, saving them with your might. Lord, preserve our senators as the apple of your eye, ordering their steps and bringing them to your desired destination. We love you, lord, for you are our strength. And, lord, we thank you for the life and service of retired Supreme CourtJustice John Paul stevens. We pray in your great name. Amen. The presiding officer please join me in reciting the pledge of allegiance to the flag. The president pro tempore please join me in the pledge of allegiance. I pledge allegiance to the flag of the United States of america, and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. Mr. Grassley mr. President . The presiding officer the senator from iowa. Mr. Grassley i ask to speak in morning business for one minute. The presiding officer without objection. Mr. Grassley in honor of the anticounterfeiting Consumer Education and awareness month, i would like to highlight the problem of counterfeits sold online. Counterfeiters are increasingly turning to ecommerce to sell all of their fakes. In the past i have advocated for increased education and awareness efforts because i believe these efforts in education is a critical tool in our countrys arsenal against counterfeits. So i encourage our customs and Border Protection to identify ways to increase information sharing with their private industry partners. This is one way that we can prevent the sale of fakes and keep consumers safe. I yield the floor. Mr. Mcconnell mr. President . The presiding officer the majority leader. Mr. Mcconnell first this morning, the senate recognizes the death of a distinguished american. We received word last night that the remarkable life of former associate Justice John Paul stevens had come to a close at the age of 99. Justice stevens served for 34 years on the nations highest court. You didnt have to agree with his constitutional philosophy to admire his obvious intelligence or the universal reports about his kindness and collegiality or the passion and patriotism he was proud to wear on his sleeve. No question, mr. President , this was the quintessential Public Servant of the greatest generation. A son of chicago who enlisted in the navy the day before pearl harbor and went on to earn a bronze star for his work cracking the coded messages of imperial japan. There was just something about Justice Stevens that told you this man lived life to the fullest. At age 12 he was there to see babe ruths called shot at wrigley field. At age 99, just this year, he published a memoir that was subtitled reflections on my first 94 years. And in between alongside his time on the court, he found time to weigh in on shakespeare scholarship on the side. So the senate joins the nation in appreciating this American Life fully lived and our condolences are with the Stevens Family on this sad day. Now on an entirely different matter, yesterday our colleagues on the Armed ServicesCommittee Heard testimony from dr. Mark esper. The Senate Confirmed secretary of the army and President Trumps nominee for secretary of defense. They examined his extentive record of military and Public Service and discussed the variety of challenges the next secretary will face. By the end, i believe anybody impartial would have to have come away impressed by dr. Espers mastery, intelligence, and thoroughness. Of course its not exactly surprising that a decorated combat veteran and distinguished scholar would convey expertise and calm under pressure. For those of us who knew him during his service as National Security advisor to former majority leader bill frist, those qualities are familiar. You could hardly invent better qualifications for the top job at the pentagon than mark esper. Degrees from the Harvard Kennedy school and George Washington service, Courageous Service with the 101st airborne, service at the defense department, a career in the private sector, every step of the way he earned respect and admiration. That includes high praise from d. O. D. Leaders from the last administration, the oakes. They say he works hard, is smart, dedicated. He has, quote, all the qualifications. So, mr. President , our colleagues at the hearing saw an exceptionally well qualified nominee. As my friend, the junior senator from virginia has put it, they saw a man of, quote, sound character and moral courage. As a man of honor and integrity dedicated to our nation and committed to the men and women who serve in uniform. I think its clear he deserves prompt confirmation and even more the pentagon and our nations security deserve a senateconfirmed secretary of defense to be in place and on the job. So i would urge my colleagues to join me in supporting his confirmation as soon as it can reach the floor. Now, mr. President , on one final matter. The senate is in the midst of considering bilateral tax treaties with spain, switzerland, japan, and luxembourg. If yesterdays overwhelming votes on the first protocol are any indication, all four will be ratified with huge bipartisan margins by the end of the day. And american businesses and workers in all 50 states will be thrilled to finally be back on fair footing. The details of these nuance agreements are complicated. But the Core Principles are quite simple. Foreign trade and International Investment are key cornerstones of the u. S. Economy. Major parts of proud american businesses and hundreds of thousands of hardworking americans jobs are oriented around trade with these four nations. So their governments and our governments sit down and negotiate which country will tax which kind of activities. The result is more clarity, more certainty, and a lot less unfair double taxation that has cost american businesses millions and millions of dollars. So let me say clearly, mr. President , the years of delays in getting these noncontroversial treaties ratified have cost american businesses that employ American Workers millions and millions of dollars. Inaction on this subject has needlessly, needlessly put our firms that employ all of our constituents at a complete disadvantage and delayed Capital Investments that could have helped American Workers. Let me bring this home with some numbers. Ive mentioned one kentucky manufacturer that produces more than a third, a third of all the stainless steel that america makes. They employ 1,500 people. I happen to know this firm is contemplating a Capital Investment of more than 30 million that would benefit kentucky workers and provide a shot in the arm to the local economy. But theres been a wrinkle. Because this one employer had to pay a 15 million tax bill back in april because we hadnt ratified the agreement with spain. And if the delay had continued listen to this, mr. President if the delay had continued, an additional 35 million Tax Liability would have been next had we delayed. If the senate had not finally acted on this, this single american manufacturer would have owed 50 million in unnecessary or redundant taxes had we not acted. For nearly six years this manufacturer has been laboring on an unfair Playing Field that discouraged them from making investments that could have expanded operations and created more jobs in kentucky and elsewhere in america. In fact, mr. President , id like to request unanimous consent that the news story containing their c. E. O. s statement on yesterdays ratification of the spain treaty be included in the record. The presiding officer without objection. Mr. Mcconnell so multiply this kind of story by all the other numerous, significant Kentucky Companies whom these agreements affect. Then multiply by 50 states because u. S. Businesses from coast to coast interact with these four nations. Then consider how many hundreds of thousands of workers all these companies employ. Thats the scale of what were talking about. The highest consequences. So i know job creators across the country are thrilled that the senate is finally moving forward this week. And im certainly proud to have helped resolve this matter. But curiously, mr. President , it seems not all of our colleagues are thrilled. Dont get me wrong. The vote totals on the floor spoken volumes. The cloture vote on the spain agreement was 941. Just one senator in opposition. And the treaty was ratified yesterday 942. But i was curious to hear one colleague of ours come to the floor yesterday and passionately argue against what ive done as majority leader to support these agreements. As the member himself stated, he has made obstructing these tax treaties a yearlong personal project. The United States and spain agreed on this protocol back in 2013. Spain ratified it in 2014. Thats when it also arrived here in the senate. But for motherly six years but for nearly six years, hes worked to stall ratification. I know because on multiple occasions, i sought unanimous consent to secure Senate Ratification of this protocol. During that time, he has tried and failed to persuade Treasury Departments of two different administrations to insist on certain changes that would have required reopening international negotiations. He tried and failed to persuade his colleagues on the Foreign Relations committee that his ideas were so necessary that we should risk scu scuttling the we treaty over them, scuttling all the treaties over them. He tried to persuade the whole senate. At every step Senate Branch officials and Senate Colleagues have tried to engage his concerns in good faith but for six years in the case of the spain treaty, eight years with respect to switzerland, and nine years with respect to luxembourg, he was unable to persuade anybody over nine years. All that time no one was persuaded. Partly because the changes he demanded dont solve a real problem. Partly because they would have forced reopening the treaties for even more negotiations. And partly because everybody else was actually listening to the job creators who have been pleading with us for years to get this mill stone off their necks. Nine years, nine years of rejecting reasonable counteroffers and accommodations, nine years of working to hold up these treaties in trying to sell the obama administration, the trump administration, and Senate Colleagues on an offthewall story that failed to persuade anyone. Now look, im a patient man. But my patience is not inexhaustible. After unanimous consent was denied on multiple occasions, i determined after consulting with the treasury secretary, the chairman of the Foreign Relations committee that i prepared to file cloture on these tax protocols. Yet even after this whole journey, mr. President , our colleague still was not blocked or shut out of the process. He had his opportunity. A few weeks ago, he had the opportunity to offer amendments to protocols in committee. They failed on a vote of 175. Last night, we put two more of his amendments up for votes here on the floor. They went nowhere. Nine years is long enough. In fact, its far too long. Too long for our u. S. Businesses to have been either paying needless double task force or de double taxes or deferring huge amounts of money in Dividend Payments that could otherwise have been invested right here at home. Year after year, money that could have been immediately used to hire americans or make new investments had to either be frozen up or handed over in duplicate taxes. All in large part because one of our colleagues could not accept that one single senator who hasnt persuaded his fellow members is not entitled to singlehandedly rewrite international treaties. No wonder all kinds of american employers came out of the woodwork yesterday and urged the senate to reject this misguided amendment and waste no more time in ratifying these treaties. I dont know why the senator believes he was close to a breakthrough after his years of effort. Hope springs eternal, i suppose. Even if he had convinced the administration or his colleagues the u. S. Government would have had to reopen the treaties for negotiation all over again with the other party, which would almost certainly have brought about changes that they wanted. No wonder President Trumps Treasury Department expressed opposition to these amendments. The treasury told senators yesterday that going back and inserting these changes could force a yearslong renegotiation of the treaties themselves. Jeopardizing their ratification and have a significant adverse impact on americas standing among the international community. Well, mr. President , im not quite sure what all these years of heel dragging will have accomplished except impose unnecessary taxes on kentucky employers and deferring investments in the United States. I cant see anything to show for this crusade except hurting american businesses for the better part of a decade, all to no effect, but im glad we can turn the page this week and get these treaties on the books. I havent been able to identify a constituency for which he has advocated. But i know that my actual constituents in carroll county, real people in kentucky, are sure glad the senate has taken this important action. Its the right thing to do for the country. Its the right thing to do for kentucky workers and all the employers nationwide who have been waiting and waiting for this unfair competitive disadvantage to be removed. Im glad thats exactly what were doing this week. Now, mr. President , i understand there is a bill at the desk due a second reading. The presiding officer the clerk will read the title of the bill for the second time. The clerk h. R. 1327, an act to extend authorization for the september 11 Victim Compensation fund of 2001 through fiscal year 2092, and for other purposes. Mr. Mcconnell in order to place the bill on the calendar under the provisions of rule 15, i would object to further proceedings. The presiding officer objection having been heard, the bill will be placed on the calendar. The presiding officer under the previous order, the leadership time is reserved. Morning business is closed. Under the previous order, the senate will proceed to executive session to resume consideration of the following treaty which the clerk will report. The clerk treaty doc. 1121, protocol amending Tax Convention with swiss confederation. Mr. Thune mr. President. The presiding officer the majority whip. Mr. Thune mr. President , after years of economic stagnation during the obama administration, were experiencing an economic revival. Thanks to republican economic policies, the economy has taken off during the trump administration. Unemployment is near its lowest level in half a century. June marked the 16th month that unemployment has been at or below 4 . For 15 straight months, 15 straight months, we have had more job openings than americans looking for work. Right now, there are roughly 1. 6 million more job openings than americans looking for work. Thats the largest margin ever recorded. June also marked the 11th straight month that wage growth has been at or above 3 . Before 2018, wage growth had not hit 3 in nearly a decade. And importantly, the benefits of this Economic Growth are being spread far and wide. Ordinary americans are seeing bigger paychecks, more jobs, and more opportunities. Over the past three years, pay hikes for the lowest income workers have grown the fastest. Huge numbers of new bluecollar jobs have been created. And unemployment rates for minorities have decreased substantially. The unemployment rates for asian americans, african americans, and hispanic americans are all at or near record lows. Mr. President , while our economy as a whole is thriving, there is one segment of our economy thats not fully enjoying the Economic Growth that we have been experiencing. While our nations farmers and ranchers have seen benefits from tax reform, years of commodity and livestock prices that are below the cost of production, protracted trade disputes, and natural disasters mean our agricultural economy is trailing behind the economy as a whole. Im privileged to represent south Dakota Farmers and ranchers here in the United States senate and addressing the needs of these hardworking americans is one of my top priorities. Recently, i was very pleased to be able to help persuade the department of agriculture to move the hay and grazing date to september 1 for this year for cover crops on prevent plant acres. This will allow farmers and ranchers in northern states like south dakota to sow cover crops without worrying they wont be able to harvest or graze them before Winter Weather sets in. Cover crops help farmers by improving soil health to improve future yields. They can save farmers significant money by improving an important source of feed. That second benefit is particularly important for farmers right now. Due to last years severe and lengthy winter, feed supplies disappeared, leaving no reserves. Corn stocks, the source of grazing and bedding, will be in short supply this year and so will the supply of alfalfa due to winter kill. Cover crops will be crucial to alleviating this feed shortage. If necessary, i will be encouraging the Agriculture Department to release Conservation Reserve Program acres for emergency hay and grazing this year to further address the feed shortage. Mr. President , the best source of information about what farmers and ranchers need is the farmers and ranchers themselves. Right now, producers are telling me that what they need more than anything else is Market Access for their products around the globe. Farmers and ranchers depend on trade. Our nations farmers and ranchers dont just sell their products here at home. They sell them around the world. In my home state of south dakota, we export a substantial portion of the Agricultural Products that we produce. Right now, though, farmers and ranchers are facing a lot of uncertainty when it comes to trade. While farmers appreciate the assistance the administration has provided to offset the lower Commodity Prices resulting from current u. S. Trade policies, they would prefer to receive a check from selling their products instead of from the government. Farmers are deeply concerned that their access to Global Markets which has already diminished will continue to erode as u. S. Agricultural products continue to be replaced by those from foreign competitors. Thats why passing the United Statesnextcanada trade agreement and wrapping up the other trade agreements the u. S. Is negotiating has to be a priority. I have repeatedly relayed this message to the president and to key members of his administration, and i will continue to do so. While i strongly support the administrations goal of strengthening Market Access for our nations farmers and ranchers, the most urgent need right now is to give farmers certainty about what International Markets are going to look like. Agreements with china, japan, and the European Union all need to be concluded quickly to end current trade and market uncertainties. And we need to pass the alreadynegotiated United Statesmexicocanada agreement as soon as humanly possible. This agreement will preserve and expand Market Access for farmers and ranchers in two of our nations most significant structural export markets, canada and mexico. Of particular interest to the rapidly growing dairy industry in south dakota, usmca will expand Market Access for u. S. Dairy products in canada. The u. S. International trade commission estimates that the agreement will boost u. S. Dairy exports by more than 277 million. The agreement will also expand Market Access for u. S. Poultry and ag producers, and it will make it easier for american producers to export wheat to canada. Senate republicans, mr. President , are ready to pass this agreement as soon as the president formally submits it to congress. We are just waiting. We are waiting for democrats in the house who have still not indicated that they are ready to take up the agreement despite the significant steps taken to address their priorities. It is high time for the democrats in the house to make it clear that they are ready to approve this agreement and allow our nations Agricultural Producers to start seeing the benefits. Mr. President , i will continue to fight to get usmca passed as soon as possible, and i am honored to represent thousands of farmers and ranchers here in the United States senate. I am proud that republican economic policies have been lifting americans across the economic spectrum, and i will continue to work to get our nations agricultural economy going again so that our nations farmers and ranchers can prosper and thrive. Mr. President , i yield the floor. I suggest the absence of a quorum. The presiding officer the clerk will call the roll. Quorum call quorum call mr. Schumer mr. President . The presiding officer the democratic leader. Mr. Schumer now, last night we received the news that justin John Paul Stevens passed away the presiding officer senator, we are mr. Schumer i ask unanimous consent that the quorum call be dispensed with. The presiding officer without objection. Mr. Schumer last night we received the sad news that Justice John Paul stevens passed away at the age of 99. A lifelong chicago cubs fan and shakespearean scholar, what a combination. He was the longest serving justice on the Supreme Court in the nations history. The length of his tenure meant that the jurisprudence of Justice Stevens left a mark on nearly ever area of the law and just as remarkable as the length of his tenure was was his quality. Justice John Paul Stevens was a champion for civil rights, equality, accountability, who devoted his life to the ideal of equal justice under the law. He worked to constrain the use of the death penalty, defend abortion rights, articulate the bounds of president ial power very needed today, and believed that unraveling the limits on Corporate Campaign spending, quote, threatens to undermine the integrity of elected institutions across the nation. He was so right. And the fact that leader mcconnell and all our republican friends lead the charge in allowing so much corporate money money of the very wealthy, to cascade into our system. Well, Justice Steve seniors in heaven reminding them of what theyre doing to faith in our democratic institutions. Stevens was at times an iconoclast. He was willing to buck conventional approaches and have his own views evolve. One constant, however, was his courtesy during oral arguments. Hed beam begin with the preface, may i ask a question, as if the counsel were doing him a favor. And out of respect, on his last day on the bench, lawyers and spectators throughout the Supreme Court chamber wore his signature bow tie in his honor. A more fitting tribute than anything i could say here on the senate floor. Justice stevens was a great man, a model jurist, wise, fair, compassionate, comparing about the little guy and gal. Our judiciary today needs more like him. There are too many on the Supreme Court who are virtually the opposite of what stevens stood for. He will be sorely missed. On a different subject, it is certainly abhorrent that leader mcconnell has said we should moved on from the president s comments this weekend without him even pausing to condemn them. But thats not the only subject that leader mcconnell is stifling debate on in this chamber. The size of leader mcconnells legislative graveyard grows each session. Leader mcconnell has stood in the way of progress on a multitude of issues. Health care in his legislative graveyard. Climate change in his legislative graveyard. Voting rights in his legislative graveyard. Gun safety in his legislative graveyard. Paycheck fairness in his legislative graveyard. When leader mcconnell refuses to even debate these issues and allow them to be amended, he hurts average americans. He hurts americans of all colors and all creeds. He hurts americans whether they have been in this whether they are countries have been in this country for 12 generations or they are new immigrants, new americans in this country. So many issues Health Care Costs going through the roof. Drug costs going through the roof. Mcconnell doesnt let us vote on them. Preexisting conditions and the right to be protected if you have one. So if your son or daughter has cancer, the Insurance Company cant say, im cutting you off and you watch that child suffer and you cant give him or her the health care they need. Mcconnell no debate, no change. In fact, so many republicans are silent on the lawsuit that President Trump and 19 republican attorneys general filed that would get rid of preexisting conditions. Climate change. We know whats happening to our planet. Ask senators from anywhere on the coast, anywhere where weve had disasters, talk to our farmers in terms of temperatures and predators, natural pests. The world is changing. Were doing nothing about it. He wont lit a single bill on that. Vote he wont let a single bill on that. Voting rights where people are being deprived of gun safety, where thousands lose their lives. We need to close loopholes that 90 of americans support. Let me focus on one of them, health care hurts every american, every religion, every creed. Health care is the number one issue in the minds of most american families. Millions of families across the country are still struggling with how to afford health care, how to afford prescription drugs. But at the moment the trump administration, as i mentioned, is actively supportings a lawsuit that was dismantled that would actively dismantle the Health Care Protections we have today. Tens of millions tens of millions would lose coverage and see premiums rise up to 133 million americans, close to half of us, who have preexisting conditions would see their protections vanish. And yet leader mcconnell has not allowed this chamber to vote on whether the senate can intervene in that lawsuit, let alone on any legislation that would improve our health care system. Astonishingly, many republicans are Many Senate Republicans are publicly rooting for the trump administrations lawsuit to succeed, even if it means plunging our country into a health care crisis. And as i mentioned, health care is far from the only subject that leader mcconnell has prevented the senate from debating. Later today my friend from hawaii, senator schatz, will host the first hearing of the Senate Democrats special committee on the climate crisis, bringing in mayors from across the country to talk about how their cities are combating climate change. This senate, because of senator mcconnells graveyard, may sit on its hands and do nothing. But our cities and states have no choice but to do something. Theyre closer to the people. Theyre doing stuff. Well hear about it today. Climate change is the greatest threat to our planet, and leader mcconnell wont even let the Senate Debate the issue. This will go down in history poorly for all our republican friends who back that up, which is just about every one. We had to form our own committee, because republicans wont join a Bipartisan Committee to discuss this. In his time as majority leader, senator mcconnell has brought forward exactly one bill to address climate change, and it was so that his party and he could vote against it. A sham, a ruse, a trick which flopped. Leader mcconnell has provided no way for the senate to even debate the matter. How are we supposed to compromise, make progress, if the Senate Leader refuses to allow us to debate any legislation . How can america make progress, even when the house moves forward, when the senate has become a legislative graveyard . For so many issues . On climate change, health care, and so many other issues, leader mcconnells legislative graveyard is standing in the way of progress for average american families. I yield the floor. I note the absence of a quorum. The presiding officer the clerk will call the roll. Quorum call . Quorum call the presiding officer without objection. Mr. Schumer i ask that the 11 00 vote series start now. The presiding officer without objection. The amendments to the treaty are withdrawn and the clerk will report the resolution of ratification. The clerk resolution of advice and consent to ratification of the protocol to the Tax Convention with switzerland. The presiding officer the question occurs on the resolution of ratification. Mr. Schumer i ask for the yeas and nays. The presiding officer is there a sufficient second . There appears to be. The clerk will call the roll. Vote vote vote vote the presiding officer on this vote the yeas are 95. The nays are 2. Twothirds of the Senate Voting having voted in the affirmative, the resolution of ratification is agreed to. The clerk will report the next treaty. The clerk calendar number 3, treaty doc 1141, protocol amending the Tax Convention with japan. 444. The presiding officer under the previous order the amendment to the treaty the amendments to the treaty are withdrawn and the clerk will report the resolution of ratification. The clerk resolution of advice and consent to ratification of the protocol to the Tax Convention with japan. The presiding officer the question occurs on the resolution of ratification. Is there a sufficient second . There appears to be. The clerk will call the roll. Vote vote