[Congressional Record Volume 165, Number 119 (Tuesday, July 16, 2019)]
[Senate]
[Pages S4845-S4847]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                 Trade

  Mr. THUNE. Madam President, a number of my colleagues were here just 
a few moments ago talking about trade and the impact of trade on 
agriculture. I have been down here a lot on the floor to talk about the 
ag economy in recent weeks. If you look at our economy as a whole, it 
is thriving, but our Nation's farmers and ranchers are still having a 
tough time, thanks to years of commodity and livestock prices that are 
below production cost because of protracted trade disputes and now, on 
top of that, natural disasters.
  One of the most important things we can do to help our agricultural 
economy is to negotiate favorable trade agreements for U.S. producers. 
Our Nation's farmers and ranchers depend on trade. In my home State of 
South Dakota, we export a substantial portion of the agricultural 
products we produce.
  Right now, though, farmers and ranchers are facing a lot of 
uncertainty when it comes to trade. There are a number of outstanding 
trade agreements, and farmers and ranchers are unsure what the rules of 
the road are going to look like in the future. That is why I have urged 
the administration to

[[Page S4846]]

wrap up negotiations on the various trade deals under consideration as 
swiftly as possible.
  I strongly support the administration's goal of strengthening market 
access for our Nation's farmers and ranchers, and we have made real 
progress in negotiations. Now it is time to push for a conclusion to 
these deals and give our Nation's agricultural producers certainty 
about what international markets are going to look like.
  There is one deal, however, that we don't need to wait for; that is, 
the United States-Mexico-Canada Free Trade Agreement. Negotiations on 
this trade agreement are finished. Mexico has already passed the 
agreement, and Canada is just waiting for the United States to act. All 
we need is for Speaker Pelosi to indicate her willingness to take up 
this deal, and the President will formally submit the agreement to 
Congress for approval.
  The United States-Mexico-Canada Free Trade Agreement is a big win for 
our Nation's farmers and ranchers. Canada and Mexico are the No. 1 and 
No. 2 export markets for American food and agricultural products. The 
United States-Mexico-Canada Agreement will preserve and expand farmers' 
access to these critical markets and give farmers certainty about what 
these markets will look like long term.
  I am particularly pleased with the improvements the agreement makes 
for U.S. dairy producers. Dairy is an important and rapidly growing 
industry in South Dakota. Drive the I-29 corridor north of Brookings, 
and you can see firsthand what massive dairy expansion we have 
experienced in South Dakota over the past few years.
  The U.S.-Mexico-Canada Agreement will preserve U.S. dairy farmers' 
role as a key dairy supplier to Mexico, and it will substantially 
expand market access in Canada, where U.S. dairy sales have been 
restricted.
  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 egg producers. It 
will make it easier for U.S. producers to export wheat to Canada.
  I have spent my time today talking about the agricultural industry, 
but, of course, this agreement goes much further. The United States-
Mexico-Canada Agreement will benefit virtually every sector of our 
economy, from manufacturing to digital services to the automotive 
industry. It will create 176,000 new jobs, grow our economy, and raise 
wages for workers.
  It is time to pass this agreement and to realize its economic 
benefits. Senate Republicans are ready; we are ready to approve this 
agreement once the White House submits it to Congress. We are just 
waiting for Democratic leaders in the House to indicate their 
willingness to take up the deal. It is time for them to do so.
  Democrats' concerns have been more than addressed throughout the 
negotiation process. The final trade agreement is perhaps the most 
worker-friendly trade agreement the United States has ever considered. 
It is a big improvement on the North American Free Trade Agreement--the 
agreement under which we are currently operating--on the issues over 
which Democrats have expressed concern.
  If they are serious about making progress on these issues and are not 
just trying to sink the U.S.-Mexico-Canada Agreement with specious 
objections, Democrats should give the President the go-ahead and take 
up and pass this agreement in the near future.


                   nomination of Peter joseph Phipps

  Mr. TOOMEY. Madam President, I rise to speak in support of the 
nomination of Judge Peter Phipps of the U.S. District Court for the 
Western District of Pennsylvania to be a U.S. Circuit Judge for the 
Third Circuit.
  Judge Phipps is highly qualified to serve on the Third Circuit. He 
has dedicated his legal career to public service, first as a decorated 
career attorney at the U.S. Department of Justice and now as a Federal 
trial judge. As both a judge and a lawyer, he has been a faithful 
adherent to the rule of law.
  Senator Casey and I supported Judge Phipps' nomination to the 
district court. He was recommended to us by the bipartisan judicial 
advisory panel that we use to vet and recommend candidates to fill 
district court vacancies in the Western District of Pennsylvania. In 
2018, the Senate easily confirmed Judge Phipps to the district court by 
voice vote after the Senate Judiciary Committee reported him to the 
floor by voice vote.
  Before joining the bench, Judge Phipps served for 15 years as a 
career attorney in the U.S. Department of Justice's Civil Division, 
where he worked under three Presidential administrations of both 
parties. He represented the Federal Government in numerous complex 
cases and received multiple awards for his excellent work. Since 2014, 
he has served as an adjunct law professor at Duquesne University, where 
he teaches administrative law. Earlier in his career, he clerked for 
Chief Judge Guy Cole on the U.S. Court of Appeals for the Sixth Circuit 
and worked as a commercial litigator in private practice. Judge Phipps 
is a graduate of the University of Dayton and Stanford Law School.
  Judge Phipps has an outstanding reputation for intelligence, 
professionalism, fairness, and integrity, but you do not have to take 
my word for it. Here are few examples of how others have described him.
  The American Bar Association has rated him well-qualified on the 
basis of his integrity, professional competence, and judicial 
temperament. Minority Leader Schumer and Senator Leahy, the former 
chairman of the Senate Judiciary Committee, have called the American 
Bar Association's rating ``the gold standard by which judicial 
candidates are judged.''
  Senator Graham, the chairman of the Senate Judiciary Committee, 
stated after Judge Phipps' nomination hearing on June 5, 2019 that 
Judge Phipps ``is one of the most impressive nominees for the U.S. 
Circuit Courts that has appeared before the Committee. He is incredibly 
smart and well balanced. Mr. Phipps will be a great addition to the 
Third Circuit.''
  At Judge Phipps' district court investiture on December 18, 2018, 
Chief Judge Cole of the Sixth Circuit, an appointee of President Bill 
Clinton, said that Judge Phipps ``has earned a reputation for honesty, 
trustworthiness, great character, humility and professionalism.'' In 
addition, Chief Judge Cole stated that Judge Phipps ``has a brilliant 
mind, endless curiosity, and an even temperament. He will treat all who 
come before him equally and apply a strong work ethic to each and every 
matter. In short, Judge Phipps will be fair and just in the truest 
sense of those words.''
  Leon Panetta, Secretary of Defense under President Barack Obama, has 
written to the Senate in support of Judge Phipps' nomination. He worked 
closely with Judge Phipps on a legal matter when he was Secretary of 
Defense. His letter states: ``Throughout the many hours we spent with 
one another I was repeatedly impressed by Peter's legal acumen, 
dedication, attention to detail, and integrity. I have come to know 
Peter to be a faithful public servant and an excellent attorney. I am 
very pleased that he has been nominated to give his time and talents to 
the bench. I believe Peter will serve with honor and highly recommend 
his confirmation.''
  The Senate has also received enthusiastic letters of support for 
Judge Phipps' nomination from attorneys who have litigated with and 
against him, including former colleagues from the U.S. Department of 
Justice. For instance, one group of attorneys praised Judge Phipps as a 
``model jurist'' who has a ``piercing intellect'' and ``deep knowledge 
of the law.'' Similarly, a group of his former colleagues from the U.S. 
Department of Justice wrote: ``Judge Phipps' generosity, perspective, 
commitment to the rule of law, and selflessness--in addition to his 
intelligence and extensive experience--will make him a superb appellate 
judge.''
  I am confident that Judge Phipps will live up to this high praise on 
the Third Circuit. He has all the essential qualities needed to excel 
as a Federal appellate judge: experience, intelligence, integrity, and 
respect for the limited role of the judiciary in our constitutional 
system. I am pleased to support this highly qualified nominee and urge 
my colleagues to do the same.
  Mr. THUNE. I yield the floor.
  The PRESIDING OFFICER (Mr. Cramer). Under the previous order, the 
question is, Will the Senate advise and consent to the Phipps 
nomination?

[[Page S4847]]

  

  Mr. MORAN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet), 
the Senator from New Jersey (Mr. Booker), the Senator from New York 
(Mrs. Gillibrand), and the Senator from California (Ms. Harris) are 
necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 56, nays 40, as follows:

                      [Rollcall Vote No. 205 Ex.]

                                YEAS--56

     Alexander
     Barrasso
     Blackburn
     Blunt
     Boozman
     Braun
     Burr
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Enzi
     Ernst
     Fischer
     Gardner
     Graham
     Grassley
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Isakson
     Johnson
     Jones
     Kennedy
     Lankford
     Lee
     Manchin
     McConnell
     McSally
     Moran
     Murkowski
     Paul
     Perdue
     Portman
     Risch
     Roberts
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Shelby
     Sinema
     Sullivan
     Thune
     Tillis
     Toomey
     Wicker
     Young

                                NAYS--40

     Baldwin
     Blumenthal
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Hassan
     Heinrich
     Hirono
     Kaine
     King
     Klobuchar
     Leahy
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Smith
     Stabenow
     Tester
     Udall
     Van Hollen
     Warner
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--4

     Bennet
     Booker
     Gillibrand
     Harris
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid upon the table, and the 
President will be immediately notified of the Senate's action.

                          ____________________