Congressional Record, Senate, November 18, 2021, No. 201
Summary
The opening of the Congressional Record, Senate, Vol. 167, No. 201, for Thursday, November 18, 2021. The Senate met at 10 a.m. and was called to order by Ms. Rosen as Acting President pro tempore under a designation by the President pro tempore, Mr. Leahy, and the Chaplain, Dr. Barry C. Black, offered the prayer. In remarks under Reservation of Leader Time, a Senator says that with Republican cooperation the Senate can adopt the motion to proceed to the defense bill and begin voting on amendments that day, and mentions an amendment to repeal the 2002 Iraq AUMF, which he says was reported out of the Senate Foreign Relations Committee. The remarks are the Senator's own.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Congressional Record, Senate, November 18, 2021, No. 201.”
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Congressional Record
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117 th CONGRESS, FIRST SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 167 WASHINGTON, THURSDAY, NOVEMBER 18, 2021 No. 201
Senate
The Senate met at 10 a.m. and was Senate, I hereby appoint the Honorable ing bill. With Republican cooperation,
called to order by the Honorable JACKY JACKY ROSEN, a Senator from the State we can adopt the motion to proceed
ROSEN, a Senator from the State of Ne- of Nevada, to perform the duties of the and begin voting on amendments early
vada. Chair. today.
f PATRICK J. LEAHY, Let me say it again. With Republican
President pro tempore. cooperation, we can adopt the motion
PRAYER to proceed and begin voting on amend-
Ms. ROSEN thereupon assumed the
The Chaplain, Dr. Barry C. Black, of- Chair as Acting President pro tempore. ments today. We should work together
fered the following prayer: and complete this important bill before
Let us pray. f
the Thanksgiving holiday.
O God our Father, we want to serve RESERVATION OF LEADER TIME Last night’s vote was overwhelm-
You as You desire. Lord, make us alert ingly bipartisan, so there is no reason
The ACTING PRESIDENT pro tem-
to the needs of those You seek to we can’t come to an agreement very
pore. Under the previous order, the
touch, providing us with opportunities soon to begin debating amendments.
to transform hurting people. leadership time is reserved. And there is already one important
Use our lawmakers to do Your will f amendment that I want to mention: re-
on Earth as You empower them to be CONCLUSION OF MORNING pealing the 2002 Iraq AUMF. This bi-
ambassadors of reconciliation. Lord, BUSINESS partisan measure was reported out of
give them such winsome dispositions the Senate Foreign Relations Com-
that they will bless even those who are The ACTING PRESIDENT pro tem- mittee earlier this year, and I said
hard of heart and withered in spirit. pore. Morning business is closed. months ago that the Senate should
May our legislators comfort those who f hold a vote on it. The NDAA is a log-
are brought low by sorrow and lift ical place to do so.
those who are bowed by life’s burdens. LEGISLATIVE SESSION The Iraq war has been over for over a
Lord, during this season of Thanks- decade. An authorization passed in 2002
giving, inspire each of us to be grateful is no longer necessary for keeping
every day. NATIONAL DEFENSE AUTHORIZA- Americans safe in 2021. It has been
We pray in Your precious Name. TION ACT FOR FISCAL YEAR nearly 10 years since this particular
Amen. 2022—Motion to Proceed—Resumed authorization has been cited as a pri-
f The ACTING PRESIDENT pro tem- mary justification for a military oper-
pore. Under the previous order, the ation, and there is a real danger to let-
PLEDGE OF ALLEGIANCE
Senate will resume consideration of ting these legal authorities persist in-
The Presiding Officer led the Pledge the motion to proceed to H.R. 4350, definitely. Repealing this AUMF will in
of Allegiance, as follows: which the clerk will report. no way hinder our national defense,
I pledge allegiance to the Flag of the The senior assistant legislative clerk nor will it impact our relationship with
United States of America, and to the Repub- read as follows: the people of Iraq.
lic for which it stands, one nation under God, I want to thank Chairman MENENDEZ,
indivisible, with liberty and justice for all. Motion to proceed to Calendar No. 144,
H.R. 4350, a bill to authorize appropriations Senator KAINE, Senator YOUNG, and
f for fiscal year 2022 for military activities of every Republican and Democratic co-
APPOINTMENT OF ACTING the Department of Defense, for military con- sponsor of the bill for working to bring
PRESIDENT PRO TEMPORE struction, and for defense activities of the this issue to the floor. And in the com-
Department of Energy, to prescribe military ing days, I hope we can come to an
The PRESIDING OFFICER. The personnel strengths for such fiscal year, and
clerk will please read a communication agreement on other commonsense
for other purposes.
to the Senate from the President pro amendments to strengthen the Defense
RECOGNITION OF THE MAJORITY LEADER
tempore (Mr. LEAHY). bill so we can get it passed through the
The ACTING PRESIDENT pro tem- Senate as soon as possible.
The senior assistant legislative clerk
pore. The majority leader is recog- BUILD BACK BETTER AGENDA
read the following letter:
nized. Madam President, on Build Back Bet-
U.S. SENATE,
PRESIDENT PRO TEMPORE,
NATIONAL DEFENSE AUTHORIZATION ACT ter, now that President Biden has en-
Washington, DC, November 18, 2021. Mr. SCHUMER. Madam President, on acted his once-in-a-generation infra-
To the Senate: NDAA, last night, the Senate began structure bill, Democrats are taking
Under the provisions of rule I, para- the process to debate, amend, and ulti- the next steps toward passing the rest
graph 3, of the Standing Rules of the mately pass our annual Defense spend- of his Build Back Better plan.
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∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
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S8408 CONGRESSIONAL RECORD — SENATE November 18, 2021
The last year and a half have been Yesterday, every single Republican So I hope the Senate will consider an
unlike any in modern U.S. history. We on the Small Business Committee boy- NDAA amendment to sanction this
have had a once-in-a-century pan- cotted a hearing that would have held project and to provide additional lethal
demic, followed by the worst economic a vote on Dilawar Syed’s nomination support to Ukraine. These initiatives
crisis since the Great Depression. for the No. 2 spot at the Small Business have previously won bipartisan sup-
We have come a long way this year as Administration. port, so I would hope Democrats would
we have lifted our country out of the If confirmed, Mr. Syed would be the join Republicans in pushing back on
depths of these crises, but the chal- highest ranking Muslim American in Moscow.
lenges, of course, aren’t over. government. This is the fifth time—the China is flaunting major military in-
Americans right now want us to fifth time—that Republicans have novations, like hypersonic weapons
lower costs for things like healthcare, failed to show up to a committee hear- systems, stepping up airspace intru-
prescription drugs, childcare. We have ing for Mr. Syed. sions over Taiwan, and blaming Amer-
a responsibility to pass legislation that To date—to date—we have yet heard ica for their bad behavior. But while
will cut costs and improve American a single legitimate reason for their op- President Biden and our colleagues
lives. That is why we need to keep position. At one point, some of my col- like to talk a good game about China,
working on passing Build Back Better. leagues seemed to question Mr. Syed’s they have yet to really walk the walk.
We know that passing this critical leg- allegiance because of his affiliation President Biden’s budget request for
islation will lower costs for some of the with a Muslim voter education group. our military and defense does not even
most basic and essential things in ev- That is repugnant, and after those ob- keep pace with President Biden’s infla-
eryday life. And as economists from jections provoked fierce criticism, Re- tion.
leading rating agencies said yesterday, publicans came up with entirely new In addition, while Russia openly
Build Back Better will not add to the fabrications for their resistance. threatens its neighbors and China
inflationary pressures in the U.S. econ- But at no point have Republicans ex- builds up its conventional and nuclear
omy. plained why Mr. Syed is not qualified forces, there are reports that Demo-
The childcare provision could alone for the job. Frankly, they can’t be- crats are considering unprecedented
save families thousands of dollars each cause Mr. Syed is the definition of a new constraints on America’s own nu-
year. Families, on average, spend qualified candidate. His nomination clear options through a ‘‘no first use’’
$10,000 annually on childcare for each has been praised by hundreds of busi- or ‘‘sole purpose’’ policy.
child under 4. A generation ago, this ness groups, including the U.S. Cham- Our allies have strong concerns about
was unheard of. Build Back Better will ber of Commerce, hardly a liberal this. I hope the Senate will use the
dramatically lower costs for millions crowd. NDAA process to demonstrate bipar-
of families by providing the largest in- It is shameful; it is unacceptable; it
tisan support for finally modernizing
vestment in childcare in American his- is ridiculous for Republicans to keep
our nuclear triad. That is the bedrock
tory. stalling on Mr. Syed’s nomination. He
of deterrence and our strongest defense
The same goes for prescription drugs. is eminently qualified to serve in the
against these serious threats.
If you are one of the roughly 10 million SBA. So, what about terrorism?
Americans who relies on insulin to Why are Senate Republicans oppos-
Following President Biden’s Afghani-
manage your diabetes, chances are you ing Mr. Syed’s nomination? And let me
stan disaster, we are facing new and
have been spending more and more as ask this again because the question
growing threats there as well. The new
the cost of this once-affordable drug resonates. Why are Senate Republicans
Taliban government has made cabinet
has skyrocketed. It is truly one of the opposing Mr. Syed’s nomination?
I ask my Republican colleagues to ministers out of terrorists whom the
perplexing and frustrating trends of Obama-Biden administration let out of
the past two decades. drop their resistance and allow this ex-
cellent and straightforward nominee to Guantanamo Bay. But the Biden-Harris
Well, Build Back Better will make it
receive confirmation. administration still naively acted like
so Americans with diabetes don’t pay
more than $35 per month on insulin by I yield the floor. these characters care one bit about
enabling Medicare to directly nego- I suggest the absence of a quorum. international norms.
The ACTING PRESIDENT pro tem- That is why Republicans have an
tiate prices in Part B and Part D—
pore. The clerk will call the roll. amendment to ensure that none of the
again, lowering costs, improving the
The senior assistant legislative clerk funding for Afghanistan aid can flow to
lives of millions of families.
Examples go on and on of how people proceeded to call the roll. the Taliban. It is an indictment of
will have more money in their pocket Mr. MCCONNELL. Madam President, President Biden’s policy that such an
given their expenses. I ask unanimous consent that the order amendment is even necessary, but yet
Build Back Better cuts taxes for par- for the quorum call be rescinded. that is where we are.
ents raising kids. It makes pre-K uni- The ACTING PRESIDENT pro tem- In the Middle East, Iranian-backed
versal for the first time ever. It will pore. Without objection, it is so or- terrorists are rampaging from Yemen
provide help for small businesses to in- dered. to Iraq to Syria. They are emboldened
vest within the United States and hire RECOGNITION OF THE MINORITY LEADER as our deterrence has eroded. Given the
American workers. The minority leader is recognized. multiple attacks on U.S. forces and fa-
And, ultimately, it is the best thing NATIONAL DEFENSE AUTHORIZATION ACT cilities, we are fortunate more Ameri-
we can do to recapture that sunny Mr. MCCONNELL. Well, at long last cans haven’t been killed. It may only
American optimism that has been the the Senate will officially turn to the be a matter of time before we see U.S.
key to our country’s success. Creating NDAA. Every day, world events remind casualties at the hands of Iranian-
jobs, lowering costs, fighting inflation, us that America faces serious rolling backed terrorists.
keeping more money in people’s pock- threats. In too many cases President However, in the wake of these grow-
ets—these are things Americans want Biden’s decisions have actually made ing threats, Democrats want to use the
and what Americans need, and it is things worse, so our annual oppor- NDAA—a bill that should strengthen
what BBB does. tunity for the Senate to have its say is our national defense—as an occasion to
We are going to keep working on this as important this year as it has ever weaken the authorities that support
important legislation until we get it been. our military’s presence and operational
done. Over in Russia, Putin is preparing to flexibility by repealing the 2002 AUMF.
NOMINATION OF DILAWAR SYED escalate military hostilities along the I expect a robust debate about that.
Madam President, now, on a much border with Ukraine, and he is using I am glad we will finally be able to
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sadder note, Mr. Syed. Europe’s reliance on natural gas to have these debates and these votes.
The Republican fixation on blocking bully our friends. But President Biden America needs a course correction, and
qualified, uncontroversial, and essen- actually removed obstacles to Putin’s the Senate needs to supply it.
tial nominees to fill roles in the Biden brandnew pipeline that will further ex- THE ECONOMY
administration has hit a new and tend his leverage and further enrich his Madam President, on an entirely dif-
shameful low. cronies. ferent matter, American families are
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November 18, 2021 CONGRESSIONAL RECORD — SENATE S8409
dealing with painful inflation every agreement. We are supposed to promise our colleagues have found a way to be
single day. They have been fighting Europe and Asia that we won’t make this out of touch.
this daily battle for months now. America an especially attractive place I suggest the absence of a quorum.
A few months ago, a grandfather to bring jobs and prosperity. The ACTING PRESIDENT pro tem-
raising four grandkids in Missouri told Let me say that again. We are in the pore. The clerk will call the roll.
reporters he had to cancel summer process of promising Europe and Asia The senior assistant bill clerk pro-
camp for his 8-year-old and his 6-year- that we won’t make America an espe- ceeded to call the roll.
old in order to keep affording diapers cially attractive place to bring jobs Mr. THUNE. Madam President, I ask
for their twin younger brothers. and prosperity. unanimous consent that the order for
One Maryland woman told the local Look, it gets worse. President Biden the quorum call be rescinded.
news she had gone to the grocery store and Secretary Yellen want America to The ACTING PRESIDENT pro tem-
to buy meat for her family, but was leap over the cliff first, tax the heck pore. Without objection, it is so or-
turned away by the pricetag and had to out of American industries while we dered.
leave with a $2 loaf of bread instead. just wait and see if our competitors ac- BORDER SECURITY
One man in Massachusetts, who cares tually follow suit. Mr. THUNE. Madam President, the
for his elderly mother, told reporters Well, you better believe China would Biden border crisis continues to rage.
that his 94-year-old mom needs the be just thrilled to see the Democrats’ Last month, U.S. Customs and Border
house kept warm, so they are getting bill drain hundreds of billions of dol- Protection encountered 164,303 individ-
absolutely crushed—crushed—by run- lars out of our own private sector as a uals attempting to illegally cross our
away heating costs. Here’s what he had symbolic gesture to the rest of the southern border. That is more than
to say about it: world. twice the number of encounters Cus-
Before, you’d go to the store, and if you Democrats’ tax policies are just like toms and Border Protection had the
had a $100, you could buy four bags of gro- their energy policies. They won’t build previous October and the highest Octo-
ceries and be happy. Now you are lucky to back better. They will build back Bei- ber number ever recorded by Customs
get a bag. Milk, orange juice, eggs. Plus the jing. They won’t build back better. and Border Protection. In all, more
oil for the house, the water bills. It’s just They will build back Beijing. than 1.7 million migrants were appre-
crazy. It’s so much money. How is someone This is just one part of a $1.5 trillion hended attempting to cross our south-
supposed to survive? job-killing tax hike. There are all ern border in fiscal year 2021—the high-
This persistent and painful inflation kinds of tax increases that would hit est number ever.
has been directly fueled by the reckless major employers, Main Street small We are in the midst of a very serious
spending spree that Democrats rammed businesses, and American families. crisis, and the response from Demo-
through in March. Even if Washington Nonpartisan experts have confirmed crats and the administration? Well,
Democrats didn’t inflict more new the Democrats’ bill would completely mostly crickets. Democrats seem to
damage, economists still say ‘‘we’re break the President’s promise not to hope that ignoring the border situation
going to see inflation get worse before raise ‘‘a single penny more,’’ he said, in will make it go away or at least ensure
it gets better.’’ taxes on middle-class households. that no one pays attention. I am pretty
The Democratic leader said on March They even want to send tens of bil- sure the President and his administra-
12: ‘‘I do not think the dangers of infla- lions in extra funding to the IRS so tion spent more time earlier this year
tion, at least in the near-term, are very they can hire an army of new agents to fighting against the use of the word
real.’’ snoop and audit their way across the ‘‘crisis’’ to describe the situation at
He was catastrophically wrong. And country. But less than 3 percent of the the border than they did actually
these same people want yet another huge IRS windfall would fund better thinking about how they might deal
multitrillion-dollar bite at the apple. customer service for taxpayers. with the influx. Apparently, the admin-
Look, American families know the Finally, in the midst of all these tax istration is still—still—trying to avoid
spending part of Democrats’ reckless hikes, Democrats from New York, New the ‘‘crisis’’ label judging by a recent
tax-and-spending spree would spell dis- Jersey, and California have managed to hearing wherein the President’s nomi-
aster. Sixty-seven percent just told a include—listen to this—a massive tax nee to head Customs and Border Pro-
survey that Washington should cut cut for wealthy people who choose to tection seemed to carefully avoid refer-
back on printing and spending because reside in high-tax blue States. This bo- ring to the situation at the border as a
of inflation and rising costs. nanza for blue State millionaires and ‘‘crisis.’’
And then there is the taxing part of billionaires would cost almost $300 bil- If the highest number of border en-
their reckless taxing-and-spending lion on its own. counters ever recorded isn’t a crisis, I
spree. The bill that Democrats are Even the Washington Post could only am not sure what is. The situation at
writing behind closed doors would hike marvel at the audacity of this. Here’s our southern border is out of control. It
taxes on the American people by an es- their headline: ‘‘The second-biggest is a security crisis, it is a manpower
timated $1.5 trillion—a trillion and a program in the Democrats’ spending and enforcement crisis, and it is a hu-
half dollars in tax increases. plan gives billions to the rich.’’ That is manitarian crisis—although, again,
Democrats have already turned a the Washington Post’s assessment of you would never guess it from the
strong economy into a shaky economy. it. Democrats’ behavior.
Now they want to add the biggest tax In fact, even though Democrats want Despite the fact that this crisis has
hikes in a generation. A huge chunk of to hike taxes by $1.5 trillion, their bill been raging for the best part of a year
that is hundreds of billions of dollars still manages to give a net tax cut to 89 now, Democrats and the administra-
for tax hikes on American industries percent of people making between tion have taken essentially no mean-
and employers, because the Biden ad- $500,000 and $1 million, and 69 percent ingful action to address the situation,
ministration has become enamored of households making over $1 million. and that is not the worst of it. The
with a global scheme where countries This bears repeating. Even though Democrats’ policies are actually mak-
around the world supposedly all agree Democrats want to hike taxes by $1.5 ing the situation worse.
to hike their tax rates together. trillion, their bill still manages to give Among other things, the President
This is an awful idea. Remember, in a net tax cut to 89 percent of people has significantly limited the ability of
2019, Republican policies had set up the making between $500,000 and $1 million, Immigration and Customs Enforcement
best economy for working Americans and 69 percent of households making and Customs and Border Protection to
in a generation. This is in large part over $1 million. enforce immigration laws, and arrests
ctelli on DSK11ZRN23PROD with SENATE
because we just cut taxes substan- All of this is a huge blow to Amer- in the interior of the country dropped
tially. We made America a more at- ican competitiveness: job-killing tax steeply under this administration. The
tractive place to do business. hikes. But Democrats make sure to Washington Post recently reported:
So President Biden wants to do just look out for the ultrawealthy out on Immigration arrests in the interior of the
the opposite of that: thrust America the coasts. A supermajority of them United States fell in fiscal 2021 to the lowest
into some kind of global noncompete get tax cuts. I am almost impressed level in more than a decade.
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S8410 CONGRESSIONAL RECORD — SENATE November 18, 2021
The practical effect of the Presi- Attempting to enter the country ille- He said that our Civil War was test-
dent’s immigration policies has been to gally is fraught with danger, from nat- ing ‘‘whether a nation, conceived in
encourage new waves of illegal immi- ural perils like weather, disease, and liberty, and dedicated to the propo-
gration. It is hardly surprising. If you exposure, to exploitation by smugglers sition that all men are created equal
think that your chances of staying in and traffickers. Amnesty and lax en- . . . can long endure.’’
the United States are good, even if you forcement policies encourage thou- Can our democracy endure? It is a
are here illegally, you are likely much sands more individuals and families to question that Lincoln pondered not
more inclined to undertake the journey expose themselves to the dangers of an just at Gettysburg but throughout his
in the first place. illegal border crossing. life.
The administration’s actions—or President Biden and Democrats could Twenty-five years before Gettysburg,
lack thereof—have been compounded help stem this crisis right now by mak- he had considered that question in a
by the actions of Democrats in Con- ing it clear that immigration law will speech at the Young Men’s Lyceum in
gress who have been doing their best to be enforced and that the only accept- Springfield, IL. He was a young lawyer
guarantee widespread amnesty. Demo- able way to enter the United States is and a newly elected State legislator,
crats have repeatedly attempted to in- to come here legally. Unfortunately, it just 29 years old.
clude some form of amnesty in their seems much more likely that the Presi- It was a challenging time in America,
tax-and-spending spree. While they dent will continue to ignore this crisis as it is today. Anxiety was high fol-
have been partially foiled by the rul- and deemphasize immigration enforce- lowing a stock market panic the pre-
ings of the Senate Parliamentarian, ment while Democrats in Congress will vious year. There was growing violence
the latest version of their bill still con- continue to push for amnesty. It is a in America. Abolitionists were being
tains provisions to grant de facto am- serious failure of responsibility on the killed by pro-slavery defenders. Blacks
nesty to many illegal immigrants. President’s part and one that will con- and others were being lynched with
Their spending spree also delib- tinue to have serious and sometimes alarming frequency in the South. Lin-
erately lacks restrictions on Federal deadly consequences. coln feared that what he called ‘‘the
funding going to individuals in the I yield the floor. justice of the mob’’ might replace the
country illegally, which means that il- I suggest the absence of a quorum. rule of law. Sound familiar?
legal immigrants could end up receiv- The PRESIDING OFFICER (Mr. In a time of such anxiety, he ques-
ing the $3,000-per-year child allowance, BOOKER). The clerk will call the roll. tioned whether people might elect a
housing vouchers, and more. One anal- The senior assistant bill clerk pro- despot who would use his power to tear
ysis suggests that illegal immigrants ceeded to call the roll. down the institutions of our democ-
could collect $10.5 billion in child al- Mr. DURBIN. Mr. President, I ask racy, rather than preserve them.
lowance payments next year. unanimous consent that the order for In his most famous passage, he
I haven’t even mentioned reports the quorum call be rescinded. warned that if American democracy
that the Biden administration has ap- The PRESIDING OFFICER. Without were ever to perish, ‘‘it must spring up
parently been contemplating settling objection, it is so ordered. amongst us; it cannot come from
lawsuits brought by individuals, who THE GETTYSBURG ADDRESS abroad. If destruction be our lot, we
came here illegally, with payments of Mr. DURBIN. Mr. President, it was must ourselves be its author and fin-
up to $450,000 per person—$450,000. That 158 years ago tomorrow that Abraham isher.’’
is right. That is more than four times Lincoln delivered what I believe was I heard those words quoted by a
as much as the government gives to the greatest speech ever uttered by an thoughtful Member of the House of
the families of soldiers killed in action American. He had been asked to say ‘‘a Representatives on the night of Janu-
and nine times—nine times—as much few words’’ at the dedication at the ary 6, 2021, after the mob that attacked
as the government gives to an indi- Soldiers’ National Cemetery in Gettys- this Capitol had gone and Congress had
vidual wrongly imprisoned for 1 year. burg, PA. returned to complete our duty to cer-
The administration has suggested that Four months had passed since the tify the electoral ballots and declare
payments will not actually be that great armies of the North and South Joe Biden the President of the United
high, but even a settlement half that had clashed on that hallowed ground. States.
size would dwarf the payments that we They had fought for 3 days in the sear- The weapons and military programs
give to the families of fallen soldiers. ing July heat. When the slaughter fi- that we will debate in the coming days
Immigrants have helped make this nally ended, the battlefield lay covered are important. They are essential to
country what it is today, and I am a with the bodies of 50,000 dead and protect America. But weapons alone
strong supporter of legal immigration, wounded soldiers and officers. It was cannot save us if we don’t understand
including temporary worker visas, like the bloodiest battle in the hellish Civil what we are fighting to defend. There
H–2B visas, which help South Dakota War. is only one sure way to preserve Amer-
employers and many others address What good could come from butchery ican democracy, Lincoln told us. We
hiring challenges, but, again, immigra- and sorrow? What great purpose had must know our history. We should
tion has to be legal. Encouraging ille- been worth such staggering loss? Those study the Declaration of Independence
gal immigration, as the Democrats are were the questions which Abraham and the Constitution, he said, as if
doing, presents a serious security risk Lincoln pondered on his train ride to they were a Bible, so that we revere
because it makes it easier for everyone answer in Gettysburg. the principles upon which our democ-
from terrorists to drug traffickers to He spoke for less than 3 minutes— racy is built.
enter the country unidentified, to say just 272 words. In those 3 minutes, he Our democracy can’t survive if we re-
nothing of drugs like fentanyl and redefined the war as not a battle for ject the great proposition for which so
other illegal items. territory or property, but for human many died at Gettysburg: that all peo-
Encouraging illegal immigration dignity and human equality. ple are created equal. Our democracy
through lax immigration enforcement He gave us a profound, simple, new cannot survive if we abide by the rule
and amnesty also undermines respect definition of democracy: ‘‘Government of law only when it suits us. And it will
for the rule of law. The area of immi- of the people, by the people, and for the not endure if we see each other as en-
gration should not be an exception to people.’’ He said the fallen soldiers had emies rather than as friends and citi-
the principle that the law has to be fol- done all they could do. They had given zens of one Nation that we all love.
lowed and respected. Yet that is basi- their ‘‘last full measure of devotion’’ to We have seen a demonstration of that
cally what Democrats’ policies are say- ensure democracy did not perish from particular issue this week in the House
ctelli on DSK11ZRN23PROD with SENATE
ing—that the law doesn’t matter when this Earth. of Representatives.
it comes to immigration. Now, Lincoln said, it was left to us, In his book, ‘‘Lincoln at Gettys-
Finally, we need to get away from the living, to ‘‘advance their unfinished burg,’’ Garry Wills wrote that ‘‘Up to
any idea that there is anything com- work’’—in his words, to salvage from the Civil War, the United States was
passionate about policies that encour- all of that death a new birth of free- referred to as a plural noun. ‘The
age individuals to come here illegally. dom. United States are a free country.’ After
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November 18, 2021 CONGRESSIONAL RECORD — SENATE S8411
Gettysburg, it became singular, ‘The tary balance of power and diverging I want to emphasize, however, that
United States is a free country.’’’ views of governance. And it is unfold- our Nation’s ability to deter China can-
As it says above your head, Mr. ing amidst climate change and the not be based on military might alone.
President, ‘‘e pluribus unum.’’ emergence of highly disruptive tech- We must strengthen our network of al-
As we look forward to celebrating nologies. lies and partners, which will be essen-
our national holiday of Thanksgiving, The interconnected nature of these tial to any strategy for the Indo-Pa-
perhaps we could try a little harder to threats will drive how we transform cific region. We must also ensure that,
hear the ‘‘mystic chords of memory’’— our tools of national power to respond. as we shift our focus to the Indo-Pa-
what a phrase—that unite us. The passage of the FY2022 NDAA will cific, we do not lose sight of priorities
I think about that Gettysburg Ad- be a critical step in meeting the com- in other areas, like Europe.
dress, and I was asked to give a speech plex challenges before us. This year’s bill authorizes the con-
about the Gettysburg Address at Get- Turning to the specifics of this year’s tinuation of the European Deterrence
tysburg many years ago. I tried to set Defense bill, the NDAA authorizes $740 Initiative—or the EDI—recognizing the
out whatever I had to say in 272 words. billion for the Department of Defense continued need to invest in support for
I think I did a fair job, but I would give and $27 billion for national security our European allies and partners as we
myself a passing grade, at best. But it programs within the Department of work toward the shared goal of deter-
was a complete shock to my audience Energy. ring Russian aggression, addressing
when I stopped at 272 words, and Lin- For the first time in years, this legis-
strategic competition, and mitigating
coln said that a speech doesn’t have to lation, like the President’s budget re-
shared security concerns, the most re-
be eternal to be immortal. quest, does not include a separate over-
cent one being the amassing of Russian
In our lives as public servants, we are seas contingency fund, or OCO, request.
called on to speak very often. And I am Any war-related costs are included in troops on the border of Ukraine.
reminded, time and again, the impact the base budget. Turning to personnel, the key factor
that Lincoln had with so few words, to This bill contains a number of impor- that makes the United States the
capture the moment, to give people tant provisions that I would like to greatest military power in the world is
hope, and to craft phrases which still highlight. its people. We need to ensure that our
endure to this day as some of the most To begin, we have a duty to ensure uniformed personnel know every day
masterful uses of the English language that the United States can how much we appreciate what they do
one can imagine. outcompete, deter, and prevail against and that we have their backs.
Tomorrow, I hope we can take a mo- near-peer rivals. The NDAA supports Congress has done a good job in pro-
ment to recall our childhood education, the Department of Defense in this en- viding benefits to the military and
when we were taught the Gettysburg deavor by providing the resources need- their families, and this year’s Defense
Address and perhaps recite what we ed by the combatant commanders to bill continues to do that. But our mili-
can of it. And I hope we will remember, carry out the national defense strat- tary is showing the strain of two dec-
even in these dark times, that we have egy, or NDS. ades of continuous deployments, and I
faced harder times than this and we Every 4 years, the Department re- am concerned that there has been a
were delivered and this Nation en- ports the NDS to outline the national dangerous erosion of trust within the
dured. security objectives of the administra- chain of command; and issues such as
I yield the floor. tion. The 2018 NDS provided a frame- racism, extremism, sexual harassment,
I suggest the absence of a quorum. work, and the DOD will release a new and sexual assault have been allowed
The PRESIDING OFFICER. The strategy in the coming months. to fester and create friction and divi-
clerk will call the roll. In this regard, this bill creates a sion.
Mr. REED. Mr. President, I ask unan- commission on the national defense The Department of Defense is ad-
imous consent that the order for the strategy for the forthcoming NDS in dressing those issues, but Congress
quorum call be rescinded. order to boost our military advantage. must provide guidance and resources.
The PRESIDING OFFICER. Without Last year, the Armed Service Com- To this end, the bill strengthens the
objection, it is so ordered. mittee created the Pacific Deterrence All-Volunteer Force and improves the
NATIONAL DEFENSE AUTHORIZATION ACT Initiative—or PDI—to better align quality of life of the men and women of
Mr. REED. Mr. President, I rise to DOD resources in support of military- the total force: the Active Duty, the
discuss the fiscal year 2022 National to-military partnerships to address the National Guard, and the Reserves;
Defense Authorization Act. challenges posed by China. their families; and, importantly, the
Over the coming days, the Senate This year’s bill extends and modifies
Department of Defense civilian em-
will consider this bill, which the Armed the PDI and reiterates the committee’s
ployees, who contribute significantly
Services Committee passed by a broad intent to improve our force posture in
to the effectiveness of our operations.
bipartisan margin of 23 to 3 in July. the Indo-Pacific, to increase readiness
I look forward to debating and im- and presence, and to build the capabili- It reinforces the principles of a
proving this bill, as we all work toward ties of our partners and allies to strong, diverse, inclusive force and
ensuring our military has the right counter these threats. that force cohesion requires a com-
tools and capabilities to combat Future investments under PDI mand climate that does not tolerate
threats around the globe and keep should focus on military and non- extremism or sexual assault mis-
Americans safe. military infrastructure in the Indo-Pa- conduct or racism; and that quality
First, I would like to acknowledge cific region. This will assist in distrib- healthcare is a fundamental necessity
Ranking Member INHOFE, whose leader- uted military operations, and it will be for servicemembers and their families.
ship on this committee and this body more effective in countering predatory Importantly, this NDAA includes the
has been invaluable. His commitment Chinese infrastructure development funding necessary to support a 2.7 per-
to our men and women in uniform is practices. cent pay raise for both military serv-
unwavering, and he was instrumental The bill also requires the Secretary icemembers and the DOD civilian
in helping to produce this bipartisan of Defense to provide recurring brief- workforce. We have also included a
legislation. ings on efforts to deter Chinese aggres- provision that would amend the Mili-
As we debate the NDAA, we must sion and military coercion. It compels tary Selective Service Act to require
keep in mind that the United States is a briefing on the advisability and feasi- the registration of women for Selective
engaged in a strategic competition bility of increasing United States de- Service. I am proud of this position,
with China and Russia. These near-peer fense cooperation with Taiwan. It is which passed the Armed Services Com-
ctelli on DSK11ZRN23PROD with SENATE
rivals do not accept U.S. global leader- important we help Taiwan improve its mittee on a broad bipartisan basis.
ship or the international norms that overall readiness and acquire asym- Society, the military, and the nature
have helped keep the peace for the bet- metric capabilities most likely to of warfare itself have evolved signifi-
ter part of a century. make the Chinese Government ques- cantly since the 1948 Military Selective
This strategic competition is likely tion their ability to take the island by Service Act passed. Back then, women
to intensify due to shifts in the mili- force. were denied the opportunity to serve in
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S8412 CONGRESSIONAL RECORD — SENATE November 18, 2021
combat roles and key leadership posi- This bill makes significant efforts to attack reconnaissance aircraft, in-
tions, and entire technologies and plat- improve the readiness of the Navy and creased funding for the future tactical
forms didn’t even exist. Marine Corps aircraft, ships, and weap- unmanned aircraft system, and author-
Today, all military occupations, in- ons systems. It provides considerable izes full funding for the AH–64 Apache
cluding combat roles, are open to investments in our next-generation attack helicopters and the UH–60 Black
women, and military success depends Arleigh Burke-class destroyers, includ- Hawk utility helicopters.
heavily on servicemembers with ad- ing an increase of $1.7 billion to restore We are at a critical junction in a
vanced education and technical skills a second guided missile destroyer to technological race with our near-peer
in STEM, cyber, medicine, languages, this year’s budget and $125 million for competitors. We have enjoyed a tech-
and more. long lead material for our destroyer in nological lead over the last many dec-
To be clear, I am hopeful that we will fiscal year 2023. ades. That lead is shrinking, and we
never have to draft again. If we do, The bill authorizes $4.8 billion for the have to not only develop the best of
however, it will be under cir- Columbia-class submarine program and new technologies; we have to get them
cumstances so dire and existential that for industrial-based development and in the hands of our troops as quickly as
to voluntarily choose to enter the fight expansion in support of the Virginia possible. And that is what we are try-
with anything less than our very best and Columbia shipbuilding programs, ing to do in this legislation.
would be supremely foolish and poten- an increase of $130 million. Again, the issue is deterrence first,
tially fatal. If we are going to have a I was up at Quonset Point, RI, re- and what will help deter any conflict
Selective Service System, women must cently, where all submarines start will be the realization of our adver-
be a part of it. Basic equality and mili- their construction. Along with the saries that they are going up against
tary readiness demand parity between Deputy Secretary of Defense, Secretary the most sophisticated, technologically
the sexes to protect our country and Hicks, we saw the progress that we are capable military in the world, manned
uphold our values. In the meantime, it making to build two Virginia-class sub- by the most dedicated and skillful
is time to end outdated sex discrimina- marines a year and turning out the women and men in the world. That is
tion and remove it from official policy first Columbia-class ballistic missile what we are hoping to encourage.
and Federal law. ship to replace the Ohio class. Likewise, with respect to the Army,
The bill also creates a new category We are moving forward. And, frankly, the bill supports the modernization of
of bereavement leave for military per- many believe—as I do—that undersea its ground combat vehicles, including
sonnel that would permit servicemem- strength is the best form of deterrence the M1 Abrams tanks, Bradley Fight-
bers to take up to 2 weeks of leave in that we have. And as we deploy more ing Vehicles, Paladin self-propelled
connection with the death of a spouse submarines, we will have a greater howitzer, tactical-type vehicles.
Having the platforms and the per-
or a child. Similarly, in an effort to ability to deter potential conflict.
sonnel is critical, but they have got to
provide greater care and support to our This bill also increases the Landing
be ready to go, and we have taken
military men and women, it increases Helicopter Assault replacement fund-
great pride in trying to improve the
parental leave to 12 weeks for all serv- ing by $350 million and the Expedi-
readiness of our forces.
icemembers for the birth, adoption, or tionary Fast Transport vessel program This NDAA authorizes more than $2.8
foster care placement of a child. It es- by $270 million. billion for additional military con-
tablishes a basic needs allowance to en- Growing our surface and undersea struction projects after funding other
sure that all servicemembers can meet warfare capabilities will be vital to our large projects in the budget request.
the basic needs of their families, and it success in the Indo-Pacific region, and This bill also includes a number of pro-
requires parity and special and incen- this NDAA makes important progress visions that will help acquisition out-
tive pays for members of the Reserve in this area. It is consistent with our comes by strengthening the ability of
and the active components. defense strategy of shifting our focus DOD to analyze the defense industrial
In addition, I am proud that this bill to the Pacific, which requires a shift of base, evaluate acquisition programs,
makes historic changes to the military resources to the Navy and Marine and implement acquisition reform ef-
justice system to combat and discour- Corps. forts.
age sexual assault and related mis- Similarly, the bill authorizes funding It also streamlines processes to allow
conduct within the military. Sexual as- to strengthen naval aviation, including the Pentagon to invest in and incor-
sault is an unconscionable crime and a five additional F–35 fighter variants, porate advanced commercial tech-
pervasive problem in the U.S. military one additional E–2D Hawkeye aircraft, nologies to support defense missions
and American society writ large. two additional C–130J Hercules air- and strengthen DOD small business
When it comes to the military, one of craft, an additional KC–130J tanker, programs to allow partnerships with
the basic ethics is that one must pro- two additional CH–53K helicopters, and innovative, high-tech companies.
tect your comrades and your subordi- two MQ–4C Triton unmanned aerial From post-World War II until very
nates; one cannot exploit them. Sexual systems. recently, we were really in an indus-
assault and sexual harassment is an ex- Now, with respect to the Air Force, trial age, and the United States led the
ample of unconscionable exploitation, the bill increases authorization funding world. We have now moved to a post-in-
and it must be eliminated. We must by providing an additional F–35A fight- dustrial age where the new tech-
take comprehensive action to halt sex- er, five additional F–15 fighters, and ex- nologies, the new innovations aren’t
ual misconduct, hold offenders ac- tensions on the minimal capacity of coming out of government labs or the
countable, and support survivors. several Air Force platforms. Bell Labs; they are coming out of small
While the military has tried to stop With respect to the Army, I am business; they are coming out of young
sexual assault in the ranks, it simply pleased that the bill advances research people who have come up with great
hasn’t been enough. and development in important future ideas.
I commend President Biden, the De- technologies and makes broad invest- And what we want to do and what we
partment of Defense, and the Inde- ments in generational Army mod- want to empower the Department of
pendent Review Commission for their ernization efforts and continues to up- Defense to do is to be able to get those
work on proposals, which we have con- grade significant enduring capabilities. ideas, develop them, and incorporate
sidered during our markup and which Our bill focuses on filling critical de- them rapidly into our military forces.
are reflected in the bill. We will con- ficiencies and increasing investments That means we have to develop part-
tinue to work with the administration in rapidly evolving demands. Further, nerships with small business and think
and the House to move toward enacting it funds rapid development and fielding in a different way. We have to think
ctelli on DSK11ZRN23PROD with SENATE
this momentous change. of land-based, long-range fires, includ- about a more entrepreneurial acquisi-
Turning now to the areas of air, land, ing the precision strike missile, me- tion system rather than ‘‘this is the
and sea power, with respect to our dium-range capability, and long-range way we have always done it and are
services, we have taken steps to im- hypersonic weapons. going to keep doing it.’’
prove their capabilities, their readi- It also provides funding for future We also have another area that we
ness, and their ability to fight and win. long-range assault aircraft and future have to pay attention to, and that is
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November 18, 2021 CONGRESSIONAL RECORD — SENATE S8413
the area of the modernization of our ing capacity in theater and homeland Now, we have understood over the
nuclear triad. I recognize the concerns missile defense; and strengthening non- last several years that what is causing
voiced by some of my colleagues about proliferation programs. a great deal of destruction in this
the cost of, and genuine disagreements We have—particularly our land-based world in every aspect is technology, in-
about, our Nation’s nuclear policy. missile systems—installations that cluding cyber space activities. And we,
From my perspective, nuclear deter- were built in the 1960s. They are rough- again, are trying to hone and invig-
rence is the bedrock of our national de- ly 60 years old. They are showing wear orate our technological innovation in
fense. For our nuclear deterrent to be and tear. And the delivery vehicles are this area.
credible and to ensure these weapons also old. That is part of our moderniza- Innovation has long given us the
never need to be used, they must be ca- tion program. The Columbia class is strongest economy and military in the
pable and ready for use. the first of our new ballistic missile world. But it must be nurtured and
The deterrence that we have enjoyed submarines. We have to replace the maintained through careful invest-
for many, many decades has been Ohio class because, frankly, that fleet ments and strong leadership in both
gained by the acknowledgement by all will literally wear out. They won’t be the public and private sectors.
other nuclear powers that we are more capable to go to sea at some point in I believe we have an advantage be-
than capable to respond. Our allies and the future. And that is why we are be- cause we have such a great educational
partners depend on the U.S. nuclear ginning right now. We are also looking system, a great entrepreneurial sys-
umbrella. That is one of the reasons at a new, sophisticated armor that will tem, the creativity and talent of the
why the proliferation which President complement the other two legs of the American people, but we have to focus
Kennedy thought would be almost uni- triad. on needs for our military and national
versal has not developed. And mod- And because this involves the De- priorities.
ernization of our strategic forces is partment of Energy and the National And our top priority for Congress
necessary to ensure their depend- Nuclear Security Administration, we must be maintaining strong invest-
ability. authorized $20 billion for this effort. ments in technology areas that we
One thing I think everyone agrees on, We have funded the Department of En- know will shape future conflicts. This
and I think often gets lost in the dis- ergy’s other defense activities at $920 year’s NDAA includes multiple provi-
cussion, is another factor: arms control million and its nuclear energy activi- sions to accelerate the modernization
and modernization of our nuclear ties at $149.8 million. This is all part of of the Department of Defense by in-
forces are inherently linked together. having an effective deterrence. vesting in research and development of
We must reinvigorate our efforts on Now, as we have seen, our adversaries cutting-edge technologies and deliv-
arms control so that we do not have a are developing other capabilities at an ering them in a timely manner to the
situation where the proliferation issue alarming rate. With regard to force. Specifically, it authorizes an in-
becomes more obvious and more dan- hypersonics, it is especially clear that crease of more than $1 billion for
gerous. So even as we modernize, we China is working to develop capabili- science and technology programs that
should seek ways to promote strategic ties that evade current missile defense fund cutting-edge research and proto-
stability, like the extension of the New capabilities possessed by the United typing activities at universities, small
START agreement and follow-on talks States and our allies. To address these businesses, defense labs, and industry,
to cover new strategic weapons and threats, the bill authorizes the Missile including in critical areas such as arti-
further reduce nuclear stockpiles. The Defense Agency to develop a highly re- ficial intelligence, microelectronics,
best way to reduce nuclear weapons is liable missile defense interceptor for advanced materials, 5G, and bio-
through negotiated mutual arms reduc- the Ground-Based Midcourse Defense technology.
tions rather than unilateral actions. System. It also authorizes the procure- The bill also authorizes an increase
That has been the history of the Cold ment of the Iron Dome short-range of more than $500 million in funding for
War, which with the Soviets and the rocket defense system, David’s Sling DARPA, the Defense Advanced
United States we were able, with every Weapon System, and Arrow 3 Upper Projects Agency. DARPA has been con-
Presidency, to come up with some type Tier Interceptor Program to support ducting high-risk, high-payoff research
of agreement. Unfortunately, we took, our closest ally in the Middle East, for years, including such areas as quan-
I think, a less aggressive posture in the Israel. tum computing and assisting with uni-
last administration, but we have to There was a barrage emanating from versities to accelerate their research.
renew significantly our arms control Israel’s neighbors of approximately Importantly, the implements a number
efforts and make them clear that it is 4,500 missiles over the last year. And of recommendations from the National
mutual interest of Russia but also Iron Dome, which was created by the Security Commission on Artificial In-
China because China is a growing nu- Israeli Government, knocked down a telligence, which the Armed Services
clear power with a very deliberate plan significant number of those missiles Committee established in a previous
to increase significantly their nuclear protecting the State of Israel. So this NDAA. The $500 million of funding for
arsenals. is not an academic exercise; this is sup- DARPA will be extremely critical to
We have to get a situation where porting a close ally. the future and will produce, I think,
there is at least a trilateral negotia- And it is also clear, as I mentioned some breakthrough technologies that
tion between the United States, China, before, China is expanding its nuclear not only DOD will use but will become
and Russia for our own mutual benefit. weapons stockpile at a faster rate than commercial products for our national
And part of that is also not just look- we have seen from any other nation. It economy.
ing at numbers but looking at the safe- appears that China is seeking to at And recognizing, again, the competi-
guards that each country places on the least reach parity with the United tion between the United States and
use of nuclear weapons. States and Russia in its efforts to be- China on certain militarily-relevant
We do not want a situation where come a world-class military. To re- technologies, the bill strengthens the
there is an accidental launch that trig- spond to this and other countries’ pro- language of the CHIPS Act to ensure
gers a catastrophic response. We have liferation efforts, the NDAA authorizes the national network for microelec-
much to do. But I will emphasize again $239.84 million for Cooperative Threat tronics research and development to
that simply rebuilding our triad with- Reduction Programs to stop the pro- support the development of world-lead-
out rebuilding our diplomacy is not the liferation of nuclear, chemical, and bi- ing domestic microelectronics tech-
best path forward. ological threats around the world. nology and manufacturing capabilities.
What we have tried to do in this bill If you take those three aspects—im- Now, I mentioned one of our prob-
ctelli on DSK11ZRN23PROD with SENATE
is to enhance deterrence through a proving our military capability, invig- lems is that we are moving from an in-
number of factors, including recapital- orating our diplomacy, and actively dustrial age, in which we were the
izing the nuclear triad; ensuring the using Cooperative Threat Reduction— dominant power in every dimension, to
safety and security and reliability of to lower the ability and capability of a new post-industrial age, where tech-
our nuclear stockpile, our delivery sys- those that have nuclear weapons, that nological innovation has been distrib-
tems, and our infrastructure; increas- is the best path ahead. uted. Other countries, because of the
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S8414 CONGRESSIONAL RECORD — SENATE November 18, 2021
nature of cyber and other technologies, Pentagon management by leveraging States, only to discover that critical
are beginning to catch up with it and, best practices and expertise from com- components came from elsewhere and
in some cases, pass us. Often, and espe- mercial industry, public administra- sometimes countries that were not par-
cially in the Department of Defense, tion, and business schools. ticularly friendly to us. So we have to
one of our problems has been procure- I am confident these steps will allow look seriously at our supply chain.
ment and acquisition practices. The us to leverage the best of American in- Finally, while I spent most of my
Department’s approach has been con- genuity and market talent that drives time speaking about future challenges
voluted, poorly communicated, and innovation. At the end of the day, we and how we prepare the Department of
burdened with inertia that makes should think about management as a Defense to face them, we cannot lose
partnering with private industry far defense capability like any other. We sight of the events surrounding our
too difficult. As America confronts hope we are opening up a new day of withdrawal from Afghanistan.
threats around the globe that are more efficient and sophisticated man- After nearly 20 years of war, enor-
evolving at unprecedented speeds, we agement, more integrated communica- mous sacrifice by American and coali-
must find a better way to identify our tion, and doing it in a way that will tion military, diplomatic, and intel-
defense needs, communicate them, and produce results that will get the best ligence personnel and vast U.S. invest-
deliver them in a timely manner. technology into the hands of our fight- ment, the Afghan state has failed, and
There are several areas that, if trans- ing men and women. the Taliban has taken control.
formed, could allow DOD to more effec- One factor that we all are aware of The Armed Services Committee has
tively do this. The fiscal year 2022 every day is the challenge of cyber se- undertaken a series of hearings seeking
NDAA makes important progress by es- curity. The cyber domain impacts ev- to understand the collapse of the Af-
tablishing an independent commission erything we do, so there is absolutely ghan National Defense and Security
to review and assess the planning, pro- no surprise that it has impacted the Forces. While there is temptation to
gramming, budgeting, and execution— Defense Department and its industrial close the book on Afghanistan and sim-
or PPBE—process and identify areas base. We need to ensure that our indus- ply move on to long-term strategic
for reform. trial base has improved cyber security, competition with China and Russia, we
The PPBE process has, for many dec- that they are not the back door must learn the lessons of the last two
ades, since the 1960s, given DOD leaders through which our adversaries will use decades to ensure that our future coun-
a way to evaluate the resources they to enter and gain access to even more terterrorism efforts in Afghanistan or
need and to deliver them to the troops. critical elements of our national secu- anyplace else continue to hold violent
However, as I mention consistently, it rity. As the recent SolarWinds, Micro- extremists at bay.
is a bit of a relic of the industrial age. soft Exchange Server, and Colonial The top-line defense number in this
It came in 1961 under Secretary of Pipeline breaches painfully illustrated, bill, together with the allocations set
Defense Robert McNamara, the former traditional ‘‘perimeter-based’’ cyber by Chairman LEAHY for defense and
chief executive of the Ford Company. defenses are simply inadequate to deal nondefense funding across the 12 appro-
And at that time, it was the most so- with sophisticated threats. Our adver- priations bills, provides a realistic bal-
phisticated way to manage resources saries are clearly advantaged in cyber ance for funding the military and the
and do research, but that was the domain and are likely to succeed in rest of the Federal Government.
height of the industrial age. penetrating static defenses. Therefore, Once we have completed work on this
We are now in a situation much dif- this NDAA requires the development of important authorization bill, we need
ferent. So we need to modernize the a joint ‘‘zero trust’’ cyber security to complete the appropriations process.
procurement system and the acquisi- strategy and a model architecture for It would be a tremendous mistake and
tion system that we have in place. We the Department of Defense information harmful for our national security, our
have to make it more rapid, more network. It also authorizes an increase economic prosperity, and our public
agile, more capable of absorbing new of $268.4 million across DOD to support health to resort to a continuing resolu-
products and getting them into the cyber security efforts. tion to fund the government for an ex-
hands of the troops. We all recognize that cyber is a per- tensive period.
So in addition to establishing this sistent threat to everything we do. As I have calculated, roughly, that if we
independent review commission, the one very thoughtful gentleman said go into a yearlong continuing resolu-
NDAA requires the DOD Comptroller, years ago at a function I was at, tion, the Department of Defense will
along with the DOD’s Chief Informa- ‘‘Breakthrough technology like cyber lose $36 billion, and the consequences
tion Officer and the Chief Data Officer, has two effects. It makes good things of that would be staggering, particu-
to submit a plan to consolidate the IT better and bad things worse.’’ And that larly at this moment where we face
systems used to manage data and sup- is exactly what we are witnessing challenges across the globe.
port the PPBE process. every day. So we have to exploit the We have near-peer competition with
One of the things we have discovered good things and get them into our sys- Russia and China, dangerous develop-
is there is no really integrated data tem and be much more vigilant at pro- ments in East Africa, and situations
plan in the Department of Defense—the tecting us from the bad things. across the board where we need to be
largest Federal entity. There are mul- Similarly, as the COVID crisis has ready to go looking at the threats, not
tiple different brands of software sys- made clear, we need a coordinated in- looking internally at how we are going
tems, different brand of hardware. dustrial policy to ensure that we have to pay to keep the lights on.
Some can talk to others, some can’t. a robust, secure, and reliable tech- Again, to avoid this self-inflicted
There is no successful company today nology and industrial base, especially damage, we have to pass a budget, as
that has such a, shall we say, slightly in critical and emerging technology. well as this authorization bill.
immature information processing sys- We need to give the DOD the tools Let me conclude by once again
tem, and we have got to change it. and expertise to understand its supply thanking Ranking Member INHOFE and
Similarly, management trans- chain and its physical security chal- my colleagues on the committee for
formation is badly needed with the De- lenges, its financial challenges, and in- working thoughtfully on a bipartisan
partment. As I said, it is one of the fluence from commercial market basis to develop this important piece of
largest bureaucracies in the world, and trends. To that end, this bill directs legislation.
the Government Accountability Office the Comptroller General to conduct a I would also like to thank the staff
has put the Pentagon’s approach to comprehensive assessment of research, who worked tirelessly on this bill
business management on its high-risk development, test, and evaluation au- throughout the year—and tirelessly is
ctelli on DSK11ZRN23PROD with SENATE
list, citing its vulnerability to waste, thorities and other similar authorities an understatement. While we were
fraud, and abuse, inability to pass a fi- and brief Congress on its findings. leaving after our last vote, they were
nancial audit, and a culture that re- The pandemic has shown many inter- staying hours later to get this bill in
mains resistant to change. To spur esting things. Many companies and shape to pass and then to begin our
transformation, this NDAA requires suppliers to our defense thought their dialogue with the House. It is the staff
the Secretary of Defense to improve products were coming from the United of both sides. I salute my Republican
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November 18, 2021 CONGRESSIONAL RECORD — SENATE S8415
colleagues’ staffers and my staffers for cerned: We are seeing even military Yes, that is significant, and you have
their job. ambulances. Why would Putin be put- heard me say this before—the Chinese
I look forward to a thoughtful debate ting in military ambulances if he was Communist Party has been investing
on the issues as we go forward. not expecting casualties? The answer heavily in modernizing its military.
I yield the floor. is, he wouldn’t. So we have an idea Over the last two decades, their mili-
I suggest the absence of a quorum. what is going to happen. tary spending has gone up 450 percent—
The PRESIDING OFFICER (Mr. In addition to this equipment, the ex- just in the last two decades. Now, we
SCHATZ). The clerk will call the roll. perts are reporting that 90,000 Russian are not doing that over here.
The bill clerk proceeded to call the combat troops are amassed along You know, I have to say—and every-
roll. Ukraine’s border. These troops are in a one realizes this—these communist
Mr. INHOFE. Mr. President, I ask more threatening posture than they countries have a great advantage. They
unanimous consent that the order for have ever been before. They are in the can move and move quickly, and they
the quorum call be rescinded. south and in the north. They are don’t seem to have any limitations.
The PRESIDING OFFICER. Without knocking on the door of Kyiv. All that Now, we are seeing the results of that
objection, it is so ordered. is going on right now. investment. They have tested
Mr. INHOFE. Mr. President, I ask It might sound crazy that Russia hypersonic missiles that we don’t even
unanimous consent that I be recog- would want to deploy so many forces have anymore. I have to say that
nized for such time as I shall consume. now in November to a region where the again. Hypersonic missiles are some-
The PRESIDING OFFICER. Without winters are brutally cold, but there is thing they have and they are using.
objection, it is so ordered. something not many people really They have tested. We have seen it. We
Mr. INHOFE. First of all, this is a big think about; that is, frozen ground is don’t even have it, and we don’t have
deal, what we are embarking on now. It easier to move around heavy equip- any counter to that. They are leap-
is something that—people understand ment like tanks and artillery. frogging us in other critical areas, like
it is the most important thing we do I am not the only one who is sound- artificial intelligence, and they are
around here. ing the alarm on this. Earlier this rapidly expanding their nuclear arsenal
Let me just say that my partner year, Senator ROUNDS and Congress- and infrastructure.
JACK REED and I have been doing this a man TRENT KELLY and I visited Roma- These investments in military capa-
long time. I have often said how fortu- nia, which, like Ukraine, sits on the bility are done with real purpose. They
nate I am. You know, we hear all year frontlines of Russian aggression. At are a threat to Taiwan and other allies
out there in the real world about how that time, Romanian military officials in the Indo-Pacific. Ambassador Bi-
everybody hates everybody in Wash- warned us that Russia was moving khim Hsiao was in my office this morn-
ington; we want to compete with each from a defensive to an offensive pos- ing—Ambassador from Taiwan—and we
other. But, you know, every year when ture in the Black Sea. We are seeing were looking at things that are going
we do the NDAA—that means the Na- that now. Everything we have pre- on there, just like we are looking at
tional Defense Authorization Act—it is dicted is happening now, and that as- from the Russian area.
the biggest and the most important bill sessment of the shift was actually But the threat China poses to our
of the year. Even though people think right. own interests can’t be overstated or
it is all happening inside this 2- or 3- Putin is capitalizing on what he per- underestimated.
day period, it is not. It is something ceives as U.S. weakness. He knows that Meanwhile, North Korea—so it is not
that goes on all year long, and we have our NATO allies are disturbed by the just those two countries. North Korea
gotten to know each other very well. catastrophe in Afghanistan and that is out there. Iran is out there. They are
We know there are some areas where many of the European nations fear also continuing their threatening be-
we have differences, but very rarely do that the United States is no longer in- havior. North Korea is conducting mis-
we have differences that would impair terested in trans-Atlantic security. sile tests of its own, and Iran continues
our mission, and our mission is the The President shouldn’t have done to back proxies striking at U.S. troops
most important mission that we have what he did, and we all—I think most and our interests—most recently, we
year-round. Americans know that. It was a dis- have seen in Syria.
So I appreciate very much Chairman aster, the way he put this thing to- The terrorist threat in Afghanistan
REED, what he has been doing along gether in Afghanistan, and now we is also resurging thanks to the disas-
with me, what we have done together. know where we are on this. It is tempt- trous drawdown that continues to un-
The NDAA has a long history of bipar- ing to say that we have seen this be- dermine U.S. credibility. We know that
tisanship, and Senator REED and I have fore, but I don’t think we have just like ISIS-K and al-Qaida have the desire
worked together to get this bill this. and intent to strike our homeland.
through the committee with an over- So this is about Americans, NATO, This is something that a lot of people
whelming, bipartisan, 23-to-3 vote to the credibility and the capability, and don’t understand. A lot of people don’t
bring it to the floor. That is where we that is why the NDAA is so important believe the threat that is out there.
are today. That is something you don’t every year but especially this year. Now we know when they will be able to
hear about in Washington, that you But, first, let’s be frank: Russia is far strike us, and it is closer than you
can pass something out of a committee from our only threat. In 2008—this is a think. As soon as 6 months from now,
by a vote of 23 to 3, but we did, and we document that a lot of people have the Senate Armed Services Committee
did it because this is a bill that is done looked at and thought, why didn’t we was told just last month this could
by the Members. do this before? This was back, I think, happen.
The world is getting more dangerous in—what was it? About 5 years ago, it So I don’t say this to be dramatic.
by the day. We know that is the case. was put together. We had what we con- This is a reality, plain and simple. The
One notable example is what is hap- sidered to be the top six Democrats and world is more dangerous than it has
pening now at the Ukraine border. Just the top six Republicans on defense, and ever been in my lifetime—by the way,
weeks after conducting its largest mili- they put this book together. It is a people have reminded me over and over
tary exercise in 40 years, Russia came very brief book, but we have been—this again yesterday and today, since it was
dancing in, advancing a huge military has been our Bible. We have been doing my birthday, how long that lifetime
buildup on the border. In fact, the De- this now for a long time, and the has been—and we have seen a lot, but
fense Minister from Ukraine was in my things that we were predicting at that we haven’t seen anything like this be-
office this morning and was talking time are actually becoming a reality. fore.
ctelli on DSK11ZRN23PROD with SENATE
about all the things that are going on It tells us for the first time—and this National security needs to be the top
there. is significant. People don’t understand priority. Without a strong military de-
According to the image that we have this. For the first time, we have two fending our way of life, nothing else
by satellite, we are seeing tanks, we major adversaries at the same time. matters. We can talk about other
are seeing missiles, and we are seeing This hasn’t happened before. And, you things, but it doesn’t really matter if
artillery. Here is why I am really con- know, we are talking about Russia. we can’t do that.
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S8416 CONGRESSIONAL RECORD — SENATE November 18, 2021
Since World War II, we have ensured about tomorrow or the next day—and the Javelin anti-tank missiles, on the
peace through the world by projecting going into this long process that in- other hand, remind him that invading
strength. Our military should and must cludes both the House and the Senate. and annexing Kyiv will have real and
serve as a strong deterrent to our ad- So let’s start with one of the biggest concrete costs.
versaries, and they have to know that ways to strengthen our national de- We know Russia and China are ex-
they can’t beat us. Some people are fense: authorizing an additional $25 bil- panding their nuclear arsenals. Our nu-
questioning that, but they have to lion in funding for the Department of clear stockpile serves as the corner-
know that they can’t beat us, and we Defense. This is just a floor for defense stone for our deterrent, so we have to
have to show them that they can’t. Yet spending. keep it safe, secure, and effective. That
we are fully aware that they have Now, it is important that we under- is why the NDAA supports the nuclear
things we don’t have. They have tech- stand this President has not been a modernization our military com-
nology we don’t have. This is some- good President in terms of building the manders say is their top priority.
thing we haven’t dealt with before. national defense. He just isn’t. You It provides support for our allies and
President Biden’s inadequate defense know, his budget request shortchanged partners around the world. Unfortu-
budget request, the irresponsible draw- our national defense. In fact, if you put nately, our allies and partners are
down in Afghanistan—something he his budget numbers in terms of defense questioning our commitment right now
shouldn’t have done; the administra- and nondefense, the amount that goes after what happened in Afghanistan,
tion should not have done—and the to nondefense averages about a 16-per- and they are feeling like they were
lack of commitment to shared nuclear cent increase, and the amount that being told and not consulted. They
security are calling that into question. goes to defense is a 1.6-percent in- didn’t even know—that withdrawal
It is evidence that we aren’t crease. Now, that is the President’s that should not have taken place but
prioritizing national defense, and we budget. It is not my budget. It is not did take place in Afghanistan is one
already have seen what happens when our budget. It hasn’t passed, but none- that they were not even aware of.
we don’t prioritize national defense. We theless, that gives you an idea of where It provides the reassurance of Amer-
see upticks in destabilizing, threat- we are right now. The emphasis is not ican credibility that they desperately
ening behavior—exactly what Putin is on defense. It should be, and it is not. need to rebuild and cement those rela-
doing right now. Just imagine what President Biden’s budget request tionships. With strong allies and part-
would happen if Putin and Xi thought shortchanged the national defense. It ners around the world, we will ensure
they stood a chance to beat us if we didn’t even keep pace with out-of-con- the balance of power in our favor, but
didn’t turn things around, and that trol inflation. Inflation right now—the we are not there yet.
could happen. figure is above the 1.6 percent, and that When it comes to hard power, this
It is a reality today that people don’t is where we are today. It actually cut bill makes serious investments in
understand and should understand. funding for our military even as we equipment we need to fight and win
Americans take for granted the idea face the growing threats that I men- wars now—growing our naval fleet, ex-
that our military is the best. You tioned. And we are talking about the— panding next-generation fighter capa-
know, when I go back to not just my compared to the inflation thing that is bility, and providing for the largest in-
State of Oklahoma but all around the happening right now. So I am glad the vestment in military construction in a
country, people assume that. Armed Services Committee almost decade.
You know, I am old enough to re- unanimously adopted my amendment It looks to the future too. We know
member what was happening at the tail to increase the Department of De- that we need to accelerate innovation
end of World War II. We learned a les- fense’s budget top line. This is the bare and develop the technology that is
son. We learned to be prepared, and for minimum of what we need to meet the going to help defeat whatever our en-
a long period of time, we had the best threats that we face. This is what un- emies might throw our way. Yet, in
of everything. We had the best modern derscores everything we do. many of these emerging technologies,
equipment, all of this, and that isn’t The bill also makes sure this money we risk falling behind. In some cases,
the case today. Americans take for is spent the right way. As we have for we already have fallen behind. It is
granted that we have the best of every- the past few years, we are using the kind of hard for us to accept that in
thing, but we don’t. It is just not true 2018 national defense strategy—that is America, as we went through several
anymore. this book I referenced just a minute decades—I think since the Second
Don’t just take my word for it, you ago—as kind of our roadmap, and we World War—not falling behind, but we
know, just take it from me; a couple of are using this for that. have now. So this year’s NDAA invests
weeks ago, our Nation’s No. 2 military The NDAA focuses on the Indo-Pa- in defense technology that would put
adviser, General Hyten—no one dis- cific, which is our priority theater, by us back ahead of our competitors. That
agreed—I don’t know of anyone who emphasizing investment in the region is our goal. Things like microelec-
would actually argue with General through the Pacific Deterrence Initia- tronics, artificial intelligence,
Hyten. He was explaining how China is tive, the PDI, which we started in last hypersonic weapons, 5G—these are the
on pace to surpass us if we don’t do year’s bill. areas that we are working on to get
something to change what is going on The way this works is we are—it is back in the driver’s seat. We have fall-
today. That is General Hyten. I don’t continuing as time goes by. We have a en behind. It is hard to say that, that
know a more knowledgeable person bill, and the bill is activated, usually America is falling behind.
anywhere in America or elsewhere. in December, but then we are already You know, General Hyten said re-
We can meet these challenges. We into the next year. So while this cently something that I really think is
can put our country back on the right seems—people say: You are only talk- important for everyone to hear. He said
track. That is going to take real in- ing about one bill a year. It doesn’t that we must ‘‘focus on speed and re-
vestment and real strategy. Congress really work out that way. inserting speed back in the process of
has a very important role to play here. It strengthens our supply chain so we the Pentagon . . . and that means tak-
We pass the National Defense Author- are not reliant upon China, but we are ing risk, and that means learning from
ization Act and Defense appropriations doing that right now. It addresses the failures, and that means failing fast
each year, and every year, we give our threats posed from information war- and moving fast.’’
military what it needs to set this thing fare, and it deters the foreign malign I have to say that General Hyten is
right. influence. It also stands strong against certainly one of the greatest warriors
Now, I am proud to say that this Russia. of our time. We should be listening to
ctelli on DSK11ZRN23PROD with SENATE
year’s NDAA goes a long ways to mak- Perhaps most importantly, it pro- him.
ing our country more secure. I am not vides critical lethal aid to Ukraine, and We have serious problems. We have
saying it is perfect, but it is very good we know that these things are working. to get policies and authorities in place
and a necessary start. And that is what While radios and cold-weather gear are to let the Pentagon move quickly and,
this is all about now. It is what we are needed, they won’t deter Putin’s strat- as General Hyten put it, ‘‘fail fast.’’ As
going to be passing—I am talking egy and his ambitions. Weapons like he retires this week, I think it is clear
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November 18, 2021 CONGRESSIONAL RECORD — SENATE S8417
why he is a national hero. He knows these decisions ourselves. That is not face, and we have little time to waste
what is going on. what we are supposed to be doing. That in doing this.
Now, too much is hampered by bu- is not what we want to do. But that is So this is the most significant bill of
reaucracy at the Pentagon. The NDAA why the NDAA has been enacted into the year. That is what we are going to
encourages the Pentagon to move fast- law every year for 60 years. do. We are going to get it done. And
er, to take risks, and to jumpstart the We built this bill around Member re- let’s go do it right, OK?
innovation that we need to succeed, quests. This is unique. This is some- I yield the floor.
but we have to realize the impact. thing people need to understand. We The PRESIDING OFFICER. The Sen-
This is really the most important are getting our requests from the Mem- ator from Montana.
thing this bill does. We take care of our bers that are serving with us here in Mr. TESTER. Mr. President, I am
troops. People talk all the time about the Senate. We are going to have an pleased that the Senate has taken up
how much we spend on military. I hear open amendment process. We are going the National Defense Authorization
a lot of people around who don’t think to have an open amendment process, Act.
we need a strong military. A lot of and this is what we have committed There is a 60-year tradition in this
them talk about why we spend more on ourselves to do, to make sure we are body of getting this bill done because
our military than Russia and China put doing. So you will get another chance the importance of this bill transcends
together. to mark up this bill. partisanship. In fact, 81 Senators of
Yes, that is true; but we have costs So what we are doing right now is both parties joined forces earlier this
that others don’t have. Communist very important. You got to keep in year to override a senseless veto of this
countries don’t have the cost of taking mind, it is going to be done by the important bill by the former President.
care of their people. In fact, the most House; it is going to be done by the Now, while both sides of the aisle can
important thing we do is take care of Senate. It is going to be something work cooperatively to get this defense
our troops. Even though China and that is the most significant thing that policy done, we are now seeing unprec-
Russia are building up and modernizing is happening this year. But we could edented—unprecedented—obstruction
their militaries, they don’t take care of never work too hard or too long for our by the minority party for passing a
their people—they don’t claim to take troops and national defense. budget that will fund the programs
care of their people—and we do. The I know some of my colleagues are that our military and our veterans
most expensive thing we do in our mili- concerned about one provision we’ve need.
tary is to take care of our military. We got—that we have in this bill at this Now, look, if Republicans succeed in
take care of the schools and the people time, which was added in markup and this obstruction, I am going to tell you
who are out there taking the risk. included in the House bill too. Now, I that the government will be forced to
This bill takes care of our troops in oppose the addition of this provision, go to a full-year continuing resolution.
so many ways. It improves their which changes the military draft— That is not workable. The result will
healthcare. It provides education and what the military draft does. And I be frozen spending levels for the De-
childcare for their children, and makes want you to hear this because, if en- partment of Defense and for the De-
sure their spouses can have meaningful acted, it would expand the draft so that partment of Veterans Affairs, which
employment as they move from area to it is not just about finding combat re- amounts to a $70 billion cut in spend-
area. It is a unique problem that our placements to serve on the frontlines; ing for those two Agencies alone, com-
spouses do have, as they are moving it also requires women to register for pared to the appropriations bills pre-
around the country. the Selective Service, not just men. pared in the U.S. Senate.
And so, again, we are competing with I’ve always said, as a product of the I serve as chairman of the Senate
China and Russia and other countries, draft myself, I know what the draft is. Veterans’ Affairs Committee, and let
and none of them have this problem. I was there and I served. I have always me tell you what is at stake for Amer-
This is the greatest expense that we do. said that I understand that and I think ica’s veterans and their families. Fund-
Our servicemembers represent the very the draft is essential. It changed my ing will be blocked for priorities like
best in the country. If they do have to life, certainly. But I am strongly op- expanding veterans’ access to life-
go into harm’s way, it is our responsi- posed to drafting our daughters and our saving mental healthcare services, en-
bility that they are the best prepared, granddaughters. So this is going to be hancing women veterans’ healthcare,
best equipped, and the best led forces coming up. We are going to be talking providing housing assistance, and expe-
in the battlefield, and the bill does about this. Everything is going to be diting the delivery of benefits and care
that. out in the open. Get ready for that for those suffering from toxic exposure.
But we don’t want them to go to war. fight, because that fight is coming, Let me say this again.
We want to prevent those wars from OK? If we go to a 1-year continuing reso-
happening. As I said earlier, the best That is why I submitted an amend- lution, that means we go off of last
way we do that is by projecting ment to strike this provision from the year’s budget, last year’s spending bill.
strength, sending a message to our ad- underlying bill, and I will work to get We will block priorities like expanding
versaries that there is no chance that it out of any conference report as well, access to mental health services for
they can beat us. OK? our veterans. We will block services for
The NDAA is the major way that we Last week, we marked Veterans Day, expanding women veterans’ healthcare.
send that message. And that is why the and that should be a reminder to all of We will block services for housing as-
NDAA—the National Defense Author- us why we do this. In fact, we have got sistance and for expediting what is one
ization Act, the most significant bill of 2.2 million reasons to do this—2.2 mil- of the most serious issues coming out
the year—has been enacted into law lion future veterans—our volunteer of the conflict of 20 years in the Middle
every year for the past 60 years. This force, who put their lives in harm’s East, and that is care for those that are
will be the 61st year. way and who rely on this bill getting suffering from toxic exposure.
So we are going to get it passed, but done. And that doesn’t even include The bottom line is this would keep
it almost never comes up this late in their families, who are sacrificing so the VA from properly addressing a
the year. This is the disadvantage we much. So that’s out there, we know, whole host of issues on behalf of those
are working from, but it always gets and that is going to happen. who would put their lives on the line
done eventually. We still have a lot of I know my colleagues understand for this country, and they are going to
work left to do after this and not a lot this. I know they understand our re- continue to pay the price for us not
of time to do it. sponsibility to our troops and to the doing our job.
ctelli on DSK11ZRN23PROD with SENATE
You know, we can’t afford late starts. American people. And so I look forward As chairman of the Defense Appro-
If you do late starts, sometimes it ends to our debate on this bill, and then priations Subcommittee, I was able to
up being just down to four people. Both passing it in the traditional, bipartisan draft a bill that provided a $31 billion
my partner and I have been in this sit- way, as we always do; and, together, we increase for defense compared to last
uation where we have been down to are going to fulfill our constitutional year. This military bill is consistent
what they call the big four, making all duty and meet these challenges that we with the spending levels approved by
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S8418 CONGRESSIONAL RECORD — SENATE November 18, 2021
the bill we are working on today. In In 2019, when I began to look at Ste- bility, to see that money is faithfully
fact, in an amendment offered by Sen- fan Halper’s contracting work for the spent according to congressional intent
ator INHOFE, that amendment passed 25 Office of Net Assessment, something and that the laws are faithfully exe-
to 1, which will plus-up this bill. didn’t look right. So I asked the in- cuted.
So why isn’t the defense appropria- spector general to look into it. While the Office of Net Assessment
tions bill flying through this Senate For those who are unaware, Halper was busy wasting taxpayers’ money
just like the NDAA? was a central figure in the debunked and not responding to congressional re-
Well, I will tell you. In September, Russia collusion investigation. And I quests, China built its hypersonic mis-
the Republicans on the Appropriations don’t have to explain the Russia collu- sile program.
Committee announced they would vote sion investigation; everybody in the Are we on top of that program? It has
against all appropriations bills in part U.S. Senate knows something about got something to do with our enemy’s
because Senator INHOFE’s bill doesn’t that and they know what it refers to. capability.
increase defense with enough spending. Halper secretly, at that time, re- As a result of all of these failures,
So the idea here is, just take money corded Trump campaign officials dur- then, like I told you, I introduced my
and throw it at the wall and hope that ing Crossfire Hurricane. amendment to the defense bill on No-
it’s spent right. Halper also received over 1 million vember 4. The amendment would re-
The bottom line is there needs to be taxpayer dollars from the Office of Net quire the Government Accountability
plans and there needs to be planning. Assessment for several research Office to determine how much taxpayer
And I am going to tell you, the last projects. But the question is: Were money this unit actually uses for net
time I checked, the $31 billion increase they really research projects? assessment—the reason they were set
is a pretty good chunk of dough. But the inspector general found some up.
So it is simple. Do we want to fund problems with his contract: Are they doing their job? Are they
the VA? Do we want to fund the mili- The Office of Net Assessment didn’t following the law? Are they spending
tary? Do we want to fund this coun- require Halper to submit evidence that the taxpayers’ money responsibly?
try’s government? he actually talked to the people he I think I have shown, in some in-
Or do we want to go back to last cited in his work, which included Rus- stances, where they have not.
year’s funding? Which, by the way, sian intelligence officers. The amendment would filter out tax-
would be totally inadequate, but it is Secondly, the Office of Net Assess- payer-funded research that has nothing
what some on the other side of the ment couldn’t provide sufficient docu- to do with net assessment. In other
aisle are advocating right now. mentation that Halper conducted all of words, the Office of Net Assessment
Look, guys, we are in a continuing his work in accordance with the law. ought to be doing net assessment, and
resolution right now. It expires on De- Thirdly, the Office of Net Assessment that deals with the capability of the
cember 3. If, in fact, we had a budget didn’t maintain sufficient documents U.S. Government to do the No. 1 re-
deal today, we couldn’t get an omnibus to comply with all of the Federal con- sponsibility of the Federal Govern-
out for nearly 5 weeks. tracting requirements and OMB’s ment: the national defense of the
So what I am saying is this: no more guidelines. American people.
finger pointing, no more changing the The inspector general also found that The second responsibility of this
rules of the game, no more foot drag- these problems weren’t unique to Agency is to determine the capability
ging. Do what the gang of 10 did on the Halper’s contract. This is the inspector of our enemies to do damage to us. In
bipartisan infrastructure package. general speaking up on this. I am re- other words, it is time that we find out
Let’s go into negotiations to get to porting what he said. So these findings how much money the Office of Net As-
yes. Let’s all work together. Let’s not indicate systemic issues within the Of- sessment needs to actually do its job
play irresponsible political games with fice of Net Assessment in the Pen- instead of acting like a slush fund for
our military and with our veterans and tagon. irrelevant or political research
with everybody else who lives in this Moreover, this office has spent tax- projects.
country. payers’ money on research projects Of course, if this happens and the
What are we here for? Are we here to unconnected to net assessments. In taxpayers’ money is spent properly,
advocate for this country? Or are we other words, they are spending money this, in turn, will save the taxpayers,
here to advocate for a political party? and wasting money that doesn’t deal potentially, millions of dollars a year.
I am telling you the appropriations very closely with our national defense. I encourage my colleagues to support
bills should have been done last Sep- Two cases in point: The office funded the amendment.
tember. We should be sitting at the a report titled ‘‘On the Nature of I yield the floor.
table today. I am ready to roll up my Americans as a Warlike People: Work- I suggest the absence of a quorum.
sleeves and help in any way that I pos- shop Report.’’ The PRESIDING OFFICER. The
sibly can to make sure these bills get Now, that report highlighted the clerk will call the roll.
through this body and to the Presi- ‘‘level of American belligerency which The senior assistant legislative clerk
dent’s desk so we can fund our veterans is the result of the persistence of proceeded to call the roll.
and fund the needs that they have, so Scotch-Irish culture in America.’’ Mr. CORNYN. Mr. President, I ask
we can fund our military and deal with That ought to get a lot of your atten- unanimous consent that the order for
the threats that are facing us around tion. What does that have to do with the quorum call be rescinded.
the world. the assessment of the capability of us The PRESIDING OFFICER. Without
It is time, folks. It is time to quit to deliver on the constitutional respon- objection, it is so ordered.
talking, and it is time to start doing. sibility of the Federal Government to THE ECONOMY
I yield the floor. the defense of the American people? Or Mr. CORNYN. Mr. President, families
The PRESIDING OFFICER. The Sen- what does that have to do with our as- back home in Texas are planning their
ator from Iowa. sessing the capability of our enemies? Thanksgiving menus, but they are also
Mr. GRASSLEY. Mr. President, my Yet another report focused on Vladi- bracing for steep grocery bills. Prices
fellow Senators: On November 4 of this mir Putin’s neurological development are up for just about every part of a
year, I introduced an amendment to and potential Asperger’s diagnosis. typical Thanksgiving meal. The cost of
this year’s national defense bill. This Now, I have highlighted these reports a frozen turkey is the highest in his-
amendment focuses on the Office of for the Pentagon, and I have asked for tory. Things like potatoes, butter,
Net Assessment. That office is within records from the Office of Net Assess- pumpkin pies, even salt, cost more
ctelli on DSK11ZRN23PROD with SENATE
the Pentagon. ment relating to some of its other than they did a year ago.
The Office of Net Assessment’s pur- work as well. To date, they still It is not just going to cost more to
pose is to produce an annual net assess- haven’t been able to provide all of the eat; it is going to cost more to cook.
ment, which is a long-term look at our records that they ought to provide to Appliance prices have skyrocketed
military capabilities and those of our the Congress of the United States, over the past year, as have electricity
greatest adversaries. under our constitutional responsi- bills, and family members will have to
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November 18, 2021 CONGRESSIONAL RECORD — SENATE S8419
pay a lot more just to visit their Working families in Texas should not Families earning just over the me-
friends and relatives because gas prices have to subsidize the tax bill for Man- dian household income, which is just
are up 60 percent from last year. hattan millionaires. If the wealthiest under $62,000 in Texas, could see their
As families are being pummeled by people in New York or California think childcare costs soar by as much as
higher prices and inflation, our Demo- their State and local taxes are too $13,000.
cratic colleagues are planning to hand high, there is a pretty simple solution: And the climate policies in this bill
major savings to a select group of Tell your elected officials to cut taxes are sure to drive energy prices even
Americans, just not the ones you think or you can do like many people are higher. Gasoline already costs 60 per-
and certainly not the ones who need doing these days, vote with your feet cent more today than it did a year ago.
the help. and move to places like Texas. That is a combination of inflation and
Despite their cries of taxing the rich, Over the last decade, Californians the policies of this administration
the Democrats are plotting an abso- have flocked to my State by the hun- which attack the very energy industry
lutely massive handout to the wealthi- dreds of thousands. People do vote with that we depend upon to provide afford-
est Americans. This windfall is not dis- their feet, and they clearly support able energy.
tributed through stimulus checks or what we are doing in Texas. If the Democrats manage to get this
lower tax rates. That would be far too We have been happy to welcome folks grab bag of radical climate policies
obvious. Instead, our Democratic col- from all around the country who are in signed into law, prices at the pump will
leagues are relying on a range of gim- search of lower taxes, affordable go even higher.
micky sunsets and expirations to dole homes, and a better standard of living. So this bill will not, as advertised,
out the millionaire tax break. Blue State millionaires can’t expect help America to build back better. It
If they thought no one would notice, my constituents to subsidize their tax will ensure that we never reach the
well, they would be wrong. For exam- bills. They need to either pay their prepandemic recovery that was the
ple, The Washington Post headline says taxes or maybe they need to decide to envy of the world.
it all. It reads: ‘‘The second-biggest move to someplace where they are not No public relations campaign can
program in the Democrats’ spending taxed at such a high rate. hide the truth about this bill. This is a
plan gives billions to the rich.’’ Under this bill, two-thirds of those reckless tax-and-spending spree that
That is not how our colleagues have making more than $1 million will re- will benefit the wealthiest of Ameri-
tried to brand their legislation. They ceive a tax cut next year. Let me say cans at the cost of working families.
would portray themselves as modern- that again. The vast majority of mil- The last thing we need to do is to
day Robin Hoods—stealing from the lionaires will, under the Democratic line the pockets of wealthy Americans
rich to give to the poor. legislation, receive a tax break, and while driving up the costs of the middle
Strange in that it is really just the nearly 90 percent of those earning be- class.
opposite. They talk about the wealthy tween $500,000 and $1 million will re- I yield the floor.
paying their fair share and giving ceive a tax cut. This is a sharp contrast I suggest the absence of a quorum.
working families free programs, but from how middle-class working fami- The PRESIDING OFFICER. The
the reality of the situation is far dif- lies are treated. clerk will call the roll.
Less than a third of those earning be- The senior assistant legislative clerk
ferent from the picture they paint, and
tween $20 and $100,000 a year will re- proceeded to call the roll.
the wealthiest Americans stand to reap
ceive a significant tax cut. And the fol- Mr. LEE. Mr. President, I ask unani-
big benefits under this legislation.
lowing year, 2023, those savings dra- mous consent that the order for the
For example, the Democrats have in-
matically decrease. quorum call be rescinded.
cluded a provision that will allow mil- Year over year, the tax provisions in
lionaires and billionaires in blue States The PRESIDING OFFICER. Without
this bill change dramatically. In fact,
to pay less in Federal taxes. As the objection, it is so ordered.
there is not a single year over the next
headline notes, this handout comes decade in which each tax provision will UNANIMOUS CONSENT REQUEST—S. 3243
with a big pricetag of $285 billion in tax be used at the same time. Mr. LEE. Mr. President, this is now
breaks for the wealthiest Americans. It Democrats aren’t rewriting the Tax the 17th time I have come to the Sen-
is more expensive than the clean en- Code to make millionaires pay their ate Chamber specifically to speak
ergy and climate provisions in their fair share; they are gaming it to create against President Biden’s vaccine man-
bill; more expensive than paid family the illusion of fairness. date.
leave; more expensive than the com- Some programs begin immediately I have pledged before, and I pledge
bined cost of the child tax credit and and end after 1 year. Some don’t even again today, to continue this fight
home-based services. take effect for a couple of years. These until we beat the mandate.
And there is no denying that the are plain budgetary gimmicks. After Now, thankfully, progress has been
beneficiaries of this ultraexpensive all, they can’t afford to give billion- made on this front. The U.S. Court of
provision are the wealthiest Ameri- aires a tax break and dole out in- Appeals for the Fifth Circuit last week
cans. According to the Tax Policy Cen- creased social welfare programs. The halted enforcement of President
ter, about 70 percent of the benefit goes fact of the matter is, the millionaire Biden’s general mandate. It did so di-
to the top 5 percent of wage earners— tax break in their legislation is the recting their rulings specifically to the
70 percent goes to the top 5 percent. largest handout for wealthy Ameri- OSHA portion of the mandate. This is
That is people making more than cans. But it is not the only one in the the one that applies to all workers ev-
$366,000 a year, roughly six times the bill. erywhere and any place of employment
median household income of Texans. This legislation would allow people with more than 100 workers.
We were not talking about saving a few earning hundreds of thousands of dol- I, along with millions of Americans,
dollars here and there. The top 1 per- lars to receive up to $12,500 from the am grateful that the U.S. court system
cent would save an average of $14,900 taxpayers if they buy an electric vehi- performed its role in protecting the
next year, and the bottom 40 percent of cle. They also can receive up to $900 to separation of powers and otherwise
taxpayers wouldn’t be given a dime’s purchase an e-bike, which is obviously protecting the limits on government
worth of a break in their taxes. less green than a good old-fashioned written into our laws and our Constitu-
The rich in America who stand to regular bike. tion.
gain the most from this change are The Democrats’ reckless tax-and- It is also encouraging to see the gov-
those who live in blue States, like New spending bill also creates handouts for ernment Agency charged with enforc-
York and California that have higher union bosses, trials lawyers, wealthy ing the general mandate; that is,
ctelli on DSK11ZRN23PROD with SENATE
State and local taxes. They would, media corporations, and a host of pow- OSHA, has now halted the enforcement
under this legislation, get to deduct up erful friends of the Democratic Party. of the mandate and is complying with
to $80,000 in their State and local taxes All of these handouts may appease the order issued by the U.S. Court of
from next year’s Federal tax return, some of our colleagues’ wealthiest sup- Appeals for the Fifth Circuit.
leaving everybody else to fill up the porters, but it will only make life hard- This, however, does not end Presi-
gap. er for working families. dent Biden’s vaccine mandates. That
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S8420 CONGRESSIONAL RECORD — SENATE November 18, 2021
mandate in particular remains the sub- tion—inflation that is making it hard- munity or who works from home? That
ject of ongoing litigation, and there are er for Americans everywhere, espe- makes absolutely no sense.
other requirements placed on other cially the poor and middle-class Ameri- This mandate simply goes far beyond
specific groups of workers outside of cans, people living paycheck to pay- what is reasonable. It begs all sorts of
the OSHA mandate and, therefore, out- check who find that every dollar they questions. Why are you doing this?
side the scope of the order issued by earn is buying less of everything, from So, today, I am offering a bill to help
the Fifth Circuit. gas to groceries, from housing to another group—yet another group of
Now, I have spoken previously on the healthcare. people—a group consisting of people
situation that members of our Armed Federal Reserve Chairman Jay Pow- not protected by the Fifth Circuit’s
Forces face and on things that people ell recently warned that ‘‘hiring dif- halting of the general vaccine man-
who work in the healthcare profession ficulties and other constraints could date. Federal workers are still facing a
face—difficult things, challenging continue to limit how quickly supply vaccine requirement from the Biden
things, things that threaten their live- can adjust, raising the possibility that administration. Almost 3 million work-
lihoods and cause a lot of problems for inflation could turn out to be higher ers in this country are employed by the
workers. and more persistent than we expected.’’ Federal Government. Many of them
I have offered various bills to help The mandate is only worsening the have reached out to me and my office
those groups of Americans keep their problem. and are concerned about losing their
jobs and make sure that they have the Now, I believe the Biden administra-
jobs due to this mandate. I know I am
right to make their own medical deci- tion recognizes the harms this mandate
not the only one. I know that every
sions. will cause for our workforce. It is evi-
single Member of this body has re-
I am fighting against the mandate. I dent in the administration’s date of
ceived phone calls, letters, emails, and
am not fighting against the vaccines. I compliance extension to January 4
other pleas for help from people who
support the vaccines. I am vaccinated. that this is the case.
don’t want to lose their jobs.
I have encouraged others to be vac- Now, I have to ask an obvious ques-
cinated. I see the development of these tion here—or one that I think should This is a response to them. This is an
vaccines as something of a modern be obvious, should be intuitive. If the effort to try to help them and part of
medical miracle, one that is protecting forced vaccination of our entire Fed- my ongoing effort to reemphasize the
so many millions of Americans from eral workforce, including employees fact that it doesn’t have to be this way.
the harms of COVID. and contractors and subcontractors—if My bill, the Protecting Our Federal
But this one-size-fits-all dictate from forcing the vaccination of every one of Workforce from Forced COVID–19 Vac-
Washington certainly isn’t the answer these workers—were truly an emer- cination Act, would prohibit an execu-
and, under our system of government, gency so drastic that all workers, con- tive Agency from requiring its employ-
can’t be. I have heard from hundreds of tractors, and subcontractors, even ees to receive a COVID–19 vaccine. It is
Utahns who are personally at risk of those working remotely in their own a simple solution to prevent more un-
losing their jobs and their livelihoods homes, must be vaccinated imme- employment and to protect countless
due to this mandate. Many of these diately, then why would they risk de- Americans from being forced out of the
Utahns have religious or health con- laying compliance? workforce.
cerns about the vaccine. They can’t have it both ways. If they This bill will help protect Americans’
President Biden promised these man- want to say that this is an emergency; right to make their own medical deci-
dates would include exemptions for this is dire, so dire that we have to sions and will help protect our econ-
those people in those categories spe- force every contractor, subcontractor, omy as it strains under multiple crises
cifically, but in reality they are being and Federal employee to get vac- and as the holiday season comes
dismissed or placed on unpaid leave or cinated immediately and we have to around.
pushed into retirement with reduced fire them if they don’t—if that is truly I encourage and sincerely implore all
benefits. so emergent—then why delay it to Jan- of my colleagues to support it.
These are good people, everyday peo- uary 4? Why delay it at all? To that end, Mr. President, I ask
ple. Many are dedicated frontline Now, to be sure, it would be bad. And, unanimous consent that the Senate
workers. Far too many are just trying to be sure, I am glad they have ex- proceed to the immediate consider-
to make ends meet and feed their fami- tended it. Perhaps, maybe, this means ation of S. 3243, which is at the desk. I
lies. It shouldn’t be too much to ask to they are reconsidering this awful, hor- further ask that the bill be considered
allow them to continue doing that rible step, this horrible thing that they read a third time and passed and that
unencumbered by their own govern- are inflicting on those who can least the motion to reconsider be considered
ment in their efforts to do that. afford to absorb something like this. made and laid upon the table.
These mandates will just push people But it really does undercut the emer- The PRESIDING OFFICER (Mr.
out of work and make many of them gent nature of the situation, and it un- KING). Is there objection?
not only unemployed but unemployable dercuts their underlying reasoning
Mr. PETERS. Reserving the right to
outcasts in their chosen professions, that this has to happen immediately,
object.
professions for which they have spent so immediately that we have to fire all
years studying and learning and receiv- of them if they won’t submit to Presi- The PRESIDING OFFICER. The Sen-
ing certifications just in order to work. dential medical orthodoxy. ator from Michigan.
What a tragedy. This mandate is even so drastic that Mr. PETERS. Mr. President, in an
This wouldn’t just harm those af- it includes all workers and all contrac- ideal world we would not need a vac-
fected directly by the mandates. It ab- tors, including all those who work re- cine mandate. In the ideal world the
solutely would harm those directly af- motely, who don’t even go into a work- vast majority of people who can get
fected by them, but the harm extends place. And it also includes even those vaccinated would heed the advice of
much further than those directly af- who have natural immunity from a scientists and of public health officials
fected. It would affect all of us, in fact. previous case of COVID–19, something and take the very simple step to get
The American economy is currently that some studies have indicated will vaccinated so that we can get this pan-
facing a labor shortage the likes of provide 27 times the immunity of a demic under control.
which we haven’t seen in decades. Busi- vaccine. But, unfortunately, our reality is
nesses across the country are strug- Again, vaccines are great. I have very different. We have been working
gling to find enough workers just to been vaccinated. I have encouraged to contain this virus and manage this
ctelli on DSK11ZRN23PROD with SENATE
keep their doors open, let alone others to do the same. Vaccines are unprecedented health crisis for nearly 2
produce and serve at full efficiency. protecting hundreds of millions of years now. It has cost us more than
President Biden’s mandate will add to Americans right now. But why not 765,000 American lives, and millions of
our high unemployment and our low take into account their natural immu- other Americans have been infected
labor force participation rates, and it nity, and why on earth would you fire and may face lifelong health challenges
will put even more pressure on infla- someone who already has natural im- as a result.
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November 18, 2021 CONGRESSIONAL RECORD — SENATE S8421
It doesn’t have to be this way. We I also am in agreement with the fact of the studies have indicated that that
have safe, effective, and lifesaving vac- that in an ideal world people would be immunity could not only be as strong
cines that are now, thankfully, avail- getting vaccinated more than they are. as, but, in some cases, 27 times strong-
able to a significant number of Ameri- And in that world, if more people got er than that conferred by the vaccine.
cans. vaccinated, I do think there would be I had both. I had the coronavirus over
Vaccines are our best tool to finally fewer hospitalizations, fewer deaths, a year ago and I still chose to be vac-
get this pandemic under control, and and fewer COVID infections. And there cinated in addition to that. My own ex-
requiring the folks who are able to get are a lot of data sources supporting perience with the coronavirus wasn’t
vaccinated is just simply common that. all that pleasant. It wasn’t an experi-
sense. We are all tired of this pan- I also agree that we are all tired as a ence that I care to relive. In consulta-
demic, and we all want it to end. We country, as individuals, as families, re- tion with my doctor, I concluded that
are tired of wearing masks because gardless of what State we live in. We it was a good thing for me to get it. I
some folks refuse to get vaccinated. We are tired of the pandemic, of the ERs was willing to get it, especially upon
are tired of wondering if we could un- being overcrowded, and things like learning that it might help protect me
knowingly be exposing our vulnerable that. These are all things we want to even further if I also had the vaccine in
family members who are taking every do away with. And I also agree with my addition to having natural immunity.
precaution. We are tired of waiting for colleague from Michigan that those But, you know, not everyone is going
enough people to get vaccinated so things really would be alleviated if to reach the same conclusions. And one
that our schools and our businesses and more people got vaccinated. of the struggles that we have had as a
our daily lives can just get back to nor- In my mind, the question that we are country involves difficult questions
mal. discussing here isn’t about a disagree- that people face when they disagree—
And we are tired of emergency rooms ment over the objectives that we have when they have a genuine disagree-
and healthcare workers getting over- got; it is more about how to get there, ment. We have to be careful about how
run by COVID cases from people who who has authority to take what action we use government power because the
are not vaccinated, when we already and what consequences might attach to government power necessarily involves
have the best tool to prevent the government actions. the use of force.
spread in the first place. Our frontline Notwithstanding the fact that my Most of the time, mercifully, it
healthcare workers are being crushed friend from Michigan and I both agree doesn’t have to involve the direct ac-
by the consistently high number of that the American people, to the ex- tual use of force. It can involve the im-
cases, and public health experts are tent they have been vaccinated, are plicit or implied or future or prospec-
predicting that yet another spike will benefiting as a whole from being vac- tive use of force. In other words, you
likely hit this winter unless people get cinated, it doesn’t mean that everyone comply with this or that law or regula-
vaccinated. is going to agree. tion or government dictate of one sort
In my home State of Michigan, the It doesn’t get rid of disagreements of another, then you are fine. If you
number of unvaccinated patients hos- that exist, in some cases, because of don’t, you know that at some point
pitalized with COVID is once again our religious belief or other moral con- there will be consequences.
climbing. A headline from today noted viction—one that I don’t happen to
A lot of people comply voluntarily
that Michigan has just reached a new share and probably most of us in this
after they received—I don’t know—a
pandemic record with the highest body don’t happen to share, but that
notice from a law enforcement officer
COVID case average in the Nation and some people have.
or agent. Or maybe they wait until
that deaths across the State continue There are some people who, for reli-
someone has sued them, and then they
to rise. Emergency rooms are packed, gious or moral reasons, believe that
get a court order. But they know that
and in some areas patients are forced they shouldn’t be vaccinated. There are
at some point, if they refuse to comply,
to wait for hours or for days to be ad- others who have a specific medical con-
the government can enforce what it is
mitted. dition that has involved receiving med-
requiring.
There is one key factor that is driv- ical advice from board-certified med-
ical doctors that someone shouldn’t get So whenever we involve government
ing this horrific scenario: 88 percent of
this particular vaccine. in these kinds of decisions, we have to
the cases, 88 percent of the hospitaliza-
I am not a doctor. I am not a sci- be able to defend the actual or threat-
tions, and 88 percent of the tragic
entist. I don’t purport to understand ened or potential use of force in order
deaths were all people who were
these things. But I do know what I hear to justify what we are doing. And we
unvaccinated.
We can put an end to this nightmare from Utahns, which is that a number of have to ask: Is this moral? Is this an
by getting more Americans vaccinated. them have cited medical conditions of appropriate case to use violence?
You know, we require so many pre- one sort or another; previous personal Because if it is not an appropriate
ventive measures to keep ourselves and or family medical history that has sig- case to use violence for something,
others safe. We wear seatbelts in our naled particular sensitivity to vaccines there is kind of a problem with putting
cars. We require hardhats on construc- in general; or, in some cases, when peo- government into the equation, because
tion sites. We get vaccinated to protect ple have autoimmune conditions of one ultimately you have to rely on govern-
ourselves against a whole number of sort or another or a combination of ment to be willing to threaten violence
health risks. And we do it because we them. and carry out violence; meaning to
know it saves lives and it keeps people In some cases, doctors are concerned show up at somebody’s house with a
healthy. about inflaming that condition, in- summons, an arrest warrant, or some-
The answer is simple: Get vaccinated. flaming the immune system of par- thing like that and take them away.
Mr. President, I object. ticular patients, and on that basis ad- All that involves force. And again,
The PRESIDING OFFICER. Objec- vise their patients with particular, mercifully, most of the time it doesn’t
tion is heard. somewhat unusual medical histories have to come to that. Most of the time,
The Senator from Utah. not to be vaccinated. Americans, you know, comply with the
Mr. LEE. Mr. President, I appreciate There are others, still, who might law just because it is a good thing to
the thoughtful remarks and the in- not fit into either of these categories, comply with the law.
sights of my friend and distinguished but might consist of people who have But we really should ask the ques-
colleague the Senator from Michigan. already had the coronavirus and have tion whether a government action is
He is someone with whom I enjoy recovered from it at some point over morally justified in any circumstance
ctelli on DSK11ZRN23PROD with SENATE
working, and one of the many things I the last 18 months. to such a degree that the use of vio-
appreciate about him is that he puts a There are studies indicating that lence would be warranted if it came to
lot of thought into everything he does. natural immunity is real, and that that.
And I have always known him to be have suggested that natural immunity I struggle to accept the proposition
considerate, and I appreciate that can convey comparable immunity to that it is OK to use violence to force
about him. that available under the vaccine. Some someone to get a COVID–19 vaccine. As
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S8422 CONGRESSIONAL RECORD — SENATE November 18, 2021
much as I love the fact that the vac- don’t deserve a job. You are going to be This one is even clearer than that;
cines are available and are a real bless- fired, even if you have a medical condi- but, more importantly, this one is
ing—something of a modern medical tion that precludes it. more emotionally compelling than
miracle—I can’t get comfortable with Even if this could be morally justi- that.
the idea of using violence to force peo- fied, which it can’t, one must ask the That unconstitutional act of Presi-
ple, who have another opinion, to com- question asked by the U.S. Court of Ap- dential overreach affected a handful of
ply. peals for the Fifth Circuit: Does Con- steel companies. It certainly affected
It seems morally problematic and gress, does the Federal Government, thousands upon thousands of workers.
morally unjustified—for that matter, have the power to order such a wide- It didn’t have the ability to affect di-
indefensible—for the government to spread vaccine mandate? rectly or indirectly every single man,
tell someone, ‘‘If you don’t get this It doesn’t. woman, and child in America. This one
shot, you will get fired;’’ and, in fact, The OSHA mandate, for example, does.
to tell their employer, ‘‘You must fire constitutionally, it would have to be That is one of the reasons why these
this person if this person doesn’t get predicated on Congress’s authority moral and statutory and constitutional
the vaccine, even if this person has a under the Commerce Clause, which questions matter so much. That is why
good-faith religious belief against it, gives us the power to regulate trade or I have been coming to the floor every
even if this person has natural immu- commerce between the States, with day, and why I will continue to do so
nity or has some particular medical foreign nations, and with the Indian indefinitely as long as it takes.
condition causing his or her board-cer- Tribes. I suggest the absence of a quorum.
tified medical doctor to advise against Even as that provision of the Con- The PRESIDING OFFICER. The
receiving the jab.’’ stitution has been interpreted really clerk will call the roll.
That isn’t moral to say to that per- broadly since 1937—even under that The legislative clerk proceeded to
son, ‘‘You didn’t comply with a Presi- broad interpretation, one that has seen call the roll.
dential medical edict, so you are only three acts of Congress over the Mrs. MURRAY. Mr. President, I ask
fired;’’ and to tell the employer, ‘‘If last 84 years being deemed outside of unanimous consent that the order for
you don’t fire that person, you are Congress’s authority under the Com- the quorum call be rescinded.
going to be the subject of punitive fines merce Clause—when you have to al- The PRESIDING OFFICER (Mr. VAN
that will cripple any business.’’ most try hard to pass legislation predi- HOLLEN). Without objection, it is so or-
And I literally mean any business. I cated on Commerce Clause authority dered.
don’t think there is a business in that doesn’t fall within it, but even The Senator from Washington is rec-
America subject to these mandates under that, this doesn’t pass the test. ognized.
that could survive the crippling, delib- It is not, by its nature, economic ac- Mrs. MURRAY. I ask unanimous con-
erately cruel fines that are levied tivity. In fact, it is not activity. You sent to speak as if in morning business
under them—not a one. are punishing nonactivity. for 5 minutes.
This isn’t right. It is not moral. Deep Even under these high watermark The PRESIDING OFFICER. Without
down we know it. precedents from the New Deal era es- objection, it is so ordered.
In fact, according to a recent poll tablishing a very deferential standard NATIVE AMERICAN HERITAGE MONTH
conducted and reported by Axios— of review for exercises of Commerce Mrs. MURRAY. Mr. President, I rise
hardly a rightwing publication—it in- Clause authority by Congress, this today in recognition of Native Amer-
volved a question, and the poll ques- doesn’t even pass that. And even if it ican Heritage Month. As a Senator
tion was something along the lines of: did, which it doesn’t, you would still from Washington State, I am proud to
Should a person who declines to be vac-
have to identify the case of the OSHA represent 29 federally recognized
cinated be fired for not being vac-
mandate a definable delegation of au- Tribes.
cinated?
And 14 percent agreed that that is thority from Commerce using some in- In Washington, we understand the
OK—14 percent. Only 14 out of 100 telligible principle authorizing this importance of the sovereignty of Tribal
Americans said: Yeah, that makes kind of action. Governments. And anyone who knows
You will not find that. It is not there. me knows, I believe a commitment is
sense, that is OK; fire this person, fire
him, fire her. They don’t matter. I have reviewed upside down, sideways, more than just words. It is about ac-
It is compounded when you look at backwards, forwards the statutory text tion.
the tragedies imposed by the individual at issue with regard to OSHA. It does At the start of this year, when we
circumstances. The soldier; the sailor; not provide this authority. The moral passed the American Rescue Plan to
the airman; the marine; the TSA work- authority is lacking. The constitu- get America up and running again, it
er; the Federal contractor; the em- tional authority is lacking. There is no was the single largest Federal invest-
ployee of a subcontractor of a company power delegated by the Congress to ment in Tribes ever—more than $32 bil-
with one Federal contract who does OSHA to do this. It is not defensible. lion for Tribal Nations.
mostly non-Federal work; the mom, I am glad that delays on some of Since then, I have spoken to many
the dad working in a factory, in a these mandates have been imposed. I Tribal leaders in Washington State
school, in a floral shop—if any of those am glad that OSHA is at least agreeing about what this has meant for our
either have a Federal contract or have to comply with the order of the U.S. Tribal communities.
more than 99 employees, all of those Court of Appeals for the Fifth Circuit; A housing grant to the Muckleshoot
people are having their livelihoods and, at least for the duration of that Indian Tribe helped provide homes for
threatened. litigation, enforcement will be halted. an additional 25 families.
It is not just a job. It is, in many I hope and I fully expect that the ul- The Lummi Nation created new op-
cases—as is the case in the healthcare timate resolution of that case will be portunities for education and job re-
industry, for example—people who have consistent with what the Fifth Circuit training.
spent a lifetime acquiring the skills ruled last week. In fact, I have little The American Rescue Plan helped
and professional certifications, the de- doubt that it will be. the Tulalip keep Tulalip-owned busi-
grees, the training, the education nec- This is, in some ways, the most bra- nesses, who have been struggling since
essary in order to participate in that zen act of Presidential overreach that the pandemic, afloat.
profession. we have seen in a single directive, since Action on our commitment has
Many of these people, by the way, President Harry Truman, on April 8, helped Tribal members in my home
throughout the darkest hours of the 1952, issued an order seizing every steel State stay housed, get back to work,
ctelli on DSK11ZRN23PROD with SENATE
pandemic, were the people working mill in the United States for steel pro- keep their small businesses open, and
hardest to protect Americans, to make duction related to the Korean war ef- continues to make a difference in a
sure they had access to the healthcare fort. Mercifully, the U.S. Supreme thousand different ways.
they needed. Court was able to intervene and, within Now, these outcomes weren’t inevi-
Those same people are now being a couple of months, invalidated that table. They happened because of inten-
told: You are not good enough. You action. tional and specific policy decisions this
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November 18, 2021 CONGRESSIONAL RECORD — SENATE S8423
Congress made to support Tribal Na- time appointment as a Federal court childcare. So parents feel like they are
tions. judge in Washington State—the first stuck. The more they work, the more
So if we are serious about showing a Native American Federal judge in my expensive childcare gets.
real commitment to Tribal commu- State’s history and just the sixth ever One of the reasons that people
nities during Native American Herit- in American history. And I am glad to haven’t returned to the workplace as
age Month, then we need to continue to see more than 50 Native Americans much as some academicians or some
prioritize Tribal communities in all of serving in key political positions professors or somebody predicted—it is
our policymaking. throughout the Biden administration. I not because we were providing unem-
Infrastructure in Indian Country—ev- look forward to seeing many more. ployment compensation. That just
erything from roads to bridges, to So, on this Native American Heritage kept them alive. It is because they
broadband—has been underfunded for Month, let’s resolve to build on the im- can’t find affordable, accessible, safe
too long. The bipartisan infrastructure portant work this Congress has done so childcare. So that is why parents feel
bill, which is now signed into law, will far to support our Native communities. like they are stuck. It is why we passed
make $13 billion in direct investments As a voice for Washington State the child tax credit—as I said, the larg-
in Indian Country, with tens of billions Tribes in the U.S. Senate, I will always est tax cut for working families ever. It
more in Federal grants and future advocate for Indian Country and fight is about finally, finally making hard
funding opportunities. This will mean to ensure the Federal Government lives work pay off so you can keep up with
clean drinking water, access to high- up to its sacred commitment to indige- the cost of raising a family.
speed internet, transit to connect com- nous people across the country. One of the joys of this job—and I
munities, and more. I yield the floor. know that the Senator from Oregon
Now we have another opportunity to I suggest the absence of a quorum. and the Senator from Maryland share
show our commitment to Tribal com- The PRESIDING OFFICER. The this because they do things like this—
munities with the Build Back Better clerk will call the roll. is we put on our website: What does the
Act. Just like everywhere else in this The bill clerk proceeded to call the monthly child tax credit mean to you?
country, childcare is a crisis for Native roll.
We started this in July. We voted on
communities. Right now, about one out Mr. BROWN. Mr. President, I ask
it, on this floor, on March 6. Five days
of every four Native Americans in this unanimous consent that the order for
later, President Biden signed the law.
country is experiencing poverty. That the quorum call be rescinded.
We all went to talk to Secretary Yellen
is higher than any other group. So The PRESIDING OFFICER. Without
about getting these checks out quick-
when 1 in 10 Native American parents objection, it is so ordered.
ly. On July 15, 4 months after we voted
have to quit or change their job be- CHILD TAX CREDIT
for it—not even 4. Help me with my
cause they can’t find or afford Mr. BROWN. Mr. President, this math. Three months after we voted for
childcare, we are making a tough situ- week, for the fifth month in a row—and it, these checks started showing up.
ation worse. the Presiding Officer has been standing
In my State, it was 2.1 million checks
My childcare proposal in Build Back with us on this important issue—par-
that went out. There were 2.1 million
Better is going to cut the cost of ents in Ohio and Maryland and all over
individuals who got this child tax cred-
childcare by thousands for Tribal fami- the country, once again, see $250 or $300
it—you know, a million-and-some fam-
lies—with many paying nothing at all or, if they have two children, $600 in
ilies because, obviously, some have
for childcare—and it is going to help tax cuts directly into their bank ac-
more than one child in a family in
get more slots open everywhere we counts.
many cases. Then they got a check on
need them, so parents won’t be stuck Think about this: 90 percent of Ohio
August 15; September 15; in October;
on waiting lists for months on end. children, this year, will have at least a
and just this week, on November 15.
It is our government’s duty to make $3,000 tax cut, not a deduction. This is
investments like this one in Indian real money in people’s pockets. This is We know it cut the rate of child pov-
Country because if we really believe in 90 percent of Ohio families who will get erty by 40 percent. We also know that
Tribal sovereignty and acknowledging at least a $3,000 tax cut, and that is if it helped families with school expenses
the role our government has played in they have one child. If they have more, or with, maybe, putting a little bit of
centuries of persecution Native peoples they will get a bigger tax cut. money aside for Bowie State or Stark
in this country have faced, we must You know, we know how hard parents State, a community college in Ohio.
also take action to create real oppor- work at their jobs and at raising their Maybe it was just a way that fami-
tunity for people; action on quality, af- kids. Any parent knows how much lies—I mean, we know how there are so
fordable childcare, housing, home care, work it is to take care of children, es- many families who are really anxious
and more. pecially young children. It has gotten at the end of the month. Maybe we
Build Back Better is going to make a only harder and harder over the last don’t talk to enough families like this
big difference for Native communities, year and a half. around here, but for families who are
but there is more we need to do to ad- I hear some of my colleagues, espe- anxious at the end of the month, get-
dress the specific needs of Native com- cially on that side of the aisle, say— ting this $200 or $300 or $600 check in
munities. you know, they forget what hard work the middle of the month relieves the
We have to build on President it is to raise children. And I watched anxiety so many families have just to
Biden’s Executive action to address the what we were able to do on this with pay the rent because we know so many
epidemic of missing or murdered indig- the chairman of the Finance Com- families, in that last week of the
enous peoples, especially to protect Na- mittee, who just walked in, Senator month, cut back on food a little bit,
tive women and girls. We must reau- WYDEN, and his leadership on this larg- cut back on trying to figure out a way
thorize the Violence Against Women est tax cut for working families in my to get through the month so they can
Act and strengthen that legislation to lifetime. pay their rent at the beginning of the
empower Tribal Nations to hold per- So often, we know hard work doesn’t next month.
petrators of crimes committed on Trib- pay off. Think about the past few dec- So, on this website, when we ask peo-
al lands accountable. And living up to ades: The stock market went up; pro- ple what this means to you, we just get
our commitments is also about rep- ductivity went up; executive com- the most wonderful stories.
resentation and a seat at the table. pensation has been stratospheric; yet, Lisa said the tax cuts help her afford
I was overjoyed to strongly support essentially, wages for most workers in ‘‘diapers and school supplies . . . and
the confirmation of Deb Haaland, who this country have been flat. [now] we [can] put a little into starting
ctelli on DSK11ZRN23PROD with SENATE
is already blazing a trail as a historic And you know how expensive it is to a 529 college fund.’’ It is so exciting.
Secretary of the Interior and a power- raise kids. Healthcare, school lunches, Now we can finally ‘‘save for edu-
ful voice for Tribal interests. diapers, clothes, school supplies, cation.’’
I was proud to recommend Lauren braces, sports’ fees, camp fees—the list Lin from Columbus: ‘‘It kicked in
King, a citizen of the Muscogee Nation never seems to end. And one of the big- right at a time when kid birthdays
and a Tribal law expert to serve a life- gest expenses for so many families is were happening for us, plus back to
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S8424 CONGRESSIONAL RECORD — SENATE November 18, 2021
school shopping, and several unex- fice. Four years ago, we passed the tax charge of an organization of over 22,000
pected vehicle repairs were needed as cut. Almost all Republicans voted yes; employees and almost a quarter-mil-
well—it’s made a very helpful impact.’’ almost all Democrats voted no. Sev- lion volunteers. The Park Service gen-
The Presiding Officer, Senator VAN enty percent of that tax cut went to erates tens of billions of dollars of eco-
HOLLEN, sits on the Banking and Hous- the richest 1 percent. nomic activity. The people of my
ing Committee with me. He knows Earlier this year, we passed the larg- State, Oregonians from one corner of
that, before the pandemic, 25 percent of est tax cut for working families every- the State to the other, particularly un-
renters in this country paid more than where. Everybody on this side voted derstand how critical outdoor treasures
half of their income in rent, and if one yes; everybody on that side voted no. I are for rural economies and rural jobs.
thing goes wrong—your car breaks mean, whose side are you on? Appar- There are park units in every State
down; you get sick; your child gets ently, we know that. Senator MCCON- in the Nation—urban parks, rural
sick; you miss a few days of work—you NELL and his crowd—they are always parks, historic American buildings, an-
can be evicted. This will stop that from for the billionaires, they are always for cient archeological sites. And the per-
happening in many cases. giving more tax cuts, while Senator sonnel at the Park Service—what in-
Jeff from Cincinnati said it helps him WYDEN and the Finance Committee are credible people. They do it all, from
afford ‘‘car insurance for a 17-year- fighting for middle-class tax cuts. education to preservation to mainte-
old,’’ a 17-year-old who has a part-time They then promised—and we all nance, and they are also now doing
job after school. heard this—they promised that these more resilience against wildfires.
The story we hear over and over is big tax cuts for billionaires would That is why it is so important we
how expensive childcare is, how par- trickle down, and they would hire more have strong leadership at the National
ents use this money to afford childcare people, and they would pay higher Park Service, because when you have
so they can go back to work or, maybe, wages, and the economy would grow. employees taking on such diversified
work more hours than they are work- Well, it didn’t exactly work that way. challenges and you have the Park Serv-
ing. They kept so much of it for them- ice woven into the fabric of every State
CeCe said her tax cut helps her pay selves. They spent that money on stock and so many communities, you need
for daycare. ‘‘Daycare is the same buybacks, and we know what happened somebody at the top, the leader, to be
amount as my mortgage payment for 4 then. capable and ready to take on these
days a week! So this is so, so helpful,’’ So the question is, Do you want tax enormous challenges. Chuck Sams is
she said. cuts for billionaires and corporations that person, there is no question about
Sarah said: ‘‘It has been critical as I or do you want tax cuts for working it.
started my unpaid maternity leave at families? We want tax cuts for working I want the Senate to know that I
the end of July.’’ families, and so do Americans from all have known Chuck Sams for years, and
I mean, we want people to be able to over the country overwhelmingly from I have personally seen in action his
give birth and then stay with their all kinds of backgrounds, from Chil- dedication to communities and to the
child, their newborn, for a period of licothe to Xenia, to Springfield, to outdoors. He has been a longtime
time. Many, many, many people in Bal- Portsmouth, to Ravenna—all over the Umatilla Tribal leader and a key mem-
timore, in Cleveland, in Portland don’t country. ber of the Northwest Power and Con-
have any kind of leave—and how im- Every single month now, we are servation Council, working with offi-
portant it is that they can, maybe, showing parents and workers we are on cials from across our region. He is also
stay a little longer with a newborn your side. We will not stop fighting to a veteran of the U.S. Navy. I know
child and bond with her or him. make sure parents’ hard work pays off Chuck Sams to be a role model in the
Courtney, from Athens, near the for years to come. stewardship of America’s lands, our
Ohio River, said the CTC is ‘‘slightly The child tax credit—we will make it waters, our wildlife, and our history.
more than half the cost of part time permanent. It may not be this year, The Congress and parkgoers are
daycare tuition per month—much ap- but we will make it permanent. As going to be able to count on him in the
preciated help getting kiddo back into Senator WYDEN has said, it will become months and years ahead, after he is
childcare and keeping [my husband and a lot like Social Security. It will be confirmed, because we know the Park
me] in the workforce.’’ transformational. Americans will love Service faces some very big challenges.
These tax cuts mean more parents it the way Americans have gotten used There is, for example, a multibillion-
can afford to work and can afford to to and depend on and love Social Secu- dollar maintenance backlog. The parks
keep up with the extra cost of raising rity. It is part of who we are as a na- are often very crowded. They are con-
kids. tion. fronting the effects of the climate cri-
When these tax cuts are fundamen- I yield the floor. sis, whether it is wildfire, floods, or
tally stripped down from everything The PRESIDING OFFICER. The Sen- droughts. The list goes on and on.
else, it is about the dignity of work. ator from Oregon. There has been for too long—too long—
All work has dignity, whether you UNANIMOUS CONSENT REQUEST—EXECUTIVE a workforce culture fraught with gen-
punch a clock or swipe a badge; wheth- CALENDAR der discrimination and harassment.
er you work for tips; whether you are Mr. WYDEN. Mr. President, in a few For almost 5 years, the Park Service
on salary; whether you are raising chil- moments, I intend to put forward a re- has been without a Senate-confirmed
dren or caring for an aging parent. quest for the Senate to take up and ap- Director. The reason why I am here is,
Raising children is work. We never prove the nomination of a very special I would say to the Presiding Officer
should forget that: raising children is Oregonian; that is, my friend Chuck and to my colleagues, I am here to
work. Sams, President Biden’s choice to lead make sure that the Senate doesn’t wait
It is a hell of a lot more work than the extraordinarily important National another single day after 5 years to con-
moving money from one overseas bank Park Service. I am just going to take a firm a capable leader, Chuck Sams, as
account to another, as this body falls few minutes to talk about Chuck Sams the Director to address these chal-
all over itself over the years giving tax and make sure the Senate understands lenges I have described. He is the right
cuts to rich people. why this is the right person for this nominee at the right time. I want Sen-
It didn’t stop Senator MCCONNELL very important job. ators to know I base this not on read-
from rewarding the wealthiest CEOs First of all, I would say to the Sen- ing a bunch of resumes or bios about
and hedge fund managers and Swiss ate, we have heard the national parks Chuck Sams. I have seen it myself. I
bank account holders. We remember described as America’s best idea. That have seen Chuck at work in our State.
ctelli on DSK11ZRN23PROD with SENATE
what happened. When they did their is because they form a network of He is committed. I support him 110 per-
tax cut 4 years ago, everybody in our— treasures that no other country can cent.
I mean, look at the difference. Four match. But the fact is, the National Therefore, Mr. President, I ask unan-
years ago, they passed the tax cut. You Park Service is not only about the imous consent that the Senate proceed
could see the lobbyists lined up in the views and the photo-ops; the Director to executive session to consider the fol-
hall outside Senator MCCONNELL’s of- of the National Park Service is in lowing nomination: Calendar No. 508,
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November 18, 2021 CONGRESSIONAL RECORD — SENATE S8425
Charles F. Sams III, of Oregon, to be Act—what we call in Alaska ANILCA. ting this kind of attention from the
Director of the National Park Service; The Congress took 100 million acres of new administration, and it is attention
that the nomination be confirmed, the Alaska lands. We weren’t supportive, that we don’t want because almost
motion to reconsider be considered by the way, Alaska—100 million acres. every one of these Executive orders and
made and laid upon the table with no That is bigger than almost any State Executive actions is hurting working
intervening action or debate; that no represented in the U.S. Senate, bigger families, is hurting our economy, is
further motions be in order with re- than two Minnesotas. hurting access to our lands at a time
spect to this nomination; that the And a huge part of ANILCA laid out when we are already hurting.
President be immediately notified of how the National Park Service would I just want to ask my colleagues, re-
the Senate’s action; and that the Sen- interact with Alaskans. For decades, spectfully, especially on the other side
ate then resume legislative session. Alaskans were saying that the way in of the aisle, could you imagine a Re-
The PRESIDING OFFICER. Is there which the National Park Service was publican administration coming in and
objection? treating Alaskans—by the way, Alaska saying, ‘‘We are going to issue 19 Exec-
The Senator from Alaska. Natives in particular—was not accord-
Mr. SULLIVAN. Mr. President, re- utive orders and actions targeting
ing to the law, was not according to Maryland or Delaware or Oregon or
serving the right to object, I want to ANILCA.
commend my colleague from Oregon Massachusetts’’? Senators would be on
And it wasn’t just Alaskans saying the floor, rightfully, sticking up for
and his comments. As a matter of fact, this. In the last 4 years, there have
I don’t disagree with pretty much any- their State and their fellow citizens.
been two U.S. Supreme Court deci-
thing he said. This is a challenging time right now.
sions—they are referred to as the
I had my first good meeting with Mr. Working families are hurting with in-
‘‘Sturgeon’’ decisions—where an Alas-
Sams this morning, and I would agree, flation, high energy costs, and we have
kan who wanted to go hunting sued the
I think he is qualified. I am particu- an administration in the White House
National Park Service, and it went all
larly impressed with his background as that thinks it is fine to target the
the way to the Supreme Court. And the
a Native American, as a veteran. great State of Alaska. Well, it is not
One thing I like to talk a lot about is U.S. Supreme Court twice in the last 4
fine. It is not fine. It is a war on work-
how our Alaskan Native American pop- years, 9 to 0—9 to 0—agreed with Alas-
ing families in my State, and I would
ulations serve at higher rates in the kans that the National Park Service
hope all of my colleagues would recog-
military than any other ethnic group was not following the law as it related
nize that this isn’t appropriate. This
in the country—special patriotism. Mr. to ANILCA.
As Justice Kagan, who wrote one of isn’t appropriate.
Sams certainly carries that tradition And it is not just these actions. The
the opinions, said, ‘‘Alaska is often the
on quite well. White House has made it known that it
And I have already talked to Senator exception, not the rule’’ to issues relat-
ing to Federal lands and access. has gone to financial institutions
WYDEN. I intend to work with him and
Now, as you can imagine, the Na- throughout the country—banks, insur-
Mr. Sams just on a few more issues, a
tional Park Service did not like get- ance companies—saying: Don’t invest
few more discussions. Again, we had a
ting slammed by the U.S. Supreme in American energy projects in the
very good conversation this morning.
This is nothing about his qualifica- Court twice 9-zip, but we liked it. It Arctic—also known as Alaska.
tions, but I wanted to make sure the was a vindication of what Alaskans, for So I am not going to hold this
administration is aware of some issues, decades, have been saying about the against Mr. Sams. My colleague from
at very high levels, as it relates to this abuse of power of the National Park Oregon I have a lot of respect for. But,
position, this job. And, again, I agree Service. literally, every major project that is
with my colleague from Oregon; this is So I want to work with Senator resource development, employs people,
an extraordinarily important Federal WYDEN and Mr. Sams on further con- helps working families—by the way,
Agency. As a matter of fact, it is so im- versations, soon—we are not trying to there are some that aren’t economic.
portant for my State that I want to ex- block this; I know the National Park There is a law that we passed in the
plain a little bit to my colleagues, Service needs leadership, and I think U.S. Senate 3 years ago to help Alaska
many of whom don’t really know what he would be a good leader—but to look Native Vietnam veterans. It was my
the National Park Service does. But to at making sure the implementation of bill. I care deeply about these great
my State, it is enormously important; these two U.S. Supreme Court deci- warriors who were really screwed by
it is powerful; and it can touch on peo- sions, 9 to 0, are followed through by their country when they came home
ple’s lives in huge ways. the entire bureaucracy. It is not much from Vietnam.
Let me just give you a little bit of to ask. The administration has delayed the
the numbers. The Federal Government These are topics I raised with Mr. implementation of that bill for 2 years.
manages roughly 66 percent of the Sams today. He seemed to be in agree- There will be Vietnam veterans—Alas-
lands in Alaska. Of that, the Park ment with me. But these issues are ka Native Vietnam vets—in my State
Service controls 55 million acres. Two- enormously important to the people I who will die before they get the benefit
thirds of all National Park Service represent. because they just thought they could
land—two-thirds of the land that Mr. And I am going to mention one final
do another hit on Alaska.
Sams will be in charge of is in my thing, and it is not really in Mr. Sams’
area of expertise, but I mentioned this So I ask my colleagues to just put
State. A lot of people don’t recognize
to him as well. yourself in my State’s position. None
that. A lot of people don’t understand
All Americans have been experi- of you would accept that. And I am
that. Alaskans understand that—two-
encing economic, pandemic-related going to start talking about it, and I
thirds.
So he is one of the big, important pain over the last 20 months. My State, am going to start raising these issues.
landlords of the great State of Alaska. I think, has been hit as hard as any And I hope I can get some of my col-
And, as you can imagine, this Agency other State, particularly on the eco- leagues—Republicans and Democrats—
has outsized influence in Alaska be- nomic side. And I want to just raise to maybe reach out to the White
yond what these numbers represent— this topic right now because I am going House, going: Hey, this really isn’t ap-
for hunting, for fishing, for transpor- to come down on the Senate floor and propriate. Alaska has had a rough
tation, for culture, and for people’s talk about it a lot more here. But it re- time. Everybody has had a rough time
livelihoods. lates to some of these issues. in America, but really? Nineteen Exec-
And this has been an Agency, to be This administration, the Biden ad- utive orders and actions?
ctelli on DSK11ZRN23PROD with SENATE
quite frank, that has been abusing its ministration, in the last 10 months, has These are just the Alaska-specific
power in Alaska for decades—Democrat issued 19 Executive orders or Executive ones. There are broader Federal ones
administrations and Republican ad- actions solely focused on my State—19. that impact us too. But I want to work
ministrations. There is no other State in the coun- with Senator WYDEN. I want to work
In 1980, this body passed the Alaska try—not Maryland, not Oregon, no with Mr. Sams, particularly on that
National Interest Lands Conservation other State in the country—that is get- issue I raised earlier. I think he is
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S8426 CONGRESSIONAL RECORD — SENATE November 18, 2021
going to be very well qualified. I ad- him to respond to his concerns not just sands of people lose their lives to
mire his desire to serve, his back- about this nominee in the context of COVID. We have seen hospitals fill, get
ground, and especially his Navy back- this nominee but in the context of the back to order; fill again, get back to
ground. concerns he has for his State. order.
And I intend to lift my hold very I yield the floor. But in the meantime, three vaccines
soon, but right now I am objecting. But The PRESIDING OFFICER. The Sen- have been developed, multiple different
my goal would be to have this nominee, ator from Alaska. treatments have been developed, a
who is qualified, after further discus- Mr. SULLIVAN. Mr. President, I multitude of tests have been developed,
sions with me and Senator WYDEN, want to thank my colleague from Or- which has been the primary issue that
moved to be confirmed by the U.S. Sen- egon, and I will commit to working we have every year with the flu.
ate. But, for now, I object. with him to try and get this done be- We don’t panic every year on the flu
The PRESIDING OFFICER. The ob- fore we head out to recess. because we have testing. We have
jection is heard. We know the treasures of Alaska. As treatment. We have vaccines. We now
The Senator from Oregon. I mentioned, two-thirds of all the Park have, for COVID, testing, treatments,
Mr. WYDEN. Mr. President, I just Service in the country is in my State, and vaccines. It becomes much more
want to tell the Senate where we are which is why I want to make sure I am manageable.
now and what is ahead. having followup conversations—I had a In the meantime, right at 80 percent
I have asked unanimous consent to good one already with Mr. Sams—to of all Americans who are 12 years old
confirm an Oregonian whom I have get commitments on a few additional or over have already had at least one
watched in action, Chuck Sams, to issues that matter deeply not just to dose of one of the vaccines.
head the National Park Service, which the Park Service and for America but, Let me run that past you again: 80
has gone leaderless for 5 full years. really, to my State. But you have my percent of Americans have had at least
Now, my colleague has said, to his commitment to work with you and Mr. one dose of one of the three vaccines, of
credit, that Chuck Sams is very well Sams on a few more of these issues. those 12 years old or older.
qualified, that he is a good man, that And, if I may, for all my colleagues, About 45 million Americans have re-
he had good discussions with him. And right—and I am glad to hear Senator covered from COVID; had it, tested
I would just say to the Senate and my WYDEN mention this—this shouldn’t be positive, and have recovered. The vast
colleague—my colleague and I have happening with one State. There is a majority of Americans, by far—like,
worked together often here in the Sen- Biden White House war on the State of not even close—the vast majority of
ate. I remember, as chairman of the Fi- Alaska. No one is getting treatment Americans have been vaccinated or
nance Committee, we had some issues like this, and it shouldn’t be this way. have recovered from COVID or both.
on the budget. And we got together, If a Republican President were in at- But is the administration OK with
and within 20 minutes we had it tacking Maryland or Oregon like that, that?
worked out. I would call the White House going: No, they are not. The administration
So I would just say to my colleague, Hey, lay off, guys. Lay off. has laid down their own law to say, if
I am ready from this minute on to get So I sure hope some of my col- Americans do not get the vaccine—
together with you, to get together with leagues—Republican and Democrats— those 20 percent left that haven’t got-
Mr. Sams. We are going to be here, it can send the message to Joe Biden, the ten the vaccine that are 12 years old or
sounds like, at least today, and then President, that you know, the war on older, if they don’t get the vaccine,
we will have to see. working families in Alaska is not real- this administration is going to find
But I just hope we can work this out ly a good idea. They are Americans, some way for them to lose their job;
because I listened to the Senator very too, and they have got a lot of re- which, for many people, will also mean
carefully. And I have been to Alaska. I sources to produce for our great Na- lose their insurance; lose their pension;
went with your colleague Senator MUR- tion, which we need right now. and, sometimes, lose their home.
KOWSKI when I was chairman of the En- So with that, I yield the floor. But the President’s response is: I
ergy Committee. And I heard my col- The PRESIDING OFFICER. The Sen- don’t care. Go get the shot. That is
league’s concerns. ator from Oklahoma is recognized. what I want you to do.
Well, to get those kind of concerns CORONAVIRUS Well, Mr. President, mission accom-
addressed—many of them—you have Mr. LANKFORD. Mr. President, on plished.
got to have a Director; you have got to September 9, President Biden told the Let me tell you a story of an indi-
have somebody you can hold account- American people that he was losing pa- vidual that works in the eastern part
able, somebody you can get on the tience with them and they needed to of my State, who works for one of
phone and you can talk to about issues. get vaccinated right now. He laid down those companies that is 100 people or
Chuck Sams is exactly that kind of a series of Executive orders on Federal more. He didn’t want to have the vac-
person. employees, on Federal contractors, on cine. The reason is not even important,
So I want my colleague to know we companies that had—individuals that but he said he didn’t want to take the
are going to be here the rest of today had 100 employees or more, on individ- vaccine. So what happened in his com-
and, it sounds like, some of tomorrow, uals that worked in any healthcare-re- pany of 100 or more? They fired him a
but we will have to see. I hope that we lated, anything that dealt with Medi- couple of weeks ago.
can get this worked out, and I want to care or Medicaid. It reached out to mil- You are welcome, Mr. President.
pledge to my colleague that I will, my- lions of people. Thanks for firing him.
self, be willing to work with him on He set a date that was within 3 Oh, it gets better. He lost his house
issues he has with the State, just the months, knowing full well it would because he couldn’t pay the mortgage,
way we did on those tax concerns with take months to actually write the rule and this adult man has now moved in
respect to the budget. And let’s see if and it would create chaos across the with his family while he tries to figure
we can get this done before we leave country as everyone tried to figure out out what happens next for him.
this week because the longer we wait— how to do this mandate. Do you know why?
I mean, just think of the Park Service I fully believe that was the purpose Because the President said he was
here over the holiday. There are going of setting a close deadline; it was be- losing patience and he didn’t care if
to be a lot of people—because the Park cause it would have that much chaos in this guy lost his house, lost his job,
Service is part of the treasures of the country dealing with the vaccine lost his insurance. The President was
America—who are going to want to mandates. Well, mission accomplished. just saying, go get it, or else.
ctelli on DSK11ZRN23PROD with SENATE
enjoy those facilities. It has created chaos across our econ- Well, thanks. Right before Thanks-
So this has real-world consequences. omy and across lots of families. giving, he is experiencing the ‘‘or else.’’
I look forward to working with my col- What is the situation right now in One of my constituent’s husband is
league, and I hope—I hope—we can get America dealing with COVID? facing termination. He is from another
this done before we leave, and I pledge We are on the backside of our second one of those large companies. He has
to my colleague that I will work with peak. We have seen hundreds of thou- worked for them for 30 years. He has a
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November 18, 2021 CONGRESSIONAL RECORD — SENATE S8427
secret clearance from the DOD. And his made us the most prosperous, freest this cornerstone person at this Agen-
doctor gave him an exemption because people in the world. We are entre- cy?
his cardiac numbers fluctuate so much. preneurs. We take risks. We understand They will struggle to figure out what
And he is one of those high-risk indi- the consequences for our risks. But we she did, how she did it. And people in
viduals for blood clots, which can be a also go do because we can; we are Oklahoma will get less help in that
side effect of the vaccines. So his doc- Americans. Agency because a long-term, vital civil
tor has encouraged him not to take the And now the President of the United servant is about to get run out of civil
vaccine. States has announced: I don’t care; you service because President Biden de-
So he went into his job. He asked for are going to get this, or else. cided he lost patience with her.
the medical exemption, and he was So what is the real effect of this? All That wasn’t in her civil service con-
given two forms to sign. The first of of this chaos? tract. That was never negotiated with
the forms said he had to agree to take Oh, this is just part of it. There is a any other collective bargaining rights
the vaccination or he would lose his whole lot more. agreements, never. There is no addition
job. The second form agreed that, if he How about the EMS folks that are in in any collective bargaining rights
took the vaccination, he would not sue rural Oklahoma, that are having a hard agreements for Federal employees that
the company if he had a negative reac- time actually keeping some of their they have to get a vaccine mandate if
tion. drivers and folks in because they have the President decides that they do, but
So here is a man who has to choose chosen not to take the vaccine? he decided—that is, President Biden de-
between taking the vaccine, knowing What happens in 3 weeks from now cided—he was going to take this on.
that his doctor has told him not to do when people get sick at their house or And so she is going to be discussing
it, and if he does take it, if he has a have a heart attack and EMS can’t re- over Thanksgiving what she is going to
negative reaction, the company wants spond because those folks got fired do post-retirement, wishing that she
to be held harmless for it. And he has from their jobs because the President could stay a little longer to be able to
to sign a document saying the com- said, I am losing patience? What hap- build up a few more years, and thought
pany will be held harmless for it or lose pens? she was going to be able to, but, in-
his job. I will tell you what happens. People stead, she got ran out because she and
Do you know why? die. Other families are going to strug- the President had a difference of opin-
Because President Biden said he was gle through this process as they are ion about a brandnew vaccine.
losing patience. figuring out where they are going to go Now, I have said to this group before
So this family gets to sit around over to work because they lost their career, several times—and I will say it again—
Thanksgiving not talking about foot- because the President said: I have lost I have had the vaccine. I encourage
ball but talking about whether he is patience with you. others to take the vaccine. Eighty per-
going to lose his job or possibly have a Tell me this: For the person that is cent of Americans who are 12 years old
blood clot in the hospital. the JAG officer in the military, works or older have had the vaccine.
Which would you like to have that in the National Guard, and for what- There are plenty of Americans who
conversation on over Thanksgiving? ever reason—whether it is a religious have had the vaccine who support the
There is a company that does elec- accommodation, medical accommoda- vaccine but do not want their next
trical engineering that also has one of tion, or whatever it might be—they door neighbor to get fired because they
those Federal contracts they talk chose not to take this vaccine, when disagree on the vaccine. In fact, I don’t
about. Some of the employees don’t do they get a dishonorable discharge, know a lot of people who do, though I
the Federal contracting. They work for what happens to them? have met some that are just that
other issues. Fifty people of the 250 in They lose their law license is what heartless to be able to say: I don’t care
the company have said they don’t want happens to them. They are disbarred, what you think. I want to feel better
to take the vaccine, and so they are in and they are no longer practicing their forcing you to go get the vaccine.
the process of losing their jobs. And profession. I have met some of those folks, but I
What happens to the State trooper in don’t meet many of them. Most of
that company will not be able to fulfill
Oklahoma that also serves on our Na- them say: I freely made the decision;
its Federal contract because hiring 50
tional Guard? they should be able to freely make the
more electricians is not that simple When they get dishonorably dis-
right now with the economy that we decision, as well.
charged, they don’t just lose their mili-
are currently in. But apparently that is not where the
tary career; they lose their civilian ca-
A constituent told us that her em- President is and, unfortunately, that is
reer.
ployer is going to lay her off on Decem- not where some of my Democratic col-
What happens to the nurse or doctor
ber 8 because she hasn’t had the vac- leagues are because multiple times we
that serves with the National Guard?
cine yet. So she will spend Thanks- have brought an end to the vaccine
When they get drummed out, what hap-
giving discussing this with her family mandates to multiple committees in
pens?
as she approaches the time where she is They lose their military career and multiple places over the last several
about to be laid off. She works in one their civilian career. That is what hap- months and it gets knocked down
of those companies that has a Federal pens. every time.
contract. She reached out to her pri- Do you know why? Just this week, we filed a Congres-
mary care doctor, who is at the VA, by Because the President decided he was sional Review Act dealing with just the
the way, and the VA instructed her losing patience with the American peo- OSHA piece. We have another one com-
that they are not writing exemptions ple and they have to do what he says to ing dealing with all those on CMS to
for medical exemptions. do, not what they want to do. That is make a simple statement: We have got
She is on her own. why all this chaos is happening. to stop this vaccine mandate. It is
Why? I heard from a constituent, 28 years causing chaos in our families. It is
Because the President is losing pa- of Federal service—28 years of Federal causing chaos in our economy, and
tience, and he has decided he is going service. I am not going to give the ad- anyone who doesn’t think it is is not
to throw all of these families in chaos ministration that they work in, but talking to people at home.
or they are going to lose their job, be- they work behind the scenes in an ex- So we will bring this in the next 18
cause he said so. ceptionally important, exceptionally days to the floor of this Senate, and we
Why have I been fighting this man- difficult task—serving their neighbors will force a vote on it and put everyone
date since September 9 when the Presi- as a Federal employee. She doesn’t on record: Do you stand with the Amer-
ctelli on DSK11ZRN23PROD with SENATE
dent actually announced it? want to retire, but she doesn’t want to ican people, who strongly affirm the
Because it was obvious to me what take this vaccine either. vaccine but strongly oppose the man-
was coming. It was this. So do you know what she is doing? date, or will you be one to say: I don’t
Everyone could see it, apparently, She is retiring. care. I stand with the President. I am
but the White House. Americans are And what is going to happen in this losing patience with people, this 20 per-
stubborn people. That is what has agency in Oklahoma when they lose cent that haven’t done the vaccine. I
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S8428 CONGRESSIONAL RECORD — SENATE November 18, 2021
am losing patience with them, and I from them is that they weren’t con- for the people in my State to be able to
am just going to force them to do it, as sulted through the process of devel- make their own decisions, it has been
well—because that decision is coming oping this new vaccine mandate and all difficult to be able to talk to people in
to every single person in this body. the exemptions that should be in place. the struggles that they have.
This could be turned off right now, Can I just tell the workers of my Let me read one. This gentleman
and one section of it already is turned State and the workers across the coun- wrote to me:
off. The Fifth Circuit Court reached in try a simple thing? If your employer I retired after 20 years of Active-Duty serv-
on the issue of private employers and will not accept your religious accom- ice in the military to enjoy time with my
said that this was way overly broad of modation that you put in or your med- family and the supreme blessings of freedom
the President. No kidding. It was un- ical exemption that you put in—if they and peace our country has secured at the ex-
constitutional for the President to do not accept those—you need to go to pense beyond human measure. Now, many of
reach into companies and to say: I the EEOC and file a complaint because our undaunted servicemembers and veterans
don’t care who it is, how important the EEOC has rules about terminations alike face possible unemployment because
we refuse to take a vaccine. Some are being
they are to the company. If you don’t that are inappropriate terminations. If
coerced into taking it because they can’t
make them do the vaccine, you have to individuals are being terminated from support their families while unemployed.
fire them. private companies, even if they are The very people who risked their lives and
The Fifth Circuit said you cannot do Federal contractors or Federal employ- the well-being of their children face persecu-
that. Thank you, Fifth Circuit, for fi- ees, I encourage you to go to the EEOC tion for a personal medical choice.
nally joining in on that. and file a complaint if they are not His comment to me: This is not
OSHA has now said that they are not hearing your medical accommodation American.
going to enforce that, but there are or your religious accommodation. That
lots of other companies that have done I agree. That is why we are fighting
is your right as an American.
it anyway. And, I will tell you, for this this. That is why we are continuing to
When the President of the United
individual in Eastern Oklahoma who push this. That is why we are bringing
States is running over your rights, you
has already been fired and lost his a Congressional Review Act up to put
have every right to be able to appeal
house, it is too late for him for sud- every single person in this body on
that personally. You don’t have to hire
denly the Biden team to say: Just kid- record: Do you support forcing people
an attorney. You can file that com-
ding. We are going to pull that back. to take a vaccine or be fired, or not?
plaint on your own to be able to make
His life has already been wrecked by sure that your employer knows that I do not, and I hope that 99 other of
you. you are filing an EEOC complaint my colleagues also do not.
What else is happening? I have against them for inappropriate termi- I yield the floor.
reached out to multiple different Agen- nation, for not accepting your medical The PRESIDING OFFICER (Ms. COR-
cies to be able to talk this through. It exemption and your religious accom- TEZ MASTO). The Senator from Kansas.
has been fascinating to me, when I modation. NOMINATION OF SAULE OMAROVA
have talked to different Agencies. By Interestingly enough, when I ap- Mr. MORAN. Madam President, I rise
the way, the Federal Agency mandate proached the Office of Management and today to express my opposition to
for all Federal employees is next week Budget a month ago about how they President Biden’s nominee to be Comp-
to be able to have that done. But when are going to handle religious accommo- troller of the Currency, Dr. Saule
I talk to leaders of Agencies of mul- dation, they said: It is not the business Omarova.
tiple different Departments across this of Federal workers to decide and indi- Although not the most publicly
town, none of them seem to know how viduals’ faith. We are just going to ac- known office, the Comptroller of the
many of their employees have actually cept that. Currency is a prominent and influen-
been vaccinated yet—none of them. But when the document came out, tial position that regulates and super-
They all say: Well, we think it is quite there was a six-part test of whether vises all national banks. Given the un-
a few. you are religious enough to be able to deniable importance of this office to
I say: How many folks have not been turn down the vaccine. They literally the economy and to Americans, it has
vaccinated? created a six-part test that every su- long been kept free of divisive politics
We have x number of folks who have pervisor can go through and check to and extreme views.
been reported to us, but they don’t determine if you are religious enough
seem to know. It has become chaotic. While I talk about the Office of the
to be able to turn this down.
For Federal workers, their unions Comptroller of the Currency and I talk
This would be the first time that I
have finally stepped in—finally. I have about banks, my concerns are certainly
know of that the Federal Government
been shocked at how slow the Federal more than just the financial institu-
has actually reached into an entity, to
unions were to this. They finally tions that are in our country’s econ-
individuals, and said: We are going to
stepped up and asked for an extension omy. It is the people, their customers
decide for you how religious you are.
of the President to say: Don’t put the That is how crazy this has become. who are served, that bother me or
mandate down for next week. Give peo- I encourage you, again, if individuals worry me the most.
ple more time because, literally, people have said that you are not religious Rather than offer practical ideas for
are sitting around over Thanksgiving enough to be able to ask for this ac- strengthening our Nation’s banks, Dr.
deciding whether they are going to commodation, go to the EEOC, file a Omarova advocates for the elimination
keep their job or not. complaint against your employer— of all commercial banks—the very fi-
And if 10 to 20 percent of the work- whether that be a Federal Agency, nancial institutions she should be in-
force across the Federal workforce whether that be a private entity—and terested in partnering with. Instead,
leaves, we are in such chaos that there make sure that they are well aware of she wishes to replace them with one
is no way we will be able to finish serv- what is going on. bank—one bank—the Federal Reserve.
ing people as we desperately need to be If you work in a Federal Agency and While the Comptroller might not
able to do across the Federal Govern- you have an initial appeals process have direct control of the Federal Re-
ment. that actually goes through, go through serve’s structure, the reach of the posi-
What would I recommend? I had some that. Go through that process. But if tion cannot be understated. The Office
very frank conversations with the you are denied or not heard, you do of the Comptroller is a member of the
Equal Employment Opportunity Com- have rights as an American, and I Federal Financial Institutions Exam-
mission, or the EEOC. It was inter- would encourage you to be able to ination Council, the Financial Sta-
ctelli on DSK11ZRN23PROD with SENATE
esting to me, when I visited with the stand up for your rights as an Amer- bility Oversight Council, and even the
EEOC. That is the group that protects ican against unjust hiring and unjust Board of the FDIC, an Agency Dr.
workers—Federal workers or private— firing in this process. Omarova hopes to eliminate.
from discrimination and protects work- Let me read this last letter to you. Although the doctor claims to sup-
ers from inappropriate termination. As we have fought through this process port community banks, her plan would
When I talk to the EEOC, what I hear and find every leverage point I can find relegate them to mere franchises of the
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November 18, 2021 CONGRESSIONAL RECORD — SENATE S8429
larger Federal Reserve, and her com- optimal’’ activities, a subjective defini- sia under Vladimir Putin’s rule, while
ments have alarmed many Kansas com- tion that can be interpreted to stifle his regime often ruthlessly punishes
munity bankers. They have grave con- investment. She believes Federal bu- people for minor infractions of the law.
cerns about her policies that would reaucrats should handpick who gains For those on the wrong side of the
‘‘end banking as we know it.’’ access to credit—all but ensuring left- Kremlin, the message is clear and
One Kansas banker says: ist ideas would be funded. chilling. Even the most damning evi-
I have severe concerns with the President’s Confirming her to this office would dence will not suffice to convict the
nominee to be the Comptroller of the Cur- provide Dr. Omarova with ample oppor- guilty, nor will the most exculpatory
rency. Her support of moving the payment tunity to deny funding to industries evidence spare the innocent.
system entirely through the Federal Reserve she finds politically unfavorable, in- The need for justice in Russia in this
and her commentary in favor of abolishing
cluding bankrupting our domestic en- specific case has not diminished with
the FDIC moves the entire banking system
toward a government-controlled financial ergy companies, something she spoke the passage of time. Moreover, the dou-
system. Eliminating the dual banking sys- about. bling down on the coverup of Sergei’s
tem would be disastrous for entrepreneurs While Dr. Omarova cheers on compa- murder and the massive tax heist he
and consumers alike in the marketplace. nies’ bankruptcies, jobs disappear, fam- exposed implicates a wider swath of
Another banker from Kansas said: ilies go without income, and that Russian officials with the guilt of this
We expect our regulator to supervise safety American dream that is so important heinous crime. It does not need to be
and soundness for banks in the system, not to all of us is crushed. this way, nor is it ever too late for a
to propose and force feed social agenda items Unfortunately, the doctor’s con- reckoning in this case in the very
to us. firmation hearing this morning only courtrooms that hosted the show trials
Local lenders—I certainly know this deepened my concerns. Her views have that ultimately led to Sergei’s death.
in the State of Kansas—are the corner- no place in the role of the Nation’s top As sober as this occasion is, there is
stone of many small towns, and the bank regulator. reason for hope. Vladimir Putin will
Comptroller should appreciate the She is entitled to her views. She is not rule Russia forever, and every pass-
value that community banking brings, entitled to her radical views but not as ing day brings us closer to that mo-
what I call relationship banking. They the Nation’s top bank regulator. ment when someone new will occupy
provide crucial lending services for the By nominating Dr. Omarova, Presi- his post. Who that person will be and
underbanked populations in rural and dent Biden looks to fundamentally re- whether this transition will usher in a
urban areas alike. Eliminating the one- shape banking from a market-driven Government in Russia that respects
on-one, personal approach that allows industry to a one-size-fits-all govern- the rights of its citizens and abides by
community banks to thrive will do per- ment entity. The thought of a cen- its international commitments remain
manent damage to financial inclusivity trally planned economy and a banking unclear. I hope it does. A Russian Gov-
and will further push people out of the system like that is not only unwork- ernment that returns to the fold of re-
financial system. able, but it is radical—radically wrong. sponsible, constructive European pow-
I have often said to my colleagues in Even if these ideas are just for the ers would increase global security, en-
Washington, DC, that economic devel- sake of some academic thought, Dr. hance the prosperity of its own citizens
opment in many places in Kansas is Omarova’s suggestions have consequen- and trading partners, and bring new
whether or not there is a grocery store tial impacts. This is a very powerful vigor to tackling complex inter-
in town. It didn’t take me too long to position, and we cannot—we would national challenges such as climate
realize that that answer, of whether or take her views lightly at our own risk. change.
not there is a grocery store in town, I urge my colleagues to reject this Sergei’s work lives on in his many
often revolves around whether or not nominee. colleagues and friends who are gath-
there is a community bank—a relation- I yield the floor. ering in London this week to celebrate
ship bank—in town, one that makes de- I suggest the absence of a quorum. his life and to recognize others like
cisions, certainly, on the wellness and The PRESIDING OFFICER. The him who seek justice and peace in their
the ability of the loan to be paid, but clerk will call the roll. countries, often facing and sur-
what is in the best interest of the com- The bill clerk proceeded to call the mounting seemingly impossible obsta-
munity? How can I make my commu- roll. cles. All too often, they pay a heavy
nity and my customers better off for Mr. CARDIN. Madam President, I ask price for their courageous integrity.
the way this bank operates? unanimous consent that the order for Sergei’s heroic legacy is exemplified
Another Kansas banker noted it ap- the quorum call be rescinded. in the global movement for justice
pears that Dr. Omarova is comfortable The PRESIDING OFFICER. Without sparked by his death and in the raft of
with a banking model ‘‘that lacks lus- objection, it is so ordered. Magnitsky laws that began in this
ter and the agility to serve the diverse REMEMBERING SERGEI MAGNITSKY Chamber and have now spread to over a
nature of the American banking indus- Mr. CARDIN. Madam President, 12 dozen countries, including allies like
try.’’ years ago this Tuesday, Russian tax Canada, the United Kingdom, and the
With a banking model that would lawyer Sergei Magnitsky died in Mos- European Union. Even as these laws
provide no incentive to create innova- cow at the hands of prison guards who, help protect our countries from the
tive new products, consumers would no instead of treating him for the acute corrupting taint of blood money and
longer benefit from the financial mod- illness that his torturous, yearlong de- deny abusers the privilege of traveling
ernization that has brought so many tention provoked, beat him for over an to our shores, they also remind those
people into the banking sector, so hour. He was found dead in his cell who suffer human rights abuses at the
many customers to the banking sector. shortly thereafter. His ‘‘crime’’ was ex- hands of their own governments that
Consumers are best served by a finan- posing the largest tax fraud in Russian we have not forgotten them.
cial system that offers competitively history, perpetrated by government of- Sergei Magnitsky is a reminder to all
priced loans and lets lenders invest ficials. He was 37 years old and left a of us that one person can make a dif-
back in their local communities. loving family and many friends. ference. In choosing the truth over lies
We must continuously work to im- At the Helsinki Commission, which I and sacrifice over comfort, Sergei
prove our financial sector for everyone, chair, we had heard of Sergei’s plight made a difference that will never be
but forcing consumers to bank with the months earlier, and we were saddened forgotten.
government would do so much more and outraged that such a promising life Fifty-five years ago, Senator Robert
harm than good. Kansans want less had been cut short and that so few ex- F. Kennedy addressed the National
ctelli on DSK11ZRN23PROD with SENATE
government in their lives, not more, as pected his murderers to be held to any Union of South African Students and
this would be. account. spoke about human liberty. He spoke
Under Dr. Omarova’s proposal, the Impunity for the murder of journal- about freedom of speech and the right
government would have mandatory ists, activists, opposition politicians, to ‘‘affirm one’s membership and alle-
seats on bank boards and be able to and now simply an honest citizen was giance to the body politic—to society.’’
control investments in ‘‘socially sub- and remains a depressing cliché in Rus- He also spoke about the commensurate
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S8430 CONGRESSIONAL RECORD — SENATE November 18, 2021
freedom to be heard, ‘‘to share in the Mrs. SHAHEEN. Mr. President, I ask who continue to have holds on critical
decisions of government which shape unanimous consent that the motion to nominees who are important to this
men’s lives.’’ He stated that govern- reconsider be considered made and laid country’s national security. As I talk
ment ‘‘must be limited in its power to upon the table, all without intervening to U.S. allies, it is clear that the delay
act against its people so there may be action or debate; that no further mo- in sending Ambassadors to posts
no . . . arbitrary imposition of pains or tions be in order to the nomination; around the world is having a real im-
penalties on an ordinary citizen by offi- that any statements related to the pact on our relations with our part-
cials high or low.’’ nomination be printed in the RECORD; ners; and in the absence of U.S. rep-
Senator Kennedy went on to say: that the President be immediately no- resentation, they are questioning our
Each time a man stands up for an ideal, or tified of the Senate’s action; and that commitment to our bilateral relation-
acts to improve the lot of others, or strikes the Senate resume legislative session. ships.
out against injustice, he sends forth a tiny The PRESIDING OFFICER. Without Now, I would like to think that my
ripple of hope, and crossing each other from objection, it is so ordered. colleagues who have put these holds on
a million different centers of energy and dar-
f our nominees aren’t doing it in an ef-
ing, those ripples build a current which can fort to undermine America’s security
sweep down the mightiest walls of oppression LEGISLATIVE SESSION and to undermine this administration
and resistance. in protecting the United States, but,
Sergei Magnitsky stood up for an clearly, that is the impact of what they
ideal. He acted to improve the lot of NATIONAL DEFENSE AUTHORIZA-
are doing.
others. He struck at injustice. He was TION ACT FOR FISCAL YEAR I have heard from a lot of my col-
and remains a ripple of hope. 2022—MOTION TO PROCEED—Con- leagues over the last months about
On this sad anniversary of Sergei tinued U.S. standing in the world after our
Magnitsky’s murder, let us all recom- The PRESIDING OFFICER. The Sen- withdrawal from Afghanistan. Yet, as
mit ourselves to helping those in Rus- ate will now resume legislative session. they are blocking administration
sia and around the world who seek The Senator from New Hampshire. nominees who would work with our al-
their rightful share in the governance CONFIRMATION OF JULIANNE SMITH lies, who would engage in our shared
of their own countries and who deserve Mrs. SHAHEEN. Mr. President, I priorities and values, who would listen
the confidence of doing so without fear would also like to speak to Julie Smith to concerns, and who could work to-
of harm. If we do this, Sergei will not and her qualifications to be Ambas- gether, they are just exacerbating any
have died in vain. sador to NATO. issues that may exist.
I am confident that one day there Julie is, really, very well qualified to I don’t know why they are doing this,
will be a monument in stone and represent the United States within our but, right now, there are 58 other State
bronze to Sergei in his native Russia. biggest and most significant security Department nominees who are await-
Until that day, the law that bears his alliance. Her 25-year career has focused ing confirmation on the floor. Every
name will serve as his memorial. on transatlantic relations and security. day that passes that we have no Am-
I suggest the absence of a quorum. She has served the country as Deputy bassadors in place in countries around
The PRESIDING OFFICER. The National Security Advisor and Acting the world, our national security is
clerk will call the roll. National Security Advisor to then-Vice compromised, and I have got a very
The bill clerk proceeded to call the President Biden. close-to-home example.
roll. In 2012, she was awarded the Office of Earlier today, I met with Diane
Mrs. SHAHEEN. Mr. President, I ask the Secretary of Defense’s Medal for Foley, the mother of James Foley, who
unanimous consent that the order for Exceptional Public Service. She has was the first American killed by ISIS,
the quorum call be rescinded. and she has done yeoman’s work with
worked at some of the country’s most
The PRESIDING OFFICER (Mr. her foundation to try to help the fami-
esteemed think tanks that address Eu-
WARNOCK). Without objection, it is so lies of hostages who are being held in
ropean issues.
ordered. countries around the world. She was
As the U.S. confronts challenges
talking about what we could do to help
f around the world, we need to convey
those families and to do everything to
our firm commitment to our allies and
EXECUTIVE SESSION try and help them get their loved ones
our alliances. For this reason, it is ab-
back—to free the hostages who are
solutely critical that we put Julie
being wrongly held around the world.
Smith in place as Ambassador to NATO Well, one of the things we talked
EXECUTIVE CALENDAR as soon as possible. about is the fact that, in many of those
Mrs. SHAHEEN. Mr. President, I ask I am really very pleased that those countries, we don’t have Ambassadors
unanimous consent that the Senate who had a hold on her nomination have because we have holds on those folks
proceed to executive session to con- finally lifted those holds. It is unfortu- who are so important to help those
sider Executive Calendar No. 437, nate that it has taken so long because, families and to help address American
Julianne Smith, of Michigan, to be as we look at what is happening in interests in those countries. So what
United States Permanent Representa- Eastern Europe in particular, and as our colleagues are doing by holding up
tive on the Council of the North Atlan- we look at the migrants who are being these nominees is undermining the na-
tic Treaty Organization, and that the used by Belarus—and I assume that tional security of the United States.
Senate vote on the nomination without Vladimir Putin is behind this, as well, By grinding to a halt our State Depart-
intervening action or debate. to send those migrants to the Polish ment nominees, a small group of my
The PRESIDING OFFICER. Without border as a way to distract from what Republican colleagues has allowed par-
objection, it is so ordered. is happening in Eastern Europe—clear- tisan brinkmanship to pervade a crit-
The clerk will report the nomination. ly, the more equipped NATO is to help ical aspect of our national security.
The bill clerk read the nomination of deal with those challenges, the better. You know, there was a very impor-
Julianne Smith, of Michigan, to be If we are going to participate with tant principle established after World
United States Permanent Representa- NATO, we need to have an Ambassador War II about partisan politics ending
tive on the Council of the North Atlan- on the ground. It should have happened at the water’s edge. It is unfortunate
tic Treaty Organization, with the rank several months ago, when she was nom- that my colleagues on the other side of
and status of Ambassador Extraor- inated. So I am very pleased that she is the aisle are not continuing to support
dinary and Plenipotentiary. going to be able to assume her ambas- that principle.
ctelli on DSK11ZRN23PROD with SENATE
There being no objection, the Senate sadorship very soon. As co-chair of the We are stronger and safer when our
proceeded to consider the nomination. Senate NATO Observer Group, I look diplomatic corps—those individuals
The PRESIDING OFFICER. The forward to working with her in her new who support Americans and U.S. for-
question is, Will the Senate advise and role. eign policy around the world—are sup-
consent to the Smith nomination? But this should serve as a wake-up ported by capable, Senate-vetted, and
The nomination was confirmed. call to those people in this Chamber Senate-confirmed Ambassadors.
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