Senate Proceedings on H.R. 4350, the NDAA, November 30, 2021 — Congressional Record
Summary
Congressional Record, Senate, Tuesday, November 30, 2021, No. 206 (pages S8805 and S8806). The Senate resumes consideration of the bill to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense. Schumer, recognized as majority leader, says Republicans mounted a partisan filibuster blocking the bill, describes a motion to reconsider the cloture vote, and gives the committee vote as 23 to 3; he also addresses government funding, the debt limit and Build Back Better. Durbin, under the heading Remembering Major Ian Fishback and Guantanamo Bay Closure, speaks about Fishback, who died at the age of 42.
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“Senate Proceedings on H.R. 4350, the NDAA, November 30, 2021 — Congressional Record.”
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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, TUESDAY, NOVEMBER 30, 2021 No. 206
Senate
The Senate met at 10 a.m. and was HICKENLOOPER, a Senator from the State of spending months insisting that the
called to order by the Honorable JOHN Colorado, to perform the duties of the Chair. Senate should take swift action on our
W. HICKENLOOPER, a Senator from the PATRICK J. LEAHY, annual Defense bill, last night, Repub-
President pro tempore.
State of Colorado. licans mounted a partisan filibuster,
Mr. HICKENLOOPER thereupon as- blocking this Chamber from moving
f
sumed the Chair as Acting President forward on the NDAA.
PRAYER pro tempore. For the information of all, before the
The Chaplain, Dr. Barry C. Black, of- f vote closed last night, I changed my
fered the following prayer: vote to ‘‘no’’ and then entered a mo-
RESERVATION OF LEADER TIME
Let us pray. tion to reconsider the cloture vote so
The ACTING PRESIDENT pro tem- we could find a path forward on this
Eternal God, who protects us like a pore. Under the previous order, leader-
mighty fortress, thank You for pro- important bill.
ship time is reserved. Now, we have heard over and over
viding our lawmakers with Your wis-
f and over again from Republicans, in
dom, guidance, and strength. Lord,
some form or another, that the Senate
continue to bless them, for You know CONCLUSION OF MORNING
must act on NDAA and must act quick-
their needs, motives, hopes, and fears. BUSINESS
ly. One Republican colleague called it a
When our Senators grow faint and The ACTING PRESIDENT pro tem- core duty, a bare minimum. Yet an-
weary and the night overtakes them, pore. Morning business is closed. other colleague said it was ‘‘the best
renew their strength and enable them f way to thank our soldiers and sailors
to soar on wings like eagles. May the for their service.’’
different approaches expressed by both NATIONAL DEFENSE AUTHORIZA-
But, last evening, Republicans
parties contribute to greater solutions TION ACT FOR FISCAL YEAR 2022
blocked legislation to support our
to the problems in our Nation and The ACTING PRESIDENT pro tem- troops, support their families, keep
world. pore. Under the previous order, the Americans safe, and support jobs
We pray in Your merciful Name. Senate will resume consideration of across the entire country. Republican
Amen. H.R. 4350, which the clerk will report. dysfunction has again derailed even bi-
f The senior assistant legislative clerk partisan progress on our annual de-
read as follows: fense bill—an outrageous outcome that
PLEDGE OF ALLEGIANCE A bill (H.R. 4350) to authorize appropria- shows how the Senate and Republican
The Presiding Officer led the Pledge tions for fiscal year 2022 for military activi- leadership have changed in recent
of Allegiance, as follows: ties of the Department of Defense, for mili- years.
tary construction, and for defense activities Previous leaders, knowing that
I pledge allegiance to the Flag of the
of the Department of Energy, to prescribe Democrats had offered Republicans a
United States of America, and to the Repub-
military personnel strengths for such fiscal
lic for which it stands, one nation under God, whole lot of amendments, would have
year, and for other purposes.
indivisible, with liberty and justice for all. said: ‘‘Let’s vote cloture’’—but not this
Pending: leader, not yet.
f
Reed/Inhofe Modified Amendment No. 3867, And there should be no mistake: The
APPOINTMENT OF ACTING in the nature of a substitute. process that Democrats, and particu-
PRESIDENT PRO TEMPORE Reed Amendment No. 4775 (to Amendment larly my colleague Chairman REED,
No. 3867), to modify effective dates relating have offered Republicans on NDAA has
The PRESIDING OFFICER. The to the Assistant Secretary of the Air Force
clerk will please read a communication for Space Acquisition and Integration and
been more than fair and reasonable.
to the Senate from the President pro the Service Acquisition Executive of the De- For months, my colleagues in the
tempore (Mr. LEAHY). partment of the Air Force for Space Systems Armed Services Committee have been
The senior assistant legislative clerk and Programs. working to produce a bipartisan prod-
read the following letter: uct that could come to the floor for a
RECOGNITION OF THE MAJORITY LEADER
vote.
U.S. SENATE, The ACTING PRESIDENT pro tem-
PRESIDENT PRO TEMPORE,
The bipartisan Reed-Inhofe agree-
pore. The majority leader is recog- ment—a Reed-Inhofe agreement—was
Washington, DC, November 30, 2021. nized.
To the Senate: what we brought to the floor yesterday
H.R. 4350 to vote on.
Under the provisions of rule I, paragraph 3,
of the Standing Rules of the Senate, I hereby Mr. SCHUMER. Mr. President, after During the markup, Members consid-
appoint the Honorable JOHN W. spending—this is on NDAA. After ered 321 amendments and adopted 143
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∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
®
S8805
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S8806 CONGRESSIONAL RECORD — SENATE November 30, 2021
bipartisan ones before reporting the As soon as tomorrow, the House is All this we want to tackle before the
bill out of committee by a vote of 23 to expected to take action to pass a CR Christmas break. So we will keep
3—23 to 3, bipartisan. that will fund the government into working this week and until we get it
In preparation for the Senate floor, next year. Senate Democrats are ready done.
the managers worked on a substitute to pass this legislation and get it done I yield the floor.
amendment, which had at least 50 as quickly as possible. The ACTING PRESIDENT pro tem-
amendments—27 of them, the majority, To avoid a needless shutdown, Repub- pore. The majority whip.
from Republicans. Senator INHOFE, the licans will have to cooperate and ap- REMEMBERING MAJOR IAN FISHBACK AND
ranking member of the Armed Services prove the government funding legisla- GUANTANAMO BAY CLOSURE
Committee, worked with Democrats tion without delay. If Republicans Mr. DURBIN. Mr. President, earlier
and had agreed to this. choose obstruction, there will be a this month, while we were all home for
And on top of all that, Senators REED shutdown entirely because of their own the Thanksgiving recess, an American
and INHOFE also reached a bipartisan dysfunction. patriot passed away. His name was
agreement to hold votes on 19 amend- We cannot afford to go down that MAJ Ian Fishback.
ments here on the floor before Repub- road. As winter begins, the last thing During his life, Major Fishback de-
licans blocked that proposal 2 weeks Americans need right now is an avoid- fended our Nation during four tours of
ago. able, Republican-manufactured shut- duty in Iraq and Afghanistan. He was
Nineteen amendment votes—19—that down that will potentially harm mil- an accomplished scholar, with degrees
is more than the total number of lions of Federal workers, harm their from both West Point and the Univer-
amendments to NDAA that received families, and harm local communities sity of Michigan, and a lifelong cham-
votes under the Republican majority that rely on an open and functioning pion of justice.
and under Leader MCCONNELL when we Federal Government. Tragically, like too many of our Na-
debated this bill in 2017, 2018, 2019, and Democrats are going to work all tion’s veterans, Major Fishback’s life
2020—not more than in each year, more week to make sure no government ended far too soon. He died at the age
than all of them put together. shutdown comes to pass, and we urge of 42. Though his time on Earth was
We just had 2 amendments on NDAA our Republican colleagues to work short, he left behind a legacy. He
in 2017, when MCCONNELL was majority with us. changed our Nation for the better. He
DEBT LIMIT
leader. We had 5 in 2018, when MITCH inspired the Members of the Senate to
MCCONNELL was majority leader; 3 in Mr. President, on debt limit, also, make a historic stand against injus-
2019; and 7 in 2020. Adding that up, that soon the Senate must take action to tice.
is a total of 17. That is over 4 years. assure that the United States does You see, in 2005, while Major
This year, we offered 19 amendment not—does not—default on its sovereign Fishback was serving as captain in the
votes, including bipartisan measures to debt for the first time in history. I re- U.S. Army infantry, he spoke out
combat ransomware, repeal the 2020 cently had a good conversation with against America’s inhumane treatment
Iraq AUMF, and support improved the Republican leader about this issue, of detainees after 9/11. In a letter to
cyber defense of our critical infrastruc- and I expect to continue those talks on then-Senators John McCain and John
ture. But when we tried to get consent achieving a bipartisan solution to ad- Warner, Major Fishback wrote: ‘‘I have
to move on this package of amend- dressing the debt limit. been unable to get clear, consistent an-
By now we know the dangers of an
ments, our Republican colleagues came swers from my leadership about what
unprecedented default. Secretary
down to the floor and objected not once constitutes lawful and humane treat-
Yellen has warned that failure to ex-
but seven times. ment of detainees. I am certain that
tend the debt ceiling would ‘‘evis-
So we have had ample debate. This this confusion contributed to a wide
cerate’’ our economic recovery and
has been a fair and reasonable process range of abuses including death
says our country could yet again slip
that has showed respect to the other threats, beatings, broken bones, mur-
into ‘‘a deep recession.’’
side. But this is a new Republican Both parties know that this is simply der, exposure to elements, extreme
Party, unfortunately, and it was not unacceptable, and so I look forward to forced physical exertion, hostage-tak-
good enough for them even on the De- achieving a bipartisan solution to ad- ing, stripping, sleep deprivation and de-
fense bill. dressing the debt limit soon. grading treatment. I and troops under
Passing the annual Defense bill my command witnessed some of these
BUILD BACK BETTER
should not be in question, and Repub- abuses in both Afghanistan and Iraq.’’
Mr. President, finally, on Build Back
licans’ blocking this legislation is Major Fishback’s courageous letter
Better, before we hit Christmas Day, it
harmful to our troops, to their families shed light on the atrocities that were
is my goal to have the Senate take ac-
who sacrifice so much, and to our ef- being committed shamefully in the
tion to debate and pass President
forts to keep Americans around the Biden’s Build Back Better legislation. name of our Nation, and he felt that he
world safe. This week, Senate Democrats will had ‘‘failed’’ the servicemembers under
Now, we Democrats are not going to focus on continuing to meet with the his command. The reality is, our lead-
let Republican intransigence stop us. Parliamentarian so we can finish mak- ers failed Major Fishback.
We are going to keep working forward ing the technical and procedural fixes In the wake of 9/11, the Bush adminis-
on a path forward, and we hope our Re- necessary for reconciliation. Once that tration tossed aside our constitutional
publican colleagues, as they discuss is complete, it will be time to bring principles as well as the Geneva Con-
this among themselves, will see the Build Back Better here to the floor of ventions. By condoning torture, they
light and come up with a fair proposal the Senate. dishonored our Nation and actually en-
to allow this bill to go forward. I have said many times before that dangered our servicemembers.
Nineteen amendments—a total of 17 nobody should expect legislation of After reports emerged about horrific
on all the other NDAA bills—to say this magnitude to be easy. We have abuses at Abu Ghraib in Iraq, I tried
that we are being unfair, to say that we been at the task for several months, for a year and a half to pass legislation
are not giving enough amendments is but we need to take a step back and to make it clear that cruel, inhuman,
poppycock, and they know it. recognize that we are, hopefully, less and degrading treatment of detainees
Let’s move forward. Let’s move for- than a month away from acting on the was illegal. Two military heroes, my
ward. largest investment the American peo- former colleague Senator John McCain
GOVERNMENT FUNDING ple have seen in generations. and Major Fishback, turned the tide in
Mr. President, now on government Here is what we are going to do in this effort.
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funding, there is another critical pri- this bill: lower the cost of childcare, In speaking out, Major Fishback ral-
ority that the Senate must also ad- make pre-K universally accessible, cut lied the Members of this Chamber to
dress before the week’s end: passing a taxes for parents and working and mid- support a torture amendment authored
continuing resolution that will keep dle-class families, and take the next by Senator McCain and myself, which
the government funded beyond the De- bold step in our fight against the cli- was added to the defense spending
cember 3 deadline. mate crisis. package for that year over a veto
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November 30, 2021 CONGRESSIONAL RECORD — SENATE S8807
threat from the George W. Bush admin- Let’s be clear. Majid Khan is a 13 have already been approved for
istration. That provision explicitly former member of al-Qaida who should transfer. That works out to nearly $14
banned inhumane treatment of any be held accountable for his actions, but million a year on each prisoner like
prisoner held by the American Govern- there is no justification for torture. Majid Khan—$14 million a year. Let me
ment—on American soil or overseas. It Mr. Khan recounted being abused in put that in perspective for a moment.
set us on a course to restoring Amer- unspeakable, unthinkable ways by our That is enough money to expand Med-
ican values that were cast aside after 9/ government, including being icaid coverage to 1.5 million Americans
11—work that is still ongoing 20 years waterboarded and shackled to a ceiling over 10 years.
later. until his ankles swelled with blood. In Setting aside the cost, we have to ac-
We have a defense bill before us on one part of his testimony, he described knowledge the larger truth. Guanta-
the floor with many things in it that a CIA medic sexually violating him namo does not reflect who we are or
are positive, and I will vote for it. But with a garden hose. should be. Indefinite detention without
it is a moment to also reflect that this As Mr. Khan shared the excruciating charge or trial is antithetical to Amer-
bill does more than protect our Nation details of his torture, the members of ica’s values. Yet more than two-thirds
and help our troops; it also protects the jury listened closely. But pay heed: of the people detained in Guantanamo
our values. That is why I have an These weren’t average citizens sitting today have never been charged with a
amendment to this bill, which I hope on the jury; they were Active-Duty, crime. How can that be any form of
we will have a chance to offer, that will senior military U.S. officials on the justice?
close the detention facility at Guanta- jury. When the hearing concluded, With or without the amendment I
namo Bay once and for all. these high-ranking military leaders did have introduced to this year’s Defense
Since the first group of detainees was something unheard of. Seven of the authorization, we must accelerate the
brought to Guantanamo in January of eight jurors signed a handwritten let- timeline to finally close Guantanamo.
2002, four different Presidents have pre- ter recommending clemency for Majid As I mentioned, 39 prisoners, $500 mil-
sided over the facility. In that time, Khan. This is what they concluded, and lion a year?
the Iraq war has begun and ended, and I want to quote it word for word: ‘‘Mr. President Biden transferred his first
the war in Afghanistan, our Nation’s Khan has been held without the basic detainee earlier this summer, but that
longest war, has come to a close. A due process under the U.S. Constitu- pace—one every 6 months—is not going
generation of conflict has come and tion. . . . [He] was subjected to phys- to set us on course to finally close
gone. Yet the Guantanamo detention ical and psychological abuse well be- Guantanamo. Like the war in Afghani-
facility is still open, and every day it yond approved enhanced interrogation stan, America’s failures in Guanta-
remains open is an affront to our sys- techniques, instead being closer to tor- namo must not be passed on to another
tem of justice and the rule of law. It is ture performed by the most abusive re- administration or to another Congress.
where due process goes to die. That is gimes in modern history. . . . [T]his Can this Senate summon the courage
precisely why military officials, na- to finally close this detention facility?
abuse was of no practical value in
tional security experts, and leaders on I would like to test it on the floor of
terms of intelligence or any other tan-
both sides of the aisle have demanded the Senate. As a matter of fact, isn’t
gible benefits to U.S. interests.’’
its closure for years. Remember, I have just quoted these that why we are elected—to test a
The facility was virtually designed to
senior U.S. military officials who sat basic question like that?
be a legal black hole where detainees Next week, the Judiciary Committee
on a jury where this man was being
can be held incommunicado—beyond is going to hold a hearing on how we
tried, and they, in a handwritten let-
the reach of law—and subjected to un- can close Guantanamo once and for all.
speakable torture and abuse. In the ter, wrote what I just read.
Now, that last point is crucial. The There are more steps the Biden admin-
words of a former senior official in the istration can take to accelerate this
human rights abuses committed in
Bush administration, Guantanamo ex- closure. One is by appointing a special
Guantanamo and CIA black sites are
isted in ‘‘the legal equivalent of outer
not merely inhumane; they don’t work. envoy to the State Department to ne-
space.’’
They are ineffective. gotiate transfer agreements for those
It was created to circumvent the Ge-
neva Conventions. What are those con- Khan testified: ‘‘I lied just to make inmates who are scheduled to be trans-
ventions? We know. They were the the abuse stop.’’ ferred—13 of the 39—to transfer them
internationally accepted standard of Torturing him brought us no clarity, to other nations.
brought us no truth, and brought us no We must also reach swift resolution
humane treatment for detainees and
closer to eradicating terrorism. In- in the remaining cases where charges
prisoners. Guantanamo was designed to
stead, stories about the torture of pris- have been brought, instead of moving
circumvent it and other longstanding
treaties. This subversion of justice has oners at Guantanamo have only galva- forward with military commissions.
harmed detainees, it has undermined nized America’s enemies. They have Let’s finally accept the obvious: Mili-
our moral standing, and it has failed to been packaged into propaganda and re- tary commissions are not the answer in
deliver justice, which it promised. cruitment tools for terrorism, which in Guantanamo and have not been for 20
For two decades, the families of turn endangers our service men and years. If there is one lesson we can
Americans who died on 9/11 have waited women as well as our allies. learn from the shameful legacy of
for the alleged conspirators, who are These accounts of abuse have also di- Guantanamo, it is that we need to
being detained in Guantanamo, to be minished our international standing. trust our system of justice. The use of
brought to justice. For 20 years, they How can we claim credibility as a na- torture and military commissions that
have been waiting, but the case still tion? How can we hold authoritarian deny due process have hindered our
hasn’t come to trial. Imagine. If justice dictators accountable if they can point ability to bring terrorists to justice.
delayed is justice denied, how can this to our own legacy of cruelty and indefi- Going forward, we should adhere to the
be justice at Guantanamo? Instead, the nite detention? The man was held for long-held values of humane treatment
facility has become a symbol for 20 years, and others are still being held and the rule of law.
human rights abuse, lawlessness, and without being brought to trial. Our Federal courts have proven more
everything Major Fishback decried in Worse yet, the degrading conditions than capable of handling even the most
his letter to Senator McCain. at Guantanamo are being funded by serious, complex terrorism cases. Since
The stories out of Guantanamo and American taxpayers. How much is the 9/11, hundreds of terrorism suspects
CIA black sites are shocking. Let me cost of Guantanamo? Astronomic, that have been tried and convicted in our
tell you one of them. is how high it is. We spend more than Federal courts, and many are now
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Last month, Guantanamo detainee $500 million a year to keep Guanta- being safely held in Federal prisons.
Majid Khan testified before a military namo open—$500 million. Half a billion Compare that to the military commis-
jury about the abuse he suffered in the dollars a year American taxpayers are sion case against the alleged conspira-
facility and in CIA black sites. It was wasting to detain how many people for tors behind 9/11. It still hasn’t come to
the first time a detainee has described half a billion dollars? Thirty-nine. trial more than two decades after that
his torture at a CIA black site. Thirty-nine prisoners, $500 million, and horrendous attack. The families who
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S8808 CONGRESSIONAL RECORD — SENATE November 30, 2021
lost loved ones on that day deserve bet- Risch and Cruz have proposed language Here is what he says:
ter. America deserves better. And concerning this Putin pipeline that the We’ve seen the cost of our ‘‘sharing
American patriots like Major Fishback House was able to pass almost unani- Thanksgiving basket’’ go up this year by 14.5
deserve better as well. mously. Unlike the House provision, percent. . . . We’ve seen our costs go up by
We all deserve better than these the Risch-Cruz amendment includes a about 50 percent. The transportation compo-
black holes that violate our national waiver provision that would give the nent of that is literally doubled.
values and make true legal account- President more flexibility, which And he also explained that, since in-
ability impossible. makes the Democratic leader’s effort flation is also hammering his contribu-
As Major Fishback wrote to Senator to shut the process down and block tors, charities and nonprofits may face
McCain all those years ago, ‘‘If we their amendment all the more baffling. ‘‘donor fatigue’’ at precisely the time
abandon our ideals in the face of adver- If there is opposition to the amend- they cannot afford a fall-off. The
sity and aggression, then those ideals ment—if it can be improved with modi- Democrats’ inflation is hitting, lit-
were never really in our possession.’’ fications—then, by all means, let’s erally, every part of our society.
It is time to live up to those ideals have a public debate. A famous economist once said that
that our troops have risked their lives Likewise, Senator PORTMAN has been inflation is the only form of tax that
to defend. a leading voice for bolstering our Euro- can be levied without any legislation,
It is time, at long last, to face reality pean partners and delivering more but what is remarkable about 2021 is
and honestly say, Close the detention meaningful support to Ukraine’s mili- that Democrats did directly legislate a
facility in Guantanamo. Let’s put this tary. As Putin amasses forces on big chunk of this inflation into exist-
dark chapter behind us once and for Ukraine’s border, the Senate should de- ence. It is unusually traceable to delib-
all. bate how to help the Ukrainians defend erate policy decisions they have made.
And in the memory of Major themselves. The Democratic leader is One of the most famous Democratic
Fishback and the U.S. officials on that trying to shut that down as well. economists in the country, Larry Sum-
jury who spoke out, I thank them. I So the NDAA is not finished yet. So mers, tried to warn them. On February
know it wasn’t easy. It is far easier to the Senate cannot be finished yet ei- 4, he wrote that the Democrats’ stim-
remain silent and to avoid the obvious. ther. We need the same kind of normal, ulus could ‘‘set off inflationary pres-
But they showed courage in disclosing robust, bipartisan amendment process sures of a kind we have not seen in a
to the American people what occurred that always characterizes this bill, and generation.’’ He said the same thing all
at Guantanamo. we need the Democratic leader to stop
springtime long.
Now, do we even have the courage to trying to block the Senate from sanc- So did President Obama’s CEA chair:
even debate this issue and vote on it on tioning Putin’s cronies.
Jason Furman . . . said that the American
INFLATION
the floor of the Senate? Rescue Plan is definitely ‘‘too big for the
I yield the floor. Now, Mr. President, on an entirely moment,’’ stating, ‘‘I don’t know of any
I suggest the absence of a quorum. different matter, 88 percent of Ameri- economist that was recommending some-
The ACTING PRESIDENT pro tem- cans are concerned about inflation— thing the size of what was done.’’
pore. The clerk will call the roll. most of them are very concerned—and But Washington Democrats had al-
The bill clerk proceeded to call the 77 percent of Americans say inflation ready decided months ago they would
roll. has affected them personally. We have try to use the temporary pandemic as a
Mr. MCCONNELL. Mr. President, I a big and diverse country. It is hard to Trojan horse for permanent socialism.
ask unanimous consent that the order get that many Americans to agree on Remember last spring, when one of
for the quorum call be rescinded. anything. But President Biden did the senior-most House Democrats
The ACTING PRESIDENT pro tem- promise he would unite the country, called it a ‘‘tremendous opportunity to
pore. Without objection, it is so or- and on the Democrats’ watch, under restructure things to fit our vision’’ or,
dered. the Democrats’ policies, the American earlier this fall, when President Biden
RECOGNITION OF THE MINORITY LEADER people are united in their fear and frus- himself said the pandemic ‘‘does
The Republican leader is recognized. tration at runaway prices, falling pur- present us with an opportunity.’’
H.R. 4350
chasing power, and all the con- For Democrats, this go-around, it has
sequences of inflation. The men and never been about what families need; it
Mr. MCCONNELL. Mr. President, yes-
women of this country are spending 20 has only been about what activists
terday, a bipartisan majority of Sen-
percent more than last year for beef at want.
ators rejected the Democratic leader’s
the grocery store, 50 percent more to So we got the first massive spending
efforts to shut down debate on the Na-
fill up the gas tank, 26 percent more for bill in the springtime, and now a ma-
tional Defense Authorization Act and
less choice in used cars. jority of Americans ‘‘worry they won’t
block new measures to get tougher on One recent article in the New York
Russia. be able to afford what they need during
Times suggested that perhaps Ameri-
The Democratic leader wants to the holidays due to inflation.’’
cans should forget about trying to buy
block the Senate from fully and President Biden inherited an econ-
their family members normal gifts and
robustly debating a number of impor- settle for exchanging handwritten omy that was primed and ready for a
tant issues—from how to manage the promises to tackle household chores, historic comeback—a fantastic inherit-
fallout from the reckless Afghanistan such as ‘‘washing out the reusable plas- ance. Since then, they have had less
retreat to how to respond to China’s tic bags.’’ I guess the Grinch is doing than a year at the controls, and we
dramatic and destabilizing military some ghostwriting in his spare time. have got more than half the country
modernization, to how to restore deter- Some weeks back, the White House actively worried their checking ac-
rence against an emboldened Iran. Press Secretary tried to laugh off re- counts might not even get them
The NDAA is supposed to be the bi- porters’ questions about the supply through the holidays.
partisan forum for debating and acting chain and inflation crises. She literally But Democrats aren’t offering the
on these kinds of issues. Months ago, laughed at the idea that anybody country any contrition, any apology,
the Armed Services Committee moved would be worried about the ‘‘tragedy of or, more importantly, any course cor-
this process forward—listen to this—23 the treadmill that’s delayed.’’ rection. Amazingly enough, they want
to 3, but the Democratic leader has Well, the President’s staff are to come back around for an even bigger
botched the floor process. yukking it up, but working parents bite at the apple. They want to try to
It is especially bizarre to see the aren’t laughing. Middle-class families inflate their way out of inflation.
Democratic leader so focused, so in- aren’t laughing. Our colleagues have spent months
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tent, on blocking the Senate from deal- A Kentuckian named Mike Halligan huddled behind closed doors, neglecting
ing seriously with the growing aggres- isn’t laughing either. He runs a big the most basic governing duties, writ-
sion from Putin’s Russia. He seems food bank in Lexington called God’s ing another reckless taxing-and-spend-
downright desperate to block new bi- Pantry. They distribute more than 40 ing spree that even the most conserv-
partisan action on Nord Stream 2. It is million pounds of food every year at ative estimates say would add about
really quite strange to see. Senators the local pantries all across my State. $800 billion to deficits over the next 5
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November 30, 2021 CONGRESSIONAL RECORD — SENATE S8809
years alone. They want to take the in- Now, I should note that both of the fense of human rights and vulnerable
flationary fire they helped start and individuals I just quoted are actually human beings, they remain—despite
pour jet fuel on it. Even the CBO, supportive—supportive—of abortion. the best efforts of the abortion lobby—
which has to swallow most of the But like many others, both recognize fundamentally uncomfortable with un-
Democrats’ gimmicky math, estimates that Roe is simply bad law. restricted abortion.
this bill would spend nearly $2 trillion In the Roe decision, the Supreme And so I think the root of the abor-
and pile almost hundreds of billions Court reached far beyond the Constitu- tion lobby’s outrage is the knowledge
more onto deficits over the next dec- tion in the Court’s interpretive role to that if Roe is overturned, their radical
ade. impose a new abortion regime on the abortion agenda is unlikely to prevail
Perhaps more realistic are the out- entire country, and it is past time for nationwide because the American peo-
side, nonpartisan estimates that actu- this unconstitutional decision to be ple simply do not agree with them on
ally account for what we all know: overturned and for the Court to return abortion.
Democrats would never let the new en- jurisdiction over abortion to the The pro-abortion lobby and its allies
titlements in their bill expire. Those States. in the Democrat Party would like
more realistic estimates put the total It is important to note that over-
Americans to believe that Mississippi’s
cost—listen to this—just short of $5 turning Roe would do just that: return
15-week abortion ban is extreme, rad-
trillion, at a time when Chairman Pow- jurisdiction over abortion to the States
ical legislation. Well, nothing could be
ell, who has been willing to let the and to elected officials who can be held
further from the truth.
country run hot, is now warning that accountable for the decisions and ulti-
mately to the American people. In fact, the United States of Amer-
current uncertainties could keep infla-
Many assume, incorrectly, that over- ica—the United States of America—is a
tion elevated to a troubling level.
Now, I could talk all day about how turning Roe would somehow automati- radical outlier on abortion. We are one
the actual contents of this bill would cally ban abortion nationwide. It would of only seven countries in the world
hurt American families even more, not. It would simply return jurisdic- that allows elective abortion past 20
about how it would take another big tion to the people’s elected representa- weeks—one of just seven countries in
step toward socialized medicine and tives. the entire world. Among those other
pour cold water on the innovations and Abortion law would become the do- countries are China and North Korea,
cures that save lives, how it would in- main of States and Congress, instead of not exactly the kind of company you
cinerate huge chunks of our energy the domain of unelected, activist mem- want to be keeping when it comes to
sector and the jobs it supports in order bers of the judiciary. defending human rights.
to keep pace with green preferences of Members of the radical pro-abortion Forty-seven out of fifty European
California liberals, how it would wres- lobby, which controls the abortion countries—47 out of 50—either require
tle authority over intimate decisions policies of the Democrat Party, are, of women to have a specific reason for
about childcare away from American course, up in arms over the Dobbs case. seeking an abortion or limit elective
families and put it in the hands of They are terrified—terrified—that the abortion to 15 weeks or earlier. Thirty-
Washington bureaucrats, but the over- Supreme Court will overturn Roe, and two European countries, including
all picture is impossible to mistake: In- I suspect that the root of that fear is France, Denmark, Switzerland, Nor-
flation is hurting the American people, the knowledge that they need an activ- way, and many others, limit elective
and Democrats want to print, borrow, ist Court for the radical abortion agen- abortion to at or before 12 weeks’ ges-
and spend trillions more—the most da. tation.
out-of-touch agenda you could possibly Why? Because the American people Now, let’s consider that for just a
imagine. do not agree with the radical abortion minute. A substantial majority of Eu-
I suggest the absence of a quorum. lobby on abortion. ropean countries limit abortion to at
The ACTING PRESIDENT pro tem- For all its efforts to paint abortion or before 12 weeks. In other words, Mis-
pore. The clerk will call the roll. on demand at any time up until the sissippi’s 15-week abortion law is not
The bill clerk proceeded to call the moment of birth as the only possible on the radical fringe when it comes to
roll. position, the pro-abortion lobby has abortion; it is squarely in the main-
Mr. THUNE. Mr. President, I ask completely failed to convince the stream for Western democracies, and it
unanimous consent that the order for American people. is, in fact, more permissive than the
the quorum call be rescinded. Polls consistently show that a strong
abortion laws of a majority of Euro-
The PRESIDING OFFICER (Mr. majority of the American people sup-
pean countries. And yet the abortion
PADILLA). Without objection, it is so port at least some restrictions on abor-
lobby would have us believe that Mis-
ordered. tion. Gallup has been polling on abor-
sissippi is pushing some kind of ex-
ABORTION tion for decades, and in all that time,
treme abortion legislation.
Mr. THUNE. Mr. President, tomor- the percentage of Americans who be-
lieve abortion should be legal under Let’s talk about unborn babies at 15
row the Supreme Court will hear oral
any circumstance has always remained weeks. Fifteen-week-old unborn chil-
arguments in the Dobbs case, which
under 35 percent. In fact, for most of dren have fully developed hearts that
deals with a Mississippi law that would
the past several decades, that number have already beaten more than 15 mil-
prohibit most abortions after 15 weeks
of pregnancy. This case offers the best has remained squarely under 30 per- lion times. They yawn. They make fa-
opportunity in many years to see Roe cent. cial expressions. They suck their
v. Wade overturned or modified—some- An Associated Press poll from this thumbs. They respond to taste and
thing that is long overdue. June found that 65 percent of Ameri- touch. Scientific evidence suggests
Roe v. Wade was a bad decision that cans believe that abortion should gen- that they can feel pain.
should long ago have been reversed. erally be illegal in the second tri- Pro-abortion activists may not like
Legal scholars from across the ideolog- mester—or from about 13 weeks of to hear it, but scientific evidence
ical spectrum have criticized the deci- pregnancy—while a whopping 80 per- shows that the neural connections nec-
sion, noting, in the words of one ex- cent of Americans believe that abor- essary to transmit pain are fully in
pert: tion should generally be illegal in the place by around 20 weeks and that ba-
As constitutional argument, Roe is barely third trimester. And it is no surprise. bies may actually begin to experience
coherent. The court pulled its fundamental Despite the abortion lobby’s at- pain as early as 12 weeks.
right to choose more or less from the con- tempts to dehumanize unborn children So when we are talking about a 15-
stitutional ether. and portray them as nothing more than week-old unborn baby, we are talking
ctelli on DSK11ZRN23PROD with SENATE
As another legal scholar put it, Roe clumps of cells or unwanted growths, about a baby who may very well al-
is ‘‘a very bad decision . . . because it most Americans are well aware that an ready be able to experience pain and
is bad constitutional law, or rather be- unborn child is a baby, a human being, will certainly be able to experience it a
cause it is not constitutional law and an innocent human being. few weeks later, if she can’t now. Yet
gives almost no sense of an obligation And because Americans generally in this country, it is perfectly legal to
to try to be.’’ gravitate toward justice and the de- kill unborn children who are able to
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S8810 CONGRESSIONAL RECORD — SENATE November 30, 2021
feel pain and kill them with an abor- the door to greater protection for un- What is that threat? The threat of
tion procedure so brutal and barbaric it born children. But win or lose—win or nuclear terrorism. If you are not rep-
is difficult to even describe. lose—I and many, many, many others resenting a country and if you don’t
Yet it needs to be mentioned because will continue to stand up for the care about dying, then the idea of a nu-
we need to acknowledge the reality human rights of unborn Americans; clear response doesn’t scare you. It
that we are killing unborn babies in and I am confident that, in the end, doesn’t deter you from taking that
this country capable of feeling pain, right and justice and life will prevail. kind of action.
using a widely employed abortion pro- Mr. President, I yield the floor. How do we defend against that? What
cedure that involves dismembering the I suggest the absence of a quorum. is deterrence 2.0 in the current world
unborn child. As I said, it is incredibly The PRESIDING OFFICER. The where international terrorism—al-
hard—in fact, it is heartbreaking, real- clerk will call the roll. though it has not been on the front
ly—to even talk about it. The legislative clerk proceeded to pages recently—is still there?
The abortion lobby would like to call the roll. ISIS-K, ISIS, al-Qaida, al-Qaida in
draw a veil over what happens inside Mr. BARRASSO. Mr. President, I ask the Arabian Peninsula are all still
abortion clinics, but the truth is that unanimous consent that the order for there. Boko Haram in Africa—they are
abortions are brutal and inhumane— the quorum call be rescinded. all still there. They are all plotting.
certainly to the baby but, in many re- The PRESIDING OFFICER. Without
They are all working on ways that they
spects, to the mother as well. objection, it is so ordered.
(The remarks of Mr. BARRASSO per- can attack the West and the United
Since the Supreme Court handed States of America.
down the Roe v. Wade decision, there taining to the introduction of S. 3287
If they could get ahold of the nuclear
have been an estimated 62 million-plus are printed in today’s RECORD under
technology and nuclear building block,
abortions in the United States. That ‘‘Statements on Introduced Bills and
which is enriched uranium, they would
number is so big, it is pretty much Joint Resolutions.’’)
Mr. BARRASSO. I yield the floor. use it. The terrorists who killed 3,000
unfathomable. To put it in some kind people on September 11 would kill—
of perspective, 62 million is nearly I suggest the absence of a quorum.
The PRESIDING OFFICER. The would have killed 3 million if they
three times the population of the en- could have.
clerk will call the roll.
tire State of Florida. That is how many And so keeping nuclear materials and
The legislative clerk proceeded to
unique, unrepeatable human beings we nuclear technology out of the hands of
call the roll.
have lost to abortion since Roe. Mr. KING. Mr. President, I ask unan- terrorists is, to me, one of the most im-
We are better than this, and we have portant functions that our government
imous consent that the order for the
to do better than this. Our country was can perform.
quorum call be rescinded.
founded to safeguard human rights. We The PRESIDING OFFICER. Without And that brings me to the nomina-
haven’t always lived up to that prom- objection, it is so ordered. tion of Corey Hinderstein for the posi-
ise, but we have never stopped trying. tion of Deputy Administrator for Nu-
NOMINATION OF COREY HINDERSTEIN
And it is time for us to continue that clear Nonproliferation. She is im-
Mr. KING. Mr. President, I have the
work by standing up for the most vul- mensely qualified and has worked in
responsibility and the privilege to be
nerable human beings among us: the this field for almost 20 years; has
the chair of something called the Stra-
unborn children, whose human rights worked on nuclear proliferation and
tegic Forces Subcommittee of the
are not protected and whose lives can nonproliferation issues for most of
Committee on Armed Services.
be taken away at any time. those years, both in the government
Strategic forces is a euphemism for
Thanks to medical advancements, it
nuclear weapons, and it is one of the and in the private sector. I would ven-
is possible for babies born at 22 weeks
most serious threats that we continue ture to say there is probably no one in
to survive outside their mothers. It is
also perfectly legal to kill unborn chil- to face. We face threats all over the the United States who knows as much
dren at 22 weeks. Now, something is world from pandemics, from terrorism, about this subject as she does.
from a rising China, from a belligerent Ms. Hinderstein will be responsible
radically wrong with that picture.
How can an unborn child of 22 weeks Russia, but one of the most serious for a major part of the budget—$1.9 bil-
be regarded as a human being worthy that sometimes gets lost in the discus- lion—but she is responsible for control-
of protection in one case and in the sion is the unthinkable catastrophe ling the proliferation of nuclear mate-
other case be regarded as nothing but a that would be a nuclear exchange. rials, and that is so critical in light of
clump of cells to be disposed of in an Throughout the last 70-plus years, the threat of nuclear terrorism. The
abortion clinic? our principle strategy for dealing with only way we can keep them from at-
The cognitive dissonance is mind- that threat has been deterrence, the tacking us is intelligence, knowing
boggling. idea that if you use nuclear weapons what is coming, and keeping these ma-
The more we learn about unborn chil- against the United States of America, terials out of their hands; and that is
dren, the more we see their humanity. you will pay the heaviest of prices, and why this job is so important.
It is impossible to look at an unborn that deterrence has worked. There She was approved by the committee
baby kicking her feet and sucking her hasn’t been a use of nuclear weapon and recommended to the Senate 40
thumb on an ultrasound and see her as since 1945, and there are now several— days ago. It is time to move this nomi-
anything but the human being that she I can’t say the exact number for classi- nation. Nominations can be held up for
is. Science, medical advancements, and fication reasons—but there are a num- a variety of reasons and some policy
plain old common sense all point inex- ber of nuclear countries in the world, reasons, and I understand that, but not
orably to the humanity of the unborn nuclear-armed countries, China and in this case. And I am happy to report
child. Russia among them. China is expand- that it appears that this nomination
And human beings deserve to be pro- ing its nuclear capability exponen- will not be held up because I think all
tected. A good place to start would be tially. Over the past several years, of our colleagues realize how important
with laws like Mississippi’s, laws that they have been embarked on an enor- this function is in the government.
would bring us into the mainstream of mous buildup of their nuclear capa- The most—the best nuclear strike is
abortion laws worldwide. As I have bility. the one that doesn’t occur. The only
said, the United States is one of just But I want to talk about a nuclear way to prevent that is to stop the pro-
seven countries in the entire world, in- threat today in the context of the nom- liferation of nuclear materials. This
cluding China and North Korea, that ination that I am going to move in a problem is only growing. We know that
allow elective abortion past 20 weeks of few moments that, to me, is one of the Iran is now enriching uranium to a
ctelli on DSK11ZRN23PROD with SENATE
pregnancy. I would like to think that most terrifying because it is a nuclear much higher extent than they did
we can do a better job of protecting un- threat that deterrence doesn’t work under the JCPOA. We know that North
born children’s human rights than on—a nuclear threat that deterrence, Korea is pursuing its own nuclear am-
China and North Korea. the fundamental strategy of our pre- bitions. India, Pakistan both have nu-
So I hope that the Supreme Court vention of nuclear conflict for 70 years, clear programs. So this is a clear and
will uphold Mississippi’s law and open doesn’t work. present danger to the United States of
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November 30, 2021 CONGRESSIONAL RECORD — SENATE S8811
America, and that is why this nomina- This, of course, was on top of about $5 leagues have spoken here on the Senate
tion is so important. trillion we spent last year in a bipar- floor about the need to make this ex-
f tisan fashion dealing with the COVID– pansion of the earned income tax credit
19 pandemic. But, of course, this $6 tril- permanent.
EXECUTIVE SESSION lion more was designed to be passed But the not-so-temporary extensions
with a pure party-line vote through the don’t end there. This bill extends the
EXECUTIVE CALENDAR reconciliation process. Affordable Care Act’s premium tax
After some pushback, the $6 trillion credits through 2025, which our col-
Mr. KING. Mr. President, I ask unan- figure that Chairman SANDERS pro- leagues claim will enable more Ameri-
imous consent that the Senate proceed posed was cut back to 3.5, and now our cans to afford healthcare coverage. But
to executive session to consider the fol- colleagues in the House and elsewhere at the same time, this bill cuts funding
lowing nomination, Calendar No. 475; are touting a new pared-down bill to safety net hospitals and States that
that the Senate vote on the nomina- which spends only—and I underline the did not expand Medicaid. If their goal
tion; the motion to reconsider be con- word ‘‘only’’—$1.75 trillion. I dare say was to expand access to low-income in-
sidered made and laid upon the table; that is a number that none of us can dividuals under the Medicaid Program,
that no further motions be in order to fully comprehend given its magnitude, their bill cuts that funding to safety
the nomination; that any statements but it has become—sort of rolls off our net hospitals in States like mine that
related to the nomination be printed in tongues like everybody understands did not expand Medicaid. These cuts
the Record; and that the President be what a trillion dollars is like every- specifically target hospitals that treat
immediately notified of the Senate’s body knows what a million is or a underinsured and uninsured patients.
action and the Senate then resume leg- thousand or a hundred or ten dollars. In short, our colleagues are manipu-
islative session, all with no intervening But it is an enormous number. lating the budget process in a way that
action or debate. As our colleagues have slimmed and appears to extend access to healthcare
The PRESIDING OFFICER. Without trimmed this bill to reach a pricetag while at the same time cuts funding to
objection, it is so ordered. that could get consensus in the House, our most vulnerable patients—all in
The clerk will report the nomination. some of their favorite provisions have the cause of pushing America closer to
The legislative clerk read the nomi- fallen off the chopping block. They re- a single-payer system, something like
nation of Corey Hinderstein, of Vir- alize that programs like free college Medicare for All. I have no doubt that
ginia, to be Deputy Administrator for actually cost a whole lot of money. So our colleagues across the aisle will, if
Defense Nuclear Nonproliferation, Na- to live within this new number, which possible, not let these temporary provi-
tional Nuclear Security Administra- I will talk about in a moment, Demo- sions expire.
tion. crats in the House kept cutting and
Thereupon, the Senate proceeded to In the immortal words of Ronald
cutting, but they found—instead of real Reagan, though, ‘‘The closest thing to
consider the nomination. cuts, they found another solution to
The PRESIDING OFFICER. The eternal life on earth is a [temporary]
their problem of a topline. What they government program.’’
question is, Will the Senate advise and have basically done is to create the il-
consent to the Hinderstein nomina- We have seen this movie before, time
lusion of a lower pricetag without
tion? and again. It is smoke and mirrors. It
making any real, substantive, long-
The nomination was confirmed. is budget gimmickry. It is starting new
term cuts. How do you do that? Well, it
programs and claiming to cut them off
f is the old-fashioned way; it is called
after a year, knowing that, inevitably,
LEGISLATIVE SESSION budget gimmicks.
Congress will be tempted to extend
Rather than remove these expensive
them much, much longer.
programs entirely, they chose to create
a number of arbitrary cliffs, sunsets, Well, before this bill comes to a vote
NATIONAL DEFENSE AUTHORIZA- in the Senate, I hope our Democratic
TION ACT FOR FISCAL YEAR and expirations. That way, they could
pretend to pass these bills at a lower colleagues will agree with me that we
2022—Continued need to know precisely how much this
cost with the tacit promise to continue
The PRESIDING OFFICER. The Sen- them at another time and on another bill will cost the American people. We
ate will now resume legislative session. day. know that our colleagues across the
Mr. KING. Thank you, Mr. President. One example of this was the expanded aisle have struggled to try to make a $6
I yield the floor. child tax credit. Our Democratic col- trillion bill appear to be a $3.5 trillion
I suggest the absence of a quorum. leagues originally crafted this as a and now a $1.75 trillion bill, but I don’t
The PRESIDING OFFICER. The temporary measure in their partisan think anybody is really fooled or con-
clerk will call the roll. bill that became law in March, just 8 fused. Because they have strategically
The legislative clerk proceeded to months ago. The first payments had chosen start dates, sunsets, and expira-
call the roll. barely gone out the door when they de- tion dates to make it appear that these
Mr. CORNYN. Mr. President, I ask cided to call for making those tem- programs cost less, we know that even-
unanimous consent that the order for porary provisions permanent in the tually, if they have the votes, they will
the quorum call be rescinded. BBB, the so-called Build Back Better be extended through eternity.
The PRESIDING OFFICER (Mr. bill. Our colleagues knew that a perma- Our colleagues gamed the Tax Code
LUJÁN). Without objection, it is so or- nent extension and expansion would to partially fund the bill while handing
dered. have been far too expensive to meet out massive tax breaks to millionaires
BUILD BACK BETTER their topline, so they pretended to cut and billionaires. I am glad to see the
Mr. CORNYN. Mr. President, our it by making it a temporary extension. chairman of the Budget Committee say
Democratic colleagues in the House Earlier drafts of this bill would have that we really shouldn’t be focused on
and, to some extent, here in the Senate extended this policy through 2025. As tax cuts to millionaires and billion-
have talked about how the so-called time went on, the pricetag was still too aires in blue States and cities like New
Build Back Better legislation is pop- high, so it was scaled back to a 1-year York or San Francisco, which is ex-
ular, but I think the main reason it is extension. But the truth is, nothing actly what the Democratic bill tries to
popular is because, frankly, many has really changed. Calls to make the provide—tax cuts to millionaires and
Members of Congress and certainly the expansion permanent have not gone billionaires in blue States.
public at large don’t know what is in away. I have seen no indication that This bill is really chock-full of incon-
ctelli on DSK11ZRN23PROD with SENATE
it. So I would like to spend just a few our colleagues across the aisle are con- sistencies. It claims to extend access to
minutes talking about that. tent to let this extension expire after healthcare while cutting off access to
First of all, there is the size of the just 1 year. Medicaid or some of the safety net pro-
bill. Originally, the Budget Committee The same is true of the earned in- grams in States like mine. It claims
chairman, the Senator from Vermont, come tax credit, which also was ex- that, well, we are going to tax the rich
floated a $6 trillion spending bonanza. panded in March. A number of our col- folks while at the same time providing
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