Congressional Record, Senate, November 17, 2021, Page S8321
Summary
A page of the Congressional Record, Senate, dated November 17, 2021, at page S8321. A Senator argues that inflation functions like an ultrapunitive tax on American families, says the inflation spike was predicted when he warned colleagues that a spending bill presented as COVID relief would cause it, and criticizes what he calls a socialist experiment. The page records a vote on which the yeas are 50 and the nays are 50, with the Vice President voting in the affirmative so that the motion is agreed to, and Mr. Schumer's motion on the National Defense Authorization Act for Fiscal Year 2022. It carries a cloture motion on the nomination of Brian Eddie Nelson, of California, Executive Calendar No. 463.
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“Congressional Record, Senate, November 17, 2021, Page S8321.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-11-17-crec-2021-11-17-pt1-pgs8321-2-c2a06e9a78/
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8321
logged last month were housing, trans- hard-working men and women of this (Whereupon, Mr. LUJÁN assumed the
portation, and food. These are not lux- country cannot afford to be guinea pigs Chair.)
uries, they are essentials, and they in a socialist experiment where Demo- The VICE PRESIDENT. On this vote,
take up a much bigger share of fami- crats try to inflate their way out of in- the yeas are 50, the nays are 50. The
lies’ budgets from the middle class on flation. Senate being evenly divided, the Vice
down. CLOTURE MOTION President votes in the affirmative.
The Democrats’ inflation is func- The PRESIDING OFFICER (Mr. The motion is agreed to.
tioning like an ultrapunitive tax on KELLY). Pursuant to rule XXII, the The PRESIDING OFFICER (Mr.
American families who can least afford Chair lays before the Senate the pend- LUJÁN). The majority leader.
it—exactly the opposite of a ‘‘high- ing cloture motion, which the clerk f
class problem.’’ will state.
It didn’t have to be this way. The in- LEGISLATIVE SESSION
The senior assistant legislative clerk
flation spike wasn’t just predictable; it read as follows: ---
was, in fact, predicted. This past CLOTURE MOTION
spring, I warned my Democratic col- NATIONAL DEFENSE AUTHORIZA-
We, the undersigned Senators, in accord- TION ACT FOR FISCAL YEAR
leagues right here on the floor that ance with the provisions of rule XXII of the
their unbelievably expensive and poor- 2022—MOTION TO PROCEED
Standing Rules of the Senate, do hereby
ly targeted spending bill that move to bring to a close debate on the nomi- Mr. SCHUMER. Mr. President, I ask
masqueraded as COVID relief would nation of Executive Calendar No. 463, Brian unanimous consent to resume legisla-
turn our strong economic recovery into Eddie Nelson, of California, to be Under Sec- tive session.
an inflationary mess. Many of my Re- retary for Terrorism and Financial Crimes. The PRESIDING OFFICER. Without
publican colleagues said the same Charles E. Schumer, Chris Van Hollen, objection, it is so ordered.
John Hickenlooper, Brian Schatz, Tina Mr. SCHUMER. I move to proceed to
thing. But Democrats didn’t have to Smith, Jeff Merkley, Tammy
take our word for it; even their own fa- Duckworth, Patrick J. Leahy, Chris-
Calendar No. 144, H.R. 4350, the Na-
vorite liberal economists, like Presi- topher A. Coons, Sheldon Whitehouse, tional Defense Authorization Act.
dent Clinton’s Treasury Secretary Ben Ray Luján, Christopher Murphy, The PRESIDING OFFICER. The
Larry Summers and President Obama’s Martin Heinrich, Robert P. Casey, Jr., clerk will report the bill by title.
CEA Chairman Jason Furman warned Michael F. Bennet, Ron Wyden, Raph- The bill clerk read as follows:
that liberal bill might supercharge in- ael Warnock. Motion to proceed to Calendar No. 144,
flation. The PRESIDING OFFICER. By unan- H.R. 4350, a bill to authorize appropriations
Now, our Democratic colleagues want imous consent, the mandatory quorum for fiscal year 2022 for military activities of
to ram through another, even bigger, call has been waived. the Department of Defense, for military con-
reckless taxing-and-spending spree The question is, Is it the sense of the struction, and for defense activities of the
Department of Energy, to prescribe military
that would make inflation even worse. Senate that debate on the nomination
personnel strengths for such fiscal year, and
Many of those same liberal economists of Brian Eddie Nelson, of California, to for other purposes.
support this new spending spree be- be Under Secretary for Terrorism and
cause of all the leftwing goodies that Financial Crimes, shall be brought to a Mr. SCHUMER. Mr. President, I sug-
are packed into it, but even they large- close? gest the absence of a quorum.
ly admit—these who support this new The yeas and nays are mandatory The PRESIDING OFFICER. The
leftwing proposal—even they admit the under the rule. clerk will call the roll.
package would make inflation even The clerk will call the roll. The legislative clerk proceeded to
worse next year. The senior assistant legislative clerk call the roll.
Steven Rattner, a senior economic called the roll. Mr. WICKER. Mr. President, I ask
adviser to President Obama, just wrote The yeas and nays resulted—yeas 50, unanimous consent that the order for
in the New York Times that ‘‘The nays 50, as follows: the quorum call be rescinded.
original sin’’—the original sin—‘‘was [Rollcall Vote No. 471 Ex.]
The PRESIDING OFFICER (Mr.
the $1.9 trillion American Rescue Plan. HICKENLOOPER). Without objection, it is
YEAS—50
. . . That has contributed materially to so ordered.
Baldwin Hickenlooper Reed
today’s inflation levels.’’ He goes on to Bennet Hirono Rosen INTERPOL
say that Democrats’ new taxing-and- Blumenthal Kaine Sanders Mr. WICKER. Mr. President, this
Booker Kelly Schatz Saturday, the International Criminal
spending spree ‘‘can be deemed ‘paid Brown King Schumer Police Organization, better known as
for’ only if one embraces budget gim- Cantwell Klobuchar Shaheen
micks, like assuming that some of the Cardin Leahy Sinema INTERPOL, will begin its annual Gen-
most important initiatives will be al- Carper Luján Smith eral Assembly in Istanbul.
Casey Manchin
lowed to expire in just a few years. The Coons Markey
Stabenow INTERPOL is a vital global law en-
Tester forcement network that helps police
result [is] a package that front-loads Cortez Masto Menendez
Van Hollen
spending while tax revenues only ar- Duckworth Merkley
Warner
from different countries cooperate with
Durbin Murphy each other to control crime. Unfortu-
rive over [the course] of a decade.’’ Mr. Feinstein Murray Warnock
Rattner cites an outside estimate that Gillibrand Ossoff Warren nately, it has also become a tool in the
‘‘the plan would likely add $800 billion Hassan Padilla Whitehouse hands of despots and crooks who seek
Heinrich Peters Wyden to punish dissidents and political oppo-
or more to the deficit over the next
five years, exacerbating inflationary NAYS—50 nents in an effort to turn other coun-
pressures.’’ Barrasso Graham Portman tries’ law enforcement against the rule
Now, the person I just quoted is a Blackburn Grassley Risch of law.
former top adviser to President Blunt Hagerty Romney Rooting out this sort of abuse should
Boozman Hawley Rounds
Obama—by definition a liberal Demo- Braun Hoeven
be the top priority going into the
Rubio
crat—explaining that the Democrats’ Burr Hyde-Smith Sasse
INTERPOL General Assembly. These
new proposal as currently constituted Capito Inhofe Scott (FL) abuses make a mockery of INTERPOL
Cassidy Johnson and are threatening its continued ex-
would make inflation worse—worse. He Collins Kennedy
Scott (SC)
says it is the Democrats’ proposal Shelby istence.
Cornyn Lankford
Sullivan
itself that needs to be built back bet- INTERPOL’s Constitution cites the
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Cotton Lee
Cramer Thune
ter. Lummis universal declaration of human rights
Crapo Marshall Tillis
President Biden and his party have Cruz McConnell Toomey as the basis for police cooperation. Im-
already brought needless pain on Daines Moran Tuberville portantly and significantly, Article 3 of
American families with their reckless Ernst Murkowski Wicker that declaration forbids INTERPOL
Fischer Paul Young
spending. Ramming through another from engaging in any ‘‘activities of a
multitrillion-dollar, partisan wish list (Whereupon, Mr. HICKENLOOPER political, military, religious or racial
would only compound the damage. The assumed the Chair.) character.’’
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S8322 CONGRESSIONAL RECORD — SENATE November 17, 2021
All 194 member nations have com- advocate for the Magnitsky Act, is lina Senate. His voice will be missed.
mitted to uphold Article 3 and the en- probably the most well-known example He has a record of accomplishment
tire INTERPOL Constitution. So it is of such abuse. Vladimir Putin has that is just, again, legendary.
troubling—as a matter of fact, it is issued no fewer than eight INTERPOL To his family and legions of friends,
even worse than troubling; it is egre- diffusions seeking to have Bill Browder we mourn Senator Leatherman’s loss,
gious—that INTERPOL chose to host extradited—none of which, thankfully, but you have a lot to be proud of. Now
this year’s General Assembly in Tur- have been obeyed. is the time to celebrate this great
key, a country that has become one of These abuses should not be allowed statesman’s life. Senator Leatherman
the worst abusers of INTERPOL’s Red to go on. INTERPOL needs protection was truly a statesman. He could work
Notice and Blue Notice systems. on behalf of countries that actually be- across the aisle. He knew how to get
Turkey has repeatedly weaponized lieve in human rights, that believe in things done. He used the power given
INTERPOL to persecute and arrest open dissent and the rule of law. Pro- to him by his constituents and his fel-
government critics on politically moti- viding that protection is why I have in- low colleagues in the South Carolina
vated charges. Journalist Can Dundar troduced the Transnational Repression Senate for the greater good. There is
is a prime example. Mr. Dundar is one Accountability and Prevention Act, or no better legacy or no better statement
of Turkey’s most prominent media per- TRAP Act. This is a bipartisan effort, about a politician than to say that he
sonalities and has received inter- with four Republican cosponsors and used his power for the greater good.
national awards for defending freedom four Democratic cosponsors. This bi- The statement will be forthcoming
of the press. partisan legislation would fortify U.S. from myself and Senator SCOTT.
In 2018, Turkey demanded that systems against INTERPOL abuse and To his family and friends, we stand
INTERPOL issue a Red Notice for Mr. would require that we use our influence with you. You will not go through this
Dundar’s arrest. What had he done? He to push forward due process and trans- journey alone.
To my many friends in South Caro-
simply criticized his government. He parency reforms at INTERPOL. Amer-
lina from the Pee Dee, you lost a great
had reported on the Turkish Govern- ican law enforcement should never be
champion, and I will do everything I
ment supplying arms to an Islamist doing the work of foreign crooks and
can to help fill that vacuum and void.
group in Syria. He was charged by a dictators. I yield the floor.
Turkish court with espionage and aid- I hope that I can count on my col- The PRESIDING OFFICER. The Sen-
ing a terrorist group—the group was leagues in this Chamber to support this ator from Maine.
never named—and sentenced to 271⁄2 much needed legislation, and I invite NATIONAL DEFENSE AUTHORIZATION ACT
years in prison in absentia. my colleagues to be added to the co- Mr. KING. Mr. President, I rise to
Thankfully, Germany has refused to sponsor list. discuss the National Defense Author-
extradite Mr. Dundar, but this is the The PRESIDING OFFICER. The Sen-
ization Act for Fiscal Year 2022.
sort of thing we see from this year’s ator from South Carolina. I want to make two basic points at
host of the conference. REMEMBERING HUGH K. LEATHERMAN, SR.
the beginning and then discuss some of
In June of this year, Turkish media Mr. GRAHAM. Mr. President, later the specifics of the bill.
reported that INTERPOL had rejected this afternoon, I will be introducing The first is the word ‘‘deterrence.’’
nearly 800 Red Notices sent by the with Senator SCOTT—my colleague The cornerstone of our defense policy
Turkish Government. from South Carolina, TIM SCOTT—a is deterrence. The best battle is the one
A Swedish human rights group re- statement for the record honoring the that doesn’t occur. The best war is the
ported that in 2016, after the failed life of Senator Hugh K. Leatherman, one that doesn’t occur. And there are
coup in Turkey, the Turkish Govern- Sr. those who will say that this bill au-
ment filed tens of thousands of We just lost one of the most distin- thorizes a very large amount of expend-
INTERPOL notifications targeting per- guished members of the State Senate itures. I can assure you that war would
sons who were merely critics and polit- in the history of South Carolina. Sen- dwarf the expenditures in this bill.
ical opponents of the government. ator Leatherman was a 40-year member And deterrence is the whole idea of
Some of these people were stranded in of the South Carolina State Senate. He having a force that would convince any
international airports, detained and was the finance chairman, and his lead- potential adversary that attacking the
handed over to Turkey, where they ership is legendary. With his help and United States is a losing proposition,
ended up in prison. assistance, the Port of Charleston is on that it would cost them more than
There are also alarming signs that track to become one of the premier they would ever gain.
Turkey is trying to leverage this year’s ports on the east coast. He was indis- That has been our strategy for many
General Assembly to further its own pensable in recruiting Boeing, Honda, years. It is our strategy going forward,
authoritarian goals. This past June, and Volvo to South Carolina. and I will talk about it in some specific
Turkish Deputy Foreign Minister He was a dear friend of both myself terms with regard to this bill. But it is
Yavuz Selim Kiran openly asserted and Senator SCOTT. I have never known important to understand that that’s
that the General Assembly in Istanbul a more effective voice for South Caro- why we are doing this defense bill, is to
‘‘will be an important opportunity . . . lina. He loved the Pee Dee, the Flor- provide and strengthen and ensure that
[to] explain in detail . . . our rightful ence area he represented, but when it this country has the forces and the
position regarding our fight against came to helping South Carolina, Sen- weapons that are necessary to deter
terrorist organizations and our re- ator Leatherman was always there. any potential adversary.
jected Red Notices.’’ You could count on him to lead from The second concept that, generally, I
Translation: Turkey plans to use this the front. Trying to solve problems was want to discuss is consensus. When I go
high-level event to mislead and lie to his life’s work rather than creating home to Maine, people are amazed that
the international community. They problems. we do anything together, because all
will no doubt try to explain why Presi- I want to let the people of South they see on the TV news and read in
dent Erdogan should be able to hunt— Carolina know we have lost a giant. the newspapers is about conflict—bick-
hunt—down his critics in foreign coun- There will be a big vacuum, and all of ering, arguing, differing. Why can’t
tries, using foreign law enforcement us in our State are going to have to up they get anything done? What they
through INTERPOL. This will be a our game to replace the vacuum cre- don’t know is that we do get a great
travesty—one that indeed threatens ated by Senator Leatherman. deal done, and a lot of it is by unani-
the legitimacy and future viability of His legacy is just extraordinary. He
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mous consent, by consensus.
INTERPOL. touched so many lives. He led the ef- This bill is a good example. This is
Of course, Turkey is not the only of- fort to put $300 million up front to the 61st year that the National Defense
fender we could talk about. Russia, deepen the Port of Charleston at a crit- Authorization Act has come to Con-
China, and Venezuela have routinely ical time. I could go on and on and on gress, and we hope it is going to pass
misused INTERPOL to oppress their about how he helped every corner of this year. For the past 60 years, every
critics. The case of Bill Browder, a the State, from the mountains to the single year, we have passed a National
fierce critic of the Putin regime and sea. He was a giant of the South Caro- Defense Authorization.
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8323
And we usually—well, not usually, if this bill doesn’t pass, it won’t hap- ture is going to be based upon newer
not almost always—we always pass pen. So that is one of the immediate and newer and newer technologies. So
them on a bipartisan basis. This bill reasons that we need to pass this bill, research is an essential part of building
came out of the committee 25 to 1. to provide a pay raise to our military the strength of this country.
That is pretty close to unanimous. And personnel. I worked for the last 2 years on some-
we always get substantial support in They will also receive 12 weeks of pa- thing called the National Cyberspace
our committee, the Armed Services rental leave for birth, adoption, and Solarium Commission. Our job was to
Committee, but also on the floor of the foster care placement of a child. come together to form and rec-
United States Senate. One of the provisions that I am inter- ommend—recommend—a national
Why? ested in is that there is substantial strategy in cyberspace to defend this
Because the Members of this body, support in this bill for our naval infra- country, which we did in March of 2020.
just as the people across this country, structure. It authorizes funding, for ex- A number of the recommendations of
are committed to those who serve in ample, to Arleigh Burke-class destroy- our commission were enacted last year,
uniform, and they are committed to ers, which Bath Iron Works in the either in the National Defense Author-
the idea of peace and the idea of deter- State of Maine will be able to compete ization Act or in other areas of legisla-
ring adversaries and avoiding conflict for, and this, in furtherance, supports tion that we passed. And, this year,
and war. our Navy’s ability to deter adversaries there are some really crucial ones in
They all think that all we do is around the world. this year’s National Defense Authoriza-
argue, and this bill is proof that that is It is no secret that the Pacific is an tion Act—crucial provisions to defend
not the case. important area of potential conflict. this country in cyberspace.
When I first got here, my first two And the Pacific is an ocean and it re- The next 9/11 will be cyber, and if we
chairs of the Armed Services Com- quires ships in order to project power, are not ready for it after all the warn-
mittee were Carl Levin and John and those ships are built here in Amer- ings that we have had, shame on us.
McCain, Senators who represented, in ica. And this bill demonstrates Con- Worse than shame on us; it will be de-
my mind, the best of the tradition of gress’ intent to support the Navy, to structive of this country. And that is
this Senate. They argued fiercely in support shipbuilding, and to support why I am so proud that there are provi-
favor of their positions, worked hard to the industrial base. sions in this bill that will help us to re-
resolve conflict within the committee, One of the things the bill does is pro- spond, that will help us to understand
and were absolutely committed to the vide for a new—what they call a what is going on, will help the private
values of the United States of America. multiyear contract, where the Navy sector and the Federal Government to
Despite all the partisan differences commits to buying more than one ship work together to meet and defeat this
that exist in the country, this bill is an at a time, which gives them a better 21st century challenge.
example that we are still united when price per ship. That is good for the tax- In many ways, cyber is a new manner
it comes to the defense of the United payers and also gives some assurance of conflict. We have to reimagine con-
States. to the industrial base that the jobs will flict. Traditionally, we think of con-
It comes on the heels of Monday’s be there and the work will be there in flict and war as Army versus Army and
signing of the historic bipartisan infra- order to maintain the support. Navy versus Navy, Air Force and Coast
structure bill. I think it is interesting We often forget that the companies Guard, and now the Space Force.
that the bill has in its name—it has a But cyber is all about the private
that do these—produce these amazing
name, I am not even sure what it is, sector. Eighty-five percent of the tar-
products cannot be turned off and on
but everyone refers to it as the ‘‘bipar- get in cyberspace is in the private sec-
like a switch. I have visited shipyards.
tor, and they are not going to have
tisan infrastructure bill’’ because it I visited in Norfolk; I visited in Maine,
their own army. So that is where there
was supported by bipartisan majorities Portsmouth, and at Bath Iron Works
has to be a new relationship of trust
in both Houses. And in this bill, we are many times. And these are amazingly
and confidence between the private
coming together to do something simi- complicated pieces of machinery. I be-
sector and the public sector in order to
lar, to support our country and, par- lieve that the destroyers built at Bath
successfully defend this country in
ticularly, to support those who put Iron Works are quite possibly the most cyberspace. And, indeed, there is a pro-
their lives on the line to defend this complex product built in America. vision, hopefully, that will enter this
country. And the people who build them have
bill through the manager’s package
And I want to stop there for just a to know that they are going to have a
that will deal exactly with that sub-
second. We all go through life getting job a year from now and 2 years from
ject.
various jobs, signing up for jobs, apply- now. We can’t go herky-jerky from one This bill also secures the future of
ing, and then you sign a form and you year to the next. Once you lose a weld- the nuclear triad. Strategic forces, oth-
join the company. There are very few er who goes somewhere else, it is hard erwise known as nuclear weapons, are
jobs in our society when you sign on to get them back. hard to talk about. They are hard to
the dotted line, you are literally put- So the maintenance of the industrial think about because they are so hor-
ting your life on the line. Members of base, whether it is in shipbuilding, air- rendous.
the military and first responders are craft, humvees, whatever the vehicles But to go back to the beginning of
the only people I can think of that do are, whatever the platforms are that my remarks, the issue here is deter-
that. It is something we need to remind support our military, it has to be done rence, and we have had a deterrent
ourselves. In addition to all the other on a consistent and predictable basis so strategy virtually since 1945, and it has
responsibilities that you are taking on that those factories, large and small— worked. Thank God there has not been
when you join the military, you are lit- and, by the way, there are thousands of a use of nuclear weapons since 1945.
erally signing to commit your life, if small businesses that support these Why?
necessary, in defense of this country. larger industries. They have to know Because of the strategy that every
I believe this bill is essential to pro- that there is some future, and that is adversary knows that they will pay an
tecting our servicemembers, the indus- why things like a multiyear procure- awful price, if they attack us, using nu-
trial base which serves the defense of ment is very important. This industrial clear weapons.
our country, and, collectively, our na- base is not something that you can As chairman of the Subcommittee on
tional security. The Armed Services turn off and on. Strategic Forces, we have had hear-
Committee has produced a bill that There is a research provision in this
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ings, we have had discussions, we have
will make our Nation safer and strong- bill that is very important. University had readings on how do we successfully
er. of Maine is one of those universities modernize our nuclear triad—bombers,
For example, taking care of our serv- that provides vital research to the submarines, and missiles—in such a
icemembers: 2.7 percent pay raise for military, because we always have to be way as to ensure the vitality of the de-
military servicemembers and the De- thinking not about the last war or the terrent strategy.
partment of Defense civilian work- last conflict, but the future. And every- The problem is that all three of those
force. That pay raise is important, and body in this room knows that the fu- legs of the triad have basically been
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S8324 CONGRESSIONAL RECORD — SENATE November 17, 2021
unattended to for 30 or 40 or sometimes and quantum computing is as much a world and, as I say, who are putting
50 years. And as they degrade in capa- part of national security as bombers their lives on the line for this country.
bility, so also degrades the capability and submarines. We can come together, hopefully, in
of our deterrence. It also includes a provision about the next few days, in a bipartisan way,
If the adversaries look and say, competition in the Arctic, which is one to pass this bill, to pass the word, in
‘‘They are trying to fly 50-year-old air- of the areas of the world that is open- the words of President Kennedy, ‘‘to
planes, or they are trying to defend ing to competition and, potentially, to friend and foe alike,’’ that we will ac-
themselves with missiles that they are conflict. We don’t want that to happen. cept the burdens of leadership and that
unsure of whether they will work,’’ Finally, the bill reasserts the funda- we will meet our responsibility to John
then the adversary says, ‘‘Well, maybe mental congressional responsibility—I McCain, to Carl Levin, to all those who
we can get away with an attack.’’ almost said ‘‘prerogative,’’ but it is have come before us, and to the people
And therein lies a path to a horren- not. It is a responsibility of Congress of the United States of America.
dous nuclear conflict, which has to be to make the decision as to when this I yield the floor.
avoided. The best way to avoid it is to country is committed to war. The PRESIDING OFFICER (Ms.
be sure that our deterrence is credible. In recent years—well, a little his- ROSEN). The Senator from Missouri.
The only way to make it credible is to tory. The last time the Congress de- INFLATION
be sure that it is modernized. That is clared war was in 1942. We have had Mr. BLUNT. Madam President, one of
exactly what this bill contemplates. AUMFs, authorizations for use of mili- the most striking things, I think, we
Another provision of this bill that, I tary force. This bill will repeal two of are beginning to notice this year is
think, is critically important is a sub- the early AUMFs that have been used that the holidays are taking on a real-
stantial change in the military code of as a kind of blank check by the execu- ly different look than we have seen in
justice, with regard to sexual assault, tive to deploy troops and engage in a long time.
that puts in place an independent pros- conflict around the world. In 1991 and Actually, for about a generation now,
ecutor system to take the decisions 2002, there were AUMFs involving Iraq. we have seen more choices and, more
about moving forward on sexual as- If you go back to the debates of the often than not, declining prices, which
sault claims out of the chain of com- Constitutional Convention, I think it has made it possible for American fam-
mand and puts it in a special profes- was—I want to say—August 17, 1787, ilies to have things that, in the past,
sional prosecutor’s decision. when there was a debate about the war they had not thought were possible for
I think that is important not only for power, and there were those who said them to have.
the practical effect, but for the mes- the Executive has to have the power to The pandemic, of course, was a big
sage that it sends to soldiers and sail- declare war; Congress is too cum- obstacle a year ago, as people were
ors and airmen and guardsmen that we bersome; the Executive can only do forced to alter or cancel their plans for
are serious about this; that they can that. their families to get together. And I
feel comfortable reporting violations; There were others who said: Wait a think many of us were really looking
that they can come forward and that minute. We rebelled against the King forward to a more traditional holiday
there is no danger that the complaints of England because we didn’t like the season this year. Hopefully, that sea-
that they make will be swept under the King and the prince being able to uni- son still allows people to get together.
rug. laterally take us into war. But I think we are also beginning to
I think this is an important provision The compromise was to divide the re- see people think they are going to have
of this bill, and I want to commend my sponsibility. The President is the Com- to scale back their celebrations or be
friend Senator GILLIBRAND, who has mander in Chief, but Congress has the prepared to pay a lot more for them;
spent as long as I can remember—as responsibility to declare war. This maybe just simply paying a lot more to
long as I have been on the committee, power has not been usurped by modern get there, to start with, as gasoline
which is 9 years, working on this issue, Presidents. It has been abandoned—it costs have gone up dramatically. I
and, in many ways, this is the culmina- has been given up—by modern Con- think we are about 46 percent higher in
tion of her work. gresses. This bill is a step away from our gas costs than we were a year ago.
Another provision of this bill that I what, I think, is a serious gap in our For a lot of families, that is a deciding
am particularly interested in is that adherence to the fundamental purpose item of whether you can actually get
we learn the lessons from 20 years in of the Constitution. to Grandma’s house or not.
Afghanistan. Senator DUCKWORTH has So there is plenty of good in this bill; This time, the change in plans isn’t
proposed the creation of an Afghan war there is plenty to celebrate. I am de- because of the virus; it is because of in-
commission, an independent commis- lighted to be able to support it. I have flation and supply side issues that,
sion, not made up of generals, not only just scratched the surface, but it frankly, the government has done a lot
made of people who were in Afghani- is a kind of truism that you will never to help cause.
stan, but of people who can take a be successful in a military context if Jason Furman, who was the Chair-
clear-eyed look at the successes and you are fighting the last war. You have man of President Obama’s Council of
mistakes concerning our engagement to think about conflict in the future. Economic Advisers, said recently: ‘‘The
in Afghanistan. I think this commis- In Maine, sometimes people say: We original sin was [the size of the] Amer-
sion is an important idea. I was de- have never done it that way before. ican Rescue Plan.’’
lighted to support Senator I am sure the Presiding Officer hears According to Jason Furman, he said:
DUCKWORTH’s proposal. that in Colorado, and you hear it all ‘‘It contributed to both higher output
Another provision that we hope will around the country: We have never [and] also higher prices.’’
be included within the National De- done it that way before. Now, what he was talking about was
fense Authorization Act this year is If that is our attitude, we are sunk. the American Rescue Plan. This was
the United States Innovation and Com- We have to think about what is coming the so-called COVID relief plan from
petition Act, which we have already at us, about what is in the future. March. It was a law that the Demo-
passed here in this body, but if we put Cyber will be part of any kind of con- crats passed entirely by themselves—
it in this bill, it will then go to the flict we may become engaged in, and I despite there being a lot of warnings
other body, and there will be consider- hope we never become engaged in a se- that the economy was already begin-
ation there. rious conflict. Again, that is the entire ning to recover—that put another $2
This is a critical piece of legislation purpose of this bill. It is to deter any trillion into the economy, including a
SSpencer on DSK126QN23PROD with SENATE
to enable competition with China. And potential adversary from thinking that lot of money that went to State gov-
make no mistake, we are in competi- they can successfully attack this coun- ernments that, clearly, didn’t need it
tion with China. So passing that bill as try. and local governments that, maybe,
part of the national defense bill, to me, This bill defends the interests of needed it a little more than the States
makes total sense because we are talk- America. It defends the interests of our did.
ing about national security, and being military and our wonderful military We had States that were having all-
competitive in areas like AI and chips people who are deployed around the time high revenues, and we had already
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8325
helped States in a number of different there of what you are trying to buy or how you wouldn’t see that as another
ways. Then, suddenly, we had to beat maybe no items of what you are trying thing that is going to really create
all of that by sending money to States to buy. There is just simply not a great risk. We have had every warning
and sending $2,000 to everybody, al- choice that you can make at the store sign we could possibly have.
most, and thought that wouldn’t have because the product you want to get is When Washington pays people not to
any impact. not there—and not just the brand-name work, it gets awfully difficult to fill all
I am not sure who we were trying to product, the product is not there in the open jobs. When Washington gives
save in this effort for relief. There was growing cases. people money that Washington has bor-
no reason to believe, in March, that the What are we going to see when the rowed or just simply kind of made up,
economy wasn’t headed on the way Christmas holiday—the holiday shop- that is awfully hard.
back. What we did in March with that ping season really begins right after The predictions that have been made
legislation was just pour more fire on Thanksgiving. Black Friday, or what- about what happens with excessive un-
an economy that was already about to ever other day you are going to do that employment payments, the predictions
roar back in a good way. shopping in, I think you are going to that have been made about money bor-
The warnings were right on the see—American families and American rowed and put into the economy that
money. In October, inflation rose 6.2 individuals are going to see lots of we don’t have, have actually turned
percent over the cost of a year ago. challenges. out to be right on target.
That is the highest increase in infla- Wait times for ocean freight—we So Republicans are warning again, if
tion in 30 years. have all seen those pictures now of the our colleagues on the other side con-
A lot of Americans alive today and, backup of ships waiting to get to the tinue to plan to move forward with an-
certainly, a lot of Americans who are port in every port in the country— other—however number you want to
in the workforce today don’t remember every port in the country. Wait times describe it. I think it is very fair, if all
the inflation of the seventies and the are about 45 percent longer than it was of these programs are extended, to de-
early eighties that made it just hard last year at this time. scribe it as $4 to $5 trillion. It is fair to
for families to keep up; that made it Shipping rates from China are around describe it as $2 trillion, if actually you
hard for families to buy a house; that 400 percent, four times higher than start these programs that people will
made it hard for families to pay the they were a year ago. Things that cost like having government take this new
basic bills. $2,000 a container now are much more responsibility and then think they can
I hope that we are not going to get a likely to cost something like $12, $15, actually stop after 1 year or 2 years or
strong reminder of that, but it cer- or even $20,000, just for the container— 3 years.
tainly looks like we are. moving the container from where it is Nobody believes that, and frankly I
The prices for many of the things filled up to where it gets off the boat at don’t know anybody on the other side
that will be on the Thanksgiving table one of our ports. who thinks that is the plan. They un-
are going up. The New York Times, Traffic jams at the big ports are a derstand the plan is to have a $2 tril-
about 2 weeks ago, had a front-page ar- problem in every place. There is a lion pricetag and a $5 trillion ultimate
ticle that this would be the most ex- shortage of 80,000 truckdrivers to move payout for the things that that
pensive Thanksgiving ever. Then they things once they get unloaded. pricetag starts to pay for.
went through that list of things to talk We made it so appealing for some Nothing about being uncomfortably
about that. people to stay home from work that high—let’s talk about the pain that
The price of turkey, by the way, has they have, at this point, still decided you could have as you tighten your
gone down a little bit in the last few not to go back to work or decided to belts not just for the holidays but for
days. It was projected to be 20 percent retire early. They were getting that en- the foreseeable future.
higher. It is only 18 percent higher. So hanced unemployment check for a cou- Transportation, food, home heating
your principal protein on the Thanks- ple of years, decided that maybe that in the winter, it doesn’t get more basic
giving table will cost 20 percent more life in the truck, which is a hard life, than that. And if transportation costs
or 18 percent more than it did a year or that life on the dock, which is a go up, gasoline goes up 46 percent, food
ago. hard life, or that life at the grocery goes up 15 to 20 percent. Home heating
Other protein is even higher than store stocking shelves, which can be costs are projected, in many places, to
that. Potatoes are 17 percent higher challenging every single day, or any go up somewhere between 50 and 100
than they were a year ago. Green beans other job was just not a job that they percent. Even if you got a little bit of
are 39 percent higher than they were a were going to go back to. a raise at work, that raise is imme-
year ago. I mentioned President Obama’s eco- diately taken away by just the basic
I don’t know if we are beginning to nomic adviser earlier. Well, he said an- fundamental things you have to have.
see a pattern here or not, but there, other pretty revealing thing at the We need to work with our friends on
clearly, is one. same time when he talked about sup- the other side. We need our friends on
Butter is about 30 percent higher ply-side problems. He said, and this is the other side to see the warning signs
than it was a year ago. If your grand- his quote also: ‘‘It would be foolish to of what has happened with what we
mother’s recipe for stuffing—or, as my count on a return to normal within the have done, what has been done this
grandmother called it, dressing; we had next year.’’ Within the next year. year already, and exactly understand
turkey and dressing when I was grow- So things are not going to get better what will happen.
ing up—includes onions, onions are 50 if we don’t get back. They are likely to If we do more of the same, we are
percent higher than they were a year get worse. going to get more of the same, and
ago. Then he said inflation ‘‘is likely to more of what is happening right now is
So, between the labor shortages, the remain uncomfortably high.’’ not what people we work for need or
high costs of raw materials, and more Now, I am not going to talk about deserve. I hope we get serious about
expensive transportation, the food sup- what his personal economic cir- the things that our actions create.
ply chain is just about as messed up as cumstances may be, but if they are un- With that, I yield back.
the rest of the supply chain. comfortably high for him, they are The PRESIDING OFFICER. The Sen-
We don’t import nearly as much food painfully high for lots of families. ator from Tennessee.
as we may import other things, but So here we go again. By the way, not Mrs. BLACKBURN. Madam Presi-
that food supply chain isn’t working only was the $2 trillion bill done just dent, I appreciate my colleague from
SSpencer on DSK126QN23PROD with SENATE
for us either. by one party—not a single Republican Missouri and his remarks about how we
Now, shoppers are already beginning voted for it in March. Not only did that need the other side to work with us.
to see bare spaces on grocery store feed the flames of inflation, but now we And that is so very true because this
shelves. Places you were going 6 are right back talking about a bill that administration, the Biden administra-
months ago, when you had a choice or if every program was extended through tion, has refused to drag themselves
even 6 weeks ago when you had a the 10 years, it would be a $4 or $5 tril- away from the political posturing and
choice, suddenly there is one item lion bill. It is impossible to understand move toward actually governing and
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S8326 CONGRESSIONAL RECORD — SENATE November 17, 2021
addressing the problems that the add up to dollars, which adds up to ple want to go to the grocery store and
American people would like to see ad- hundreds of dollars, and it goes quick- find the food that they need. It is stun-
dressed. They have sent this economy ly—in a hurry. ning, the attitude of the left. It is stun-
into the gutter. I talked to someone last weekend. ning, the disregard that they have for
Now, think about it. Just a few years They were talking about how a man- average American families who are
ago, we had the best economy that we ageable trip to the grocery store now working hard every single day.
had had in decades. Unemployment for has the potential to just blow their Of course, people who are now strug-
women, for African Americans, for His- budget. They are somebody who likes gling to make ends meet could stay
panics hit an alltime low; wage growth to use cash, not credit cards. They put home. They could stay right at home
at an alltime high. Now the economy is it all in envelopes, and they plan out this holiday season. They could park
in the gutter. Our southern border is their expenditures. They are seeing the car, cook a small meal, and swal-
now in shambles. The hearing we had firsthand what this budget is doing to low their disappointment. But do you
yesterday with Secretary Mayorkas their monthly budget for their family. know who won’t be doing that this hol-
was so dissatisfying because he did not The sad thing is, this is all happening iday season? President Joe Biden. You
have facts and figures and answers, and just in time for Thanksgiving, just in won’t see him making sacrifices to sus-
we see a country that is incredibly di- time for the Christmas holidays. tain the narrative.
vided. But, you know, you don’t need to I have a feeling I won’t see many of
But at least the American people now take my word for it. My colleagues my Democratic colleagues passing on
know just how in denial the White don’t need to take my word for it. Let’s Thanksgiving dinner to show solidarity
House is about what is takes to be liv- look at the Bureau of Labor Statistics with families who couldn’t stretch
ing in the real world. Their constant to tell the story. This is a Federal bu- their paycheck far enough for that
attempts to downplay the mess they reau, and they keep this data. Their Thanksgiving turkey.
have made have had the opposite ef- data is telling quite an interesting I would hope that something here in
fect, and now everyone knows just how story. all of this data would remind you. The
out of touch they are with anyone who I have a poster here that actually Bureau of Labor Statistics—that is
regularly pulls in at the gas station to shows you the percentage increase you where I am getting the data. I am hop-
fill up their own car or darkens the are going to see. The Thanksgiving tur- ing it would remind my friends across
door of a grocery store to buy the gro- key will cost you 6.1 percent more this the aisle that this is not about proving
ceries that they need. year than last. If you want to get a a point. This is about the average
Yesterday, I came to the Senate floor ham, that is going to be an extra 12 American’s growing inability to put
and asked the question: What will it percent. If you are serving veggies with food on the table.
take for the Biden administration to the turkey and ham, that is an extra You may not have to worry about an
take the threat of Chinese aggression 8.2 percent. The price of a cup of coffee extra $30 or $40 on the grocery bill, but
seriously? for after dinner, that is up 5.7 percent. most Tennesseans do worry about that.
The evidence is staring them in the And the grand finale, the homemade And for some people spending more
face, and yet they refuse to acknowl- apple pie is up 5.1 percent. And I hope isn’t even an option.
edge that there is a danger; that China that you weren’t planning on driving It is time to adjust the priorities of
is our adversary. Certainly, the Presi- out of town for your Thanksgiving din- the Democrats. It is time for this ad-
dent’s phone call did not give us any ner because gas prices are up $1.23 a ministration to adjust their priorities.
comfort in knowing that he under- gallon since last October. Think about It is time for them to meet the people
stands they are an adversary. that, $1.23 a gallon—a gallon. where they are and not where they
And today, I have a similar question: Now, this is sticker shock every time think that the people should be forced
What will it take for the Biden admin- you pull into the gas pump. It is stick- to go by their socialist agenda.
istration to take the American people er shock every time you go to the gro- I would encourage my colleagues:
seriously when they repeatedly warn us cery store. And, as you can see what it Pay attention to what the people of
that the economy is in trouble? They was last year, you are seeing these this country are telling you. Govern
are living the warning signs every sin- stickers on gas pumps all across Ten- accordingly. People are depending on
gle day. nessee. it.
But try as they might to convince us Yes, the Biden administration, they I yield the floor.
otherwise, this administration’s talk- can say: I did that. I suggest the absence of a quorum.
ing points are all about happy talk, Decisions that the President has The PRESIDING OFFICER. The
better jobs numbers, and the pockets of made—stopping the Keystone Pipeline, clerk will call the roll.
growth. But this is not anything that moving us from being energy inde- The senior assistant legislative clerk
is representative of the economy at pendent and exporting oil to making us proceeded to call the roll.
large. dependent on OPEC, of all things, so Mr. BARRASSO. Madam President, I
Still, every policy that they proposed that we can drive our cars and heat our ask unanimous consent that the order
this year assumes that the costs of in- homes—it outrageous. for the quorum call be rescinded.
flation are a myth; that inflation is I would encourage President Biden The PRESIDING OFFICER. Without
concocted by Republicans; that it is and my Democratic colleagues to re- objection, it is so ordered.
there as a talking point to scare Amer- member that, when it comes to budgets NATIONAL DEFENSE AUTHORIZATION ACT
ican families. and families managing their way Mr. BARRASSO. Madam President, I
How completely out of touch can this through this inflation, they can’t have come to the floor today to talk about
administration be? They are proving it both ways. our Nation’s defense.
the point that they are elitists; that Back in January, they told congres- Last week, America marked Veterans
they live in a bubble. sional Republicans that their bipar- Day. I was in Wyoming and started
What they keep saying to people is: tisan bailout bill was the only thing Veterans Day the way I do every year,
Oh, you know, it is a dollar here. It is standing between the average Amer- which is in Douglas, WY, in Converse
a dollar there. It doesn’t really matter ican family and financial ruin. Now, County, at the American Legion.
that much. the very idea that pricing and spending We raised the flag at 7 a.m. We
But, of course, it does matter. power matters seems extremely un- kicked off a day of Veterans Day cere-
Anyone who has taken the time out popular with our friends on the left. monies all around Wyoming. Last
SSpencer on DSK126QN23PROD with SENATE
of their life to rear a family and any Suddenly, they expect the American week, I visited with veterans all
mother who gets up in the morning and people to put on a brave face, to treat around the State. I will share with you
she is trying to feed the kids and get shortages like a minimalist trend, and the things that I hear all across Wyo-
them to school and shuttle kids into to cut back where they can. ming.
the minivan and then she is off to work Do you know what, Madam Presi- What I continue to hear is that since
and then they are off to activities in dent? The American people don’t want Joe Biden took office, our Nation has
the afternoon, she knows that pennies to live in austerity; the American peo- become weaker—weaker—and the
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8327
world has become more dangerous and where he said it was ‘‘an extraordinary U.S. Army instead of Democrats who
our Nation is now less safe. success.’’ He may be the only one in have been talking about an army of cli-
In August, Joe Biden oversaw the America who believes that. Our en- mate activists and an army of IRS
tragic and failed withdrawal from Af- emies are getting stronger, and the agents.
ghanistan. Because of the President’s Democrats are asleep at the switch. We just honored veterans last Thurs-
weakness, incompetence, and mis- The Pentagon Press Secretary was day. We will give thanks again for all
management, the Taliban took over Af- asked last week which is a bigger of them next Thursday on Thanks-
ghanistan in just a matter of weeks. threat—which is a bigger threat— giving Day.
Just before the withdrawal, terrorists China or climate change? His response: It is time, today, for the United
killed 13 of our troops. It was the dead- ‘‘They are equally important.’’ This is States to do right and for the Senate to
liest day for our military in a decade. the Pentagon Press Secretary. This do right by all of them. I urge my col-
One of those fallen heroes was Rylee isn’t somebody at the EPA. This is leagues to focus on a bipartisan Na-
McCollum of Wyoming. All of Wyoming somebody responsible for the defense of tional Defense Authorization Act, the
felt the terrible loss of this 20-year-old this Nation. This is not just false; it is Defense bill, for the defense of our Na-
marine. He was a statewide high school absurd for this to be the policy of this tion. It is time we prove to the Nation
wrestling champ. administration. that we do support our troops and we
On August 30, the Biden administra- Defense Secretary Lloyd Austin is fo- do protect them against—and protect
tion left hundreds of Americans behind cused on fighting so-called dissident all of us against—rising threats and
enemy lines, in spite of the fact that ideologies in our military. The Chair- keep this great Nation safe.
the President said he wouldn’t leave man of the Joint Chiefs of Staff testi- I yield the floor.
anyone behind. The administration has fied in Congress that he supports serv- I suggest the absence of a quorum.
admitted to the Armed Services Com- icemembers studying critical race the- The PRESIDING OFFICER. The
mittee that more than 400 Americans ory. clerk will call the roll.
are still behind enemy lines. Our enemies are not following that The senior assistant legislative clerk
Joe Biden’s Afghanistan surrender proceeded to call the roll.
path. Oh, no, they are focused on win-
was a national disgrace. The con- Mr. SANDERS. Madam President, I
ning wars. The Biden administration
sequences are being felt all around the ask unanimous consent that the order
seems to be focused on liberal fan-
world. Our friends are furious. Our en- for the quorum call be rescinded.
tasies.
emies are emboldened. The PRESIDING OFFICER (Ms.
Well, I believe it is about to get a lot
Last month, we saw a hypersonic BALDWIN). Without objection, it is so
worse. That is because President
missile being tested. We see that an ordered.
emboldened Vladimir Putin now has Biden’s vaccine mandate will likely
stationed 100,000 troops near the border cause the discharge of thousands of NATIONAL DEFENSE AUTHORIZATION ACT
servicemembers. It is certainly a con- Mr. SANDERS. Madam President,
with Ukraine. Vladimir Putin con-
cern of mine with our National Guard day after day here on the floor of the
tinues to speak of Ukraine as if it is
in Wyoming, as it is with troops Senate and back in their States, many
part of Russia.
North Korea showed last month that around the country and around the of my colleagues talk to the American
they can launch ballistic missiles from world representing and defending our people about how deeply concerned
submarines. Nation. they are about the deficit and the na-
Iran will soon have much, much more Recruitment was difficult already. tional debt. They tell us that we just
cash than they did when President Our troops are feeling the pain of infla- don’t have enough money to expand
Biden took office. You say: How could tion cutting into their paychecks, and Medicare, to cover dental care for sen-
that be? Well, one reason for the influx now the President seems to be deter- iors, to cover hearing aids, to cover
of cash is the rising price of oil and a mined to decimate their ranks. eyeglasses. We just don’t have enough
weak enforcement of the sanctions I fully support vaccination. I am a money to do what every other major
that we have against Iran. It is easier doctor. I am vaccinated; so is my fam- country on Earth does, and that is
for them to sell and more profitable to ily. I am pro-vaccine. I am anti-man- guarantee paid family and medical
do so. The Biden administration is try- date. leave.
ing to negotiate with Iran from a posi- At a time when our enemies are get- At a time when hundreds of thou-
tion of weakness. ting stronger, we don’t need to drive sands of bright young people are unable
Yet the most alarming developments the men and women who defend our to afford a higher education and mil-
are the strides being made right now in Nation out of the military. lions are struggling with student debt,
China. Since Afghanistan fell, China Now, the Senate has still not passed my colleagues tell us that we just don’t
has aggressively flown dozens of mili- the National Defense Authorization have enough money to provide 2 years
tary planes over Taiwan’s air defense Act. The Senate went Independence of free tuition at community colleges.
zones. The Pentagon admitted recently Day, Memorial Day, and Veterans Day When we have over 500,000 Americans
that China now has the largest navy in with no action on the Defense bill. The sleeping out on the streets, including a
the world. China plans to build more majority leader now says the Senate few blocks away from the Nation’s Cap-
than 100 new ships over the next 8 will finally get around to it. Why did it itol, we just don’t have enough money
years. China is also building about 300 take so long? to build the low-income and affordable
missile silos and plans to have 1,000 nu- The Senate has been debating a reck- housing this country needs.
clear missiles in the next 8 years. less tax-and-spending blowout the At a time when the scientists are
China recently tested a hypersonic American people did not ask for, do not telling us that we face an existential
weapon capable of use around the want, cannot afford, as prices continue threat in terms of climate change, we
world. to grow and go up and up and up, when are told that we just don’t have enough
These are pressing challenges, chal- the cost of Thanksgiving dinner is money to transform our energy system
lenges like we haven’t seen since the going to be the most expensive in the away from fossil fuel and create a plan-
Cold War. This administration has been history of our Nation. et that will be healthy and habitable
caught flatfooted. And we are here in the Senate and for our kids and future generations.
At the White House, utter incom- the House. What are they doing? They Just don’t have enough money.
petence. At the Pentagon, complete are debating taxpayer dollars for ille- Yet, today, the U.S. Senate will
gal immigrants instead of taxpayer begin consideration of an annual de-
SSpencer on DSK126QN23PROD with SENATE
mismanagement. At the State Depart-
ment, global weakness. No one has dollars for American heroes. We have fense budget that costs $778 billion—
been fired. No one has been held ac- been debating taxpayer dollars for $778 billion for one year. That is $37 bil-
countable over the withdrawal from Af- what Democrats call tree equity. The lion more than President Trump’s last
ghanistan. No one has resigned. There New York Times even wrote about it defense budget and $25 billion more
has been no accountability. today. than what President Biden requested.
It is astonishing, but the President We ought to be debating national se- By the way, all of this money is
must still believe in his statement curity. We should be talking about the going to an Agency, the Department of
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S8328 CONGRESSIONAL RECORD — SENATE November 17, 2021
Defense, that continues to have mas- fundamentally review our national pri- In total, my guess is that five—one,
sive cost overruns year after year, orities, now is that moment. Whether two, three, four, five—major semicon-
wasting enormous amounts of money, it is transforming our energy system ductor companies will likely receive
and is the only major governmental away from fossil fuels; whether it is the lion’s share of this taxpayer hand-
Agency in the Federal Government not guaranteeing paid family and medical out. Those companies are Intel, Texas
to successfully complete an inde- leave; whether it is providing Instruments, Micron Technology, Ana-
pendent audit. healthcare to all of our people as a log Devices, and NVIDIA.
Now, isn’t it remarkable how, even as human right, as virtually every other I should also point out that these five
we end the longest war in our Nation’s major country does; whether it is tak- companies made nearly $35 billion in
history, the war in Afghanistan, con- ing on the greed of the pharmaceutical profits last year combined and spent
cerns about the deficit and the na- industry, which charges us by far the more than $18 billion buying back their
tional debt seem to melt away under highest prices in the world for prescrip- own stock.
the influence of the military-industrial tion drugs; whether it is addressing our I should also point out that these five
complex. People sleeping out on the crisis of affordable housing or pro- corporations combined paid their CEOs
street, people dying because they don’t viding childcare and pre-K to the little a combined $85 million in compensa-
have any healthcare, kids unable to get kids, now is the time to reassess our tion last year.
the early childhood education they priorities. Now is the time to fight for Further, it is important to point out
need—not a problem. Can’t afford to real change. that this is an industry that received
pay for those things, but somehow, But instead of addressing these major nearly $6 billion in government sub-
when it comes to the defense budget issues that impact the lives of working sidies and loans over the years, and it
and the needs of the military-indus- families all across this country and is an industry that has shut down over
trial complex, we just cannot give that the working class of this country 780 manufacturing plants in the United
them enough money. desperately wants, Congress comes to- States and eliminated 150,000 American
But that is not all, and I want the gether, Democrats and Republicans, jobs in the last 20 years—29 percent of
American people to know this, as I sus- with minimal debate, to support an ex- its workforce—while moving most of
pect many don’t. its production overseas. In other words,
ploding Pentagon budget, which is now
It is very likely that in the Defense over the years, in order to make more
higher than the next 13 nations com-
bill or attached to the Defense bill, money, they decided to outsource their
bined and represents more than half of
there will be a so-called competition operations and, in the process, throw
our discretionary spending.
bill, and this bill is a $250 billion bill After adjusting for inflation, we are American workers out on the street.
So let’s be clear what is happening
that includes $52 billion in straight now spending more on the military
here. In order to make more profits,
corporate welfare, with no strings at- than we did during the height of the
these companies took good government
tached, for a handful of extremely prof- Cold War or during the wars in Viet-
money and then offshored good Amer-
itable microchip companies. nam or Korea. And I would like to reit-
Now, is there a problem in that our ican jobs. Now, for that bad behavior,
erate, this is after the war in Afghani-
country is not producing the kinds of these same companies are being re-
stan has ended. That is why I have in-
microchips and the number of warded with some $53 billion in no-
troduced an amendment with Senator
microchips that we should? The answer strings corporate welfare to undo the
MARKEY to reduce the military budget
is yes. It is an issue we have to deal damage that they did.
by $25 billion, down to what President That may make sense to somebody;
with, but we can deal with it in a way Biden requested. not to me. That is why I have intro-
other than simply handing money to a Let’s be clear. This is not a radical duced Senate amendment No. 4722,
handful of enormously profitable cor- idea. It is the military spending pro- which would prevent microchip compa-
porations with no protection for the posed by the President of the United nies from receiving taxpayer assistance
taxpayers at all. States and the amount requested by unless they agree to issue warrants to
By the way, I should also mention the Department of Defense. I look for- the Federal Government. If private
that as part of the so-called competi- ward to support on that amendment, companies are going to benefit from
tion bill, there is also a $10 billion especially from the deficit hawks, who over $53 billion in taxpayer subsidies,
handout to Jeff Bezos, one of the I know are very, very concerned about the financial gains made by these com-
wealthiest people in our country, for the deficit. panies must be shared with the Amer-
space exploration. I should also point out that this ex- ican people, not just wealthy share-
Combining these two pieces of legis- traordinarily high level of military holders.
lation would push the pricetag of the spending comes at a time when the De- In other words, all this amendment
Defense bill to over $1 trillion for 1 partment of Defense is the only Agency says is that if these companies want
year. I want people to remember that of our Federal Government that has taxpayer assistance, we are not going
because when we talk about Build Back not been able to pass an independent to socialize all of the risks and pri-
Better, we are talking about a 10-year audit and when defense contractors are vatize all of the profits.
bill. This is 1 year. making enormous profits while paying Let me be very clear. This is not a
Meanwhile, while there is limited their CEOs exorbitant compensation radical idea. These exact conditions
discussion about the Defense bill or packages. were imposed on corporations that re-
corporate welfare in the competition Let’s not forget that in this so-called ceived taxpayer assistance in the bipar-
bill, Congress has spent month after competition bill, there will be a provi- tisan CARES Act, which passed the
month discussing the Build Back Bet- sion which provides $53 billion in emer- Senate 96 to nothing. In other words,
ter Act, which on an annual basis costs gency appropriations for the microchip every Member of the U.S. Senate has
far less than the Pentagon budget, and industry with no strings attached. already voted for the conditions that
discussing whether or not we can afford Let me repeat that. We are talking are in my amendment.
to protect the working families of our about more than $53 billion in Federal CARES was not the first time that
country whose needs have been ignored funds, and by the way, I suspect there Congress passed warrants and equity
decade after decade, who in many cases will be more taxpayer money coming stakes tied to government assistance.
are living paycheck to paycheck, can’t to these corporations from State and During the 2008 financial crisis, Con-
afford housing, can’t afford prescrip- local government with no strings at- gress required all companies taking
tion drugs, and can’t afford to send tached.
SSpencer on DSK126QN23PROD with SENATE
TARP funds to issue warrants and eq-
their kids to college. We can’t address Do we need to expand the microchip uity stakes to the Federal Govern-
their needs—no, no, no—because we are industry in this country so we can be- ment.
too busy worrying about throwing come less dependent on foreign coun- The bottom line is that taxpayers
money at the Pentagon and large, prof- tries? Yes. But we can accomplish that should not just be handing out money
itable corporations. goal without throwing money at these to large, profitable corporations and
If there was ever a moment in mod- companies with no protections for the well-paid CEOs. They deserve to ben-
ern American history when we need to taxpayers. efit as well.
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8329
In addition to making sure that com- secutive financial audit in a row. That for fraud or misconduct. Meanwhile,
panies allow for warrants and equity is why I have introduced an amend- the CEOs of these large defense compa-
stakes, this amendment would require ment with Senator GRASSLEY that nies enjoy incredibly large compensa-
that these companies cannot buy back would require the Pentagon to pass a tion packages—in fact, on average,
their own stock, nor outsource Amer- clean audit this year. If it fails to do over 100 times more than does the Sec-
ican jobs, nor repeal existing collective so, 1 percent of its budget would be re- retary of Defense.
bargaining agreements, and remain turned to the Treasury each year until I have also filed an amendment with
neutral in any union organizing efforts. it obtains a clean audit operation. I Senator MARKEY and Representative
Here is something else—I think peo- think 30 years is maybe just enough RO KHANNA, in the House, to finally
ple think that I am kidding here, but I time to make that demand. end all U.S. support for the Saudi war
am not; this is really true—here is I think that at this moment in Amer- effort in Yemen. This amendment sim-
something else that is in the so-called ican history, it is appropriate for the ply codifies the prohibition on support
competition bill that must be ad- American people and for my colleagues for the Saudi war, and it already
dressed. Unbelievably, this bill would here in the Senate to remember what passed both Houses of Congress, in 2019,
provide and authorize some $10 billion former Republican President Dwight D. in a bipartisan way. At that time and
in taxpayer money to Jeff Bezos, the Eisenhower said in 1953 when he was in 2019, various officials now in the
second wealthiest person in America, President. Biden-Harris administration signed a
for his space race with Elon Musk, the As we all recall, Dwight D. Eisen- letter supporting this measure. The
wealthiest person in America. This is hower was a four-star general, not a House has already passed this amend-
beyond laughable, and I will be intro- politician, who led the Allied Forces to ment for the third consecutive year. It
ducing an amendment to strike this victory in Europe during World War II. is long overdue for this provision to be
provision. Frankly, it is not accept- So this was no peacenik. This was a included in the final Defense policy bill
able. It is not an issue that we have man who saw more death and more that is sent to the President’s desk.
discussed terribly much, but it is not military battles than probably any In addition to Yemen, I have long-
acceptable that the two wealthiest peo- human being should have to. standing concerns about the situation
ple in this country, Mr. Musk and Mr. This is what Eisenhower said: in Gaza. That is why I have introduced
Bezos, take control of our space efforts Every gun that is made, every warship an amendment to request a series of re-
to return to the Moon and maybe even launched, every rocket [fired], signifies in ports on the humanitarian crisis in
the extraordinary accomplishment of the final sense a theft from those who hun- Gaza and on steps that the United
getting to Mars. This is not something ger and are not fed, those who are cold and States can take to ease that crisis and
for two billionaires to be directing; this are not clothed. This world in arms is not bring desperately needed humanitarian
is something for the American people spending money alone. It is spending the
and reconstruction aid to the Pales-
sweat of its laborers, the genius of its sci-
to be determining. entists, the hopes of its children. tinian people in Gaza.
Let me just say a few words about I would also point out that, when I
why there is so much waste and fraud That was Dwight D. Eisenhower, and
talk about healthcare, I talk about
and abuse in the military. Again, I al- that is what he said 68 years ago. It
dental care, and I think most
ways find it amazing how, when it was true then. It is even more true
healthcare experts understand that
comes to programs directed at ordinary now.
dental care is part of healthcare. In my
people, low-income people, all kinds of If the horrific coronavirus pandemic
home State of Vermont, veterans who
investigations and all kinds of lan- has taught us anything—a pandemic
are eligible for dental care at the VA
guage about how we have to protect which has cost us now almost 700,000
have no access to a VA dental facility.
the taxpayer from fraud, but when it lives—it is that national security
That is why I have introduced an
comes to the massive amount of money means more than just building bombs
amendment to the NDAA to require
that we put into the Pentagon, not a or missiles or jet fighters or tanks or
the Department of Veterans Affairs to
whole lot of attention paid to that. submarines or nuclear warheads and
maintain a dental clinic in every State
One of the reasons that we have so other weapons of mass destruction. Na-
of this country so that all veterans
many cost overruns and one of the rea- tional security also means doing every-
have access to the dental care that
sons that we have so much fraud and so thing that we can to protect the lives
they need.
much abuse is that the Pentagon has of ordinary Americans, many of whom
I believe in a strong military, but I
been unable to pass an independent have been abandoned by their govern-
do not believe that we can keep throw-
audit 30 years after Congress required ment for decades. These are people,
ing more money into the Pentagon
it to do so—30 years. right now, who are struggling to put
than it needs at a time when working
I think one of the points that need to food on the table, people who are now
families all across this country are
be remembered is that on September experiencing a lower life expectancy
struggling to put food on the table for
10, 2001, 1 day before the terrible attack than was the case in the past, and
their kids and when 140 million Ameri-
on our country, then-Secretary of De- these are people who, in many in-
cans can’t afford the basic necessities
fense Donald Rumsfeld said, talking stances, when they get sick, can’t even
of life without going into debt.
about the Pentagon: afford to go to a doctor.
In 1967, Dr. Martin Luther King, Jr.,
Our financial systems are decades old. Ac- When we analyze the Defense Depart-
warned us that ‘‘a nation that con-
cording to some estimates, we cannot track ment’s budget, it is important to note
tinues year after year to spend more
$2.3 trillion in transactions. We cannot share that Congress has appropriated so
money on military defense than on pro-
information from floor to floor in this build- much money to the Defense Depart-
ing—
grams of social uplift is approaching
ment that the Pentagon literally does
spiritual death.’’
The Pentagon— not know what to do with it. According
Dr. King was right. That was true in
because it’s stored on dozens of technological to the GAO, over the course of 11 years,
1967. It is true today.
systems that are inaccessible or incompat- the Pentagon returned an astonishing
ible.
Let me just conclude with another
$128 billion in excess funds back to the
quote from one of the great Republican
Yet, 20 years after that statement—a Treasury.
Presidents in American history, and he
rather profound statement by then- And, over the past two decades, while
is Dwight D. Eisenhower. This is what
Secretary of Defense Donald Rums- we have funneled out money to the de-
he said as he was leaving office back in
feld—the Pentagon has still not passed fense contractors, it is important to
SSpencer on DSK126QN23PROD with SENATE
1961.
a clean audit despite the fact that the note that virtually every major defense
He said:
Pentagon controls assets in excess of contractor in the United States has
In the councils of government, we must
$3.1 trillion or roughly 78 percent of been fined for misconduct and fraud,
guard against the acquisition of unwarranted
what the entire Federal Government all while making huge profits. Since influence, whether sought or unsought, by
owns. 1995, Boeing, Lockheed Martin, and the military industrial complex. The poten-
Just this week, the Pentagon an- United Technologies have paid over $3 tial for the disastrous rise of misplaced
nounced that it will fail its fourth con- billion in fines or related settlements power exists and will persist.
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S8330 CONGRESSIONAL RECORD — SENATE November 17, 2021
That was Dwight Eisenhower, and have seen them on TV dismiss the se- port congestion and supply chain
what he was talking about was the in- verity of the problem. I was surprised issues, but I disagree with his approach
credible power then of the military-in- to see that Secretary Buttigieg had here today.
dustrial complex—of the revolving time to attend a bill signing but still I have, personally, worked very hard
door, where people go from the mili- hasn’t been to California to get work- on increasing the amount of invest-
tary into defense companies. It was ing on the massive supply chain issues ment in port infrastructure that was in
true then; it is truer now; and that that are stranding dozens of ships off the bill—just signed by the President
truth is manifested in the fact that we the California coast. on Monday—that helps to increase port
have a bill which is now spending $25 Unlike the Biden administration, I capacity around the United States.
billion more than the President of the am not going to sit around and play TV Why? Because we have seen, even in a
United States requested. commentator. Families in Florida ex- pandemic, an increase in trade and port
I yield the floor. pect and deserve more than that. That activities. So, yes, we have to invest in
The PRESIDING OFFICER. The jun- is why I was proud to partner with my our infrastructure.
ior Senator from Florida. friend and colleague Congressman CAR- I take disagreement with my col-
UNANIMOUS CONSENT REQUEST—S. 3224 LOS GIMENEZ to introduce the Supply league’s characterization that the
Mr. SCOTT of Florida. Madam Presi- Chain Emergency Response Act to get President hasn’t done anything be-
dent, as empty shelves grow more and products flowing to American families cause the President has helped at L.A.-
more common, prices are surging high- and businesses again. Our legislation is Long Beach in reducing the congestion,
er, and small businesses can’t access simple and common sense. Congress and he has put in place a better COVID
the goods they need to serve their cus- passed the CARES Act to help our response process. My colleagues need
tomers. Joe Biden’s supply chain and economy survive the effects of COVID to understand that longshoremen died
inflation crises are devastating for so and the economic lockdowns. We know in the COVID pandemic while deliv-
many Americans, but it is our poorest that much of that money remains ering goods and products to us in the
families—those on low and fixed in- unspent and that it could be used for United States of America. They died.
comes, like mine growing up—who are far more important purposes. So getting a better response in vac-
hurt the most. We also know that there are dozens cination for people working on our
Just last week, we saw the new CPI of ships waiting to dock and be un- docks is incredibly important. So the
inflation data come out. Rates are the loaded at California ports right now. President has done something. He has
highest they have been in more than 30 Our bill would redirect $125 million of got a better COVID response; he has
years. Every month, when I see Biden’s unspent, unobligated CARES Act funds basically helped at reducing conges-
new inflation numbers come out—and to help pay for the costs of moving tion; and he has got a plan to invest in
they are always worse than the month cargo ships, which are waiting to dock our ports all over the United States of
before—I think about my mom. Grow- on the west coast, through the Panama America.
ing up, I watched my mom struggle Canal, so they can dock along the east I know my colleague wishes that it
every day just to put food on the table coast, including in States like Florida. would be so simple, but these shipping
and make ends meet for our family. I am going to be clear. This bill does companies are reporting more than $200
Now countless families across America nothing to mandate that ships be redi- billion in profit—$200 billion in profit
are dealing with that same struggle rected to the east coast. It simply pro- even during the pandemic. So they are
today all because of Joe Biden’s reck- vides an option and the funding to off- not lacking for money. And, if they
less, socialist policies, like his uncon- set some of the costs. The bill would wanted to go to those ports, they would
stitutional vaccine mandates. These also allow Governors to use their go to those ports. We heard from one of
policies are fueling inflation and the unspent and unobligated CARES Act the big shipping associations that
current supply chain crisis, but Biden funds to offset port fees and other re- going anywhere, just to say that you
and his administration do absolutely lated State-level expenses. It is the want to go there when there are
nothing to fix it. pretty simple idea of using the money logistical and cost reasons that don’t
Throughout my years in business and meant to help with the economic re- likely bear out, eventually, the cus-
8 years as the Governor of Florida, I covery to actually help with the eco- tomer really just wants to go where
learned that, when you are trying to nomic recovery. the customer wants to go.
solve a problem, the best place to start Just last week, at the Port of Palm That is why it is so important to in-
is by bringing people together. When Beach, I had a meeting with port and vest in our ports. That is why we led
hurricanes devastated Florida, and we business leaders who are seeing the the charge for a $2.25 billion invest-
had to deal with restoring power and delays and effects firsthand. Their ment. Why? Because 95 percent of con-
communication services and getting businesses are hurting and are left sumers live outside of the United
resources where they were needed waiting for weeks and months for the States. And if we want to be involved
most, we brought people together and resources they need to run their busi- in the trade economy, we should invest
got to work to solve problems, but you nesses and serve their customers. We in our infrastructure to get product to
don’t see any of that with this adminis- need a solution, and Florida’s ports are and from our citizens, to other citizens
tration. ready and able to help with this crisis, of the world, the 95 percent who live
Just look at inflation. I have been and with the holidays getting closer outside of the United States.
talking about inflation nonstop all and closer, we can’t waste any more So I don’t think giving shippers—who
year, and it is getting worse and worse time. are having a recordbreaking profit
and worse. Biden has totally ignored it. Madam President, I ask unanimous year—more money is going to make
His administration has attacked people consent that the Senate proceed to the them go to other ports. So I do hope
like Larry Summers and me. Larry immediate consideration of S. 3224, that we continue to look at ways to
Summers is a Clinton-Obama appointee which is at the desk. Further, I ask catch up from the fact that production
who warned early on that reckless unanimous consent that the bill be in many areas of our economy were off.
spending was going to fuel a massive considered read a third time and passed There is no bigger example than the 8-
inflation crisis. and that the motion to reconsider be percent reduction in oil from OPEC in
Now we are seeing the same thing considered made and laid upon the 2020.
with Biden’s supply chain crisis. I have table. Talk about something we need to ad-
called on Commerce Secretary dress, my colleagues and I sent a letter
SSpencer on DSK126QN23PROD with SENATE
The PRESIDING OFFICER. Is there
Raimondo and Transportation Sec- objection? to President Trump about high oil
retary Buttigieg to come before the The junior Senator from Washington. prices in 2018, and we recommended
Commerce Committee and testify Ms. CANTWELL. Madam President, these various things that the President
about what they are doing to resolve reserving the right to object, I know should do: leverage a relationship with
this problem. They haven’t shown up. my colleague—well, I assume my col- the Saudi Crown Prince to urge them
We haven’t had a single hearing on this league is sincere about his interest in to increase capacity in world oil sup-
crisis in the Commerce Committee. I doing something about our issues of plies, make sure the energy Secretary
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8331
is communicating that with Vienna don’t have good freight movement, you think we can wait any longer. Amer-
and OPEC nations, initiate world-trade are going to lose to some other coun- ican families can’t wait any longer.
disputes regarding countries’ anti-com- try. So we supported that. Biden’s supply chain crisis is hurting
petitive practices, work with our Euro- In fact, I see my colleague from American families everywhere right
pean allies and China and make sure Maryland here. The director for the now. The President’s failed policies and
that they are working on this issue. We Port of Baltimore came and became unconstitutional vaccine mandates are
just had a hearing this morning asking the director of the Port of Seattle. And stifling business growth, crippling our
the FTC, if they do see any kind of ma- I said: Do you think if we invest in supply chain, and fueling his—his—in-
nipulation or moving of supply, please freight, moving freight, somehow we flation crisis. Restoring our supply
investigate it; and, in this case, we might lose to the west coast and other chains is critical to getting the Amer-
said, Abandon the Trump administra- places? ican economy rolling again and some-
tion’s rollback of fuel economy stand- He said: The business is just going to thing President Biden doesn’t seem to
ards. continue to grow, and everybody will understand, but we need solutions.
Because guess what Americans want lose if we don’t increase more effi- I actually feel sorry that my Demo-
when there are high oil prices? They ciencies. cratic colleagues have to cover for the
want fuel-efficient cars. That is the objective: increase more President’s failures instead of actually
That also is what we just legislated, efficiencies at every port. helping the American people. Passing
and that is why we need to keep work- I know the Presiding Officer from the this bill today would have given us the
ing on this issue, because as long as we Great Lakes wants to do the same opportunity to provide some needed re-
are in a world oil market, and as long thing, increase the capacity and effi- lief in the supply chain and help lower
as we are under these pressures of ciency of the Great Lakes. Let’s get an costs for American families who are
OPEC, we are never going to win the icebreaker. Let’s invest in port infra- worried about whether they will be
day. The best way to win the day is to structure. We led the charge. Why? Be- able to afford Thanksgiving dinner and
get an economy that is less dependent cause I know that the Presiding Officer Hanukkah gifts and holiday gifts.
on those prices being impacted by today knows that the competitiveness We need solutions now, and today’s
OPEC. of your State in Wisconsin depends on inaction is a perfect example why the
Now, I may shock some people here manufacturers getting those products American people don’t trust Wash-
this afternoon, but I am for getting rid made and outside your State and on to ington to get anything done.
I yield the floor.
of the Trump 301 tariffs. These have a world market. The PRESIDING OFFICER. The Sen-
cost us enormously in the Pacific That is what is going to help us with
ator from Maryland.
Northwest—higher seafood costs, high- our economy and reducing price, is to
NOMINATION OF DILAWAR SYED
er equipment costs, higher cost on ag- get production up and to get product
Mr. CARDIN. Madam President, ear-
riculture products, higher costs on moving efficiently.
lier this afternoon, I convened a meet-
aerospace. So if my colleague—and I sincerely
ing of the Small Business and Entre-
So we have had the two dilemmas of offer this—wants to help me, because I
preneurship Committee as its chair-
a COVID pandemic taking a workforce guarantee you not everybody on my
man. We had noted an agenda to act on
out of production, literally. I don’t side is going to call for this, but I am
the nomination of Dilawar Syed to be
know if my colleague supported the aid definitely calling for a repeal of the 301
the Deputy Administrator of the Small
to the airline industry or not, but basi- Trump tariffs. I didn’t approve them
Business Administration.
cally COVID hit, it ended up costing when he did it the first time because This was not our first attempt, and I
over 15,000 jobs in the aerospace sector these kind of punitive tariffs just basi- am going to outline all the efforts that
in my State—gone, gone, gone. So not cally exacerbated the problem with re- we have made to get a vote on Mr.
here today. taliatory tariffs, and those retaliatory Syed. But to my disappointment, the
If you imagine, if that happened with tariffs are costing us right now. Democrats were there ready to vote on
the airline production—why? Because I know that Secretary Yellen is look- the nomination.
what airline was going to buy a new ing at this, I know that USTR is look- We also had two important pieces of
plane? It wasn’t going to happen. ing at this, and I would just encourage legislation that we were scheduled to
People are saying now they don’t the President to look at this. And I vote on, and every Republican refused
think it is going to happen until 2023 or would encourage the President to do to show up, denying us a quorum to be
2024, even though there are some an- everything he can to work with our na- able to conduct business.
nouncements happening now. In gen- tion countries to put pressure on Let me share with my colleagues the
eral, people don’t think that the airline OPEC, just as we did before, to try to state of play on this individual and on
sector is going to recover to where it address this issue on price. But let’s this nomination. President Biden nom-
was before for several years. work not on reducing the cost to ship- inated Dilawar Syed to be the Deputy
So just imagine if every other sector ping companies that don’t need any- Administrator of the Small Business
did the same thing, that reduced their thing because they have seen record Administration on March 3. He is a
workforce in response to COVID, and profits; let us instead invest in our well-qualified entrepreneur and a small
now we are seeing the impacts of that. ports and our ports economy. business advocate.
So what do we do? Let’s be smart So, Madam President, I object. After reviewing his paperwork and
about each of these cost areas and fig- The PRESIDING OFFICER. Objec- ethics agreement, the committee held
ure out what we can do to reduce those tion is heard. a hearing on Mr. Syed’s nomination on
costs. The Senator from Florida. April 21. Now, during that hearing,
Giving $125 million to basically the Mr. SCOTT of Florida. Madam Presi- Ranking Member PAUL raised serious
shipping companies of the world that dent, I appreciate my colleague, and I concerns about PPP and Economic In-
basically have made record profits— am proud to serve on the Senate Com- jury Disaster Loan—EIDL—received by
one company said that was the biggest mittee on Commerce, Science, and Lumiata, a tech company from which
profit last year that they have made in Transportation with her. Mr. Syed serves as the CEO. After
117 years. OK. So they don’t need more Just remember, what we are talking weeks of negotiations, I brokered a
money to just go from LA, Long Beach about here is a supply chain problem, compromise between Ranking Member
to Miami. and let’s not ignore a very important PAUL and the SBA that provided access
But I want the Senator of Florida to fact. That committee has not held a
SSpencer on DSK126QN23PROD with SENATE
to the company’s loan applications.
know I actually believe in his port single hearing on this crisis. On June 8, I personally sat down with
economy. I don’t know what is going to I have been calling for Secretary Ranking Member PAUL and a rep-
happen to the port economies of the Buttigieg and Secretary Raimondo to resentative of the Small Business Ad-
world. I don’t know if we are going to testify in the Commerce Committee on ministration outside the Senate Cham-
switch dynamics. Biden’s supply chain crisis for weeks ber to review those documents and en-
We have supported freight invest- and haven’t seen one bit of action sure that the loans were properly at-
ment because freight can’t wait. If you taken to make that happen. I don’t tained, which they clearly were. The
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S8332 CONGRESSIONAL RECORD — SENATE November 17, 2021
following day, the documents were And AJC went even further and about. We negotiated back and forth in
made available to all of the committee called the Republican accusations good faith on the provisions of this bill.
members on the Small Business Com- against Mr. Syed ‘‘un-American.’’ It was truly a bipartisan effort.
mittee. On Thursday, July 15, the committee Republicans controlled the Senate.
Now, what that record showed is that again attempted to hold a business We worked with the Republicans, and
those loans were taken out in regular meeting to report out the nomination. we came up with a bipartisan bill to
order, that they were entitled to the We thought we had resolved all the help America’s small businesses. That
PPP loan and the EIDL. But it also issues. We resolved the issues con- legislation made 501(c)(3)s—non-
showed something that was quite re- cerning the loans. Everybody agreed profits—and veteran nonprofit organi-
markable. Mr. Syed returned the PPP they were proper. There was no con- zations with up to 500 employees eligi-
loan without forgiveness. He was enti- cern about Mr. Syed’s views in regards ble for the PPP loans. This was a mu-
tled to forgiveness, but, as he said, he to Israel. That had been resolved. tual decision. We knew it had some
was able to get access to additional So, Mr. President, I was puzzled that, controversy associated with it. There
capital and didn’t need the government on the July 15 meeting, all 10 Repub- are faith-based groups that people have
help and thought it was the right thing lican members boycotted the meeting some concern about getting govern-
to return the loan without forgiveness. and a reporting quorum was not ment support. There are different orga-
What exemplary action. achieved. We couldn’t take action. I nizations that people might have a con-
Satisfied that we had resolved the couldn’t understand why because we cern. But we felt that during this pan-
issue, Senator PAUL agreed to my re- had resolved the two issues—the first demic, it was important to preserve
quest that the committee schedule a issue, and then it changed to a second our small business entities, whether
vote to report out the nominee on June issue. they were for-profit or nonprofit, and
16. After achieving a quorum of Sen- But it was not until a week later that that was a bipartisan decision that was
ators, I moved to report the nomina- committee Republicans changed course made by Democrats and Republicans.
again and developed a new line of at- During the negotiations of March
tion by voice vote, as requested—a
tack, this time linking the nomination 2020, then-Chairman RUBIO added lan-
common practice in the Senate. A few
to PPP loans received by entities of guage to an early draft that would
Republican members asked to be re- have prohibited nonprofit entities that
corded as voting no, which is also a Planned Parenthood.
On July 22, all 10 committee Repub- receive Medicaid assistance from get-
common practice in the Senate. ting PPP loans. This was presumably
licans released the following state-
However, we were later informed by an effort to deny Planned Parenthood
ment:
the Senate Parliamentarian that the the opportunity to participate in the
The SBA has wrongfully approved nearly
nomination could not be reported to program. But because of the way it was
$100 million in taxpayer-funded Paycheck
the full Senate because a Republican Protection Program loans to Planned Par- drafted, it also affected a lot of non-
staff member raised an objection that enthood branches across the country. On profits. It affected programs such as
there had not been a rollcall vote in June 30th alone, SBA approved four PPP domestic abuse centers or homes for
our committee. loans to Planned Parenthood affiliates de- the disabled. It was soundly rejected in
A new objection was then raised spite a determination from the last Adminis- our group as not being a workable re-
based on Mr. Syed’s involvement in tration that these entities were ineligible for
striction, that we could not support
Emgage, a nonprofit organization that the program. We will not allow a vote on this
nominee until the SBA takes action to re- that type of prohibition.
supports the Muslim-American com- So we negotiated back and forth, and
cover the wrongfully acquired PPP funds by
munity. One Republican office even Planned Parenthood entities. we could not resolve the issue. Eventu-
circulated an email that focused on Mr. ally this issue, along with other issues
Mr. President, I am going to go
Syed’s Muslim religion and place of that we couldn’t resolve, was taken up
through in detail as to how these loans
birth. to the joint leadership of the Senate
were not improperly given and that the
Two weeks after the meeting, on Republicans and Democrats who were
ground rules we set up were followed
June 30, I received a letter from eight trying to resolve issues that we
by Planned Parenthood and other non-
Republican members suggesting that couldn’t resolve in our committee de-
profits of similar type of organization.
Mr. Syed’s involvement in Emgage was liberations. It was at that level that a
Where they came up with this line is
evidence of an Israel bias and support compromise was reached to add lan-
still somewhat of a puzzlement to me
for Boycott, Divestment, and Sanction guage that applied the SBA affiliation
since my Republican colleagues were
movement—the BDS movement. This rules to nonprofits—not the Medicaid
engaged with us in developing the PPP
is 2 weeks after we have already had language but the affiliate rules. We had
program and the eligibilities for the
our first committee vote. no objection to that. We felt that non-
PPP program.
Mr. Syed had a relationship with this profits should be subject to the same
Since that date, I have tried several
company, and this company had no restrictions as for-profit entities as far
times to hold business meetings to re-
record of this type of bias. Mr. Syed re- as whether they were truly inde-
port out the nomination, but Repub-
sponded to these concerns in a letter pendent or part of just a national
licans would not attend markups that I
that he stated he is ‘‘a proud first-gen- group, whether there was control on
attempted to hold on September 21, No-
eration Muslim-American but also pro- the affiliate. So we thought that made
vember 4, and again today. On Sep-
Israel.’’ sense.
tember 29, I attempted to discharge Mr. In April of 2020, the SBA, under the
He clearly stated that he does not Syed’s nomination from the committee
support the BDS movement and be- Trump administration, released guid-
by unanimous consent—that is after ance on applying the affiliation stand-
lieves ‘‘Israel to be a major partner in our voice vote that had already ap-
supporting the growth of America’s in- ards to nonprofits, which is where we
proved his nomination—but Ranking are getting to the determinations made
novative small businesses.’’ Member PAUL objected to my request
Several Jewish organizations have by Planned Parenthood.
on the Senate floor. The part of the affiliation that ap-
come to Mr. Syed’s defense. For exam- The Planned Parenthood issue pre- plies to nonprofits relates to common
ple, the American Jewish Committee dates the Syed nomination and even management. I am going to quote for
wrote: the Biden administration. It goes back the RECORD. I have the full statement
The unsupported accusation that somehow to March of 2020 when this committee here of what the affiliate rules were,
Jewish businesses are those with ties to took the lead—the Small Business
SSpencer on DSK126QN23PROD with SENATE
but let me just read into the RECORD
Israel may not fare as well under Mr. Syed’s Committee took the lead in drafting
leadership in the Small Business Adminis-
the relevant section that applies to the
the bipartisan CARES Act. controversies—I don’t think it is con-
tration . . . has no factual grounding. In-
I was proud to be part of a team that troversies—the Republican controversy
deed, he has specifically disavowed support
for the . . . (BDS) movement. . . . AJC re- includes Senator SHAHEEN, Senator on Planned Parenthood.
jects the charge that simply an affiliation RUBIO, and Senator COLLINS. We sat Affiliation arises where the CEO or Presi-
with Emgage would reflect negatively on an down and went line by line drafting the dent of the applicant concern (or other offi-
individual, organization, or agency. PPP legislation that we are talking cers, managing members, or partners who
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8333
control the management of the concern) also May 2020. As I said in the committee a little
controls the management of one or more Nine months later, under the Trump earlier today, it is important for the
other concerns. Affiliation also arises where administration, no additional action Small Business Committee to get back
a single individual, concern, or entity that that we are aware of was taken by the to its bipartisan tradition.
controls the Board of Directors or manage-
SBA to contest Planned Parenthood’s I hope that my Republican colleagues
ment of one concern also controls the Board
of Directors or management of one [or] more eligibility for the PPP money, so it will accept the information that we
other concerns. Affiliation also arises where was clear that the Trump administra- have made available, work with us, and
a single individual, concern or entity con- tion decided not to take action. let’s get Mr. Syed confirmed. Let’s get
trols the management of the applicant con- So where are we now? him confirmed because he is the right
cern through a management agreement. It is also important to note that PPP person for this position at this time.
Now, the question is, Does the na- loans were not used by Planned Parent- The SBA desperately needs a confirmed
tional group control the personnel and hood to provide any health services. We Deputy Administrator, with all the
board of the affiliate? That is how the are not talking about providing health work that we put on them, and all the
rules apply. services here. The law is very specific help. Our small business community
Planned Parenthood of America de- as to what the funds can be used for: needs to have an accountable, con-
termined its entities were eligible be- payroll costs, healthcare benefits for firmed Deputy Administrator so that
cause it does not exercise control over the employees, paid leave for the em- they have an accountable person who
its member organizations and does not ployees, allowance for dismissal or sep- can work with us to make sure our pro-
have a common management. Each aration, interest on mortgage expenses, grams are not only administered prop-
member organization is its own inde- rent and utilities, interest on debt erly but we get the information to
pendent, not-for-profit, tax-exempt or- prior to February 15, 2020. modify these programs to make them
ganization with its own independent I was somewhat puzzled by all of this, work moving forward. We are already
board of directors that is solely respon- but in an attempt to broker another in the process of considering additional
sible for the hiring and retention of its compromise, after dealing with wheth- legislation. It is so important to have a
CEO. Planned Parenthood of America er the PPP loans and the business enti- confirmed Deputy Administrator of Mr.
does not have the power to remove ty were proper, whether there was any Syed’s experience in order to help us
CEOs or directors from its individual semblance of concern about his atti- with that.
member organizations. tude in regards to Israel—having satis- I must tell you, Administrator
Now, Mr. President, this type of fed- fied that, I made another effort to try Guzman is doing a fantastic job. She is
erated structure is common in the non- to deal with Senator PAUL and the one person. She needs a Deputy. It is
profit world, and it is the reason why members of the committee to see what time that we get this person confirmed.
nonprofits such as the YMCA and Boys they wanted. There has not been an articulated rea-
& Girls Clubs also qualified and re- Mr. Syed had nothing to do with son why this person should not be con-
ceived PPP loans, forgivable loans. We these loans. Mr. Syed is fully qualified. firmed.
The SBA needs a Deputy Adminis- Mr. President, I know we have had
recognize that they have a large na-
trator confirmed to deal with all of the this debate on nominations that are
tional structure, but the individual en-
programs that we have passed in the here on the floor. We are wondering
tities are small entities and are inde-
last 2 years to help small businesses. why people vote against them. I can’t
pendently managed and controlled.
They need a confirmed manager to even get a vote in our committee on
In May of 2020, under the Trump ad-
work between us and our constituents this because the Republicans won’t
ministration, 38 Planned Parenthood
and make sure these programs are show up for a vote.
entities received correspondence from
working effectively. I think, in respect for the system, it
Associate Administrator Bill Manger So what else could I provide? Yester-
with a preliminary finding that the en- is important that the Small Business
day, I invited all of the Republican Committee have an opportunity to
tities may not be in compliance with members to come to my office—or
the affiliation rules. vote on Mr. Syed’s nomination, which I
come to the small business office and hope then would be on the floor
To my knowledge, Mr. Manger only we would make available all of the in-
sent letters to Planned Parenthood en- promptly for confirmation.
formation SBA has in regards to these I see that Senator LEE seems to be on
tities, not to any of the other similarly Planned Parenthood loans. They will the floor.
structured entities. Now, I say that be- make it available—all the loans that I yield the floor.
cause we now have learned that there were given out, when they were given The PRESIDING OFFICER (Mr.
was a list—a hold list of a much larger out, what was forgiven, what was not KAINE). The Senator from Utah.
number of entities that there was a forgiven, second-round PPP loans, all UNANIMOUS CONSENT REQUEST—S. 3225
concern as to whether they qualified of it. I don’t know what else we can do. Mr. LEE. Mr. President, yesterday, I
under the affiliation rules, but only Not one showed up to review the infor- came to the Senate floor and spoke on
Planned Parenthood received the May mation. President Biden’s vaccine mandate. I
2020 letter, not the other groups that I can appreciate the fact that this explained that I have now come to this
had a similar structure. issue may make Republicans who op- Chamber a total of 16 times and offered
The letter that was sent out is titled pose Planned Parenthood politically 12 different bills that would counter-
‘‘Notice of Investigation and Request uncomfortable. I can understand that. act, limit, or, in one way or another,
for Records.’’ This was sent out in May But Democrats also disagree with restrain the vaccine mandate. I also ex-
2020 to 38 Planned Parenthood entities. views of many organizations that re- plained that, unfortunately, each of
The Planned Parenthood entities re- ceived PPP loans. these bills has been rejected by Demo-
sponded to these letters. They con- Last December, the Washington Post crats in the Senate.
tested the finding. Every Planned Par- reported that 14 organizations des- I have spoken to Utahns and folks
enthood company that received cor- ignated as hate groups by the Southern from across country who have ex-
respondence in May of 2020 contested Poverty Law Center or the Anti-Defa- pressed to me their frustration at mov-
its findings. The letter is pretty de- mation League received PPP loans. ing goalposts and changing expecta-
tailed in what it spells out. It spells These are legal entities that qualified tions in the middle of the pandemic.
out all the reasons why they comply for the program because we can’t draft President Biden’s vaccine mandate,
with the affiliation rules, and it talks it based upon the mission of a par- which has been halted now by the U.S.
all about it, about all the different rea- ticular organization; we have to draft
SSpencer on DSK126QN23PROD with SENATE
Court of Appeals for the Fifth Circuit,
sons why they were qualified to receive it in a way that those that are legiti- happens to be among the latest at-
their funds. mate businesses and operations can tempts to force Americans to make
Mr. President, it ends with this line. qualify for the loans. And we did that. health decisions under the threat not
This is how Planned Parenthood re- We don’t judge who we are giving the just of unemployment but also under
sponded to the May 2020 letter: money to, whether we like what they the threat of becoming unemployable.
I trust that this response resolves the mat- are doing or not. That is not what this That is a taxing burden for anyone to
ter. is about. bear. Anyone who has kids at home or
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S8334 CONGRESSIONAL RECORD — SENATE November 17, 2021
if they don’t have kids at home, if they without regard to their own cir- nurses and technicians is only going to
are just supporting themselves, these cumstances, in some cases without re- further strain our system and place
days all Americans are helping some- gard to their own health, their own more Americans at risk of serious
one or something that they love, that sanity, putting their lives at risk at harm.
they care about, and they ought to times. They have gone to work caring So today I am offering my 13th bill in
have the opportunity do that. They for others, and they have saved lives in the effort to curb the vaccine man-
ought not have their ability to make a the process. They accepted the risk, dates. My Respecting Our Frontline
living threatened by virtue of a dis- and they were rightfully heralded as Workers Act would simply prohibit any
tinct religious belief or a particular heroes for doing that. They still are he- Federal Agency from requiring that
medical concern or a particular desire roes, and they still should be heralded staff and healthcare facilities be vac-
not to receive a particular treatment. as heroes. But many of these same cinated against COVID–19 as a condi-
I will reiterate here what I have said nurses caught COVID at work and have tion of that facility being able to par-
before. I have been vaccinated. My recovered. They are, in fact, heroes. ticipate in Medicare, Medicaid, and
family has been vaccinated. I believe But now the Biden administration is CHIP. But this bill would provide cer-
that the vaccines are helping countless giving them an extraordinary—and I tainty to our Nation’s healthcare he-
Americans be protected against the would add extraordinarily cruel—ulti- roes and honor the sacrifices that they
dangers of the COVID–19 virus. matum; one that I don’t think I have have made to help Americans in need
Just the same, there is a big dif- ever seen in government; one that I at a time when we were, as a country,
ference between believing the vaccine didn’t ever expect I would see in gov- facing great need. It will keep our
does good and receiving the vaccine, on ernment. Those very same doctors and healthcare system strong during what
the one hand, and, on the other hand, nurses and other healthcare workers— is still a really difficult time. This bill
saying that anyone who disagrees or the same people we appropriately de- is the reasonable, compassionate an-
who thinks that it is not right for scribed as heroes—can either get a swer to the current situation. I encour-
them, for one reason or another, ought medical procedure they don’t want or age my colleagues to support it.
to be fired from their job and rendered lose their current employment and any To that end, Mr. President, I ask
unemployable as a result. That is very, future realistic prospect of employ- unanimous consent that the Senate
very different. That is something that ment. proceed to the immediate consider-
very few Americans would agree is Let that sink in for a moment. What ation of S. 3225, which is at the desk; I
right. if this were you? What if this were your further ask that the bill be considered
In fact, according to a recent Axios spouse or your child, someone you read a third time and passed and that
poll, only 14 percent of Americans be- loved? What if this were your friend or the motion to reconsider be considered
lieve that someone who decides not to your neighbor? The truth is, these peo- made and laid upon the table.
get the vaccine should be fired as a re- ple fit into all those categories. They The PRESIDING OFFICER. Is there
sult of that decision. are not our enemies. They are our objection?
Now, in some lines of work, this sort friends, our neighbors, our family The Senator from Oregon.
of thing is already coming into play. members, our loved ones. At a min- Mr. WYDEN. Reserving the right to
For example, our military servicemem- imum, they are people who served val- object. Mr. President and colleagues,
bers and frontline workers who sac- iantly throughout a pandemic, and sadly, this is the third time I have had
rificed so much to care for and protect they should not be punished; they to come to the Senate floor to object to
the American people during the pan- should be thanked. Republican proposals dealing with far-
demic are already being forced out of These heroes will be thanked for fetched claims about vaccines.
work. I have heard from many mem- their service with a pink slip and a And today I am struck by one issue
bers of our Armed Services from Utah boot out the door as they become out- in particular because my background is
who are being discharged under less- casts in the very profession that they working with senior citizens. I was the
than-honorable conditions and under have selflessly chosen and the very pro- director of the Gray Panthers at home
conditions that are in no way, shape, or fession for which they have spent a lot for almost 7 years. I ran the legal aid
form appropriate in light of their of money and a lot of time receiving office for the elderly. I went into public
many, many years of faithful, honor- training and the very profession to service because of my passion for the
able service to this country. They are which they dedicated their lives. What cause of the elderly and trying to pro-
losing their jobs—and not just their a tragedy. What a needless, senseless tect their well-being and keeping them
jobs but also their benefits, their dig- tragedy. safe.
nity, their ability to serve further. You These are not abstract anecdotes. It is almost as if this unanimous con-
know, I have introduced and offered up This isn’t just hypotheticals, specula- sent request ignores the extraordinary
a bill that would help them, but Demo- tion. No, not at all. I have heard from human toll COVID–19 took on senior
crats objected to that. hundreds of Utahns who risk losing citizens in nursing homes across the
On November 4 of this year, a couple their employment if these vaccine country: nearly 200,000 dead in nursing
of weeks ago, the Centers for Medicare mandates take effect. They are every- homes and other long-term care facili-
and Medicaid Services—known as day Americans. They are good Ameri- ties since the beginning of the pan-
CMS—imposed a requirement that all cans. They are valiant Americans. Of- demic—mothers and fathers, grand-
healthcare workers at facilities par- tentimes, they are struggling to make mothers and grandfathers. That is
ticipating in Medicare and Medicaid be ends meet and to feed their families. roughly 1 in 10 residents in those nurs-
vaccinated by January 4. This require- They are our neighbors, our friends, ing facilities, according to an analysis
ment, if it takes effect, will affect mil- our caretakers, our heroes. They de- of State and Federal data by the
lions of Americans in tens of thousands serve the respect that is necessarily COVID tracking project.
of care centers across the Nation. And implicit in the ability to make deci- How many of those senior citizens
unlike the mandate imposed by OSHA, sions for themselves, including these died alone, without being able to spend
which has now mercifully been stayed, decisions for themselves. their final hours or days with their
at least for the pendency of the litiga- Additionally, as a practical matter, loved ones? How many others of those
tion pending in the U.S. Court of Ap- it is extremely foolish to be pushing fortunate enough to survive the pan-
peals for the Fifth Circuit, this man- healthcare professionals out of their demic were still separated from their
date—this particular mandate—gives jobs at the precise moment when our family members for months and
SSpencer on DSK126QN23PROD with SENATE
no option for testing if someone has re- healthcare system is under such in- months and months in 2020?
ligious, moral, or medical objections to credible strain. Hospitals are under- We also know that the risks to nurses
the vaccine. staffed as it is. I mean, a lot of places and doctor and EMTs were massive as
Now, let’s just think about this on an are understaffed. Hospitals are particu- well. One major investigation found
individual level. There are nurses in larly understaffed even without this that more than 3,600 healthcare work-
this country who worked faithfully and mandate. So requiring medical facili- ers died of COVID in the first year of
tirelessly throughout the pandemic, ties to fire perfectly good doctors and the pandemic—the worst pandemic in a
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8335
century that our country is still wres- as a result of Federal policy that re- their job for it. But it sure as heck
tling with as we speak. Nobody in this fuses to allow people to make decisions doesn’t mean that firing them because
Chamber should forget that just over on their own. they won’t get the vaccine and then op-
the last week, there have been more Insofar as my friend, the Senator posing the effort to force their firing
than 1,000 COVID deaths per day. from Oregon, describes the policy of would somehow amount to an act of
And in my view, it doesn’t do any firing people who refuse to get the vac- suppressing access to the vaccine.
good to unnecessarily suppress access cine as necessary to protect the elder- That is a logical syllogism that just
to highly effective vaccines while there ly, I would respectfully submit that doesn’t work. In no way, shape, or form
is a deadly virus circulating and mu- quite the opposite is true. We are actu- would we be suppressing access to the
tating around the country and around ally imperiling those who might need vaccine if we liberated the American
the world. medical treatment the most, including people from an overreaching executive
Seniors who live in nursing homes the sick and the elderly. who is insisting that people be fired if
and long-term care facilities are safer Insofar as we destabilize our they don’t agree with the President’s
when the people around them get vac- healthcare workforce—which, make no officially sanctioned view on vaccines.
cinated. And I just hope that our col- mistake, this maximum mandate does; My friend also noted that people are
leagues will recognize the importance it does that unquestionably—remember safer when they get vaccinated. I be-
of that basic proposition. When Ameri- that the CMS mandate that we are lieve this is generally true. I don’t
cans are vaccinated, they and the peo- talking about, unlike the OSHA man- think it is going to encourage more
ple around them, based overwhelm- date, doesn’t give any option to allow people to get vaccinated by telling
ingly on the factual evidence, are less for testing, for example, if someone has them that they are going to get fired if
likely to die of COVID–19. And every- a religious or a moral or a medical ob- they don’t.
body ought to be interested in stopping jection to the mandate. Particularly with the subject matter
this virus with these overwhelmingly So what this really is going to do is we are covering today, where we are
effective vaccines. It shouldn’t take a it is going to take a lot of people out of talking about the CMS end of the vac-
requirement to get healthcare workers the healthcare workforce and sideline cine, these are people who work in
to protect themselves and their pa- them. healthcare. These are people who are
tients. Yes, this is going to be devastating highly educated in it, who have profes-
As I close, I think—and, again, I am to those individuals. You are suddenly sional certifications, in many cases,
sad to have to come to the floor and taking away their means of providing graduate degrees in healthcare. They
get into this issue, but because of my for their needs and those of their fam- can make their own informed decision
background working with senior citi- ily. It would be absolutely devastating as to what to do. I tend to believe that
zens, I think it is bad for senior citi- to them, as I mentioned a minute ago. people are generally safer when they
zens, bad for the elderly to continue This is also a field in which they in- get vaccinated, but that doesn’t mean
these frightening remarks about vac- vested a lot of time and money—sweat, that firing them is the right thing to
cines and vaccine policies. They pro- blood, and tears—to getting the edu- do.
longed the pandemic. They led to more cation and professional certifications Look, finally, my friend from Or-
infections and deaths. necessary to work in a field that has a egon—and I don’t use that term loose-
With respect to the proposal that is lot of requirements attached to it, and ly. He and I talk regularly. He was in
before the Senate, I simply don’t be- with good reason. It is not good for my office earlier today, and we were
lieve Senators should oppose policies anyone, least of all the elderly, to de- talking about an upcoming game be-
that would keep America’s elderly citi- stabilize that same workforce. tween the University of Utah and Or-
zens safer after the pandemic has cost Insofar as we are going to talk about egon. When he refers to frightening re-
so many lives of America’s senior citi- what is better for the healthcare sys- marks regarding the vaccine, I am not
zens. Therefore, I object. tem, I just would respectfully reach the sure what he is referring to. I hope he
The PRESIDING OFFICER (Mr. exact opposite conclusion of that pro- is not referring to remarks debating
LUJÁN). Objection is heard. posed by my friend from Oregon. This the merits, or lack thereof, of vaccine
The Senator from Utah. isn’t going to make things better. It is mandates. Nothing about these re-
Mr. LEE. Mr. President, I appreciate going to make things worse. marks should strike anyone as fright-
the thoughtful remarks from my friend My friend from Oregon also described ening.
and colleague, the distinguished Sen- the approach that I am taking of pro- What I think would be frightening
ator from the State of Oregon. tecting the individual healthcare work- would be if tens, if not hundreds, of
The Senator from Oregon and I have er’s right to make an appropriate deci- millions of Americans are threatened
spent a lot of time working on a num- sion without government interference; with getting fired based on their re-
ber of issues together. He and I agree described that and, as I understood it, fusal to get the vaccine. I don’t think
on a number of issues and have worked my other efforts to try to curb the we will ever reach a point where there
together to ensure the privacy of the more egregious impacts of the vaccine are that many people who decide not to
American people and make sure that mandates imposed by the Biden admin- get vaccinated. It is certainly not
they are protected from an over- istration as somehow unnecessarily going to be hundreds of millions of peo-
reaching government, one that some- suppressing access to the vaccine. ple declining to be vaccinated.
times has intruded on them in viola- I want to make very clear that just is But whatever the number is, it still
tion of the spirit, if not also the letter, not accurate. I would state that as not doesn’t make it right for the President
of the Fourth Amendment. at all consistent with what I am doing. of the United States to just decide ar-
I remember when I first came to the Not a single one of my proposals would bitrarily that they either have to fol-
Senate, the Senator from Oregon took suppress access to the vaccine. low his medical advice and that of his
me to lunch and we had a good chat. He Each time I have come to the floor administration or get fired; to choose
introduced me to a lot of concepts in and talked about these things, I have between getting an undesired medical
the Senate and has always been a good made very clear that I have been vac- procedure, or, on the other hand, losing
friend to me. cinated. Every member of my family their opportunity to put bread on the
I feel the need to respond to some of has been vaccinated. I have encouraged table for their children.
these issues. Yes, I, too, like my friend everyone I know to get the vaccine. It is not constitutional. It is not
and colleague, the distinguished Sen- The vaccine, really, is a medical mir- within Congress’s power. Congress
SSpencer on DSK126QN23PROD with SENATE
ator from Oregon, wish that we didn’t acle of sorts, and it is one that is pro- hasn’t exercised that power. It cer-
have to come to the floor to discuss tecting a lot of people. tainly hasn’t given that power to the
these things. I wish that it weren’t nec- Not everyone agrees with me. But President of the United States.
essary because I wish that we weren’t the fact that they don’t agree with me, Regardless of all those statutory and
even talking about firing people, about the fact that they don’t agree with constitutional arguments, this is a fun-
people losing their jobs, becoming un- President Biden or anyone else in gov- damentally, morally flawed propo-
employed and possibly unemployable ernment doesn’t mean they should lose sition that says everyone has to get
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S8336 CONGRESSIONAL RECORD — SENATE November 17, 2021
this; and if you disagree, you will get ical Federal Agencies so they can then ating with a depleted diplomatic corps
fired; we will render you unemployed carry out their work as directed by jeopardizes our national security. It
and unemployable. This is wrong, and Congress. jeopardizes U.S. interests and the safe-
it is especially wrong to do to our Unfortunately, I would also note that ty of Americans at home and abroad.
healthcare workers. this partisan brinkmanship and ob- The political games that are being
Let’s not do this. I urge my friend struction doesn’t end with domestic played by a few Members of this body
and colleague from Oregon to recon- and economic matters. I want to point are risking very serious consequences.
sider. We can do better than that. The out, again, the dangerously slow con- I see my colleague from Ohio, who is
American people expect more. They de- firmation process of our State Depart- the cochair of the Ukrainian Caucus,
mand better, and we need to listen to ment nominees and ambassadors. has come in. Perhaps he would work
them. Again, we have a few Republican Mem- with me to try to get Julie Smith, our
The PRESIDING OFFICER. The Sen- bers of the Senate who are not just Ambassador to NATO, confirmed so
ator from New Hampshire. threatening our economic recovery and that we have somebody there who can
NOMINATIONS the health of our small businesses; help as we are looking at the crises
Mrs. SHAHEEN. Mr. President, I they are threatening our national secu- that are happening in Eastern Europe.
come to the floor today to discuss what rity by slowing the process to schedule I know we can work together in a ra-
are, sadly, the harmful impacts of on- nomination hearings for qualified tional, bipartisan way to address our
going partisan obstruction in the Sen- nominees and by placing holds on their country’s basic needs because we have
ate. confirmation because of their own per- just seen it. We saw it with the bipar-
Earlier today, at the Small Business sonal political issues. tisan infrastructure bill that was just
Committee, our colleague, Senator I appreciate that some of those issues signed this week. Confirming Presi-
CARDIN, who is chair of the Senate are very important. Nord Stream 2, I dential nominees is one of the most
Committee on Small Business and En- support, but holding these ambas- fundamental responsibilities of the
trepreneurship, held a business meet- sadors, holding these State Depart- Senate. It is the heart of article II in
ing—I think about the fifth one—to try ment officials is not going to change the Constitution.
to advance the nomination of Mr. what happens with Nord Stream 2. All What we have seen to date is no sub-
Dilawar Syed to be the Deputy Admin- it is going to do is make the United stantive objection to the nomination of
istrator of the Small Business Admin- States less effective and less secure in Dilawar Syed to be Deputy SBA Ad-
istration. the world. ministrator or to the nominations to
As we know, the Small Business Ad- Today, only 30 Ambassadors have fill numerous critical national security
ministration is a very important Agen- been confirmed by the Senate. This ad- and foreign policy positions. This is ob-
cy under the best of circumstances. It ministration had to wait over 200 struction for obstruction’s sake, and it
does great work, but during this pan- days—200 days—for its first Ambas- has very real consequences for our
demic, for the past year, it has become sador to be confirmed, compared to country, for our small businesses, and
absolutely indispensable as we tried to only 62 days for the previous adminis- for our national security and foreign
address the continuing economic im- tration. policy. I hope that we will be able to
pact of COVID on our small businesses. For the first 300 days of the previous work together on both sides of the aisle
In order for it to operate effectively, administration, 55 State Department to address those nominees, who must
in order for us to hold the Agency ac- nominees were confirmed by the Sen- be confirmed if we are to represent
countable for administering the small ate. In the first 300 days of Biden’s American interests at home and
business relief programs that Congress Presidency, the Senate has confirmed abroad.
has designed to pass, we have an obli- one-quarter of that number. Again, I want to thank Chairman
gation to ensure that the Small Busi- Actions speak louder than words. If CARDIN for his hard work as head of the
ness Administration has a fully func- our colleagues care about our national Small Business Committee and for the
tioning and Senate-confirmed leader- security, they would match deeds with work that he has done on the Foreign
ship team. words and swiftly confirm the 59 State Relations Committee as we have tried
Unfortunately, as Senator CARDIN Department nominees who are await- to address those people who need to be
and others witnessed just a few hours ing confirmation on the Senate floor. confirmed. Obviously, he has worked
ago, Republicans, again, on the Small Unfortunately, the holdup is not only very closely with Senator MENENDEZ,
Business Committee—all of the Repub- on the floor of the Senate but also in the chair of the Foreign Relations
licans on the Small Business Com- the Foreign Relations Committee. Committee. These are two committees
mittee—have orchestrated a complete Eleven nominees in committee are that I have the honor of serving on, and
blockade of Mr. Syed’s nomination, awaiting business meetings, and 21 they have historically operated on a
preventing it from even coming to the haven’t even been able to have a hear- very bipartisan, very collaborative
floor of the Senate for debate and con- ing to advocate for themselves and basis. That is why it is so disheart-
sideration. their qualifications. ening to see the breakdown that is oc-
And what is so confusing, Mr. Presi- What is worse from my perspective, curring.
dent, is that there doesn’t seem to be a the nominations that are being af- I hope that our colleagues will have a
reason to the Republicans’ objections fected by this obstruction are dis- change of heart, that we will be able to
to Mr. Syed. It keeps changing. No one proportionately women. In a Foreign move forward, and that we will be able
has raised any questions about Mr. Service where men still outnumber to work together. I look forward to
Syed’s competence or his experience or women and where we are trying to be- doing everything I can to make that
his suitability to serve as Deputy SBA come a more diverse State Depart- happen.
Administrator. ment, it is critical that we confirm I yield the floor.
In fact, several months ago, we tried these qualified women. The PRESIDING OFFICER. The Sen-
to advance the nominee in our first ef- Amid increased Russian aggression ator from Ohio.
fort in a business meeting by a voice toward our Ukrainian allies, it is par- TRIBUTE TO DR. KRISTINA M. JOHNSON
vote, and several Republican Members ticularly important that we confirm Mr. PORTMAN. Mr. President, I rise
of the Small Business Committee who without delay the nominee to be Am- today to pay tribute to Dr. Kristina M.
are now participating in this obstruc- bassador to NATO, Julie Smith. Johnson and celebrate her investiture
tion voted yes at that time, including How can we advocate for American as the 16th president of the Ohio State
SSpencer on DSK126QN23PROD with SENATE
the ranking member. interests abroad, how can we represent University.
Now it appears that this boycott is American citizens abroad, how can we Dr. Johnson brings more than 30
part of a pattern by just a handful of support our economic interests if we years of experience and leadership in
Members who simply want to stop any don’t have people in place who can do the academic, business, and public pol-
action that would allow the Biden ad- that? icy sectors to Ohio State, along with
ministration to have a full complement When we look at the increasing glob- some very ambitious goals she has for
of Senate-confirmed officials at crit- al threats to the United States, oper- the university.
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8337
Although the formal investiture was I think it is a bipartisan observation years ago. My God, Washington ought
postponed until this Friday, November that, unfortunately, Americans are to hide its head in a bag.
19, due to COVID, Dr. Johnson actually paying a lot more for just about every- The official general inflation rate is
assumed the presidency in August of thing. I asked my staff to put together 6.2 percent higher than it was last Oc-
last year, and her leadership has al- some inflation numbers, and they are tober, and that happens to be the larg-
ready helped the university community just breathtaking: gasoline, up 50 per- est increase in over 30 years. But we all
to come together during the past year cent; rental cars, up 42.9 percent; you know, and I can tell you, real people in
of the pandemic. Ohio State is in full need a used car or truck, they are up 26 the real world who go to the grocery
swing—classes, research, and other ac- percent; a turkey, 20.2 percent; bacon, store and the clothing store and pay
tivities. They have a darn good football 20.2 percent; beef, 20.1 percent; pork their insurance bill and go try to buy
team under her leadership as well—cur- chops, 15.9 percent; bedroom furniture, an automobile know that it is not 6.2
rently No. 4 in the country and on its 12 percent higher than last year; eggs, percent. It is a lot higher.
way up. Go, Bucks. up 11.6 percent; televisions, up 10 per- I need to ask a question, though. Are
The Ohio State University was found- cent; frozen fruits and vegetables, up you really surprised? Are you really
ed in 1870 as a land grant university— 71⁄2 percent; chicken, up 8.8 percent; surprised that prices are rising when
the first of its kind in Ohio. Over the shoes, up 8 percent; baby food, up 8 per- the Biden administration is printing
years, the university has grown into cent; children’s clothes, up 7.6 percent. money, when the Biden administration
one of the largest and best respected And I could keep going. Unbelievable. is exploding our debt, when the Biden
institutions in the country. Now, I believe in calling them like I administration is forfeiting America’s
Dr. Johnson actually has close fam- see them. I think most fairminded energy independence, when the Biden
ily ties to Ohio State. Family lore has Americans know that President Biden administration is paying people to
it that Dr. Johnson’s grandfather, who is responsible for this inflation. You watch Netflix instead of producing the
graduated from Ohio State in 1896, met goods we need, when the Biden admin-
don’t have to be Einstein’s cousin to
Dr. Johnson’s grandmother on the Co- istration is ignoring gridlock in our
figure that out. But put the politics
lumbus campus. We like to think those supply chain? The American people
aside. The shame of all this is that the
close ties to OSU and deep family roots aren’t surprised.
burden of these price increases is fall-
in Ohio have made her a Buckeye in For months—for months—the White
ing on the backs of the American peo-
spirit all along. House has turned gaslighting Ameri-
Dr. Johnson comes to the Ohio State ple, and while Washington is obsessed
with the politics of it, the American cans about the inflation crisis into an
University after a long career in aca-
people and the people in my State have art form. White House officials pretend
demic and business leadership. She pre-
to bear the cost. inflation—if you ask them—oh, it is
viously served as the chancellor of the
A lot of people, Mr. President, as you just temporary—a temporary problem.
State University of New York system
well know, just can’t afford to pay 50 Temporary, a rat’s rear end. It is actu-
and has founded and served as CEO of
percent more to fill up their gas tanks. ally a soul-crushing, job-killing tax on
several successful science and tech-
nology companies, served as the Under They can’t afford to have to stop and working Americans. That is what infla-
Secretary of Energy at the Department go arrange a bank loan to go to the gas tion is.
station or to the grocery store. Every time you go to the grocery
of Energy, and held academic leader-
Unfortunately, for Americans in my store, your taxes go up. And inflation
ship positions in institutions such as
State and your State and across the hits lower-income and middle-income
Johns Hopkins University, Duke Uni-
versity, and the University of Colorado country, here with winter coming on, families the hardest. And anyone who
at Boulder. Her breadth of experience the cost of heating homes is also going doesn’t believe that should ask Sec-
from academic leadership, business, up just in time for temperatures to retary Kerry whether fuel prices have
and public policy gives her the impor- fall. So the cost of heating is going up, grounded his private jet. Of course not.
tant tools to successfully lead the Ohio and the temperatures are going down. He is rich. He has got a private jet. He
State University. A lot of families are going to have to doesn’t feel it.
I have enjoyed getting to know Dr. shell out up to 30 percent more for nat- You know who feels it? The moms
Johnson over the past year and a half, ural gas than they did this past year. and dads in this country who get up
and I have been impressed with how Ask them if their income went up 30 every day, who go to work and obey the
the students have embraced her. It is a percent. law and pay their taxes and try to do
great student body. I have seen that As our days grow shorter, the eco- the right thing by their kids and try to
firsthand at Ohio State, having taught nomic landscape, unfortunately, is get- save a little money for retirement.
four courses at the Glenn School of ting darker. That is who pays this tax that the
Public Affairs—now the Glenn College Thanksgiving is just around the cor- economists call inflation.
of Public Affairs—before being elected ner. It is a cherished American holiday. This inflation didn’t just appear out
to the U.S. Senate, and I am proud to But even the holiday that Americans of nowhere. I mean, any economist
have been a member of the advisory observe in order to count our blessings with a pulse knows where this inflation
board of the exciting Glenn College for is coming with new hardships. Accord- came from. Inflation comes from too
the past 12 years. ing to the New York Times, Thanks- much money chasing too few goods.
I believe the students and the faculty giving 2021, and I quote, ‘‘could be the And when you have an administration,
and the alumni and the friends who most expensive meal in the history of as we do with the Biden administra-
make up the Ohio State University the holiday.’’ tion, that spends money like it was
community are very fortunate to have As I just mentioned a few seconds gully dirt, whose mantra is, ‘‘We can’t
Dr. Johnson at the helm during this ago, frozen turkey is going to set you possibly spend enough taxpayer money,
time. I wish her the very best as she back 20 percent more than it did last there is not enough hours in the day’’—
continues to guide Ohio State into the year. If you like gravy with your tur- of course, you don’t have inflation. Of
future while focusing on academic ex- key, get ready to pay 7 percent more course, you don’t have inflation.
cellence and building a strong and pas- for gravy. Maybe you don’t eat meat. Now, what is President Biden doing
sionate community of Buckeyes. I look Maybe you are a vegan. Unfortunately, tonight? Well, I have noticed that the
forward to continuing to work with Dr. frozen vegetables are also going to cost Biden administration, when it comes to
Johnson to ensure her success and the you 7 to 71⁄2 percent more, and the high economics and other areas as well,
prices only apply if you can find food in they never make the same mistake
SSpencer on DSK126QN23PROD with SENATE
success of the great institution, the
Ohio State University. the supermarkets. Some of these food twice. They make it five or six times,
I yield the floor. products, you can’t even find with just to be sure.
The PRESIDING OFFICER. The Sen- Google. There is no guarantee that the So how’s the Biden administration
ator from Louisiana. cranberry sauce and the sweet potatoes going to deal with this economic can-
INFLATION will be in stock come dinnertime. cer of inflation which is killing the
Mr. KENNEDY. Gosh, Mr. President, Now, this is America. This is 2021. American people? Their idea is: Let’s
I wish I didn’t have to give this talk. This isn’t the Soviet Union, 30, 40, 50 go pass a spending orgy bill—they call
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S8338 CONGRESSIONAL RECORD — SENATE November 17, 2021
it reconciliation—of epic, epic propor- The senior assistant legislative clerk crossed the Rio Grande River on a
tions, chockful of welfare blowouts proceeded to call the roll. smuggler’s raft said that she and her 1-
when we can’t afford the social pro- Mr. CORNYN. Madam President, I year-old son only came to the United
grams we have now. ask unanimous consent that the order States because of the Biden adminis-
Are you kidding me? for the quorum call be rescinded. tration. She said: ‘‘That gave us the
Are you kidding me? The PRESIDING OFFICER. Without opportunity to come.’’ The administra-
And one White House official claimed objection, it is so ordered. tion has signaled that it is not only OK
earlier this week that the President’s— BORDER SECURITY with the record levels of illegal immi-
he calls it a $1.75 trillion bill. It is Mr. CORNYN. Madam President, yes- gration but that it is actively encour-
going to end up, we all know, being a terday, the Secretary of Homeland Se- aging more people to make the trek.
lot more than that. He says it will ac- curity, Mr. Mayorkas, testified before Prior to the Biden administration’s
tually reduce inflation. Right—and the Senate Judiciary Committee. It is border crisis, there was a clear and sen-
those aren’t hogs in the hog lot. the first time he has been before the sible process for migrants who crossed
Just wait. The fact is, unless you Judiciary Committee for an oversight our border to claim asylum. That indi-
were in the quad playing Frisbee dur- hearing. Of course, our minds were all vidual would be processed by the Bor-
ing Econ 101, you know this is truth. on the crisis that is currently under- der Patrol and undergo a credible fear
The fact is that massive government way—and has been since the beginning assessment, which is the standard for
spending has kept workers on the side- of this year—at the border. claiming asylum, essentially deter-
lines and has fueled inflation. But the When our colleague Senator LINDSEY mining, at least as a preliminary mat-
only comfort the permanent Wash- GRAHAM asked him how he would rate ter, whether they would qualify for
ington types are sending to folks gath- his own performance so far, he gave a asylum. If so, that person would be
ered around a historically expensive bizarre answer. He said: ‘‘I [would] give issued a notice to appear at a future
Thanksgiving table is that more—not myself an A for effort.’’ Well, that is court hearing—a critical document
less—more of the same insane policies the type of rating you would give your- that tells asylum seekers when and
are coming down the pipeline through self if you offered to cook dinner and where to show up for their day in
what the President calls the Build completely bungled the recipe, or if court.
Back Better bill. And I think most you ordered a really thoughtful Christ- But under Secretary Mayorkas’s
Americans call it the Build Back mas gift for your spouse, but it didn’t leadership, that is not happening any-
Broker bill. arrive on time, you would give yourself more. I have heard from many folks in
Have you looked at the bill?
an A for effort. But when you are talk- Texas about the fact that huge num-
I looked at the House bill a bit. I
ing about the person who is responsible bers of migrants are now being released
started reading it. I am probably going
for some of our Nation’s most critical without a notice to appear. Thousands
to go broke just reading the thing.
Neosocialists love this bill. They love responsibilities for which there are of migrants have been released with
it like the devil loves sin, but the life-and-death consequences, an A for what is now called a notice to report—
American people aren’t going to love effort is hardly acceptable, and in this essentially, a document that says:
it. Louisianans are not going to love it. case, it is an overly generous assess- When you get where you are going,
Louisianans love their families, and ment. turn yourself in to your local Immigra-
they just want to provide for them, es- Over the last year, Customs and Bor- tion and Customs Enforcement office.
der Protection has encountered more Well, these migrants haven’t under-
pecially at Thanksgiving and at Christ-
than 1.7 million migrants along the gone a credible fear screening, so we
mas. And they can’t do it with infla-
southern border—the highest on have no way of knowing how many of
tion raging.
This Thanksgiving, what most Amer- record. In 1 month alone, more than them will likely, potentially, qualify
icans need the most is relief—not just 213,000 migrants crossed the border, in- for asylum. We do know, based on deci-
relief from inflation, but relief from cluding 19,000 unaccompanied children. sions from immigration courts, that
bad leadership. The Secretary may think he is worthy only about 10 percent of the people who
Now, I want my friends in the Biden of an A for effort, but the numbers cer- claim asylum actually qualify under
White House to know that I am genu- tainly do not reflect that. the prevailing legal standard.
inely interested in working with them The American people are clearly con- Because these migrants haven’t un-
to solve America’s inflation problem, cerned about the way things are going. dergone preliminary screening, we
but you are not going to do it by spend- A recent poll found that more than 80 have no information about the validity
ing more money. You are not going to percent of voters think illegal immi- of their asylum claims. And it is un-
do it by throwing gasoline on the fire. gration is a serious issue. Nearly two- clear whether the administration has
The first rule is to do no harm. Do no thirds believe that the President’s Ex- given any teeth at all to the warning
harm, and by that, I mean that my ecutive orders actually encourage more that the failure to contact the local
Democratic friends should stop trying illegal immigration, and, as a result, ICE office may result in your arrest. In
to ram this multitrillion dollar tax- only 35 percent of voters approve of the other words, there are no consequences
and-spend bill through Congress. And President’s handling of the border. for not showing up.
they should stop for two reasons: Leaders in the administration have The Department of Homeland Secu-
Americans don’t want it, and Ameri- tried to play the blame game, saying, rity is now telling us that they have
cans can’t afford it. well, they inherited policies from the stopped issuing notices to report, but
So this Thanksgiving, Madam Presi- previous administration that led to the the truth is, they have just changed
dent—and I hope you have a good one— crisis. That seems to be part of the the title. They are still paroling mi-
I hope my Democratic friends will give playbook—let’s blame Trump; let’s grants into the United States without
up on tying millstones around the neck blame the previous administration and issuing a notice to appear. When these
of the American economy. I hope they absolve ourselves of any responsi- migrants inevitably fail to turn them-
will give up fueling inflation with an- bility—but they have simply failed to selves in to the nearest ICE office—and
other extremist spending orgy bill. provide an explanation to why those ICE’s internal figures suggest the com-
And if they would do that, if they policies led to 460,000 fewer encounters pliance rate is unsurprisingly low—it
would just do that, Americans could sit in fiscal year 2020 but more than 1.7 isn’t clear that the Department of
down to eat next Thursday and give million in 2021. Homeland Security will do anything at
There is no question at all that this all to locate them and remove them
SSpencer on DSK126QN23PROD with SENATE
thanks that compassion and common
sense have finally prevailed in Wash- crisis is a direct result of the Biden ad- from the United States even though
ington, DC, where, frankly, on most ministration’s words and deeds. Back they haven’t complied with the process
issues, common sense is illegal. in February, just a few weeks after that they have been told they must
Madam President, I suggest the ab- President Biden took his oath of office, comply with. The Biden administration
sence of a quorum. migrants who were interviewed in their has made it even easier for migrants to
The PRESIDING OFFICER (Ms. trek from their homes across our bor- disappear into the great American
SMITH). The clerk will call the roll. der said as much. One woman who heartland.
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8339
Several weeks ago, Secretary The reality of the situation, however We have got a border czar who once
Mayorkas gave migrants another rea- inconvenient it may seem for our col- compared ICE to the Ku Klux Klan, and
son to believe that they could make it leagues on the other side of the aisle, is we have a DHS Secretary who gives
across our borders and be able to stay. that, by entering the United States il- himself an A even though more than 1.7
According to Secretary Mayorkas, ille- legally—by doing that—migrants have million migrants have crossed the bor-
gally entering our country is no longer broken the law, and there have to be der since he took office in February.
reason enough for ICE to begin removal consequences. The Secretary cannot, So, while Secretary Mayorkas thinks
proceedings. The Secretary’s guidance consistent with his oath of office, he is entitled to an A for effort, there
provided a few exemptions. In theory, refuse to enforce those laws in order to is no question that, on balance, the
illegal border crossers are a priority for appease his party’s political base. Biden administration has earned an F
enforcement but only if they are appre- In fact, by clearly outlining who will for its response to the border crisis.
hended in the United States after un- and who will not be able to remain in I yield the floor.
lawfully entering after November 1, the United States, notwithstanding I suggest the absence of a quorum.
2020. It is unclear what the magic is what the law says, the administration The PRESIDING OFFICER. The
with that date. In other words, ICE is actually encouraging even more mi- clerk will call the roll.
agents can’t touch them unless another grants to put themselves in harm’s way The senior assistant bill clerk pro-
law enforcement agency picks them up to come to the United States. This is ceeded to call the roll.
first. known as pull factors, which actually Mr. GRASSLEY. Madam President, I
It says individuals convicted of seri- encourage more illegal immigration. ask unanimous consent that the order
ous criminal conduct who pose a cur- Under this guidance, visa overstays for the quorum call be rescinded.
rent threat to public safety should be a aren’t a priority for enforcement at all. The PRESIDING OFFICER. Without
priority for removal, but it is unclear If somebody comes in on a visa but objection, it is so ordered.
what crimes meet those criteria. Is dis- overstays that visa, they are illegally INFLATION
tributing or receiving child pornog- present in the United States, but they Mr. GRASSLEY. Madam President,
raphy considered serious criminal con- don’t have to worry about the Biden inflation soared to a 31-year high in Oc-
duct? What about crimes like embez- administration actually enforcing the tober.
zlement? larceny? breaking and enter- law and removing them. In other Now, after thinking about it, it
ing? sex offenses? It is unclear exactly words, the guidance is an open invita- seems President Biden and his allies
what the standard is, and I think that tion for migrants to disregard the are sensing inflation may endanger
is on purpose because clearly Secretary terms of their entry into the United their reckless tax-and-spending agen-
Mayorkas does not want the Border States. da. Now, as a result, they have taken
Patrol and Immigration and Customs When President Biden’s nominee for to arguing that the cure for the infla-
Enforcement to actually enforce the the Customs and Border Protection tion spurred by their reckless spending
law that Congress has written. We are testified before the Senate Finance is to pursue even more reckless spend-
the ones who make the policy, and the Committee, I asked the police chief ing.
Border Patrol and Immigration and from Arizona if he agreed that the I am not buying it. The American
Customs Enforcement simply execute Biden administration’s policy of non- people aren’t buying it either.
that policy. Clearly, Secretary enforcement is a pull factor that is en- President Biden and his allies have
Mayorkas is trying to confuse things couraging more illegal immigration. been wrong about inflation from day
such that no apprehension and deten- He admitted that, yes, it is. one, and they are wrong now. Imme-
tion takes place at all. So, yesterday, I asked Secretary diately after taking office, we all know
What if the distribution of child por- Mayorkas the same question: Does this what happened: They pursued a par-
nography, let’s say, happened 4 years guidance of nonenforcement send a sig- tisan $2 trillion liberal wish list pack-
ago? Is the perpetrator no longer a pri- nal to criminal organizations, human age under the guise of COVID relief,
ority for apprehension and removal smugglers, and migrants that if they and only 9 percent of it was to fight
now that the threat isn’t ‘‘current’’? In illegally enter the United States and COVID.
fact, the Secretary explicitly says the commit no other crimes, they can Congress had already approved $4
threat shouldn’t be determined accord- stay? trillion in bipartisan relief, including a
ing to bright lines or categories. In He said: No. That is 100 percent false. nearly $1 trillion bill, only a month
other words, he wants to continue to But I disagree with Secretary prior to the President’s inauguration.
fuzz it up and make it ambiguous. I Mayorkas. He is clearly not telling the And all that money that was spent re-
don’t understand why if you are actu- truth. There is a clear correlation be- covering from Congress shutting down
ally serious about enforcing our laws. tween the Biden administration’s reck- the economy in March of 2020 was all
Is there a reason that any migrant con- less policies and the record level of ille- passed in a bipartisan, cooperative
victed of possessing or distributing gal migration. way, not like bills this year are tuned
child pornography should be allowed to Any administration, of course, has a up to just be partisan, with the major-
remain in the United States? certain amount of discretion when it ity Democrats of the House and Senate
The Secretary indicates that even comes to enforcement, but what we are supplying all the support.
certain migrants, like those who are el- seeing from Secretary Mayorkas isn’t Now, our economy was already on the
derly or provide for their families, an exercise of discretion, and it is cer- road to recovery when the President
should be exempt from the law. That tainly not A-for-effort worthy. I don’t was sworn in, and highly effective vac-
clearly is not within the authority of think anyone expected Secretary cines were allowing economic activity
the Secretary to decide against whom Mayorkas to lead the charge to secure to bounce back, and it did bounce back
the laws should be enforced. Does that our borders and crack down on illegal quickly.
mean that someone who committed a immigration, but he is not even doing I, along with many on my side of the
sexual assault 20 years ago but now has the bare minimum that his job descrip- aisle, warned that adding $2 trillion on
a family who depends on him should be tion requires. top of the existing relief—that money
able to remain in the United States? The truth is, the Biden administra- still entering the economy—risked
It defies all common sense to ask our tion has fumbled the border crisis at sparking inflation, and it has.
law enforcement officers to turn a every turn. The President sent smoke And it wasn’t just Republicans
blind eye when they encounter individ- signals about open borders before he sounding the inflation alarm. Long-
SSpencer on DSK126QN23PROD with SENATE
uals who have clearly broken the law. even took office, and his administra- time Democratic economist Professor
Imagine calling the police to report an tion has rolled out incentive after in- Larry Summers, who held top posts in
intruder in your home and being told, centive for migrants to continue to both the Obama and Clinton adminis-
unless this person is young, childless, break the law, and it has tied the hands trations, also made his inflation con-
and murdered a member of your fam- of dedicated law enforcement officers cerns known. So Democrats in Con-
ily, we can’t do anything or we won’t who put their lives on the line to pro- gress and the White House don’t even
do anything. tect the American people. heed the advice of their own.
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S8340 CONGRESSIONAL RECORD — SENATE November 17, 2021
In a February Washington Post op- than the administration expected. But his agenda will result in hundreds of
ed, Professor Summers warned Presi- they were still sure it was only transi- billions of dollars of increased deficit
dent Biden’s so-called COVID package tory. spending in the near term, fueling cur-
might ‘‘set off inflationary pressures of According to President Biden, ‘‘[N]o rent inflation pressures.
a kind [that] we have not seen in a gen- serious economist’’—those are his Moreover, according to a Penn Whar-
eration, with consequences for the words—‘‘[N]o serious economist’’ was ton Budget Model and its analysis,
value of the dollar and financial sta- predicting spiraling inflation. Really? under the more realistic assumption
bility.’’ Six and two-tenths inflation Larry Summers, a Harvard professor that their spending proposals are made
just announced, which proves that Pro- and former Clinton Secretary of Treas- permanent, their plan would increase
fessor Summers was right. ury, isn’t a serious economist? debt and deficit by more than $2 tril-
With a prominent liberal economist I will tell you how serious of an econ- lion over 10 years. The Penn Wharton
such as Larry Summers raising infla- omist he is. I think he got on the Har- Budget Model shows that.
tion concerns, wouldn’t one think the vard staff at a very young age with a As a result, then, by 2050, govern-
President of the United States would title of distinguished professor. And I ment debt would be 24 percent higher,
begin to take the risk of inflation very think he was only about 30 years of age economic growth would be 3 percent
seriously? It is not how it is turning at that time. Then, early this month, lower, and wages would be 1.7 percent
out. Instead, President Biden and sen- the inflation numbers for October were less than they otherwise would be.
ior administration officials are dou- released. Inflation surged to 6.2 per- Now, he calls the program Building
bling down, arguing the real risk was cent. That is the highest inflation rate Back Better. This is a recipe for build-
not spending enough. in 31 years. ing back worse. The bottom line is that
Now, think about that for a second. Only then did the administration the President’s ill-designed spending-
Congress had already spent almost as begin to acknowledge that inflation is and-tax spree isn’t deficit neutral. It
much responding to COVID, in infla- a problem. To do otherwise would be an won’t boost productivity, but it will
tion-adjusted dollars, as it did in wag- insult to the intelligence of the Amer- fuel inflation. So I think after this Oc-
ing World War II. Yet we are somehow ican public. Hard-working Americans tober report comes out of inflation
expected to believe too little spending, have been experiencing historically being the highest in 31 years at 6.2 per-
not inflation, was the real risk. high price increases for more than half cent, it is time to pause and rethink
In reality, President Biden and con- a year. this entire approach.
gressional Democrats were simply de- The Biden inflation tax on average I suggest the absence of a quorum.
termined to not let a crisis go to waste. Americans is now $175 a month, which The PRESIDING OFFICER (Mr.
They couldn’t let a ‘‘high class prob- equates to about an extra $2,100 of OSSOFF).
lem’’ like inflation get in the way of costs every year. Gone are the claims The clerk will call the roll.
passing ‘‘the most progressive piece of that inflation is transitory. Instead, The senior assistant bill clerk pro-
legislation in history.’’ according to President Biden, ceeded to call the roll.
How out of touch is that? Remember, ‘‘[i]nflation hurts Americans’ pocket- Mr. REED. Mr. President, I ask unan-
inflation is a regressive tax that hurts books, and reversing this trend’’ is his imous consent that the order for the
the poor the most, increasing the cost ‘‘top priority.’’ quorum call be rescinded.
of food, clothing, and shelter; in other Now, President Biden and his allies The PRESIDING OFFICER (Mr.
words, affecting the basic essentials of claim the key to reversing this infla- KELLY). Without objection, it is so or-
life. Then, in the months to follow, in- tion trend is to enact the same reckless dered.
flation began to tick upward. In April, tax-and-spending agenda that they Mr. REED. Mr. President, I ask unan-
inflation clocked in at an annualized have been pursuing all year. How con- imous consent that the vote on the mo-
rate of 4.1 percent—the highest spike venient. The solution to surging infla- tion to proceed to Calendar No. 144,
since the financial crisis of 2008. tion is the same agenda he has been H.R. 4350 occur now.
Nothing to see here, the Biden ad- passing all along. The PRESIDING OFFICER. Is there
ministration officials said. That infla- I won’t go as far as President Biden objection?
and try to claim no serious economist Without objection, it is so ordered.
tion was solely due to ‘‘base effects’’—
agrees with him. However, even the CLOTURE MOTION
those are their words, ‘‘base affects’’—
that resulted from prices being sup- economists cited by the administration The PRESIDING OFFICER. Pursuant
pressed during the pandemic. as supporting their agenda do have ca- to rule XXII, the Chair lays before the
In a month or two, they said infla- veats. Those caveats include that their Senate the pending cloture motion,
tion was to return to normal or you spending policies are entirely paid for which the clerk will state.
heard the word ‘‘transitional’’ infla- and are structured in a way that will The senior assistant legislative clerk
tion, as Fed Chairman Powell was increase labor productivity. read as follows:
preaching to the entire country. Now, The current version of their spending CLOTURE MOTION
of course, Powell has changed his mind, plans doesn’t come close to meeting We, the undersigned Senators, in accord-
to some extent. those huge caveats. The President ance with the provisions of rule XXII of the
Now, around the same time, Presi- claims his agenda is completely paid Standing Rules of the Senate, do hereby
move to bring to a close debate on the mo-
dent Biden released his reckless tax- for, but those claims rest solely on
tion to proceed to Calendar No. 144, H.R.
and-spending agenda, calling for an ad- sleight of hand and budget gimmickry. 4350, a bill to authorize appropriations for
ditional—can you believe it?—$4,000 in Their largest gimmick comes from fiscal year 2022 for military activities of the
spending? artificially sunsetting spending provi- Department of Defense, for military con-
Professor Larry Summers again sions that they do not intend to expire struction, and for defense activities of the
sounded the inflation alarm warning, while imposing a permanent tax hike. Department of Energy, to prescribe military
‘‘[W]e are injecting more demand into In other words, increasing taxes and personnel strengths for such fiscal year, and
the economy than the potential supply accounting it for over the 10-year pe- for other purposes.
Charles E. Schumer, Jack Reed, Jon
. . . and that will generate over- riod of time that the Congressional
Tester, Jeanne Shaheen, Margaret
heating.’’ Budget Office looks ahead—spend that Wood Hassan, Angus S. King, Jr., Alex
Now, skip ahead a month to June. In- money in the first 2 or 3 years, and Padilla, Sherrod Brown, Mark Kelly,
flation surges to 5.4 percent. Again, the then supposedly the program is going Tim Kaine, Jacky Rosen, Tina Smith,
administration claims that there is to sunset. But everybody knows that
SSpencer on DSK126QN23PROD with SENATE
Ben Ray Luján, John Hickenlooper,
nothing to worry about. Again, we are these programs won’t sunset. So you Christopher A. Coons, Raphael
told inflation is merely transitory and better figure what the long-term cost Warnock, Mazie K. Hirono.
solely the result of bottlenecks in the is. And that is that $4.2 trillion that The PRESIDING OFFICER. By unan-
supply chain. has been in the press since this Build imous consent, the mandatory quorum
Inflation remained at those elevated Back Better program hit the press. call has been waived.
levels of 5.4 percent July through Sep- Now, on another point, even taking The question is, Is it the sense of the
tember. Inflation was persisting longer President Biden’s claim at face value, Senate that debate on the motion to
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November 17, 2021 CONGRESSIONAL RECORD — SENATE S8341
proceed to H.R. 4350, a bill to authorize The senior assistant legislative clerk There being no objection, the mate-
appropriations for fiscal year 2022 for read as follows: rial was ordered to be printed in the
military activities of the Department A bill (H.R. 5142) to award posthumously a RECORD, as follows:
of Defense, for military construction, Congressional Gold Medal, in commemora- To the Secretary of the Senate:
and for defense activities of the De- tion to the servicemembers who perished in PN 1026, the nomination of Samuel R.
partment of Energy, to prescribe mili- Afghanistan on August 26, 2021, during the Bagenstos, of Michigan, to be General Coun-
tary personnel strengths for such fiscal evacuation of citizens of the United States sel of the Department of Health and Human
and Afghan allies at Hamid Karzai Inter- Services having been referred to the Com-
year, and for other purposes, shall be mittee on Finance, the Committee, with a
national Airport, and for other purposes.
brought to a close? quorum present, has voted on the nomina-
The yeas and nays are mandatory There being no objection, the Senate
tion as follows—
under the rule. proceeded to consider the bill. (1) on the question of reporting the nomi-
The clerk will call the roll. Mr. SCHUMER. I ask unanimous con- nation favorably with the recommendation
The senior assistant legislative clerk sent that the bill be considered read a that the nomination be confirmed, 14 ayes to
called the roll. third time and passed and that the mo- 14 noes; and
tion to reconsider be considered made In accordance with section 3, paragraph
Mr. DURBIN. I announce that the (1)(A) of S. Res. 27 of the 117th Congress, I
Senator from Maryland (Mr. VAN HOL- and laid upon the table.
The PRESIDING OFFICER. Without hereby give notice that the Committee has
LEN) is necessarily absent. not reported the nomination because of a tie
The yeas and nays resulted—yeas 84, objection, it is so ordered. vote, and ask that this notice be printed in
nays 15, as follows: The bill (H.R. 5142) was ordered to a the RECORD pursuant to the resolution.’’
third reading, was read the third time,
[Rollcall Vote No. 472 Leg.] f
and passed.
YEAS—84 REMEMBERING HUGH K.
Mr. SCHUMER. Mr. President, we
Baldwin Hagerty Peters just passed H.R. 5142, which awards the LEATHERMAN, SR.
Barrasso Hassan Reed
Bennet Heinrich Risch Congressional Gold Medal to 13 service- Mr. GRAHAM. Mr. President, along
Blumenthal Hickenlooper Romney members. They are American heroes, with my fellow Senator from South
Blunt Hirono Rosen and today the Senate will honor them Carolina, Mr. SCOTT, I rise today to
Brown Hoeven Rounds
Burr Hyde-Smith Rubio
as such. honor the life of South Carolina State
Cantwell Inhofe Sasse Our Nation is forever indebted to Senator Hugh K. Leatherman, Sr., who
Capito Johnson Schatz these brave men and women and their passed away, surrounded by his loving
Cardin Kaine Schumer families for their sacrifice that enabled
Carper Kelly Scott (FL)
family, on November 12, 2021, at the
Casey King Scott (SC) the safe evacuation of more than age of 90.
Cassidy Klobuchar Shaheen 100,000 Americans and Afghan allies. Senator Leatherman was born on
Collins Lankford Shelby They risked their lives for our coun- April 14, 1931, in Lincoln County, NC.
Coons Leahy Sinema
Cornyn Lee Smith
try, and their heroic efforts will not be He was raised on a farm and attended
Cortez Masto Luján Stabenow forgotten. North Carolina State University, earn-
Cramer Manchin Tester f ing a degree in civil engineering in
Crapo Marshall Thune
Daines McConnell Tillis
1953. In 1955, he moved to South Caro-
NATIONAL HOSPICE AND lina to start a concrete company, be-
Duckworth Menendez Toomey
Durbin Merkley Tuberville
PALLIATIVE CARE MONTH fore starting his political career. His
Ernst Moran Warner Mr. SCHUMER. Now, Mr. President, I expansive political career began in 1967
Feinstein Murkowski Warnock
Fischer Murphy Whitehouse
ask unanimous consent that the Sen- after being elected to serve on the
Gillibrand Murray Wicker ate proceed to the consideration of S. Quinby Town Council. During his term
Graham Ossoff Wyden Res. 455, submitted earlier today. on the town council, he served as
Grassley Padilla Young The PRESIDING OFFICER. The mayor pro tempore for the town of
NAYS—15 clerk will report the resolution by Quinby from 1971 to 1976. In 1980, Sen-
Blackburn Cruz Paul title. ator Leatherman ran for South Caro-
Booker Hawley Portman The senior assistant legislative clerk lina State Senate and served the people
Boozman Kennedy Sanders read as follows:
Braun Lummis Sullivan
of District 31, which includes Dar-
Cotton Markey Warren A resolution (S. Res. 455) designating No- lington and Florence Counties. On
vember 2021 as ‘‘National Hospice and Pallia- June 18, 2014, Senator Leatherman was
NOT VOTING—1 tive Care Month’’. elected president pro tempore. He also
Van Hollen
There being no objection, the Senate served as the chairman of the powerful
The PRESIDING OFFICER (Mr. proceeded to consider the resolution. senate finance committee, as well as a
KING). On this vote, the yeas are 84, the Mr. SCHUMER. I ask unanimous con- member of the ethics, interstate co-
nays are 15. sent that the resolution be agreed to, operation, rules, transportation and
Three-fifths of the Senators duly cho- the preamble be agreed to, and that the the labor, commerce and industry com-
sen and sworn having voted in the af- motions to reconsider be considered mittees.
firmative, the motion is agreed to. made and laid upon the table with no As a State senator, a position he held
The majority leader. intervening action or debate. for more than 40 years, Senator
f The PRESIDING OFFICER. Without Leatherman’s dedication to the State
objection, it is so ordered. could not be questioned. When it came
AWARDING POSTHUMOUSLY A to the needs of South Carolina, he was
The resolution (S. Res. 455) was
CONGRESSIONAL GOLD MEDAL, always at the forefront of getting
agreed to.
IN COMMEMORATION TO THE things done. His statewide perspective
The preamble was agreed to.
SERVICEMEMBERS WHO PER- led him to championing the Port of
(The resolution, with its preamble, is
ISHED IN AFGHANISTAN ON AU- Charleston Harbor Deepening Project,
printed in today’s RECORD under ‘‘Sub-
GUST 26, 2021, DURING THE EVAC- as well as recruiting companies like
mitted Resolutions.’’)
UATION OF CITIZENS OF THE Boeing, Honda, and Volvo to come to
UNITED STATES AND AFGHAN f
the State he loved so intensely. He will
ALLIES AT HAMID KARZAI MORNING BUSINESS be remembered as having one of the
INTERNATIONAL AIRPORT most effective voices for his region and
SSpencer on DSK126QN23PROD with SENATE
---
Mr. SCHUMER. Mr. President, I ask the State and was always looking to-
unanimous consent that the Senate NOTICE OF A TIE VOTE UNDER wards what the State of South Caro-
proceed to the immediate consider- S. RES. 27 lina could become.
ation of H.R. 5142, which was received Mr. WYDEN. Mr. President, I ask Senator Leatherman’s devotion to
from the House. unanimous consent to print the fol- his State and his constituency should
The PRESIDING OFFICER. The lowing letter in the CONGRESSIONAL be a model from which all public serv-
clerk will report the bill by title. RECORD. ants look to follow. We grieve his loss
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