Congressional Record, Senate, December 9, 2020 — Motion to Discharge S.J. Res. 77
Summary
A page of the Congressional Record, Senate, dated December 9, 2020, beginning at page S7296, in a long document that centers on a motion to discharge S.J. Res. 77. The page opens with remarks defending Xavier Becerra's qualifications to be Secretary of Health and Human Services against Republican complaints about Cabinet nominees. Mr. Menendez then moves, pursuant to the Arms Export Control Act of 1976, to discharge the Foreign Relations Committee from S.J. Res. 77, a joint resolution of disapproval of the proposed foreign military sale to the United Arab Emirates of certain defense articles and services, which he says totals $23 billion and includes F-35s and MQ-9s, and argues the administration bypassed congressional review. Mr. Murphy later speaks against the sale, citing the war in Yemen and the UAE's human rights record.
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“Congressional Record, Senate, December 9, 2020 — Motion to Discharge S.J. Res. 77.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-09-crec-2020-12-09-pt1-pgs7296-912989ae48/
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S7296 CONGRESSIONAL RECORD — SENATE December 9, 2020
I’m not sure what his Health and Human Mr. MENENDEZ. Mr. President, If we aren’t going to be willing to ask
Services credentials are. It’s not like Alex today I am asking our colleagues to these questions, then we have to think
Azar who used to work for pharma. stand up for two very important prin- about the magnitude of the sale with-
With all due respect to the senior ciples. One is the congressional over- out caring about the consequences.
Senator from Texas, working for the sight over arms sales abroad and, sec- I have heard a number of my col-
pharmaceutical industry is not the ondly, to ensure that these sales, in leagues advocate in support of these
only way to get experience in fact, promote and protect the long- sales because they believe it will help
healthcare. Some might argue it is the term national security of the United our like-minded partners better pos-
wrong kind of experience for an HHS States. ture against Iran. Now, no one is more
Secretary. Colleagues, I wish we didn’t find our- clear-eyed in this Chamber or has pur-
The truth is, Xavier Becerra is emi- selves in the position of having to dis- sued Iran and its threat of nuclear
nently qualified. He worked in the cuss our concerns with this sale in this weapons more than I, and we are clear-
House of Representatives for two dec- kind of forum. The United Arab Emir- eyed about the threat Iran continues to
ades, always very involved in advanc- ates has, indeed, been an important pose to national security interests, but
ing the healthcare of his constituents, partner in the fight against terrorism we have yet to understand exactly
and he has a particularly long track and across the region and, I believe, what military threat the F–35s or
record as an advocate of women’s will continue to do so. However, a sale armed drones will be addressing vis-à-
health. As the attorney general of Cali- of this magnitude requires the appro- vis Iran. Furthermore, according to the
fornia, he became one of the foremost priate due diligence. Trump administration, as recently as
legal experts on our Nation’s For the past few decades, the execu-
last year, the UAE continued to host a
healthcare laws. tive branch has respected the congres-
number of companies that facilitated
I must say, it is particularly rich for sional oversight of the arms sales proc-
Iranian financial transactions in viola-
this Republican majority to raise ‘‘con- ess, a critical piece of which is an in-
tion of various U.S. sanctions.
cerns’’ about whether Biden Cabinet formal review period during which we
So Iran is a threat, but you are help-
nominees have every last pristine qual- get answers to pressing questions. We
ing it facilitate U.S. financial trans-
have an opportunity to review sen-
ification for their posts. Not so long actions. It is not that I have said so but
sitive information so that, when sales
ago, nearly every Republican in this that the Trump administration has
come up for the formal notification,
Chamber lined up to make an oil exec- said so. Meanwhile, over the past year,
which is what we have before us now,
utive the Secretary of State. I don’t re- Iran has ramped up its nuclear capa-
we have a clearer path forward. Unfor-
member too many Republican ‘‘con- bilities amidst American diplomatic
tunately, in this case, the Trump ad-
cerns’’ when President Trump nomi- fallout.
ministration decided to simply ignore
nated a retired neurosurgeon to be the So, if we really want to talk about
congressional rights here and the re-
Secretary of HUD or when he put Rick countering Iran, we need a comprehen-
view process, formally notifying the
Perry in charge of the Department of sive, diplomatic strategy. Arming part-
sales of these complex weapons sys-
Energy—an agency he wanted to abol- ners with complex weapons systems
tems, along with other weaponry, to-
ish before learning it maintained the that could take years to come online is
taling $23 billion.
Nation’s nuclear stockpile and that he Beyond obliterating the congres- not a serious strategy with which to
would be in charge of it. If memory sional review process, the administra- confront the very real and timely
serves, this Senate Republican major- tion also seems to have rushed through threats from Iran.
ity confirmed a Secretary of Education the interagency review of a sale of this I have also heard some of our col-
whose only qualification for the job magnitude. Whereas, a sale of this leagues argue that, if we do not sell
was she used her inherited fortune to scope would normally merit months these weapons, the UAE will turn to
try to privatize American schooling. and months of detailed deliberations China and Russia. Well, let’s be clear:
Look, the country needs to move on between the Departments of Defense They already do. They already do. Our
from the past 4 years, but Senate Re- and State, this sale was announced own Department of Defense’s inspector
publicans can’t pretend like it never with more missing than a few dotted i’s general recently reported that the UAE
happened. After the sordid caliber of and crossed t’s. may be funding the Russian mercenary
nominees that this Republican major- I will go into more detail later before Wagner Group in Libya. U.N. reporting
ity confirmed over the past 4 years, it we vote, but the bottom line is that implicates the UAE’s use of Chinese-
will be impossible to take these com- there are many outstanding issues that manufactured drones, in violation of
plaints about Biden’s nominees very se- are critical to U.S. national security the U.N. arms embargo, also in Libya.
riously. that have not been addressed, includ- So, while I absolutely agree that we
I yield the floor. ing, by way of example, the United have to counter Chinese and Russian
I suggest the absence of a quorum. Arab Emirates’ present and future influence in the region, again, this re-
The PRESIDING OFFICER (Mr. ROM- military relationships with Russia and quires a real strategy, not simply more
NEY). The clerk will call the roll. China. My understanding is that there arms. Isn’t this a conversation and a
The senior assistant legislative clerk are negotiations to have with China re- commitment that we should get in
proceeded to call the roll. garding an airstrip for the Chinese writing from the UAE as part of such
Mr. MENENDEZ. Mr. President, I ask military off of the UAE. Is that in the an arms sale? We don’t have that. Fur-
unanimous consent that the order for national interest and security of the thermore, if we go forward with these
the quorum call be rescinded. United States? sales, yet deny similar requests to
The PRESIDING OFFICER. Without Should we not have a definitive com- countries like Qatar or Saudi Arabia,
objection, it is so ordered. mitment from the UAE that it will not where will they go for their advanced
f move forward if these arms sales move weaponry to keep pace, and what reac-
forward, including with the most so- tion will Iran have to them? Do we
MOTION TO DISCHARGE—S.J. RES. phisticated stealth jet fighter that we really think we can sell this just to the
77 have? How do we work to safeguard UAE and not have those other coun-
Mr. MENENDEZ. Mr. President, pur- U.S. technology? the guarantees we tries come knocking on our door, start-
suant to the Arms Export Control Act will have in place about how U.S.-ori- ing a very sophisticated arms race in a
of 1976, I move to discharge the Foreign gin weapons will be used given the tinder box of the world?
Relations Committee from further con- Emirates’ history of transferring weap- Finally, let me be very clear: I ap-
sideration of S.J. Res. 77, a joint reso- ons to a terrorist organization and vio- plaud the Abraham accords as a histor-
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lution providing for congressional dis- lating the U.N. arms embargo in ical turning point for Israel and the
approval of the proposed foreign mili- Libya? the longer term implications of Arab world. These new, formal rela-
tary sale to the United Arab Emirates an arms race in the region? and then, tionships have the possibility of trans-
of certain defense articles and services. yes, the impact that it could have on forming the region much more broadly
The PRESIDING OFFICER. The mo- both our and Israel’s qualitative mili- and bringing peace, stability, and pros-
tion is pending. tary edge? perity to people who desperately want
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7297
and deserve it. Yet, as the administra- role in the sale of arms to foreign na- This is the first time that we would
tion and the Emirates have continued tions, administration after administra- sell these incredibly lethal, incredibly
to stress, these sales are neither a re- tion, Republican and Democrat, has ob- complicated technologies into the
ward nor are they part of these ac- served a period of consultation with heart of the Middle East—a region
cords. Congress in which the administration that, arguably, is not in need of more
So why can’t we take a little more comes to the Senate Foreign Relations weapons.
time to really assess the best way for- Committee, comes to the House For- What we risk doing here is fueling an
ward? We are in the midst of promoting eign Relations Committee, presents the arms race. Today we may be selling the
a sale—this is the administration—that reasons for the sale, and then addresses F–35s and the MQ–9s to the UAE, but
has some of the most significant trans- concerns raised, often in a bipartisan the Saudis are going to want it, the
fers of advanced U.S. technology with- manner, by Republicans and Demo- Qataris have already requested it, and
out clarity of a number of key details crats. it just fuels Iran’s interest in con-
regarding the sale or sufficient answers Again, this has happened in both tinuing to build up its own military
to critical national security questions. Democratic and Republican adminis- program.
This is far more than about congres- trations, with Democratic and Repub- But, more specifically to this sale, we
sional prerogative, although I would lican Congresses, and often that con- have to ask ourselves whether the UAE
argue that it is a critical element of sultative process results in issues that is ready for this technology or whether
our policies on arms sales; this is about Congress has being resolved so that their behavior over the past several
national security concerns to which we you never have to have a vote on the years makes them an unworthy part-
should have an answer before those Senate floor. ner for this set of highly complicated
arms sales move forward. Something different happened with U.S. defense technology.
Again, colleagues, the bottom line is this sale. The administration was so I will stipulate, as I think every
this: There are far too many out- desperate to rush through the sale be- Member of this body will, that the UAE
standing questions and very serious fore the end of their administration is often a very important ally of the
questions about long-term U.S. na- that they blew through the consulta- United States. There is an important
tional security interests. Perhaps, tion process. It just didn’t happen. cooperative relationship that exists be-
There was no ability for the Senate tween the United States and the UAE.
after considerable engagement with
Foreign Relations Committee to weigh We share counterterrorism information
the executive, we would assess that all
in on this particular sale. It was rushed together. We were both involved in the
of these sales do, in fact, advance our
to notice, and our only option was to fight against ISIS. We work together
national security. Given the length of
bring it before the full Senate. to counter Iranian influence in the re-
time it will take for the delivery of
Now, under any circumstances, I gion. And, of course, the UAE’s rec-
these systems, it would seem quite rea-
would argue that the Senate should ognition of Israel is good for the United
sonable to expect to have 40 days to
stand up for our right to have a role. States as well.
evaluate these questions. But for as many places as we cooper-
So I urge my colleagues to stand up The reason that we built in this con-
ate with UAE, there are many points of
for Congress’s role in the process of de- sultative process was because the Sen-
division, and those points of division
termining arms sales as well as for ate was actually unhappy with the
often involve the use of U.S. military
having clear answers to the critical amount of input it had decades ago and
technology against the interests of the
questions that are posed to long-term was threatening to dramatically ex-
United States.
U.S. national security interests. pand its oversight role on arms sales. The UAE has been, for years, in-
I yield the floor. Instead, a deal was worked out in volved in a civil war in Yemen that is
I suggest the absence of a quorum. which the administration said they terrible for U.S. national security in-
The PRESIDING OFFICER. The would come for this consultation. terests. They may not be as involved as
clerk will call the roll. Now it appears that those consulta- they were a couple of years ago, but
The legislative clerk proceeded to tions are no longer the practice. That they are still a barrier to peace. They
call the roll. reduces our role as a foreign-policy- still refuse to make humanitarian con-
Mr. MURPHY. Mr. President, I ask making body. And remember, we have tributions to help the situation on the
unanimous consent that the order for abdicated all sorts of responsibilities ground. So far in 2020, there are zero
the quorum call be rescinded. over the years when it comes to what dollars from the UAE put into the U.N.
The PRESIDING OFFICER (Mr. should be a coequal responsibility to appeal to try to fight off starvation
YOUNT). Without objection, it is so or- set the broad direction of U.S. foreign and cholera inside Yemen.
dered. policy with the executive branch. This At one point, they took U.S. equip-
Mr. MURPHY. Mr. President, I am on would be yet another chip away at ment and they handed it to extremist
the floor today to speak to resolutions Congress’s participation in the setting militias inside Yemen. That is open-
upon which we will begin voting today of U.S. national security policy. I am source reporting. The UAE copped to it
regarding arms sales proposed by the not sure we will ever get it back. when the reporters asked them wheth-
administration to the United Arab But on this sale, in particular, the er they had done it. They gave our
Emirates. consultative process was really impor- equipment to Salafist militias inside a
I am on the floor today to ask my tant because this sale is as big and as theater of war. There are other reports
colleagues to support these resolutions hairy and as complicated as you get. that they were dropping American-
of disapproval upon two grounds: one, We are, for the first time, selling F–35s made TOW missiles out of the sky into
the protection of congressional prerog- and MQ–9 Reaper drones into the heart areas of that country that were con-
ative and, two, a question of U.S. na- of the Middle East. We have never done trolled by al-Qaida-aligned elements.
tional security. it before. There are only 14 countries And they are, right now, as we speak,
First, let me cover the question of that currently operate the F–35, and al- in violation of the Libya arms embar-
congressional prerogative. We have most all of them are NATO allies. Tur- go.
traditionally debated arms sales here key was on the list for a period of time, The U.N. Panel of Experts came to
on occasion, and the reason why we but because they ended up making a the conclusion that the majority of
don’t have constant debates in this choice to go with the Russian missile arms transfers into Libya to the Haftar
body on arms sales, the reason why we defense system, they were taken out of armed forces were either from Jordan
don’t have resolutions on every sale the program. So the partners that re- or the United Arab Emirates. The
that is noticed by the administration, main are the ones that you would sus- panel found that the UAE was in re-
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is because we have built into our prac- pect—Britain, Italy, the Netherlands, peated noncompliance with the arms
tice an ability for the Senate to con- Australia, Denmark, Canada. embargo.
sult with the administration before- There are even fewer countries that And guess what is on the list of the
hand on a bipartisan basis. we have sold Reaper drones to—Aus- weapons that the UAE was transferring
Over the years, since the passage of tralia, France, Italy, the Netherlands, into Libya in violation of a U.S.-sup-
the law allowing for Congress to have a Spain, UK, and India. ported arms embargo—armed drones.
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S7298 CONGRESSIONAL RECORD — SENATE December 9, 2020
We are talking about selling the UAE consult with Congress on it. They prob- American family, our communities.
the most lethal, most advanced armed ably will because they want to do the The human toll of this crisis is crush-
drone technology in the world today, right thing, but anybody who votes ing, and we are up against the clock as
and as we speak, the UAE is in viola- against these resolutions is essentially our hospitals run out of beds.
tion of the arms embargo to Libya, endorsing an end-around of Congress by This crisis has been all-encom-
fueling that civil war, specifically any administration, Republican or passing. In addition to the severe
sending drones into that theater. Democratic. strains on our healthcare system, so
So I am not here to say that we It is also important to say that on many others are being battered by this
shouldn’t be in the security business policy grounds, it is not time to do pandemic.
with the UAE. There are a lot of impor- these sales. There are too many out- Small businesses are closing, and
tant common projects. But the ques- standing questions about who the UAE even more are on the verge of col-
tion is, with a country that is part of transfers weapons to, what they are lapsing if we don’t get them some help.
the problem more often than part of doing in Libya, why they haven’t been Our transportation networks, from
the solution in Yemen, a country that part of the solution in Yemen, and buses to airplanes, have been forced to
is in existing violation of an arms em- what their relationship is with some of lay off staff, cut routes, and in some
bargo in Libya, a country that has just our most important adversaries around cases just discontinue service alto-
within the last several years trans- the globe. Until we satisfy the answers gether.
ferred our weapons to al-Qaida-aligned to those questions, we should not move American families are going hungry.
militias, without resolving those forward with this sale. We have all seen the long lines on the
Finally, there is no threat to the ac- news at night showing the number of
issues, is this the moment to be selling,
cords between UAE and Israel people waiting to get food from food
for the first time ever, F–35s, armed
unwinding if we simply press pause on banks.
drones into the heart of the Middle Too many people are facing home-
East? this sale until those questions are an-
lessness. In New Hampshire, in the city
One last caution. The countries that swered.
I do want to be in business with the of Manchester alone, we have 35 home-
I mentioned on this list are by and
UAE. I think they are an important de- less encampments—35. Two years ago,
large in business with the United
we did not have that number of home-
States and not with China and Russia. fense partner. But I think there is far
less.
The UAE has pretty deep and com- too much at stake with the sale of
Parents are struggling to help their
plicated defense relationships with these weapons right now to rush it children continue their education at
China, Russia, and Chinese and Russian through, and I don’t think there is any home, sometimes with no access to
companies. Query whether we can be downside risk if we were to say ‘‘not broadband or really bad access. We
absolutely certain that the technology now’’ until we get all of our t’s crossed know women are leaving the workforce
on board those fighter jets, those and all of our i’s dotted. because of the strains of trying to pro-
drones, is going to stay in the right Let’s stand up for Congress’s preroga-
vide support to their children and deal
hands. tive on the sale of arms to foreign
with the other challenges of COVID.
There arguably is no other country countries. Let’s slow down this process State and local governments have
on the list for the F–35s that does as that has been rushed, potentially to been stretched to the maximum. In
much business with China and Russia the great detriment of U.S. national se- New Hampshire, we are facing severe
as the UAE does. In fact, as I men- curity. Let’s support these resolutions budgetary shortfalls, and many of our
tioned, we pulled the F–35 program of disapproval this afternoon. communities may have to make some
from Turkey because they are involved The PRESIDING OFFICER. The Sen- difficult decisions to cut first respond-
with Russia on a very complicated and ator from New Hampshire. ers or teachers or other municipal
important ground defense system, and CORONAVIRUS
workers if they don’t get help.
we are just learning about the nature Mrs. SHAHEEN. Mr. President, I We hear every day the number of peo-
of the partnerships that the UAE has come to the floor today to really high- ple who need our help, and they can’t
with the Chinese and the Russians. light the important work that has been wait any longer. This is the holiday
It stands to reason that this would be underway by Members on both sides of season, the end of the year. We are
one of the issues that a consultative the aisle in the Senate and Members on headed into the worst months of win-
process with Congress would resolve. It both sides of the aisle in the House to ter. In New Hampshire, we have res-
also stands to reason that we could try to come up with an agreement to taurants that can no longer be open be-
probably come to a conclusion during deliver urgently needed relief to ad- cause they don’t have outdoor seating.
that consultative process. dress the challenges from the We have small businesses that are wor-
If the UAE really wants those weap- coronavirus that people are facing ried about getting through the next
ons, wants to be the first country in across this country. I also hope that we few months.
the heart of the Middle East to get the can work together to get this across For the past 3 weeks, we have had a
F–35 or the Reaper drones, then I as- the finish line and that Senate leader- group of bipartisan lawmakers in both
sume they would want to be able to as- ship will be willing to join in that ef- the House and Senate—so bipartisan
sure Congress and the administration fort. and bicameral—who have been engaged
that there is no chance of technology I think most of us are painfully in good-faith negotiations to get a re-
transfer into the wrong hands. That is aware of the devastating impact this lief package out the door as swiftly as
what the congressional consultative pandemic has had in communities possible. We were able to reach an
process would have gotten us, but it across our Nation, but the numbers do agreement on a broad bipartisan frame-
didn’t happen in this case, and so we bear repeating. More than 15 million work last week, and we have continued
are stuck with this vote—a means for Americans have been infected with the negotiations around-the-clock since
Congress to stand up for its right to virus, more than 285,000 Americans that was announced.
participate in this question of arms have now died from COVID, and we re- In New Hampshire and throughout
sales. cently hit a new record high of 102,000 this country, our small businesses have
Believe me, my Republican col- people hospitalized with COVID. Just been some of the hardest hit by this
leagues are going to want that right to provide some context, our largest pandemic. In New Hampshire, we are a
when a Democratic administration city in New Hampshire is Manchester. small business State. They are the life-
comes into office. You are not going to It has 112,000 residents. So we have blood of our economy. They account
want to send a signal today to the enough people in the hospital across for 99 percent of all of our businesses
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Biden administration that they don’t this country to fill the city of Man- and more than 50 percent of our work-
have to consult with you as the major- chester. force. In the country as a whole, two-
ity party, potentially, in 2021. But if The situation is dire. People need thirds of our jobs are created by small
you vote against these resolutions, help. Every one of those numbers that businesses.
then you are essentially saying the I have referenced is much more than a In the bipartisan framework that we
Biden administration doesn’t need to number; it reflects an American life, an are negotiating, we have another round
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7299
of the Paycheck Protection Program, of New Hampshire—and that threatens one. The manufacturing and distribu-
which has been instrumental for so their ability to provide essential serv- tion of a safe and effective COVID–19
many of our small businesses since ices. We can’t afford to lose those peo- vaccine are critical to putting an end
back in March when we passed it and ple who provide those services, who, if to this pandemic, to reopening our
created the program in the CARES they are laid off, may be forced to go economy, and to restoring normalcy in
Act. someplace else and won’t be available our society. Our COVID framework
Overall, our bipartisan relief proposal when we have the money to rehire boosts funding for each of these three
would provide significant financial as- them. We can’t afford to lose the teach- priorities.
sistance for our small businesses, for ers, and already we are seeing too When the Senate came together dur-
our restaurants, for our live venues, many teachers who are retiring or ing the early days of this crisis, we
which in many cases have been shut leaving the profession because they are worked in good faith to deliver the
down completely, and for our childcare worried about safety and exposure, or CARES Act that provided relief to
centers. they don’t have the resources to be Americans throughout the country. We
In New Hampshire, if we don’t get able to do the online teaching that is did it before, and I believe we can do it
some help for our childcare centers, at required now. If we don’t get this fund- again.
the end of this pandemic, we will have ing out the door, we are going to see This bipartisan framework is the
lost fully 50 percent of our childcare more of those losses. only bipartisan measure in Congress. It
centers. That means the families who In New Hampshire and in our cities is the only bicameral measure in Con-
depend on that childcare so that they and towns, they are being stretched to gress. It is the only proposal that has
can go to work are not going to have the limits. We are at the precipice of an opportunity to clear both Houses.
any safe place for their kids. this crisis. Cases are continuing to go We aren’t done, obviously. Negotia-
I hear frequently from New Hamp- up. Hospitalizations are going up. The tions are ongoing. There are a lot more
shire businesses that have used the death toll is going up. People need people who have to see this work and,
PPP program effectively to keep work- help, and they need it now. hopefully, will decide to support it, and
ers on payroll and make rent that they In New Hampshire, our nursing we still have more concerns to sort
still need more assistance if they are homes have been especially devastated out. But this is a compromise. It
going to get through this winter. by this crisis. We have the highest per- doesn’t have everything I want to see.
Our tourism and hospitality indus- centage of COVID deaths in our long- It is not what I would have written if I
tries are particularly hard hit, and term care facilities of any State in the had been able to write it by myself, but
they are vital to New Hampshire’s country. Eighty-one percent of our it is a compromise that I believe we
economy. They are our second biggest death toll has been tied to nursing can get majority support to pass.
Of course, it is step one. It is a relief
industry. homes.
Restaurants in New Hampshire ac- bill to help Americans stay afloat over
Our bipartisan relief framework in-
these next very difficult months, and
count for nearly 70,000 jobs and for $3 cludes necessary Federal support for
our work doesn’t end if we can provide
billion in sales, according to the Na- the Provider Relief Fund, and it allo-
this relief. We are still going to need a
tional Restaurant Association. We cates urgently needed help for our
stimulus bill to get our economy mov-
have to provide some help for them. nursing homes that are on the
ing again. But, right now, the most ur-
The future of our small businesses in frontlines.
gent need is to address those concerns
New Hampshire and throughout the We also provide help to address sub-
that individuals and families have.
country hang in the balance. If we fail stance use disorders and mental health. If Congress fails to act and get this
to act, we fail them. What we have seen across the country over the finish line, the consequences
For many American families, the is that COVID–19 has exacerbated what will be dire. Our hospitals are already
past 9 months have been the most dif- already existed in the opioid epidemic. overwhelmed. Too many small busi-
ficult economic challenges of their We were beginning to make some nesses are closing. Families are going
lives, and the bleak jobs report last progress in New Hampshire and in hungry and facing homelessness. Inac-
week reaffirms what we have been see- many States across the country until tion is really not an option. We need to
ing in our communities. Nearly 10 mil- the coronavirus hit, and now we are get this done.
lion jobs have been lost since the start seeing that progress being lost. There is no reason we can’t come to
of the pandemic. That means people Our plan bolsters support for Federal an agreement. We have done it before.
are out of work, struggling to put food investments in a number of programs I urge Senators on both sides of the
on the table for themselves and their that respond to the substance use dis- aisle to join in this effort. I urge Lead-
families, struggling to keep a roof over order crisis in our communities, and it er MCCONNELL and Leader SCHUMER to
their heads. The eviction moratorium also addresses suicide prevention. move forward with us to help us get
is about to expire. That is the story for This pandemic has created signifi- this proposal over the line so that to-
10 million families. cant burdens for those who are strug- gether we can deliver much needed re-
In the bipartisan framework that we gling with substance use disorders. lief to Americans and do it before the
have been negotiating, we have ur- And, of course, we have heard the num- holiday season so that people will have
gently needed funding for additional ber of mental health issues has been something to look forward to.
unemployment insurance. We provide greatly exacerbated. I yield the floor.
rental assistance to help not just those Our bipartisan plan addresses three The PRESIDING OFFICER (Mr.
people who might lose their housing of the most important pieces of the TILLIS). The Senator from Louisiana.
but also the landlords, who have been strategy to get on the other side of this TRIBUTE TO DIANE DEATON
hit very hard because people haven’t pandemic: testing, tracing, and vaccine Mr. KENNEDY. Mr. President, I
been able to pay their rent. It also in- distribution. As overwhelming as this would like to speak for a few moments
creases funding for food assistance pro- crisis has become, we can’t just throw today about a Baton Rouge and Lou-
grams to combat the surging food inse- our hands in the air. We have to con- isiana rock star. I am talking about
curity in our communities. tinue to prioritize robust testing and Baton Rouge’s own Diane Deaton.
We can’t afford further delay in de- contact tracing so we can track and This week, Diane announced that she
livering these resources. The unem- contain community spread. Of course, is going to retire from her post as a
ployment benefits are due to expire at we need to follow the CDC guidelines— weather forecaster at WAFB-TV, which
the end of the month, and time is of wearing masks, maintaining social we refer to as Channel 9, where she has
the essence. distancing, staying home as much as served on ‘‘9News This Morning’’ and
ctelli on DSK11ZRN23PROD with SENATE
One of the important areas of con- possible, hand washing—so that we can on ‘‘Early Edition’’ for many years.
cern that this bipartisan proposal ad- help flatten the curve and help our hos- Diane is known—widely known—af-
dresses is the need for Federal funding pitals. And now, as we are, we hope, fectionately as Queen D. She has been
to help our State and our local commu- just weeks away from having a vaccine, reporting the weather for the people of
nities. They are facing massive revenue we need to ensure that every measure Louisiana, particularly Southeast Lou-
shortfalls—at least in my home State is taken so we are ready to go on day isiana, for 37 years—37 years—and all
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S7300 CONGRESSIONAL RECORD — SENATE December 9, 2020
at the same station. Over a WAFB ca- NATIONAL DEFENSE AUTHORIZATION ACT This failure to consult committee
reer spanning, what, nearly four dec- Mr. COTTON. Mr. President, for members is not an isolated incident.
ades, Diane has become a beloved fix- many years, I have supported the an- The President’s 5G plan released valu-
ture in our State and in our State cap- nual National Defense Authorization able but unused spectrum owned by the
ital. Act. The bill always contains many government. The Pentagon protested
Her compassion has been on regular worthy provisions, and it usually mightily but only with vague evidence.
display—and not only in the way that passes with large majorities. After all, We had a hearing on this issue, and it
she has walked Louisianians through who wants to vote no when the com- sharply divided committee members.
hurricanes and tornadoes. Weather is mon refrain to pass the bill is ‘‘Support Yet, again, this bill disrupts the Presi-
important to us in Louisiana. Diane the troops’’? But at some point you dent’s plan, and, again, we learned
has invested in first and second graders have to draw the line, and this year is about it only after the fact.
at Buchanan Elementary in East Baton where I draw it. Another thing that happens behind
Rouge Parish through an extraordinary Just look at these bills over the last closed doors is broken promises. We
program called the Reading Friends few years. Five years ago, the NDAA were promised last summer that the
program. She has built new homes for was 968 pages—not unusual around here radical Warren amendment wouldn’t
families through Habitat for Human- and something you can get your hands survive the conference committee. Not
ity, where she currently serves as a around. But last year, the NDAA report only did it survive; not a single word
board member. Diane has been a part of was 1,794 pages, and this year the re- was changed.
port is an astonishing 4,517 pages—not You may have heard about the War-
LSU Tiger HATS pet therapy program.
even counting the classified annexes. I ren amendment. You probably heard
That is a program where she and her
doubt anyone really knows what is in that it would merely rename some
colleagues visit young patients and
it except maybe some lobbyists. Army bases that are named after Con-
their families at one of our leading hos- And get this: As the bill grew more federate officers. There is no harm in
pitals, Our Lady of the Lake Children’s than sixfold in length, we had even less having that debate. I have always
Hospital. time to read it. The number of people found it curious that we don’t have a
Diane’s awards are many. I won’t list who could read the bill at any one time base named after say U.S. Grant or
them all, but they include the Lou- was restricted. Social distancing— John Pershing.
isiana Association of Broadcasters’ ‘‘Can’t have too many people in the Yet the Warren amendment is far
Lifetime Achievement Award, the room,’’ we were told. That is fine. I un- more radical than merely renaming a
Holly Reynolds Humanitarian of the derstand. We are still in a pandemic. few bases. The amendment explicitly
Year Award—that was from the Capital But then we should have had more applies to all military property. That
Area Animal Welfare Society—and the time to review the bill, not less. Yet is a lot more than bases. It includes
Ulli Goodman Volunteer of the Year Armed Services Committee members military museums, service academies,
Award from the Baton Rouge Ballet were asked on this floor last week to and cemeteries. Do you think I am ex-
Theater. I don’t know how she finds the sign the bill after having only a couple aggerating? I am not. Read the bill: no
time, but Diane is also certified as a of hours to review it. exceptions for museums, for academies,
Delta Society Pet Partner for her work As this massive bill was written in even for cemeteries.
using therapy animals. secret and then rushed to a vote, some Let me give you just one example.
Yet I noticed that Diane’s announce- seem to have forgotten to consult with The West Point library contains por-
ment was characteristically humble as the Commander in Chief or recall that traits of Grant and Lee in close prox-
she steps away after 37 years. Here is he has veto power. It is pretty well imity, two commanders of the Civil
what she said: ‘‘I have never taken for known that the President wants the War, juxtaposed as today’s cadets learn
granted the honor and privilege you bill to reform or repeal section 230, the the history of our Nation, our Army,
have given me over these many years giveaway to Big Tech oligarchs who and their own school. But that painting
by choosing me and my colleagues here get to censor the American people may have to come down. So I suppose
at WAFB-TV to keep you and your without consequence. tomorrow’s cadets may learn that
family safe and informed.’’ The bill stiff-arms the President. Grant defeated an unnamed enemy
I think that the gratitude among There is not a word in more than 4,500 with an unnamed commander and ac-
Louisiana and Baton Rouge residents is pages about section 230. The sponsors cepted surrender from no one at Appo-
certainly mutual. claim they couldn’t airdrop provisions mattox.
I am glad to hear that Diane will not into the bill at the last minute. I take But if you really want to see the rad-
be leaving our great State. I want to the point. I am not sure the President ical consequence of the Warren amend-
emphasize that. She is going to retire will, though, and he is the one with the ment, just look across the river to Ar-
in Louisiana, and I hope she enjoys veto. lington National Cemetery, our Na-
every moment—every single moment— But there is more. The bill condemns tion’s most sacred ground. Those gar-
the President for proposing to move dens of stone stretch in symmetrical
she gets to sleep in after December 18.
some troops out of Germany and re- rows across the horizon, except for a
No one can argue—no fair-minded per-
stricts his ability to do so, even though single odd section laid out in circles,
son can argue—that she hasn’t earned a
NATO’s frontier has shifted hundreds rather than rows, and with pointed
rest, even though her familiar weather
of miles to the east and Germany headstones, rather than rounded ones.
forecast will be sorely missed in a
hasn’t exactly carried its share of the The 482 graves in Section 16 contain
State that takes more than our fair
NATO load. The Senate didn’t debate the remains of Americans who rebelled
share of beatings from Mother Nature.
this major policy change. Our earlier against our country. That section also
I thank you for the chance to honor bill didn’t even mention it. As far as I contains a memorial to those who died
Diane Deaton. I thank you for the am concerned, this provision was, to in that rebellion.
chance to honor Diane Deaton for all of borrow a phrase, airdropped without We should be grateful that those
her hard work on behalf of everyone appropriate consultation with com- rebels and their cause lost on the bat-
who relies on WAFB-TV for news and mittee members. And for the record, I tlefield. Yet we should also be mindful
for everyone in Louisiana and Baton am a senior member of the committee, of the historical context of this patch
Rouge whom her volunteer work has but I only learned about this provision of our most sacred ground. Section 16
touched—and that numbers in the hun- in the newspaper on Friday, 2 days of Arlington was created as a symbol
dreds of thousands. after I was asked to sign the bill. not of secession but of reconciliation
Diane, may the years ahead bring as It would appear the standard for by the very men who had fought for the
ctelli on DSK11ZRN23PROD with SENATE
much joy to you as you have brought airdropping provisions into the bill is Union.
to our State and our community. God that we won’t airdrop things that sup- President William McKinley—a deco-
bless you. port the President’s priorities, but we rated veteran of the Union Army, pro-
I yield the floor. will airdrop stuff that thwarts his pri- moted three times for battlefield
The PRESIDING OFFICER. The Sen- orities. I doubt that will get past the valor—oversaw its creation. In a dis-
ator from Arkansas. President’s veto either. play of magnanimity, he declared—in
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7301
front of the Georgia legislature, of all And I suspect a lot of other Senators a scriptwriter could have imagined
places—that the Federal Government wouldn’t support this bill either if they that 24 years later, that law school tru-
would assume responsibility for Con- knew what it does. And that takes me ant would become the U.S. attorney in
federate graves. He then signed a bill back to a larger problem. We were Alabama and that his office would un-
authorizing the reinterment of Confed- promised this radical language cover the evidence to bring charges
erate soldiers at Arlington. wouldn’t be part of the final bill, but against two more Klan members in-
Senator WARREN apparently believes that promise was discarded behind volved in the bombing, and that 40
that she knows better how to handle closed doors. Now, we have a 4,500-page years after that awful crime, DOUG
the legacy of our Civil War than did bill at the last minute in the rush to JONES would win the conviction of the
the Union veterans who bled and de- fund the government and pass another remaining conspirators, delivering a
feated the Confederacy on the field of coronavirus relief bill before the holi- long-delayed yet righteous justice.
battle, or even Barack Obama, who days, all with the Presidential veto History would repeat itself a few
continued a longstanding Presidential hanging over it. years later, when DOUG would again
tradition in 2009 of sending a wreath to An overlong bill negotiated behind find himself at the center of events.
the Confederate section of Arlington on closed doors, dropped at the last DOUG was eating breakfast one day just
Memorial Day. minute, major policy shifts without blocks away from the scene of the
If the professor gets her way, a crane consensus or even much debate, broken bombing of the All Women Health Clin-
may drive into Arlington and rip out promises, wishful thinking about a ic. He took charge that day and made
the memorial whose history dates back veto threat—these are the hallmarks of sure that investigators and first re-
to President McKinley and which was an NDAA process that has deteriorated sponders worked together in perfect
honored just a few years ago by Presi- rapidly in recent years. That has to unison. DOUG would later go on to se-
dent Obama. Again, I am not exag- change. If it doesn’t change this cure the indictment of Eric Rudolph,
gerating. In the committee markup, month, mark my words, it will change the perpetrator of that heinous bomb-
Senator WARREN said that is exactly next year. ing, as well as the Olympic Park bomb-
what she wants to happen. And if that I yield the floor. ing 2 years later.
happens, maybe the professor will be I suggest the absence of a quorum. Of course, not every one of DOUG’s
applauded in faculty lounges, but my The PRESIDING OFFICER. The cases involved matters of life and
perspective is a little different. clerk will call the roll. death. The U.S. attorney’s office once
I served at Arlington with the Old The senior assistant legislative clerk prosecuted local officials for trying to
Guard. My soldiers and I laid to rest proceeded to call the roll. steal an election by bribing absentee
our Nation’s heroes. A lot of those fu- Mr. SCHUMER. Mr. President, I ask voters with cash, beer, and a little liq-
nerals started in Section 16. Before unanimous consent that the order for uor for good measure. Now, if only the
those funerals started, we talked some- the quorum call be rescinded. defendants had known about DOUG’s af-
times about that odd section and the The PRESIDING OFFICER. Without finity for bourbon.
war that occasioned it. After all, the objection, it is so ordered. Kidding aside, kidding aside, those
Army has a lot of amateur Civil War TRIBUTE TO DOUG JONES years revealed for DOUG something pro-
historians. We were proud to wear the Mr. SCHUMER. Mr. President, sadly, found about public service and govern-
uniform of and be the heirs to Grant I return to the floor today to say fare- ment: You can have the best laws in
and Sherman and Sheridan—the great well to another Member who will con- the world in principle, but it takes
warriors who saved the Union and vin- clude his time in the Senate at the end dedicated effort to make the law work
dicated freedom and equality for all. of the term, the junior Senator from for everyone in practice, to take our
We also had a little humility. We Alabama, DOUG JONES. ideals of justice and equality and fair-
didn’t presume that we knew better We all know DOUG came to the Sen- ness and opportunity and make them
than Grant and McKinley how to heal ate as a storied courtroom lawyer and real in the everyday lives of citizens.
our Nation’s wounds after the Civil U.S. attorney, but fewer people know DOUG brought that revelation with
War, or that we knew better than Abra- about his more humble origins. DOUG him to this Chamber. He worked with
ham Lincoln, who called for ‘‘malice was born and raised in Fairfield, AL, his trademark determination to finally
toward none, with charity for all.’’ just outside of Birmingham, the son of repeal the widow’s tax. He helped pass
Maybe Senator WARREN and the Jac- a steelworker, the grandson of a coal legislation to permanently fund his-
obins in our streets repudiate the wis- miner. When he was 19 years old, he torically Black colleges and univer-
dom of Lincoln and Grant and McKin- spent his summer working at the local sities. He has worked across the aisle
ley. Perhaps they think Lincoln should cotton tie mill, 10 hours a day, 6 days to combat veteran suicide, strengthen
be canceled. A mob tried to tear down a week. the VA, and support our military
his statue just a few blocks from here One day, a freak accident sent a bit bases—so important to the great State
last summer. Too many of these Jaco- of shrapnel flying his way, and he came of Alabama.
bins condemn our Nation as racist to within inches of losing an eye. Several Not every issue would be so easy or
its core. They look at the Confederacy stitches later, DOUG went right back to so bipartisan, especially for a new Sen-
and see not a rebellion against America work—early evidence of a stubborn ator facing a difficult reelection, but
but the true heart of America. So, nat- streak. Only at the end of the summer every time DOUG approached a politi-
urally, their iconoclasm doesn’t stop did DOUG decide it was time to focus a cally sensitive vote—and I marveled at
with tearing down statues of Lee but bit more on his studies. this—he was untroubled. He would do
moves right away to statues of Wash- That same work ethic—the some- what he always did: He would act on
ington, Lincoln, and Grant. They tried times stubborn work ethic—followed principle. He would vote his con-
to tear down those last summer, too, if him his entire life. He brought it next science—politics be damned. President
you recall. to law school. On the one occasion Kennedy had a phrase for Senators
I will never stand by while Jacobins DOUG decided to skip class, it wasn’t to whose abiding loyalty to their con-
tear down statues of Washington, Lin- throw a pigskin around the quad or en- science triumphed over all personal
coln, and Grant, nor will I support a gage in some extracurricular activity and political considerations. He called
bill that permits a crane to drive into with friends. No, DOUG skipped class to them profiles in courage. DOUG JONES
Arlington and desecrate that sacred attend the trial of the Klansman ring- is a profile in courage for our times.
ground. We celebrate the triumph of leader of the 1963 bombing of the 16th But before I get carried away with
the Union and the cause of freedom and Street Baptist Church, a tragedy that too many grand compliments, it is im-
ctelli on DSK11ZRN23PROD with SENATE
equality and the defeat of the Confed- had shaken the conscience of a nation. portant to remind colleagues that
eracy, but why does it follow that we A young DOUG JONES was moved by DOUG JONES, as a human being, is just
have to rip paintings off the walls of li- the disposition of justice in that trial, a joy to be around. Just ask his good
braries and museums and tear down but he was left with the impression friend, the Senator from Montana.
war memorials in Arlington National that other members of the conspiracy More than once DOUG would catch Sen-
Cemetery? had escaped the reach of the law. Only ator TESTER giving an impassioned
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S7302 CONGRESSIONAL RECORD — SENATE December 9, 2020
speech on the floor and think to him- DOUG, you upheld the honor of that although, I have got to be honest, I had
self: I will bet you he didn’t turn his seat, and you have set an example for a pretty doggone good idea when I got
phone off. Let me give him a ring and every Senator who will follow in it. here.
see what happens. Whatever the next chapter of your If there was one thing my momma al-
(Laughter.) life may bring, the entire Senate ways taught me, it was to be realistic
Just look at DOUG’S office, festooned Democratic family wishes you and about things. I knew it was going to be
with memorabilia of every particular: your family the very, very best and po- tough, but to even have an opportunity
Crimson Tide footballs and keepsakes litely requests that you do not call us to talk and work on things that bring
from his favorite bands. You can go see when we are in the middle of giving a such transformational changes—those
his rocking chair—one of those south- speech. kind of things come along once in a
ern-veranda, sweet-tea-drinking (Laughter.) generation, if we are lucky. They are
chairs—and baseballs signed by Presi- I yield to my friend, the very distin- that legislative equivalent of a perfect
dents, statesmen, and most impres- guished and wonderful, wonderful, won- game in baseball. You are lucky if you
sively to this Yankee fan, Joe derful junior Senator from the great get to be part of that in your career,
DiMaggio. State of Alabama. but you always have to hope and you
If DOUG JONES has one hobby besides The PRESIDING OFFICER. The Sen- have to strive for the possible, not just
hunting, it is autograph hunting. He ator from Alabama. the likely.
has managed to collect a signature on FAREWELL TO THE SENATE For those of you who really don’t
a baseball from every Senator in this Mr. JONES. Mr. President, I thank know about baseball—there may be a
Chamber today, including its newest the minority leader for those remarks. few—a perfect game is just that: nine
Member. The junior Senator from Ari- I am humbled. innings, three outs, three up, three
zona was sworn in only a week ago, but You know, everyone knows the old down. Everything has to work together
5 seconds after he lifted his hand from saying ‘‘My, how time flies when you in synchrony. It is not just the pitcher
that Bible, there was DOUG to con- are having fun.’’ My time here has who throws balls and strikes; it is the
gratulate him, furnishing a clean base- drawn to a close, but despite the dif- outfielder who catches the fly; it is the
ball, ready for Mr. KELLY’s John Han- ficulties, the challenges, despite the second baseman who has to get the out
cock. rancor that we often see in this body, and throw the runner out at first. Ev-
That is DOUG JONES—someone who
as well as Washington, DC, I can hon- eryone has to fall in line and work to-
never let the immense pressure of this
estly say I have had a lot of fun. The gether as a team—as a team. And it is
job change who he is, someone who has
last 3 years have been amazing, and I not just that; it is the people on the
made life a joy for everyone in our cau-
have loved being a Member of this field. They are all working and they
cus, and someone who understands
body. are all striving for the same goal. As it
that, at the end of the day, we get sent
I actually was able to accomplish a turned out, I didn’t get a chance to be
to this Chamber to make life better for
few things, thanks to you. But you part of a perfect game. I didn’t think I
our constituents, to do it courageously
have been fun; you have not just been would, but I didn’t get that chance.
even when the odds are not in our
kind. It has really been good. Sometimes I worry, as many of you
favor.
By the way, your staffs have been do—especially if you listened to the
I will end with one final story. Sev-
awesome. I know you hear that a lot farewell speeches of LAMAR ALEXANDER
eral years ago, DOUG was asked to par-
ticipate in a stage adaptation of his fa- from constituents. Maybe you don’t and TOM UDALL and MIKE ENZI and oth-
vorite work of fiction, ‘‘To Kill a hear it enough from other Senators. ers—you worry if those perfect games
Mockingbird,’’ which, of course, in- Your staffs have been amazing to us, can ever be had in this Senate again. I
cludes his literary icon, another great and I really very much appreciate it. worry about that. But we always come
Alabama lawyer, Atticus Finch. You know, as the minority leader close, and I came close.
Hearing DOUG’s life story, you would said, everybody knows I am a baseball Right after I got here, I got invited
be forgiven for thinking it was ripped fan. If you go into that office, you will to be part of the Common Sense Cau-
from the pages of that Harper Lee clas- see in my reception area all 100 base- cus, which I had to explain to people in
sic, so perhaps it was fate that one day balls that I had signed. And it was fun Alabama that that is really not an
DOUG would be asked to play a part in getting them—either here on the floor oxymoron, that there is common sense
that story. There was just one hiccup: or in a committee room, at the retreat up here.
DOUG was asked to play the judge. So that the Democrats had. There were so But within 6 weeks of being up here,
he never got to deliver that passage, many who had never signed a baseball, I was at SUSAN COLLINS’ office with so
shortly after the death of Mrs. Dubose, and you figured out that it wasn’t easy many here—some 20 Senators, Repub-
when Atticus explains to his son that to sign a baseball. lican, Democratic—talking about im-
real courage is not a man with a gun in (Laughter.) migration, working on immigration re-
his hand; ‘‘[real courage is] when you And even those who signed in their form. It was the hottest topic of the
know you’re licked before you begin, office, when we sent them to their of- day, an important topic that is still
but you begin anyway and see it fice, they always came up and talked important today. I just marveled at the
through no matter what. You rarely about it. It was a time to put politics fact that here I was, 6 weeks into this,
win, but sometimes’’—sometimes— aside and just talk a little bit—some- and I was in that room being a part of
‘‘you do.’’ thing we really don’t do enough of those discussions.
DOUG spent his time in the Senate— around here, leaving the weighty poli- What was even more astonishing to
indeed, his whole life—embodying the tics and responsibilities that we have me is that people actually wanted to
courage that Atticus describes. The just to sign a baseball and talk about hear what I had to say. That didn’t
story of the 16th Street bombings is a how much fun it was. happen, having raised three children,
reminder of the fact that even against I remember, right after I was elected, been married. I don’t always get that,
tremendous evil and seemingly impos- I was talking to a friend of mine, when people want to know what you
sible odds, if you are dogged and deter- dreaming big about the things that we have got to say. But they did, and I was
mined and see it through no matter could accomplish that would make a so gratified, and I was so honored.
what, sometimes you do win and jus- difference in the lives of the people of We would meet in Senator COLLINS’
tice prevails. Alabama and the people of America. office. We would meet in hideaways. It
So while DOUG didn’t get to play We talked about the possibility that we was exciting. And we came so close.
Atticus Finch that weekend at the Vir- could work on a bill as important as You all remember that? We came so
ctelli on DSK11ZRN23PROD with SENATE
ginia Samford Theater in Birmingham, the Civil Rights Act of 1964 or the Vot- close, within about three votes of doing
that is OK. It was already the role of ing Rights Act of 1965. But I knew—I what they said couldn’t be done, of
his lifetime. knew, though—that such opportunities doing something that was possible but
DOUG has said that it is the greatest were not likely, especially in what I not probable.
honor of his life to fill the seat of his knew to be a 3-year window and not That sense, what I saw of my col-
mentor, Senator Howell Heflin. knowing what the future would hold— leagues, is why we ran for the Senate.
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7303
I could see it. I could feel it in those campaign ad—which, by the way, it mentor Howell Heflin, and to take the
rooms, in those discussions. I could see was. oath of office for his seat was just real-
it on the floor that day as people were (Laughter.) ly a remarkable circle of life.
voting. It is why we wanted to be in We saw it coming. But I also knew There are two especially significant
this body. action was so important. We took some things about that day too. One is that
I remember sitting in the cloakroom, small steps on that issue over the last I hope that you all recognize by now
and I was as disappointed as ever when 3 years, despite a lot of political pres- that the freshman class of 2018 will
we failed. And for a long time, probably sure to the contrary, and I hope you likely go down in history as one of the
still to this day, when I am asked will do more in the years ahead be- greatest freshman classes ever. The
‘‘What is your most disappointing day cause lives will depend on it. team of SMITH and JONES can’t be beat.
in the Senate?’’ I will always talk Everything doesn’t have to be a per- It is as American as apple pie. I was
about that vote that failed so close, fect game. There is great satisfaction really proud and honored to be there
which was so important. But what it in the day-to-day triumphs. You can with TINA SMITH that day.
did demonstrate is, through that ef- and we did hit a home run or two and I was also honored, if you recall, that
fort—effort—that anything is possible. more than our share of singles and dou- there were three Vice Presidents on the
You have got to come close sometimes bles. I am really proud of the 20-plus floor of the Senate that day. Now
before you get across the finish line. bills that I led or co-led, bipartisan President-Elect Joe Biden escorted me
You have got to play in the red zone a bills, that have been signed into law in. Former Vice President Walter Mon-
little bit before you get the touchdown. over the last 3 years. None would have dale escorted Senator SMITH. MIKE
You have got to hit that line. been possible without bipartisan work. PENCE, the current Vice President,
But whatever we did, it is possible. One of my first original bills, the swore us in. And, actually, if you now
The Senate is capable of great things, Civil Rights Cold Case Records Collec- think about it, we had a fourth—soon-
if we do them, of bridging divides that tion Act would never have become law to-be Vice President KAMALA HARRIS.
society may view as too wide to cross. without the commitment of Senator That is a pretty remarkable time—
We can do that. It is not that wide be- CRUZ to help bring long-overdue clo- pretty remarkable.
tween here and there. It is not that sure to the victims of those terrible It was also a remarkable day when
wide, and people need to know it and crimes. what I hope is going to be a new tradi-
respect it. I see TED in the back. I appreciate tion in the Senate took place: When we
I am not the first and I certainly will Senator CRUZ’s involvement in that. I had on two different occasions, once
not be the last to talk about the impor- will have to say, it was so much fun, each year, six Senators—three Demo-
tance of bringing people together who after we got that done, to go back crats and three Republicans—reading
hold opposing views and working to- home and tell that to all my Demo- Dr. King’s ‘‘Letter from a Birmingham
ward what is both possible and palat- cratic friends. What is your proudest? I Jail.’’ That document remains one of
able. But all too often the desire to do said: Well, the proudest moment right the most significant in American his-
that kind of gets lost among other ac- now is with my partner, TED CRUZ. tory, and it is as important today as it
tions that don’t quite match the words They said: Aha. was when it was written in 1963—and,
that we say. But it shows what is possible, folks. in some ways, maybe more important
I noticed the other day how many And it was an important bill. None of for the moment we find ourselves in. I
heads were nodding in the farewell those bills have meant more to me, have asked—and I know he will do
speech of Senator ALEXANDER, Senator though, than the bipartisan effort that this—my colleague Senator BROWN to
ENZI, and Senator UDALL. And then I led with Senator COLLINS to elimi- carry on that tradition in my absence.
what happens? I have looked at a lot of nate the military widow’s tax that for And then there was the day of the
farewell speeches in the last month. almost two decades had deprived wid- swearing-in in January of 2019. I was
They all say a lot of the same things, ows of full survivors’ benefits that they here to observe, to pay my respects to
and everybody, I am sure, nods. deserved. all those who were returning and for
We have got to do better. You have So many of you went to bat for that those who were joining. And as I was
to do better. I don’t think I fully appre- bill: Senator REED, Senator INHOFE, standing in the back by the cloakroom,
ciated it. And I listened to the minor- and others. You were getting a lot of Senator TESTER walks up and says:
ity leader talk about where I come pressure, not from me or SUSAN COL- JONES, what are you doing?
from in Fairfield, but I don’t think I LINS. You were getting pressure from a You can’t get anything past TESTER.
fully appreciated it until fairly re- lot of those military widows. They had There were probably a few profanities
cently. It seems like I just kind of love been up here for 20 years, and for 20 ladened in there as well, if you know
a lost cause. It seems like every time years the dollars and cents had pre- Senator TESTER.
that there is something that needs me vented that from becoming a reality. I said: Well, JON, what do you think
there, I am there—fighting for justice We fought on that because we knew I am doing—with probably a couple of
for others, for others who feel like hope what we were doing was right. We other kind of milder profanities.
is lost, from the church bombing case knew it was right that you could not He said: Look, DAINES is caught in a
to a Senate election in Alabama. I put a price on the duty we owe to the snowstorm back home and can’t make
fought for those causes because I be- men and women of our armed services it here, and I would like for you to es-
lieve in hope. I believe in redemption. I and their families. cort me down when I take the oath.
believe in the possibility. Some may I will never forget that day in De- As it turns out, it is likely to be the
call that naive, and many have, but I cember when we passed the NDAA that only time I get to do that—and it was
have not been afraid to touch on the included the elimination of the widow’s a true honor, my friend.
so-called ‘‘third rail’’ issues of our po- tax. In the Gallery, there was a large Simply sitting at this desk is perhaps
litical system because I believe that, group of Gold Star widows who had the greatest thing, taking this place in
right now especially, there is no time been up here for 20-plus years to try to and watching each of you, noting the
for caution. get that done, never being able to bipartisanship, especially as we close
My first speech on the Senate floor reach the goal. And on that day, we did the Congress—especially as we close
was about gun violence. No one could it. You did it. SUSAN and I got a lot of this Congress—and how Senators move
believe a Senator from Alabama actu- credit, but it was this body, with the freely from one side of the aisle to the
ally talked about how we can stop gun help of some folks in the House, that other. Occasionally, I will tell you, I
violence in a way that made some made it happen. That was just one of confess, that I just come back here by
ctelli on DSK11ZRN23PROD with SENATE
sense—not from an extreme view on the memorable days on the floor. myself, and I will open this drawer and
the right or an extreme view on the Swearing-in day was unbelievable— will read the names of the Senators
left but right there in ways that made simply an explosion of emotions. To who sat here: John Kennedy, Ed
sense. walk on the floor as a U.S. Senator, Muskie, Hubert Humphrey, my col-
It was a topic that I knew could have some 37 years after I left the floor with league Senator SHELBY, and so many
easily been twisted into a negative my old boss as a young staffer to my others. And it is just overwhelming.
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S7304 CONGRESSIONAL RECORD — SENATE December 9, 2020
You know, growing up, it was always They work hard, but yet they are still mittee—I am going to support you in
the Presidents or Presidential can- below that poverty level. We need to do whatever efforts I can, no matter what
didates who captured my attention. I what we can to lift them out of that side of the aisle your desk is on. And I
knew the names of some Senators, but poverty. It takes a lot of work. It takes will keep working toward the same
that began to change for me watching hard work. goals too, even after I leave this place.
the Senate Select Committee on Wa- It is possible for law enforcement to Remember, though, as we get into
tergate when I was in college. It was a serve and protect all Americans—not the vitriol, as we get into political
remarkable time and a remarkable just some—to root out the systemic rhetoric—just remember the Jones law
committee. And then everything racism that exists within law enforce- of politics, adapted from Newton’s
changed again in 1979 while I was ment by enlisting the support of both third law. Just remember that for
studying for the bar and got a phone law enforcement and the communities. every action, even in politics, there is
call from Senator Heflin’s chief of It is possible. an equal and opposite reaction. If you
staff, Mike House. I had campaigned I will candidly tell you another great go too far on one side or the other, you
for the judge. Mike offered me a 1-year disappointment was when we let that are going to get a reaction on the other
position on Heflin’s Judiciary sub- moment pass this summer—hoping side, just as hard. And that makes it
committee, which I eagerly took. That that with a new President, maybe a harder and harder to reach that com-
year not only changed my life but new Senate, maybe a new Congress, we mon ground.
brought about a respect for this body, could get something accomplished. I You know, in Senator BROWN’s book
for the Senate—as an institution, as in- hope that that still happens, but I was about his desk and the people in his
dividuals, and for so many of its Mem- disappointed we let that moment pass desk, he quotes the political philoso-
bers—that I had never had before. this summer when all of the country pher Hannah Arendt who observed:
From that point on, folks, I was and all of the world was behind us to ‘‘The good things in history are usually
hooked. I was hooked on this body—be- say: Please do something. Please do of very short duration, but afterwards
fore being elected to the Senate. And something that we have known about have a decisive but a short time of in-
now I have come to love the Senate a for decades, for centuries. Please do fluence’’—a long influence—‘‘over what
lot and, importantly, all of the possi- something. happens over long periods of time.’’
bilities that go with it, which is why I Law enforcement said: Let’s do some- A short time—and I know you may be
don’t really want to spend my last mo- thing. thinking, well, DOUG was only here 3
ments on the floor talking about what We let it pass. But it is never too late years; so that is what he is talking
I have done. I want to talk about what to do the right thing. It is never too about. But I am not. In history, I am
needs to be done, what can be done, late for justice. looking at something bigger—whether
what is possible. It is possible to ensure that every eli- it was Martha McSally’s 2 years or my
You know, even back in 2017, people gible voter is able to cast a ballot and 3; Senator GARDNER’s 6; Senator
said it was just not possible to elect a have it counted. Now is the most im- UDALL’s 12; Senator ALEXANDER’s 18; or
Democrat from Alabama to the U.S. portant opportunity we have seen in ENZI’s and ROBERTS’ 24; or, if you are
Senate—and here I have been. 2020—concerns about our election proc- like PAT LEAHY, since Moses was in the
It is possible to make affordable ess; that it might have been stolen; bulrushes.
quality healthcare a reality for all that there might have been fraud. Use Our time here is short. There is not
Americans. The ACA right now is the that opportunity to say: Let’s don’t let anybody on this floor right now who is
best hope and only plan that is out these allegations have any credence not thinking about their time since
there. As President Obama said—and going forward. Let’s get together. The they were sworn in and said that it was
everybody should do this—if there is a technology is there. just like yesterday, because it was. Our
better plan you can come up with, put Figure out a way that together we time is short. It is of a limited dura-
it out there. Let’s do it. I will publicly can make our election safe and secure tion, and we have to act like that. We
support it. and that all people will have access to have to make sure that every day we
The goal is healthcare for everyone the ballot box—all people who are eli- are moving.
in some way. There are so many in this gible to vote in this country. It has been a realization of a long-
country and in my State of Alabama It is possible for our system of justice held dream. I have so many to thank:
who desperately need it—before, dur- to treat all Americans equally—not Doug Turner, who is here; Joe Trippi,
ing, and after this COVID crisis. It is just talk about it, but to do it. It is on my campaigns; and my late friend,
possible to give people in remote and what I have tried to do throughout my Giles Perkins; and an amazing family:
rural areas access to healthcare, but it career. It is possible. my bride Louise, my rock; my two
is going to take a lot of work, and it is And this is going to be a challenge. It boys, Carson and Christopher, who
going to take getting out of partisan is possible to restore the American peo- have wanted to kill both me and Louise
corners. ple’s faith in government. And we all since they have been living at home
It is possible to provide a quality know right now that that faith has during the pandemic. They have been
education to every American child. I been shaken for many, many reasons. incredibly supportive. And then my
know education is often funded locally, The faith has been shaken, but it is daughter Courtney and her husband
but it is possible to do it. You just have possible to restore it. It is possible for Rip and her two beautiful girls, my
to roll up your shirt sleeves and get it each of us to learn—as Atticus Finch granddaughters, who are still the
done. taught us—to see things from another brightest stars in my sky, Ever and
It is possible to extend broadband— person’s point of view, to walk around Ollie.
access to broadband—to all Americans in their skin or in their shoes, to see I am grateful to each of you, my col-
and bring every man, woman, and child things from other’s point of view, to leagues, and all that you helped me
into the modern era, just like we did— find that common ground. with.
the Congress did—with Franklin Roo- It is possible for us to realize that I am grateful to an amazing staff. I
sevelt in the Rural Electrification Act deep down that progress is not a zero- am not going to go all the way through
in the 1930s. Broadband is the new sum game, that a rising tide lifts all it. They have been true rock stars. I
power. It is possible to do that. High boats. am going to enter something into the
speed and affordable, that is key—af- These things are not easy. They take RECORD about my staff.
fordable broadband. dedication and hard choices, but they I am grateful for the advice and
It is possible to ease the burdens on are worthy goals. I know many of my counsel of Alabama’s senior Senator
ctelli on DSK11ZRN23PROD with SENATE
working-class Americans by setting a colleagues on both sides of the aisle are and an old friend, Senator SHELBY.
minimum wage that is not going to dedicated to the same goals, and While RICHARD and I may disagree on
hamstring businesses but will raise the though I won’t be able to cosponsor many policies, we share a commitment
quality of living for so many in this anything with you from this point on to the people of Alabama to make sure
country. So many in my State are in or debate the amendments in com- that we do all we can to get the people
poverty, but yet they work. They work. mittee—if you get amendments in com- in Alabama the quality of life that
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7305
they deserve, and I so much appreciate ment, experience, and independence to their (Applause, Senators rising.)
Richard’s service to the people of the work, along with an understanding that the The PRESIDING OFFICER (Mr. COT-
State of Alabama, his long and distin- Senate must be able to take a collective ac- TON). The Senator from Alabama.
tion in the national interest.
guished service—which started out as a Mr. SHELBY. What a good speech
Democrat, by the way, just saying. Please remember that as you go here. We don’t hear them like that
That is where the seed was planted, about the country’s business; remem- every day.
folks. ber that as you go about the Senate’s To my colleague Senator JONES, 3
I also want to mention briefly the business; remember that as you go years was not a long time here, but we
chairmen of the committees I worked about your business as a Senator. And feel his presence. I can tell you that I
on: Senator CRAPO, Senator INHOFE, as you do, keep and preserve the rev- have known DOUG a long time. I re-
Senator ALEXANDER—who was one of erence that the Founders envisioned member I came to the U.S. House when
the first people who helped me come for this body. As former Majority Lead- he came up to work in the Senate for
over—and the work that we did to- er Mike Mansfield once said, ‘‘The con- Senator Heflin in the Judiciary Com-
stitutional authority . . . does not lie mittee and so forth.
gether. You pulled me and helped me.
with the leadership. It lies with all of I supported him when he was nomi-
Senator COLLINS, who chaired the
us, individually, collectively, and nated by President Clinton to be the
Aging Committee.
equally. . . . In the end, it is not the U.S. attorney in the Northern District
But I am especially grateful for the
Senators as individuals who are of fun- of Alabama, where he did a tremendous
ranking members of those committees:
damental importance. . . . In the end, job. I worked with him day after day,
Senators BROWN, CASEY, MURRAY, and
it is the institution of the Senate. It is as we all do, on a lot of issues that af-
REED. Their friendship and counsel
the Senate itself as one of the founda- fected the country but affected, espe-
have been invaluable.
tions of the Constitution. It is the Sen- cially, our State of Alabama at times,
Of course, I want to thank the minor-
ate as one of the rocks of the Repub- and we worked hand in glove.
ity leader for all of his work for me and lic.’’ We have become friends. We have our
on behalf of me. And as I think you Something we should all remember.
guys know—not always the people of One more little bit of advice. Take differences, but we also have a lot of
Alabama—Senator SCHUMER never out the word ‘‘negotiation’’ when you things that he talked about today
tried to put puppet strings on me. I are talking about legislation. Don’t where we would come together for the
know I got accused of that, but he talk about negotiating this bill or that State and for the country.
never ever tried and, for that, I am bill, whether it is COVID relief or even I wish him well. I think we will hear
very grateful. appropriations. It works, but let me more from him in the weeks ahead, in
To the people of Alabama, I promised tell you what is happening out there, the months ahead. I certainly hope so.
to do my best to represent each of you, what is happening out there with the He has a lot to give.
whether or not you voted for me, and I people. They hear those words, and He has a great family. He has a great
am proud of the work that we did on they think this is some side or the wife in Louise and a great partner
your behalf and that I have accom- other trying to get an advantage. It is there.
plished on your behalf. Thank you to like labor and unions. It is like a civil He has a great staff and we worked
the people for giving me the honor of or criminal lawsuit. Somebody is try- together and we will continue to do
serving you as your Senator. ing to get an advantage to try to do this.
Finally, I am going to resist the urge things for their own interests. But one theme—and I like that he
to tell you what is wrong with the Sen- We can talk about it from the Demo- kept expounding on it here today—that
ate, how it operates today. You hear it cratic side of how we are working for if we work together in the Senate, Re-
virtually every time a Senator gives a the people; we are negotiating for the publicans and Democrats, we get
farewell address, and, instinctively, people. We can talk about it from the things done; if not, things don’t hap-
you know it deep down. But I will offer Republican side; that we are negoti- pen.
you this. There is a book I finished ating for patriotism and businesses to I wish Senator JONES Godspeed and
reading recently that Ira Shapiro, a make sure they are protected. But wish him the best.
former staffer, wrote. Many of you may what is being heard by the American Mr. President, today I would like to
remember or know Ira. He wrote a people is this is all about Democrats; speak about my fellow Alabama col-
book called ‘‘The Last Great Senate.’’ this is all about Republicans and get- league and friend, Senator DOUG JONES.
It ought to be required reading for ting that political power. I have known DOUG JONES since he
every Senator coming in. It was pub- Talk about common ground. Talk was a young staffer working for Sen-
lished 8 years ago, about the two Con- about sitting down with the adminis- ator Howell Heflin on the Senate Judi-
gresses during the Carter administra- tration or whomever and finding com- ciary Committee. During his 3 years as
tion and how they operated—Bob Byrd mon ground. Talk about the goals that a Member in the Senate, I believe we
as majority leader, Howard Baker as you agree on and how to get there. have worked well together.
the minority leader, how they got ‘‘Negotiation’’ is just a bad word, and I He and his staff have shown a lot of
things done for the American people. hate that, but it is. professionalism and class while in
The author laments that the Senate As I prepare for the next chapter of Washington. He is respected by all of
doesn’t operate today in that fashion. I my life’s journey, there is a sadness of his colleagues on both sides of the
was here for one of those years. Sen- what I am going to leave behind, but aisle.
ator LEAHY was here during that time. there is also optimism—optimism, the While we may not agree on every pol-
His closing is even more important glass half full, the men and women who icy, DOUG understands the Senate and
today as it was when the book was pub- serve in this body and their successors respects the institution. It has been an
lished. He said: and the staff who support them. And I honor to serve with him.
emphasize that, again, the staff who Annette and I have enjoyed spending
America is adrift in turbulent and dan-
gerous waters. Facing enormous challenges support them. Leading together will time with DOUG and Louise, and we
at home and abroad, we urgently need our continue to bring a better future for wish them all the best.
once-vaunted political system to function at the American people, for your constitu- Thank you, Mr. President. I yield the
its best, instead of at its worst. To be sure, ents, for each of us together, not as a floor.
it is more difficult being a senator today caucus but together as a Senate. The PRESIDING OFFICER. The Sen-
than it was in the 1960’s and 1970’s. The in- You are just a damn, unbeatable ator from Montana.
creasingly vitriolic political culture, fueled Mr. TESTER. I am going to be very,
team. You are an unbeatable team.
ctelli on DSK11ZRN23PROD with SENATE
by a twenty-four-hour news cycle, the end- very short.
May God bless you all. May God con-
less pressure to raise money, the prolifera-
tinue to bless the United States of The truth is that serving with DOUG
tion of lobbyists and demanding, organized
interests are all well known, and they take a America. JONES has been a once-in-a-lifetime op-
toll. But all of those factors make it more Mr. President, with a deep sense of portunity for me. This guy’s last name
essential that our country has a Senate of humility and gratitude, I say for the shouldn’t be JONES; it should be ‘‘Jus-
men and women who bring wisdom, judg- last time, I yield the floor. tice.’’ He is somebody like nobody I
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S7306 CONGRESSIONAL RECORD — SENATE December 9, 2020
have ever seen, whose moral compass is That was the work we did in 2019. Sen- resents them, but it truly tells us what
so tuned into right that it has just ator MURRAY and I, DOUG JONES, Sen- the people of his State think of him. I
been an incredible pleasure for me to ator TIM SCOTT, Senator BENNET of Col- saw it firsthand. I saw it at a football
be able to serve with him and to know orado were on it from the beginning to game. Now, Nick Saban and I grew up
him and to also wish him the best mov- do two things at once that helped low- together in a small, little coal mining
ing forward. income Americans who wanted to go to community.
I don’t think we have heard the last college. I want you to know that Coach Saban
of DOUG JONES. DOUG is not the kind of The first was to simplify the dreaded and Terry, his wife, send their best.
person who will shrink away. There FAFSA, the Federal Aid application They want to thank you for your serv-
will be another moment where he can form that 20 million Americans fill out ice.
exhibit his ability of common sense, as every year that is 108 questions long. To see the fans gather around DOUG
he has done here in the U.S. Senate for About 90 of them are unnecessary; ev- and to see the happiness that he and
the last 3 years. erybody agrees. For years, we have Louise had when we were just out,
I am deeply going to miss his friend- been working on that to try to simplify going through the tailgates, was a won-
ship and his ability to sort the wheat it. Finally, we got a significant part of derful, wonderful sight. That tells me
from the chaff because he has been able that done. everything about his purpose for being
to do that from day one and continued DOUG JONES played a major role in here. I hope those in Alabama know
today with his farewell speech. that because what that legislation did how truly fortunate they are to have
I just want to say, God bless you, was to say to the low-income family in this gentleman, who loves Alabama
DOUG JONES, and God bless your fam- Alabama or Tennessee or Arkansas or with every fiber and bone in his body.
ily. Illinois—wherever—you don’t have to He has given them everything he has
I yield the floor. send your tax information into the and has represented their State better
The PRESIDING OFFICER. The Sen- Federal Government twice and let than any State I have ever seen rep-
ator from Tennessee. them then see if they can catch you resented with the true passion that he
Mr. ALEXANDER. Mr. President, I making a mistake and hold up your has.
heard a lot about DOUG JONES before he Pell grant for 2 months while you fig- I love you, buddy. Thank you.
got here from another courageous ure that out. All you have to do is The PRESIDING OFFICER. The Sen-
former U.S. attorney, Hal Hardin from check a box, and the Internal Revenue ator from Vermont.
Nashville. I was not disappointed when Service will fill out the tax questions Mr. LEAHY. Mr. President, I have
he arrived. on your Pell grant application for you had the privilege of serving with many,
DOUG JONES reminds me of another so that there is no chance of making a many Senators of both parties and
former Democrat who was very effec- mistake. That made a big difference. with very many whom I have ap-
tive in the Senate, Ted Kennedy. Ted And at the very same time, we agreed— plauded. Some stand out specially—
Kennedy would come on the floor and Republicans and Democrats—to perma- some for their longevity and some for
make the most—well, no one could ever nently fund historically Black colleges. who they are. DOUG JONES stands out
say he abandoned his principles, based It was a goal that had been there for a for who he is.
upon his speeches. He would stand back long time. I think, in listening to his work as a
there in the back, and the things he So I would say to my friend from prosecutor—of course, that is near and
would say would rally any Republican Alabama that I hope he puts that on dear to my heart in my having been a
Lincoln Day Dinner. In fact, all I had his wall somewhere because that helps prosecutor—I had never faced what he
to do back in Tennessee to stir up the a few hundred thousand low-income had. I think of his discussion of the
Republican crowd was to mention Ted families in Alabama alone. There is summation he gave in the trial of the
Kennedy. I did that on a regular basis. some work still to be done on that to people involved with the bombing of
However, when I made my maiden ad- finish the job, to finish the FAFSA the church in Alabama and the killing
dress, without my knowing it, Ted simplification, and there may be some and maiming of youngsters. In fact, I
Kennedy went around and got 20 co- other support for historically Black had a chance to meet one of the sur-
sponsors for the legislation I intro- colleges that we might even be able to vivors of that with DOUG, and I saw
duced that day, and I got a good dose of get done while you and I are still here. how she had felt about him all these
what it means to be an effective U.S. Yet I wanted to acknowledge a Sen- years later because he had had the
Senator, somebody who sticks to his or ator who arrived, went to work, stuck courage to stand up and do something
her opinions but, at the same time, to his principles, worked across the that may not have been popular with
who knows we are here to try to work aisle, and got results. You can’t have a some in his State, but that had been
on some sticky issues and get a result much better scorecard than that. the right thing to do. In all of the
that most of us can vote for and that I yield the floor. years I have known him here, what he
the country can accept. The PRESIDING OFFICER. The Sen- has done has been the right thing to do.
In his time here, DOUG JONES did ator from West Virginia. Now, I have only had one objection
that. I got to watch him because he Mr. MANCHIN. Mr. President, I also about him. He showed me a picture
was a member of the Health, Edu- rise to acknowledge my dear, dear that was taken when this young man,
cation, Labor, and Pensions Com- friend DOUG, but I do it in a different DOUG JONES, was working for Howell
mittee. Senator Kennedy used to chair vein. So many good things have been Heflin—Judge Heflin, as I recall. They
that committee, working with Senator said, and I think anyone who knows were standing there with these gray
ENZI, Senator Gregg, Senator Hatch, DOUG or who has paid attention to beards, and this Senator from Vermont
and others to produce a lot of legisla- what has been said today had found it asked: Who is the youngster in the pic-
tion. He used to say that committee has been very accurate as far as his ture?
has one-third of all the jurisdiction in having a commitment to the rule of Senator JONES, thank you for bring-
the Senate. Maybe that is about right. law and his compassion for any person, ing that. I know Ann Berry, in my of-
DOUG JONES was one of the newest especially for those who haven’t had fice, got a kick out of that because she
Senators. We have 23 members. He was the same opportunities as all of us had the opportunity to work with you.
way down at the end of the line, but I have had in life. That is what has We have done things that we have
noticed he always came and he always moved us all. Yet I have gotten to see been able to joke about, like being in
asked questions and he always listened. him in a different light. an airplane, where he was sitting in the
He seemed to me to be trying to say He and Louise invited me down. I got front and I was sitting in the back.
ctelli on DSK11ZRN23PROD with SENATE
what he believed but learn from the to campaign with them, and it was all Fortunately, it was on the ground. Sen-
witnesses how to get a result. about Alabama. I got to go down and ator JONES hollered out to somebody,
Let me just mention one contribu- spend a couple of days. That tells you one of the military people there: Where
tion he made that I think will stick of the true person. It not only tells you is the button for the ejection seat for
with him and with the people of Ala- what he believes and what he feels for the back?
bama and this country for a long time. the people of his State and how he rep- It caught my attention.
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7307
I have also seen this man sit there derers. Their deaths say to us that we show for it. You told us who you were
and try to discuss legislation. He would must work passionately and on your first day, and you proved it
ask: How will that help people? I don’t unrelentingly for the realization of the every day thereafter. It has been an
want this because it is politically bene- American dream.’’ honor to count you as a colleague. I
ficial to me. How will it help people? I am sure a lot of people heard those know that you are going to continue to
I have heard about towns now in Ala- words and nodded, but you heard those find ways to bend that moral arc of the
bama that I had never heard about. I words, and you were inspired. In 2001, universe toward justice, and I look for-
have also heard things he would tell me as the U.S. attorney for the Northern ward to supporting you in every way
about that would make me think of District of Alabama, you led the suc- that I can in that goal. I wish you the
towns in Vermont and make me realize cessful effort to try and convict the re- best.
we were talking about the same prob- maining two coconspirators in the I suggest the absence of a quorum.
lems. Never once would he say: These church bombing. Both men were sen- The PRESIDING OFFICER. The
are Republicans or these are Demo- tenced to life in prison. clerk will call the roll.
crats. He would say: These are people In that same office, you coordinated The legislative clerk proceeded to
in Alabama who need help. So we a joint State-Federal task force that call the roll.
would work on that. led to the indictment of domestic ter- Mr. SCOTT of Florida. Mr. President,
I will speak further about this, but, rorist Eric Rudolph. You advocated I ask unanimous consent that the order
Senator JONES, I think of you and your that Rudolph should stand trial first in for the quorum call be rescinded.
wonderful family. I think of the trips Birmingham for the deadly bombing in The PRESIDING OFFICER. Without
you and your wife and my wife and I that city of a women’s health center objection, it is so ordered.
have taken together, and I feel that I before being tried in Atlanta for the CORONAVIRUS RELIEF
have been a better Senator for knowing Centennial Olympic Park bombing. All Mr. SCOTT of Florida. Mr. President,
you and traveling with you and listen- told, these and other bombings killed 2 I came to the Senate 2 years ago be-
ing to you. I will miss you, my friend, people and injured more than 150. Ru- cause the people of Florida entrusted
and I will speak further on this. dolph pleaded guilty and was sentenced me to fight against the broken ways of
I yield the floor. to four life terms in prison because of Washington and the out-of-control
The PRESIDING OFFICER. The as- your commitment. spending that is threatening the future
sistant Democratic leader. I was honored, during the course of of our children and our grandchildren.
Mr. DURBIN. Mr. President, there is the campaign, DOUG, to do a joint fund- I am fighting every day against the
something about this DOUG JONES. raiser with you and Louise and Loret- political class in Washington—the
From the earliest stages in his life, he ta, my wife. I got to sit out on my deck same elites that scoff when people like
knew he was going to be a little bit dif- in Springfield and listen to Jason Isbell me say that government needs to be
ferent. and Joe Walsh. It was a lot of fun that run like a business. They say govern-
When I grew up in East St. Louis, IL, night. Sometimes campaigns are fun. It ment is too complicated to run like a
it was expected that my childhood hero certainly was to be with you and Lou- business, but I say that any elected of-
would be St. Louis Cardinals great ise on that particular night. ficial or government bureaucrat who
Stan ‘‘the Man’’ Musial. But when you I want to close by saying that you believes that should resign tomorrow
grew up in Fairfield, AL—also a base- shocked me on the floor of the Senate because they are part of the problem.
ball fan as a boy—it turned out that with your first speech. I couldn’t be- It is time to wake up. It is time to
your childhood heroes included Joe lieve that this new Senator from the wake up to the fact that every dime
DiMaggio, Roger Maris, and Mickey State of Alabama would give a speech spent in Washington belongs to Amer-
Mantle. I am not sure how that goes about guns and gun violence. It really ican taxpayers, and every dollar spent
over in the Deep South, to say that you told me all I needed to know about you now is a tax increase for a future gen-
are rooting for a team called the Yan- right then and there. You are willing eration.
kees. But you did it, and you knew to stick out your neck for something It is time to wake up to the fact that
from the start, in your youth, that you you believe in, even if it is going to be our Nation is more than $27 trillion in
were willing to strike out and do the controversial and even if you are going debt. Every cent we spend moving for-
radical, controversial thing. to catch hell for it, because you believe ward threatens our ability to fund our
You were 9 years old in September in it sincerely. military and our safety nets like Social
1963 when four members of the Ku Klux I know you are a proud hunter and Security, Medicare, and Medicaid.
Klan bombed the 16th Street Baptist gun owner, and there is no question in It is time to wake up to the fact that
Church in nearby Birmingham, killing my mind about your views on that our position as the leader of the free
four innocent, young girls who were issue. Yet, after the Pulse nightclub world is not promised and shouldn’t be
not much older than you were. Four- shooting in Orlando, FL, that took the taken for granted. Irresponsible career
teen years later, you were an idealistic, lives of 49 young men and women—one politicians who care more about their
young law student who skipped class to of the worst mass shootings in the Na- next election than the future of our
sit in on the trial of the ringleader of tion’s history—you supported tighter country will run this Nation into the
that church bombing. You were mes- background checks for gun sales and ground if we let them, and I am fight-
merized when listening to Alabama’s raising the age requirement to pur- ing like hell to make sure they don’t.
then-attorney general—the lead pros- chase a semiautomatic weapon. Now, let me be clear. I support an-
ecutor in the case—tell the jury: ‘‘It is I want to personally thank you, as other relief measure to help our small
never too late for justice.’’ The jury well, for showing exceptional political businesses and individuals who are
agreed and convicted the bomber. courage in cosponsoring my DACA leg- hurting because of the coronavirus.
You would go on to marry Louise, islation in the Dream Act. I will never For months, Senate Republicans
and God blessed you with three beau- forget it. have been trying to pass responsible
tiful children—two sons and a daugh- I am also proud that you were an and targeted measures to quickly help
ter. Yet the memories of those four lit- original cosponsor of Justice in Polic- those in need. And for months, Demo-
tle girls who were killed in their ing. That wasn’t an easy one either for crats have blocked these measures be-
church never left you. anybody and for you especially, but cause of politics.
In his eulogy for the four fallen girls, you stood up for what you believed in. NANCY PELOSI admitted it. She said
Dr. Martin Luther King said that the That is legislation that I joined in in- she purposely stood in the way of the
girls ‘‘say to each of us, Black and troducing with our friend CORY BOOKER deal until after the Presidential elec-
ctelli on DSK11ZRN23PROD with SENATE
White alike, that we must substitute and soon-to-be Vice President KAMALA tion so that politics would be in their
courage for caution. They say to us HARRIS. favor to avoid ‘‘considerations in the
that we must be concerned not merely So you have left your mark. It may legislation that we don’t want.’’
about who murdered them but about seem like a short time in the Senate, It is shameful and exactly why the
the system, the way of life, and the but there are those who have served for American people are fed up with Wash-
philosophy which produced the mur- much longer who have a lot less to ington.
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S7308 CONGRESSIONAL RECORD — SENATE December 9, 2020
Congress has already allocated $2 Gavin Newsom dining at the French Many families in our country right
trillion in direct and indirect aid to Laundry, Austin Mayor Steve Adler en- now are trying to figure out how to cel-
States and localities. And we know, un- couraging constituents to stay home ebrate this holiday season while they
fortunately, because Congress tried to from his timeshare in Mexico. struggle to afford daily expenses. These
get this money out the door as quickly Do as I say, not as I do. are people we need to be helping.
as possible, many programs within the These liberal politicians who refuse You wouldn’t run your business or
CARES Act are riddled with waste, in- to open their States or spend taxpayer family the way Washington is run—
efficiency, and fraud. money wisely are seeing high numbers like there is an endless supply and no
Now a group of my colleagues want of unemployment. Most of the States consequences to racking up unthink-
to spend another trillion dollars, in- with the highest unemployment rate in able amounts of debt. That is what
cluding almost $200 billion to bail out the country are controlled by Demo- many of my colleagues want. But to
liberal States with Governors who crats. keep spending money like this means
can’t do the basic job they were elected On the other hand, Republican-led taking away the same opportunities
to do—manage their own budgets. And States that are making the hard that I have had and others have had to
we don’t even know how much is still choices to get on a fiscally responsible live the American dream, and it will
unspent from the previous coronavirus path and reopen their economy safely take it away from our children and our
relief packages. are succeeding and seeing lower unem- grandchildren.
I have reached out to every single ployment rates. It is time to wake up. It is time to
Governor—twice now—to learn exactly Thirty States have halved their un- make the hard choices to put our Na-
how they have spent the hundreds of employment rate since May, while real tion on a path to recovery—recovery
billions of dollars they have already re- GDP grew 33 percent in the third quar- from this virus, from the economic dev-
ceived, and only 10 have replied. They ter, erasing losses from the previous astation it has brought with it, and
won’t tell us because they don’t want quarter. You can see there, this is from from the fiscal calamity that decades
us to know there are still billions of a Wall Street Journal editorial—if you of politicians have ignored. That in-
dollars left unspent. They don’t want haven’t heard, ‘‘states are experiencing cludes refusing to bail out wasteful
us to know that the real purpose is to a surge of—tax revenue.’’ Politicians States for their decades of poor fiscal
take taxpayer money meant to help get don’t want this good news to get out choices.
through this crisis and use it to back- because they want to get more of our I yield the floor.
fill their inefficient and wasteful budg- money from States like Florida to pay The PRESIDING OFFICER. The Sen-
ets and pension programs. for the budgets of Illinois, New York, ator from Missouri.
Liberal Governors and mayors California, and New Jersey. You can S.J. RES. 77
around the country think the Amer- see the GDP growth of 33 percent in Mr. BLUNT. Mr. President, later
ican people are stupid. They think tax- that quarter. today, we will vote on whether to go
payers in States like Florida won’t re- Over here you can see States have forward with the arms sales that the
alize if the Federal Government uses seen a big drop-off in their unemploy- administration notified the Congress of
their taxpayer money to bail out ment rates by half over the last 6 a few weeks ago. These would be arms
States like New York and California months, and there has been a big sales to the United Arab Emirates,
and pay for those States’ wasteful growth in private sector employment, equipment sales. These sales clearly
spending. but it doesn’t stop these liberal Gov-
Governor Newsom has had his hand would continue the 20 years of growth
ernors and mayors from wanting more in our relationship, working side by
out for a bailout despite the fact that
money. side against common concerns and
California’s tax revenues for this fiscal
Look, I know everyone wants to help common enemies.
year are running $9.9 billion or 18.6 per-
our States, and so do I. We help our This really goes back through three
cent above projections. Personal in-
States by ensuring appropriate spend- different administrations, going back
come tax revenue in October was $1 bil-
ing of the billions of dollars in tax- to 9/11 and beyond, where the UAE has
lion—15.6 percent higher than in the
payer dollars already allocated. We consistently been willing to stand with
previous October in California, and
help our States by safely opening the us in at least six long-term deploy-
sales taxes were up 9.2 percent. For the
economy and getting Americans back ments. They come; they stay. They are
last 4 months, overall revenue in Cali-
to work. We help our States by sending side by side with us in the field. They
fornia has exceeded spring forecasts
money to schools to safely reopen and have been with us in the air. They are
and even 2019 collections.
This is a State that paid $1.5 million funding vaccine research and distribu- flying what has previously been our
to the chief investment officer of its tion. best piece of aircraft at a level that we
public pension fund, who was actively Most States will be in a strong posi- would share it with other countries
investing in companies tied to the Chi- tion to get through this pandemic that are friends of ours.
nese Communist Party, only to later without more Federal aid, and that is This sale will continue that. It con-
find out this person was personally in- great news for our country. But we tinues to allow even more interoper-
vested in companies with ties to the know New York, California, Illinois, ability between the United States and
Chinese Communist Party. You can’t New Jersey don’t need bailouts; they the UAE and Israel.
make this stuff up. How is that for pen- want bailouts so they can use that Israel, by the way, is totally sup-
sion waste and a national security money intended to address the fallout portive of this sale. The Ambassador
threat? from COVID to backfill their long- from the United Arab Emirates and the
It is the same story with Governor standing budget problems and their Ambassador from Israel earlier this
Cuomo. New York’s overall tax revenue pension problems. week had a public event where they
was up 4.3 percent in September com- I have said all along that I will not both talked about the support of Israel
pared to September 2019. support that. It is not fair to the citi- for this sale.
These are the same Governors who zens of States like Florida, where over As you know very well, our law re-
are OK issuing new stay-at-home or- my 8 years as Governor, we made the quires a quantitative advantage for
ders that are killing small businesses. hard choices—they were hard—that put Israel when we sell them equipment.
As long as they get more money from our State on a fiscally secure path. We We have even a slightly different ad-
the Federal Government to backfill paid down our State debt. We cut vantage, but being able to continue
their budgets and pension plans, they taxes. We balanced our budget every this relationship is important.
don’t care how many people in their year without borrowing money. The F–35 jets, the MQ–9 unarmed aer-
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States have to suffer. These Governors And $908 billion—$908 billion—of ial vehicles, advanced munitions—I
and mayors don’t care, as long as they spending today equals a tax increase of think the total sale is about $23.5 bil-
don’t have to follow their own oppres- $7,000 per American family down the lion. And this is not any kind of gift
sive rules. road. It is not money that we have. It from the United States to the UAE.
Let’s not forget about NANCY PELOSI is a tax increase of $7,000 per American This is the UAE making a purchase to-
and the hair salon, California Governor family down the line. taling $23.5 billion for equipment that
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7309
is made by American companies and al- der exactly what do you have to do to prehensive bipartisan reform of our
most always by American workers. continue to be a trusted partner of the anti-money laundering laws.
In August, we had the first break- United States. I would like to thank my colleagues,
through in a diplomatic sense in the I yield the floor. especially Senator CRAPO and other
Middle East in a long time. President The PRESIDING OFFICER. The Sen- Banking and Housing Committee col-
Trump deserves credit for that. Israel ator from Ohio. leagues: Senators WARNER, JONES,
deserves credit for that. But the UAE Mr. BROWN. Mr. President, I would REED, ROUNDS, and off the committee,
deserves credit for that. The Abraham restate my request, whenever I come to Senators WYDEN, WHITEHOUSE, GRA-
accords, where the UAE formally rec- the floor, that the Presiding Officer HAM, and GRASSLEY, and the Presiding
ognized Israel, began to have flights wear a mask because he has people sit- Officer, Senator COTTON, for his work
back and forth and other things that ting in front of him that could be at on this legislation.
were significant in changing the envi- risk. On the House side, Chairwoman
ronment in the Middle East, the most REMEMBERING PAUL SARBANES WATERS and Chairman MALONEY and
difficult part of the world—the greatest Mr. President, this weekend, we lost Representative CLEAVER, thank you to
breakthrough in 40 years. But that fol- a former Member of this body who all of them for working so hard to en-
lowed a number of breakthroughs that truly embodied the spirit of service sure that today we have this crucial bi-
weren’t quite as public, where this re- that should animate all of our work. partisan legislation in this defense con-
lationship has grown—the Israel rela- His name is Paul Sarbanes. He passed ference report that will reform our
tionship with the UAE—just like our away a few days ago. He was a long- money laundering laws and finally end
relationship has gotten stronger over time chair of the committee of the Pre- abuses by anonymous shell companies.
time. siding Officer. I would like to extend my thanks to
To see the recognition of the two As chair of the Banking and Housing a former colleague, Chairman LEVIN,
governments together, to see Bahrain Committee, he was always a voice for who was chair of Armed Services and
follow that—I think we are going to see consumers and working families, the Permanent Subcommittee on In-
other countries in the area decide that standing up against powerful corporate vestigations and to President Obama,
a region that lives in peace with Israel interests. The accomplishment that who both voted on these issues for
is a good thing for everybody involved, bears his name, the Sarbanes-Oxley years. Many of their good ideas are
not a bad thing for anybody. So it is Act, was a landmark law in our efforts codified in this bill, harvesting some of
important. to hold corporations accountable. It the seeds they planted years ago.
I think how the Congress deals with helped protect Americans who invest The Anti-Money Laundering Act and
this is significant. We have been noti- hard-earned money for retirement and the Corporate Transparency Act are
fied as the law requires us to be noti- for their kids’ education from cor- the products of months and months of
fied. Under this notification process, I porate banking fraud, the kind that bipartisan negotiations between and
bankrupted families after scandals like among Members of the House and Sen-
don’t believe any sale has been denied,
ate and certainly the staffs of Senator
and only one sale has been altered. Enron.
The President has to agree. So if we Senator Sarbanes also never ignored COTTON and me and Senator CRAPO and
debate this for hours and somehow it the housing part of our committee’s ju- others. I thank them for their good
narrowly passes and the President ve- risdiction. He fought to make sure that work.
The bill is a critical step to fight
toes it and we don’t have the votes to all Americans could find and afford a
money laundering and crack down on
override the veto, which I am confident place to call home. Whenever devel-
shell companies. While there are things
we would not have—in fact, I think we opers tried to make a deal in Maryland,
I would have done differently had we
very likely have the votes to go ahead he was always adamant they include
been writing the bill on our own, over-
and deal with this right here, right affordable housing in their projects be-
all, it is an effective and comprehen-
now. It is the right thing to do. It is cause, fundamentally, he never forgot sive response to the problem of illicit
the right time to do it. We will never where he came from. The son of Greek finance. I strongly support it.
have more of a long-term runway of immigrants, Paul Sarbanes grew up a Criminals abuse the U.S. financial
how things under the Bush administra- working-class kid, bussing tables at his system to launder money from drug
tion, the Obama administration, and family’s restaurant on the Eastern trafficking, organized crime, Medicare
the Trump administration have contin- Shore. and Medicaid fraud, weapons sales, and
ued to progress to where the UAE has In the Senate, he cared about getting other criminal activities. I spoke today
become a trusted ally. results for the people he served, not about this with Sheriff Burke of To-
Now, they have become a trusted ally about getting the credit. Some of his ledo, the Lucas County Sheriff, a long-
and a trusted diplomatic partner in colleagues called him the ‘‘stealth sen- time sheriff, and U.S. Marshal Pete El-
this important breakthrough. Having ator.’’ He welcomed the nickname. He liott of Cleveland of the Northern Dis-
this kind of equipment not only allows told the Baltimore Sun that stealth is trict. They welcomed this language,
us to be interoperable, but frankly, it ‘‘one of the most important weapons in and they welcome this law. This will
creates the opportunities for American our military arsenal. . . . If you let help them do their jobs better.
military and American technicians to somebody else take the credit, you can Much of this dirty money that comes
be working with them every time you get the result.’’ from organized crime in Medicaid
have an upgrade, every time you have Senator Sarbanes was the definition fraud, weapons sales, drug trafficking,
a significant maintenance issue. That of a true public servant. May he rest in and sex trafficking is laundered
just further enhances, as does working peace as he joins his beloved wife through anonymous shell corporations.
through how that equipment is used Christine. Connie and I pray for Rep- These are not victimless crimes. They
afterwards—all of that further en- resentative JOHN SARBANES, his son, directly hurt Ohio communities, espe-
hances the constant dialogue, the con- and the entire Sarbanes family. cially those torn apart by the opioid
stant reinforcement of our friends who I hope my colleagues will join me in crisis.
see common enemies and are working honoring Senator Sarbanes by building Sinaloa cartel actors and Fentanyl
directly to move their country and on his legacy, standing up to the cor- traffickers have been destroying thou-
their region in a much better direction. porations that have too much power in sands of families. They use money
I hope that the Senate today does this country, and fighting for the laundering to get their drug money in
what it needs to do and sends that mes- working people we serve. Paul Sar- and out of the country. Human traf-
sage that we understand what Israel banes, like many others in this body, fickers who prey on runaways at truck
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would like to see happen, what the understood the dignity of work. stops along major interstate highways
UAE would like to see happen, and, NATIONAL DEFENSE AUTHORIZATION ACT in Ohio and across the country also use
frankly, what will happen and happens Mr. President, yesterday the House the financial system to launder their
better if this debate focuses more on overwhelmingly passed the NDAA con- profits. We need to give law enforce-
what that outcome produces, rather ference report by a veto-proof majority ment new modern tools to stop their
than a debate that makes people won- of 335 to 78. That bill includes our com- crimes.
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S7310 CONGRESSIONAL RECORD — SENATE December 9, 2020
The bill finally requires comprehen- gress to oversee the use of—and some- Human traffickers who exploit the
sive reporting by U.S. companies of times continuing violations by banks misery of runaways in truckstops
their actual owners—no more hiding under—deferred prosecution agree- along major interstate highways in
these abuses in anonymous shell com- ments and non-prosecution agree- Ohio and across the country use the fi-
panies. It cracks down on bankers who ments, which too often are a slap on nancial system to launder their profits.
look the other way to actively aid the wrist by regulators for banks that Medicare fraudsters cost the tax-
money laundering and cracks down on evade sanctions, violate our AML payers $2.6 billion in one recent year,
Big Banks that have shoddy compli- rules, or otherwise violate banking according to the HHS Inspector Gen-
ance systems. If you are helping drug laws. As I have said, banks can’t be too eral, and tarnish the reputation of this
traders hide their illegal fentanyl prof- big to jail, and regulators can’t treat lifeline for seniors.
its, you deserve more than a slap on them that way.
To help accomplish all these goals, That’s why anti-money laundering
the wrist. Banks cannot be too big to
the conference agreement authorizes and corporate transparency laws are so
jail, and laws can’t treat them that
additional funding for the Treasury De- critical: they protect the integrity of
way.
partment, and we expect the Depart- our financial system, provide critical
I will closely monitor how this crit-
ment to insist on strong accountability intelligence to law enforcement to
ical legislation is being implemented. I
for results and to be responsive to con- combat crime and help give victims the
spoke this week already with the Sec-
gressional oversight as its officials tools they need to hold bad actors ac-
retary of Treasury designee and the
work to implement this legislation. countable.
Deputy Secretary of Treasury designee
about being ready to administer and In addition, the bill finally requires Under Treasury’s existing rules,
enforce these laws. I look forward to comprehensive reporting by U.S. com- banks are already working to secure
working with the administration to en- panies of their actual owners. No more some of this information from
sure that Treasury puts in place effec- hiding in the dark abuses by anony- accountholders when they open ac-
tive anti-money laundering and cor- mous shell companies to commit counts. And while banks must continue
porate transparency rules to imple- crimes. to play a key monitoring role, it’s also
Unlike in most areas of reform and important that we finally, after all
ment the bill as soon as possible.
We know that criminals have long transparency, where the U.S. has led these years, require companies to pro-
been revising their tactics to get the way, on this issue of anonymous vide basic information on their owner-
around our current laws. This bill will shell companies we have long lagged ship when they’re formed.
enable us to get ahead of them and behind other nations, and failed to re-
The bill contains a strong definition
quire uniform and clear ownership in-
stay ahead of them. of ‘‘beneficial owner’’ which includes a
I urge my colleagues to support it. formation for firms at the time of their
two-part test covering individuals who,
They supported this language in the incorporation in the states.
This information is critical to law directly or indirectly, exercise substan-
NDAA, and I ask them to support the tial control over an entity or hold or
enforcement. In the U.S. investigators
NDAA. control an ownership interest in the
often have to spend precious time and
Taken together, as we designed them, entity. The definition is clear that a
resources issuing subpoenas and chas-
these measures reform, update and nominee, intermediary, custodian, or
ing down leads—sometimes jumping
strengthen our current anti-money agent acting on behalf of another indi-
from anonymous shell company to
laundering laws and make critical vidual cannot be the beneficial owner
anonymous shell company—to secure
changes to U.S. corporate disclosure of an entity. Nominees are not bene-
basic information about who actually
laws to combat abuses by owners of ficial owners; neither are trustees or
owns a company. That makes no sense.
anonymous shell companies—including attorneys acting as agents.
And with this bill, it will end.
foreign owners from China, Russia, Treasury’s National Money Laun- The definition is also clear that em-
Iran, North Korea and other coun- dering Risk Assessment estimates that ployees do not qualify as beneficial
tries—who have for years been exploit- around $300 billion in illicit proceeds owners of an entity unless, apart from
ing our system for criminal purposes. from domestic financial crime is gen- their employment status, they hold an
The legislation strengthens the erated annually. ownership interest in the entity or can
Treasury Department’s financial intel- Criminals have for a very long time exercise substantial control over the
ligence, anti-money laundering (AML), abused our financial system to launder entity such as the ability to transfer
and countering the financing of ter- funds gained through narcotics traf- some or all of the entity’s assets or
rorism (CFT) programs, modernizing ficking, organized crime, Medicare and earnings to their personal use. The pro-
our legal regime and improving com- Medicaid fraud, weapons proliferation vision defines ‘‘beneficial owner’’ as an
munication, oversight, and informa- and other criminal activities. Much of individual who directly or indirectly
tion-sharing in these areas. this dirty money is laundered through ‘‘owns or controls not less than 25 per-
The conference agreement requires anonymous shell corporations. cent of the ownership interests of the
much more routine and systemic co- Over the years we have heard all entity.’’ When applying this part of the
ordination, communication, and feed- about these abuses, from the ‘‘Panama test, FinCEN must consider what to do
back among financial institutions, reg- Papers’’ to the ‘‘Paradise Papers’’ to, if no one individual meets the 25 per-
ulators, and law enforcement, to enable more recently this year, the series of cent minimum, and how that situation
them to identify and act on suspicious news articles called the ‘‘FinCEN may trigger the second part of the ben-
financial activities, better target bank files.’’ eficial owner test which requires dis-
resources on critical AML tasks, and These exposures of abuses in our sys- closure of the individuals who exercise
increase the likelihood of bad actors tem by dedicated journalists and na- ‘‘substantial control over the entity.’’
being caught by law enforcement. tional and international transparency
It also provides for new whistle- organizations have highlighted prob- To determine whether an individual
blower protections for those reporting lems involving human trafficking, drug exercises ‘‘substantial control’’ over an
BSA violations and provides for pay- trafficking, terrorism, money laun- entity, FinCEN is not intended to de-
ment of whistleblower rewards. dering, fraud, tax evasion, and other vise a numerical, narrow, or rigid test.
It establishes tough new penalties on crimes involving illicit finance. Instead, the standard is intended to
those convicted of serious Bank Se- None of these abuses are victimless function with flexibility to take into
crecy Act violations, including addi- crimes. account the myriad ways that an indi-
tional penalties for repeat violators, Money laundering for drug cartels vidual may exercise control over an en-
ctelli on DSK11ZRN23PROD with SENATE
and imposes a ban on financial-institu- has a direct line to the opioid crisis in tity while holding minimal or even no
tion board service for those convicted Ohio, where Sinaloa cartel actors or formal ownership interest.
of egregious BSA-related crimes. fentanyl traffickers have been destroy- They include written and unwritten
It would require important new re- ing thousands of families. Combined agreements, arrangements, or under-
porting from the Department of Jus- with the pandemic, these drugs have standings, instructions to company di-
tice and Treasury to better enable Con- hurt thousands of Ohio families. rectors or officers, letter of wishes,
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7311
control over personnel decisions, eco- that is registered with the SEC, has Again, these exemptions are intended
nomic pressure on company share- disclosed its own beneficial ownership to be narrowly interpreted to prevent
holders or employees, coercion, brib- information to the federal government, their use by entities that otherwise fail
ery, threats of bodily harm, and other and has filed a Form ADV disclosing to disclose their beneficial owners to
legal and illegal means of exercising the PIV’s legal name and any other in- the federal government.
control. formation related to the PIV that the To ensure the bill’s exemptions func-
Evidence that one or more individ- federal government may require. tion as intended, the Treasury,
uals are exercising substantial control In addition, PIVs formed under the FinCEN, OCC, IRS, SEC, CFTC, and
over a specific entity is expected to laws of a foreign jurisdiction must file other federal regulators should review
vary widely and may encompass such with FinCEN a certification identi- and, if necessary, strengthen their fil-
matters as emailed or telephoned in- fying every individual that exercises ing forms to ensure that beneficial as
structions from the individuals sus- substantial control over the PIV, pro- well as nominal owners are disclosed to
pected of being beneficial owners or viding the same information required the federal government by the specified
their agents, employment or personnel for beneficial owners. exempt entities, including investment
decisions made at the direction or with Because evidence shows that crimi- companies, investment advisers, pooled
the approval of such individuals, finan- nals, fraudsters, and U.S. adversaries investment vehicles, money transmit-
cial accounts that name such individ- are increasingly using PIVs to launder ting businesses, and all entities reg-
uals as signatories, investment deci- funds and commit other wrongdoing, istered with the SEC, among others.
sions made at the direction or rec- this exemption is of special concern The justification for the exemption
ommendation of such individuals, or and should be subject to continuous, of entities that have both physical op-
transfers of funds or assets to or at the careful review by Treasury as provided erations and at least 20 employees in
direction of such individuals. in the new 31 U.S.C. 5336(i) to see the United States is that those enti-
Requiring companies to provide their whether it should be retained or re- ties’ physical U.S. presence will make
ownership information and storing it moved. it easy for U.S. law enforcement to dis-
The exemption for dormant compa-
in a secure federal database like cover those entities’ true owners. Like
nies is intended to function solely as a
FinCEN’s, alongside account holders’ other exemptions in the bill, this ex-
grandfathering provision that exempts
banking information, will help address emption should be narrowly construed
from disclosure only those dormant
longstanding problems for U.S. law en- to exclude entities that do not have an
companies in existence prior to the
forcement. easily located physical presence in the
bill’s enactment; those grandfathered
It will help them investigate and United States, do not have multiple
entities are also required to imme-
prosecute cases involving terrorism, employees physically present on an on-
diately disclose their beneficial owners
weapons proliferation, drug traf- going basis in the United States, or use
to FinCEN as soon as their ownership
ficking, money laundering, Medicare strategies that make it difficult for
changes hands, they become active en-
and Medicaid fraud, human trafficking, U.S. law enforcement to contact their
tities, or they otherwise lose their ex-
and other crimes. And it will provide empt status. No entity created after workforce or discover the names of
ready access to this information under the date of enactment of the bill is in- their beneficial owners. This exemp-
long-established and effective privacy tended to qualify for exemption as a tion should be subject to continuous,
rules. dormant company. careful review by Treasury under the
Without these reforms, criminals, The exemption provided to certain new 31 U.S.C. 5336(i) to detect and pre-
terrorists and even rogue nations could charitable and nonprofit entities also vent its misuse.
continue to use layer upon layer of merits narrow construction and careful Extending the disclosure exemption
shell companies to disguise and launder review in light of past evidence of to subsidiaries whose ownership inter-
illicit funds. That makes it harder to wrongdoers misusing charities, founda- ests are owned or controlled by one or
hold bad actors accountable, and puts tions, and other nonprofit entities to more of certain identified exempt enti-
us all at risk. launder funds and advance criminal ties is, again, intended to be inter-
The bill also contains certain exemp- and civil misconduct. This exemption preted as narrowly as possible to ex-
tions. The basic justification behind is intended to apply only to entities clude subsidiaries that never disclose
the bill’s exemptions is that each ex- that are engaged in charitable or non- their true owners to the federal govern-
empt category refers to entities that profit activities, and not to entities en- ment.
already disclose their beneficial owners gaged in for-profit businesses or for- The exemption is intended to apply
to the government in one way or an- profit activities. only to subsidiaries that are wholly
other and so don’t need to duplicate The exemption is based, in part, upon owned or controlled by one or more of
that disclosure in the FinCEN data- provisions in U.S. and state laws that the exempt categories of entities;
base. enable federal and state officials to that’s why the provision does not con-
For example, publicly traded compa- regulate and investigate nonprofit or- tain any reference to the 25% owner-
nies already disclose their true owners ganizations to ensure, for example, ship figure that appears in the defini-
to the SEC, and banks already disclose that the individuals behind them are tion of beneficial owner.
their true owners to federal bank regu- not using the entity’s assets to inap- The Federal Reserve, Treasury, OCC,
lators; there is no reason to require propriately enrich themselves, unfairly SEC, CFTC, FDIC, and other federal
those entities to disclose the same in- compete against businesses that pay regulators should review their filing re-
formation to FinCEN. Each of the ex- taxes, or advance other inappropriate quirements to ensure that the entities
emptions should be interpreted as nar- objectives. that report to them, such as banks,
rowly as possible to exclude entities In addition, the exemption given to publicly traded corporations, securities
that do not disclose their beneficial entities that ‘‘operate exclusively to dealers, exchange operators, or com-
owners to the government. provide financial assistance to or hold modity brokers, include requirements
Exemptions created for pooled in- governance rights over’’ a charitable to disclose the subsidiaries they wholly
vestment vehicles, dormant companies, entity is intended to be even more re- own or control. This exemption, like
and certain nonprofits require espe- strictive; it is confined to entities that others, should be subject to contin-
cially narrow interpretations to limit qualify as U.S. persons under U.S. tax uous, careful review by Treasury under
those exemptions to entities that pro- law, have only U.S. citizens or resi- the new 31 U.S.C. 5336(i) to detect and
vide some level of ownership disclosure dents as their beneficial owners, and prevent its misuse.
to the government. derive ‘‘at least a majority’’ of their For their part, FinCEN identifiers
ctelli on DSK11ZRN23PROD with SENATE
The exemption for pooled investment funds from U.S. persons—meaning the are intended to simplify beneficial
vehicles is intended to be available exemption is not available under any ownership disclosures by eliminating
only to PIVs that rely for investment circumstance for entities formed under spelling and naming issues that can
advice and services on a regulated bank foreign laws, established for foreign cause confusion or mistakes related to
or on a securities broker-dealer, invest- beneficial owners, or funded primarily the precise individuals or entities in an
ment company, or investment adviser with foreign funds. ownership chain.
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S7312 CONGRESSIONAL RECORD — SENATE December 9, 2020
FinCEN should design rules that will proval by a federal judge each time law the implementing rule requiring fed-
encourage both individuals and entities enforcement wanted to access the data- eral, state, and tribal agencies to co-
to obtain and use FinCEN identifiers in base—an approach which would have operate with its efforts to ensure an ac-
their beneficial ownership disclosures. gutted the bill, tied up our federal curate, complete, and highly useful
When assigning FinCEN identifiers to courts, and effectively rendered it inac- database of beneficial information and
entities, FinCEN should first ensure cessible to state and local law enforce- to provide notice of the law’s beneficial
that the entity has already disclosed ment. But the key here is a robust, ownership transparency obligations, as
its beneficial ownership information to functional and effective database at required by the new law.
FinCEN. An entity that has not dis- FinCEN to house this information and The Treasury IG should take imme-
closed its beneficial ownership infor- make it readily available. diate steps to establish a process to ac-
mation to FinCEN does not qualify and FinCEN should take immediate steps cept, store, and analyze information
should not be granted a FinCEN identi- to create the new database needed to provided by a federal, state, local or
fier. contain beneficial ownership informa- tribal agency, foreign government, fi-
It is critical that, from the begin- tion. It should use state of the art nancial institution, reporting com-
ning, FinCEN issue rules that ensure technology, procedures, and safeguards pany, civil society group, the public, or
only one identifying number is as- to ensure the database is secure, easy others in the form of comments or
signed to each individual and to each to search, easy to audit, and easy to complaints related to how FinCEN pro-
entity, including all successors to a correct and update. FinCEN should use vides notification of the law’s bene-
specific entity. FinCEN should also es- its new hiring authority to hire the in- ficial ownership transparency require-
tablish mechanisms to detect and cor- formation technology specialists need- ments, how FinCEN collects and stores
rect any procedure or database field ed to create the new beneficial owner- beneficial ownership information, or
that may lead to the same individual ship database. In designing the data- regarding the accuracy, completeness,
or entity possessing or using more than base, FinCEN should survey other ben- or timeliness of the information in the
one FinCEN identifier. eficial ownership databases to deter- FinCEN beneficial ownership database.
Chairman CRAPO and I agreed two mine their best features and design,
years ago that we must get this done in and create a structure that secures the As part of that process, the Treasury
this Congress—we must finally enact data as required by law. FinCEN should IG should establish procedures that
sweeping legislation to require com- ensure that federal, state, local, and will enable comments or complaints
plete ownership information—not of tribal law enforcement can access the identifying false, out-of-date, or incom-
front men and women, not of those beneficial ownership database without plete beneficial ownership information
forming companies on behalf of those excessive delays or red tape in a man- in the database or providing correct,
who will pull the strings from behind ner modeled after its existing systems up-to-date, or complete beneficial own-
the curtain—but of the actual owners providing law enforcement access to ership information in the database
of companies to be available to appro- databases containing currency trans- promptly to reach the FinCEN per-
priate law enforcement, intelligence action and suspicious activity report sonnel charged with ensuring the data-
and national security officials in our information. base’s accuracy, completeness, and
government who need it to combat FinCEN should allow federal, state, timeliness. In addition, the Treasury
crime. local, and tribal law enforcement to ac- IG should establish a procedure to con-
This bill lays out a system to do that cess the beneficial ownership data for duct periodic audits to determine the
simply, efficiently and effectively, both criminal and civil purposes, in- extent to which such information actu-
without unduly burdening small busi- cluding law enforcement activities de- ally reached the proper FinCEN per-
nesses or others, and while providing signed to combat terrorism, money sonnel, was logged, stored, and ana-
extensive protections for the informa- laundering, trafficking, corruption, lyzed, led to changes in the database,
tion. In Europe, that information is in- evasion of sanctions, noncompliance and actually improved the accuracy,
cluded in a public database. This ap- with tax law, fraud, counterfeit goods, completeness, and timeliness of the
proach is different, imposing some lim- market manipulation, insider trading, beneficial ownership database.
its on who will have access, and under consumer abuse, cybercrime, election In response to the bill, the Adminis-
what circumstances. interference, and other types of crimi- trator for Federal Procurement Policy
For example, it provides that federal nal and civil wrongdoing. should take immediate steps to revise
agency heads or their designees—and FinCEN should also provide appro- the Federal Acquisition Regulation to
agencies can extend that delegation as priate access to beneficial ownership require covered federal contractors and
far down in their organizational chain data for foreign law enforcement re- subcontractors, at an early stage in the
as they like—can provide access to the questing the information for criminal federal procurement process, to dis-
database to appropriate law enforce- or civil purposes, including appropriate close to the federal government in
ment authorities once per investiga- requests made by a prosecutor, judge, writing, and to update over time, infor-
tion, so they do not need to keep re- foreign central authority, or com- mation on their beneficial owners.
peating that authorization for the petent authority in a foreign jurisdic-
To carry out this provision in the
same investigation. And those delega- tion, keeping in mind that U.S. law en-
law, the Administrator should work
tions can be made on a bulk basis, so forcement will be seeking similar in-
with the General Services Administra-
groups or classes of employees can be formation from those same foreign law
tion to add a beneficial ownership dis-
authorized to access the data as need- enforcement agencies on a reciprocal
closure requirement to the database
ed. basis. FinCEN should endeavor to de-
For State, local or tribal law enforce- authorizing entities to bid on federal
sign a system that will provide appro-
ment, they must get approval by a contracts.
priate beneficial ownership informa-
tribal, local, or state court of com- tion to foreign law enforcement with- At the same time it is developing
petent jurisdiction, which need not be out excessive delays or red tape. regulations to implement the new law,
a judge—it can include an officer of the As part of its implementation effort, FinCEN should simultaneously revise
court like a magistrate, court clerk or FinCEN should take immediate steps the existing customer due diligence
other administrative officer. to work with states and Indian Tribes rule to bring it into harmony with the
While I saw no reason to treat fed- to determine how to confirm that all new law and all proposed regulations.
eral, state and local law enforcement covered entities formed or adminis- In doing so, FinCEN should carefully
officials differently, my Republican tered by those states or tribes actually evaluate the existing customer due
ctelli on DSK11ZRN23PROD with SENATE
colleagues insisted on this differential file and update the beneficial owner- diligence rule and preserve provisions
treatment, and I am hopeful that the ship information required by law. that do not conflict with the new law.
flexibility we have built in should We expect FinCEN to include any re- Among other changes, the revised cus-
make it workable. sulting procedures or audits in the rule tomer due diligence rule must use the
It is far more workable than the implementing the law. FinCEN should new definition of beneficial owner es-
scheme some had pushed, to require ap- also include appropriate provisions in tablished in the law. Treasury and
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7313
FinCEN should create a transition pe- In 2017, the UAE government also If they weren’t used wisely in the
riod for financial institutions to imple- handed down a 10-year sentence to Nas- most recent years in the Yemeni war,
ment the new beneficial ownership re- ser bin-Ghaith, an economist, for his will they be used differently in the fu-
quirements. Lastly, FinCEN should criticism of the UAE and Egyptian ture? Can we trust the people who were
also take steps to establish procedures Governments. Is this the kind of coun- part of a bombing campaign of civil-
as needed to administer the revised try that deserves our most sophisti- ians in Yemen to do an act more wisely
customer due diligence rule effectively. cated weaponry? with weapons in the future?
Updating and strengthening our AML In 2018, the UAE arrested Matthew Let’s also not forget that a media in-
and beneficial ownership laws will give Hedges, a British citizen and doctoral vestigation found that weapons that we
us a 21st century system to combat student, and denied him access to legal sent to the coalition—U.S. weapons
these crimes. I guarantee you crimi- counsel for 5 months. They sentenced that were sent to the Saudi-UAE coali-
nals have long been revising, adjusting him to life in prison for spying charges tion—were lost, and, in some cases,
and amending their tactics to cir- based on a confession that was ob- handed over to terrorists. That is right.
cumvent our current laws. We must get tained in an undisclosed location. They Military equipment from the United
ahead of them, and stay ahead of them. were ultimately forced to pardon him States was sent to the UAE, but it
This bill will enable us to do that. after international outrage. Is this the wound up in the hands of terrorists.
I urge my colleagues to support the kind of country that we can trust with The Saudi-UAE coalition reportedly
conference report and this important our most sophisticated weaponry? used U.S. weapons as currency to win
measure. The fact that the UAE is willing to the approval of militias inside Yemen.
I yield the floor. buy this technology is not in and of To be clear, these activities are
The PRESIDING OFFICER. The Sen- itself justification for the sale. This is against the terms of sale. We told
ator from Kentucky. the time to carefully study the situa- them: You can’t give away our weap-
f tion in the region and to consider the ons. You can’t use our weapons to pur-
MOTION TO DISCHARGE—S.J. RES. effects of accelerating the Middle East- chase the support of Sunni extremists
78 ern arms race in the short-term and in in Yemen. But they did. This should
the long-term. give us cause for concern. This should
Mr. PAUL. Mr. President, I rise make us say: Whoa. Let’s stop, and
today to oppose another massive infu- This is why our government
shouldn’t be rushing into approving let’s pause before we send more weap-
sion of arms into the volatile Middle ons into this war.
East. this sale; yet our government is mov-
ing at warp speed to approve this sale. Not only that, but Iranian proxies
Someone must ask the question: Can captured some of these weapons, and,
a lasting peace be purchased with more It is as if we intentionally don’t want
to consider all of these issues. predictably, pointed them back at the
weapons? Will selling sophisticated Saudi-UAE coalition. Guns, missiles,
fighter jets and weaponized drones The most frequently cited argument
in favor of this sale is that the UAE and vehicles ended up in the hands of
bring more stability to the Middle terrorists—weapons that we put on the
East? Is it wise to pour fuel on the fire has taken encouraging steps in the last
few months. They have normalized re- ground in the Middle East.
that burns in the Middle East? The same investigation found Mine
The Senate today is debating with lations with Israel, facilitated civilian
Resistant Ambush Protected Vehicles,
these joint resolutions whether to dis- travel, and more. Great. I am all-in for
MRAPs, in the hands of Sunni allies of
approve of the announced sale of 50 F– that.
the UAE and Saudi Arabia. But guess
35s and 18 Reaper Drones to the United We should be encouraging peaceful
who some of these Sunni allies were.
Arab Emirates, a country that has re- relations between countries. I support
Al-Qaida in the Arabian Peninsula. We
cently taken encouraging steps specifi- those efforts. But it is not clear that
are talking about the remnants of al-
cally toward Israel, but with an overall dropping advanced military technology
Qaida in Yemen were getting weapons
record that should give concern. into the region is, in fact, encouraging that we were giving to the UAE in
The primary questions we should be peaceful relations, given how these Saudi Arabia. Does this sound like the
asking ourselves are: To what ends has weapons have been used in recent kind of behavior we should reward with
the UAE deployed its military and its times. more weapons?
military technology in recent years? The UAE spent years bombing Yemen One of the MRAPs still had the ex-
Does the UAE have a record that we as part of a coalition with Saudi Ara- port label on it indicating that it had
can trust? What military behavior are bia to stop the Houthis. This bombing been sent from Beaumont, TX, to the
we encouraging and rewarding with campaign was undisciplined and slop- UAE before ultimately getting ille-
this sale? Will the U.S. bear responsi- py. Civilians, residents, and other non- gally transferred to extremists in
bility if the UAE misuses these incred- military targets were often destroyed. Yemen. Is this the kind of behavior we
ibly sophisticated weapons? The U.N. reports approximately 7,000 should reward with more of our sophis-
The answers to these questions are civilians killed in Yemen and over ticated technology?
far from clear. In fact, the UAE’s 10,000 wounded. The serial number on another MRAP
record should give us pause. The UAE The Saudi-UAE coalition helped cre- in the possession of the Iranian-backed
is not a democracy. Their human ate a humanitarian crisis in Yemen. Houthis was traced back to the 2014
rights record is mixed, and their mili- Amid collapsing public services, the sale of U.S. MRAPs to the UAE. So the
tary activities in the region, as a one- largest cholera epidemic on record has UAE not only was trading our weapons
time member of the Saudi coalition, affected at least 2 million people— for support among Sunni extremists,
contributed to the bloodshed and dev- probably more—and killed almost 4,000. including al-Qaida-affiliated extremists
astation in Yemen. A lot of this is to be blamed on the in Yemen, but they also were having
On human rights, let’s look at some civil war that had been perpetuated by their equipment taken by the Houthis.
recent reported examples. In 2017, Saudi Arabia and the UAE. So on both sides of the war in Yemen,
Ahmed Monsoor, a human rights activ- At the height of the destruction, a we had U.S. weapons. Is it a good idea
ist, was given a 10-year prison sentence Yemeni child would die of starvation to flood the Middle East with more of
based on his speech. Specifically, he every 10 minutes. More than 50,000 chil- our weapons? Is it a good idea to keep
was charged for posting ‘‘false informa- dren have been lost to starvation. sending weapons that wind up in the
tion that harms national unity’’ on so- I have argued for years that the hands of people who don’t have our
cial media. The charges against him United States should play no role in best interests at heart?
were based on a call for the release of worsening the crisis via an arms pipe- Now, people say: Well, the UAE is
ctelli on DSK11ZRN23PROD with SENATE
another activist who had been put in line to the coalition that perpetuates doing better. They have stepped back
prison for political speech. Is this the this war. American technology helped from the coalition. They are not, you
kind of democracy or lack of democ- facilitate this crisis and should be a know, fighting as vigorously in the
racy and lack of speech that should be real concern about sending more Amer- UAE. But there still are reports that
rewarded with our most sophisticated ican bombs and fighter planes into this UAE is still involved in the civil war in
weaponry? region. Yemen and that they are still engaged.
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