Congressional Record, Senate — December 9, 2021, S9053
Summary
This is S9053 of the Congressional Record, Senate, Vol. 167, No. 213, for Thursday, December 9, 2021. The Senate met at 11:30 a.m. with the Chaplain, Dr. Barry C. Black, offering the prayer, and resumed consideration of the House message to accompany S. 610, the Dr. Lorna Breen Health Care Provider Protection Act, with Schumer motions and amendments pending. Under the heading Remembering Robert J. Dole, Mr. Schumer pays tribute to the former Senator from Kansas. Mr. Schumer then discusses the debt ceiling, saying a proposal he worked on with Leader McConnell would allow a simple majority vote and avoid a default, with the views attributed to Mr. Schumer.
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“Congressional Record, Senate — December 9, 2021, S9053.”
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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, DECEMBER 9, 2021 No. 213
Senate
The Senate met at 11:30 a.m. and was LEGISLATIVE SESSION join with President Biden, the Vice
called to order by the President pro President, Leader MCCONNELL, the
tempore (Mr. LEAHY). Speaker, and other congressional lead-
DR. LORNA BREEN HEALTH CARE ers in paying a final tribute to our
f PROVIDER PROTECTION ACT former colleague, Senator Bob Dole of
The PRESIDENT pro tempore. Under Kansas.
PRAYER the previous order, the Senate will re- From defending our country in World
sume consideration of the House mes- War II, where he fought the Nazis on
The Chaplain, Dr. Barry C. Black, of-
sage to accompany S. 610, which the the hillsides of Italy, to dedicating his
fered the following prayer:
clerk will report. final years advocating with disabled
Let us pray.
The legislative clerk read as follows: Americans and veterans, Senator Dole
Eternal God, our hope for years to
House message to accompany S. 610, a bill
redefined and elevated what it means
come we worship You. Your Name is to serve our country. By 21, he had
great, and we offer You our adoration to address behavioral health and well-being
among health care professionals. given more of himself than most of us
and praise. give in a lifetime, and then he kept
Bless our Senators. Lord, open their Pending:
going for 70 years after that.
eyes so they can discern Your involve- Schumer motion to concur in the amend- Leader Dole, rest in peace. Thank
ment in human affairs. Prepare their ment of the House of Representatives to the
bill.
you for all you did to make our coun-
hearts and minds for today’s chal- try better. And I extend my condo-
lenges, inspiring them to conduct Schumer motion to concur in the amend-
ment of the House of Representatives to the lences and prayers to his wife, Senator
themselves with civility and honor. bill, with Schumer amendment No. 4871 (to Elizabeth Dole, their family, and all
Keep their motives pure, their words the House amendment), to add an effective who mourn the loss of the gentleman
true, and their actions constructive. date. from Kansas.
Almighty God, we acknowledge that Schumer amendment No. 4872 (to amend- DEBT CEILING
our lives are in Your hands, so please ment No. 4871), to modify the effective date. Mr. President, now on the debt ceil-
keep our feet from stumbling. Schumer motion to refer the message of
the House on the bill to the Committee on
ing.
We pray in Your merciful Name. Later today, the Senate is going to
Finance, with instructions, Schumer amend-
Amen. hold a crucial vote that will enable us
ment No. 4873, to add an effective date.
Schumer amendment No. 4874 (to the in- to address the debt ceiling on a fast-
f track basis, avoiding the prospect of a
structions (amendment No. 4873) of the mo-
tion to refer), to modify the effective date. catastrophic, calamitous default on our
PLEDGE OF ALLEGIANCE Schumer amendment No. 4875 (to amend- sovereign debt.
The President pro tempore led the ment No. 4874), to modify the effective date. The proposal I worked on with Lead-
Pledge of Allegiance, as follows: The PRESIDENT pro tempore. The er MCCONNELL will allow Democrats to
I pledge allegiance to the Flag of the Senator from New Jersey. do precisely what we have been seeking
United States of America, and to the Repub- Mr. BOOKER. Mr. President, I sug- to do for months, what I have been
lic for which it stands, one nation under God, gest the absence of a quorum. coming down to the floor advocating
indivisible, with liberty and justice for all. The PRESIDENT pro tempore. The since the fall: provide a simple major-
clerk will call the roll. ity vote to fix the debt ceiling without
f The legislative clerk proceeded to having to resort to a convoluted,
call the roll. lengthy, and ultimately risky process.
RESERVATION OF LEADER TIME Mr. SCHUMER. Mr. President, I ask The Nation’s debt has been incurred
unanimous consent that the order for on a bipartisan basis, so I am pleased
The PRESIDENT pro tempore. Under
the quorum call be rescinded. that this responsible action will be
the previous order, the leadership time
The PRESIDING OFFICER (Mr. taken today to facilitate a process that
is reserved.
BOOKER). Without objection, it is so or- avoids a default.
I want to thank Leader MCCONNELL
f dered.
for working with us on this agreement.
RECOGNITION OF THE MAJORITY LEADER
Our multiple conversations were fruit-
CONCLUSION OF MORNING The majority leader is recognized. ful, candid, productive.
BUSINESS REMEMBERING ROBERT J. DOLE This is the responsible path forward:
The PRESIDENT pro tempore. Morn- Mr. SCHUMER. Mr. President, ear- no brinksmanship, no default on the
ing business is closed. lier this morning, it was my honor to debt, no risk of another recession.
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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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S9054 CONGRESSIONAL RECORD — SENATE December 9, 2021
We still have a few more steps to So let’s get this done. Let’s pass and As we keep recovering from COVID,
take before we completely resolve this enact Build Back Better into law be- as Americans are looking to cut costs
matter, but I am optimistic that after fore Christmas so families won’t see and make ends meet, now is precisely
today’s vote we will be on a glide path their checks come to a halt in the com- the wrong time for us to allow this
to avoid a catastrophic default. ing months, and families, as they are commonsense moratorium to end. Ac-
BUILD BACK BETTER ACT doing their Christmas shopping, can be cording to one study, it could strip
Mr. President, now on Build Back assured that new checks will be coming away more than $85 billion—$85 bil-
Better. In the first 9 days of December, over the next year. lion—from American families over the
Democrats have made very good For the tens of millions of families coming year. At a time like this, that
progress on some of our largest prior- that have taken it on the chin during just makes no sense. We should give
ities for the month. We successfully COVID, an extra $300 per month, per student loan payers a break and keep
avoided a needless government shut- child could be what helps the parents the moratorium going.
down. We cleared the path to address stand on their own two feet. That is Should the moratorium be allowed to
the debt ceiling and avoid a default. extra money for groceries, fill up the expire, the burden will fall the heaviest
And now we are close to passing an an- tank at the gas station, pay for dia- on those who are least prepared to
nual Defense bill on a bipartisan basis, pers. shoulder it—on low-income borrowers
as we have done for decades. These are not luxuries. These are not and borrowers of color, who typically
Last night, I filed cloture on NDAA handouts. They are daily essentials take out more loans than White Ameri-
and, for the information of my col- that nobody should have to worry cans and end up paying them back over
leagues, we will vote early next week about in today’s day and age. In an af- a much longer time horizon.
to move forward on this bill. fluent society, no one should have to On the flip side, the President’s deci-
Soon we will be able to turn to an- worry about these things, and that is sion to extend the moratorium over the
other crucial item on our December to- what these checks do: they bring a lit- course of the year was precisely—pre-
do list: passing Build Back Better in tle more fairness into our economy. cisely—the right thing to do. It has al-
time for Christmas. We remain on They say to poorer people: You can lowed borrowers to focus on saving up
schedule to bring this bill to the floor have a chance and, more importantly, for these hard times, to save up for
of the Senate before December 25. Yes- your children can have a chance. That emergencies, and to pay down other
terday, four Senate committees re- is part of the American dream. forms of debt. We should keep it going.
leased their titles of the Build Back Of course, Build Back Better will do
This is about taking one common-
Better Act, and the Congressional more than that. It will, for example,
sense, easy step to save people costs. It
Budget Office released scores for those provide the largest investments to date
is about racial equality. It is about giv-
titles. More titles and scores are sched- to fight climate change.
I have been working with my col- ing people more opportunities to build
uled to be released this week. wealth and achieve the American
For the knowledge of all Senators, leagues for months to make sure our
climate investments will be robust, ef- dream. The administration can do it on
the text and scores can be found online its own. They don’t need any kind of
at the Senate Democrats’ and CBO fective, and will lay a foundation for us
to keep taking action to fight the cli- congressional approval. We know how
websites. So it is available to every- arduous those things are around here.
body. mate crisis here in Congress in the fu-
ture. Should the moratorium be extended,
Senate Democrats have also wrapped
Climate change costs our country the administration should take further
up all of our final meetings with the
tens of billions of dollars every time action to cancel up to $50,000 in student
Parliamentarian’s office. Those are the
that storms we used to label ‘‘once in a loan debt per borrower. Imagine the
meetings where just Democrats talked
century’’ slam us. Build Back Better economic activity we can see if tens of
to the Parliamentarian. Republicans
will help us address the climate crisis millions of Americans are suddenly
also get their chance alone. And now
by lowering emissions, making our freed from crushing student loan debt.
we anticipate that the bipartisan Byrd
communities more resistant to disas- They can buy homes, start a business,
bath—where both sides are together to
ters, and protect our planet for the buy a car, or help send their own kids
make their case to the Parliamen-
next generation. to college. What a boom that would be
tarian and argue back and forth—we
Our work on Build Back Better will for our country, especially at a time
expect those to start next week.
I want to thank the Parliamentar- keep going until we get the job done. now when it is needed.
ian’s office and all of our committee’s STUDENT LOANS For decades, higher education was
staff for working so hard this week to Finally, on student loans, Mr. Presi- considered a ladder up for tens of mil-
bring us to this point. dent, as the year comes to an end, tens lions of people—for immigrants, people
For all the reasons we should pass of millions—tens of millions—of Amer- of color, and working-class families—
Build Back Better, I want to talk icans face another looming deadline but, today, it is an anchor weighing too
about one in some detail this morning: they cannot afford. Soon, the Federal many down. These Americans deserve
extending the child tax credit. Government’s moratorium on student relief. They deserve help. They deserve
During the holiday season, American loan payments will expire, and pay- to have the moratorium extended and
families are looking for every option to ments are set to resume in February of their student debt canceled.
lower costs, make ends meet. So the next year. I yield the floor.
best thing we can do is pass Build Back Yesterday, I joined with my col- I suggest the absence of a quorum.
Better before some critical tax breaks leagues Senator WARREN and Rep- The PRESIDING OFFICER. The
from the American Rescue Plan—above resentative PRESSLEY to call on the clerk will call the roll.
all, the child tax credit checks—come Biden administration to extend the The legislative clerk proceeded to
to a premature end. That is one thing pause on student loan payments. The call the roll.
no American should want. pause expires in January, and it has Mr. MCCONNELL. Mr. President, I
COVID isn’t over, and so these been paused because of COVID. It ask unanimous consent that the order
checks shouldn’t lapse either. On the ought to be extended. COVID is not for the quorum call be rescinded.
contrary, they should keep going. over, and students still have these huge The PRESIDING OFFICER. Without
Roughly 35 million families will get burdens. They are just readjusting to objection, it is so ordered.
their next $300-per-child check in the life, where they may have missed
RECOGNITION OF THE MINORITY LEADER
mail on December 15, and we need to school or missed jobs or not gotten
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assure that they will get their checks fully paid. So we need to certainly The Republican leader is recognized.
in January, too, without any glitch. As pause these payments. But we also REMEMBERING ROBERT J. DOLE
a number of outlets have reported, urge the administration to take the Mr. MCCONNELL. Mr. President,
families are at risk of seeing these next important step in granting bor- today, the Capitol is once again
checks end after December, if we don’t rowers relief by canceling student loan hosting a hallowed tradition. The U.S.
take action. debt. Congress just solemnly welcomed our
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December 9, 2021 CONGRESSIONAL RECORD — SENATE S9055
late friend and colleague, Leader Rob- bakers and florists is now coming for So this bill manages to be wildly in-
ert J. Dole, one final time. This most church daycare. flationary and wildly unfair at the
distinguished soldier-statesman now Twenty-one organizations, rep- same time. That is pretty hard to pull
lies in state at the epicenter of our de- resenting hundreds of thousands of off—wildly unfair and wildly infla-
mocracy. Our Nation has bestowed this faith-based daycares and preschools, tionary at the same time. It insults the
honor only 33 times in its history—to signed an open letter to the Senate. diversity of American families and
Presidents, to Senators and Represent- Catholics, Protestants, Jews, and Mus- their aspirations. It simply hands
atives, to heroes of war. lims all wrote to Chairwoman MURRAY money and power to the same woke bu-
With today’s ceremony, Bob’s path and Senator BURR. reaucrats who are letting far-left prop-
aligned one last time with his Army Here is what they said: aganda into K–12 schools and then
hospital buddy’s, turned longtime fel- The Build Back Better Act will suppress, if sending the Department of Justice
low Senator, Danny Inouye. It was not exclude, the participation of many faith- after parents who speak up.
amazing enough that Bob’s and based providers. . . . [P]rovisions in the bill This bill would give HHS Secretary
Danny’s paths converged all the way text make it virtually impossible for many Becerra, a hard-core culture warrior, a
from bedside bridge games in the 1940s religious providers to participate. giant slush fund to start shaping the
to votes on this floor into the 1990s, but Let me say that again: care of babies and toddlers. And facili-
now they have both rested on the exact [P]rovisions in the bill text make it vir- ties and families who make different
same catafalque that has held up our tually impossible for many religious pro- choices would be left facing a mas-
great statesmen, dating back to Presi- viders to participate. sively inflated market with zero help.
dent Lincoln. Now, the far left says that if you This would be an awful—awful—pro-
Bob Dole earned these honors many, don’t support the toddler takeover, you posal for American families, even if it
many times over—through a heroic are somehow out of touch, but they are were free. But, of course, it isn’t.
fight that began on Hill 913 and left projecting, as it is their Big Govern- Washington Democrats don’t just
lifelong scars, through accomplished ment scheme that is out of touch with have to explain to parents why they
service at both ends of this building, the diverse aspirations of different want to make childcare more expen-
and in a bid for even higher office, con- families. sive, more inflexible, and more unfair;
ducted with integrity and grace. Last year, a nonpartisan survey they also get to explain why they want
Bob Dole left this Chamber a quarter asked families what childcare arrange- to print and borrow hundreds of bil-
of a century ago, but service to his be- ments they would ideally like. Apart lions of dollars to do it.
loved Kansas and his fellow Americans from the pandemic, if finances were no I suggest the absence of a quorum.
obstacle, what would American parents The PRESIDING OFFICER (Mr.
remained the focus of his life until the
want? The share who said ‘‘center- SCHATZ). The clerk will call the roll.
moment he was called home on Sun- The bill clerk proceeded to call the
day. based childcare’’ was 27 percent. This is
roll.
The sting of losing our friend is still the only route that Democrats want to Ms. ERNST. Madam President, I ask
fresh, but we are proud to celebrate subsidize—center-based childcare. Just unanimous consent that the order for
this extraordinary American—now 27 percent of parents say that is their the quorum call be rescinded.
draped in the colors to which his entire ideal world, and of that 27 percent, a The PRESIDING OFFICER. Without
life was dedicated and already at home majority prefer the faith-based options objection, it is so ordered.
in eternal rest. that Democrats would push out. GREEN RIBBON CAMPAIGN
BUILD BACK BETTER ACT Now, a larger group, nearly 40 per- Ms. ERNST. Mr. President, I am glad
Now, Mr. President, on an entirely cent, said their ideal arrangement to be on the floor today, joined by my
different matter, on Tuesday, I shined would involve full-time parenting in colleague Senator RICHARD
a spotlight on Washington Democrats’ some form, either one parent stays BLUMENTHAL and Senator LINDSEY
proposed toddler takeover. They want home or the two trade off. Another 9 GRAHAM.
to spend hundreds of billions of dollars percent said they would ideally like an We all saw and remember the horrific
in order to upend families’ arrange- extended relative like a grandparent to images from this past summer when
ments, create massive inflation in be the caregiver. Other families would Afghanistan fell into the hands of a
daycare costs, and attack faith-based ideally want a nanny share or a neigh- brutal Taliban regime. It was a dif-
providers. borhood co-op. ficult time for many of us, especially
Now, Democrats say their plan would The Democrats’ daycare scheme our veterans, our Gold Star families,
not hurt faith-based providers because would give all these people nothing— and the families of the 13 servicemem-
it wouldn’t explicitly block them up nothing. A family that has sacrificed bers we lost during that disastrous
front. Ah, but that is only a small part so much so that a mom or dad can stay exit, including the family of Marine
of the story. The reckless taxing-and- home will not get one penny for books Cpl Daegan William-Tyeler Page of Red
spending spree might not ban faith- or supplies or make up for lost wages. Oak, IA, my hometown.
based providers on day 1, but their A grandparent who leaves a part-time These heroes must never be forgot-
scheme of mandates and subsidies job to spend weekdays with their ten. While the tragic exit from Afghan-
would slowly and quietly push them grandkids will not get a dime under the istan may have moved off of the front
out. Democrats’ plan. A neighborhood pages, and while it may not be top of
The Democrats’ bill would deny reli- nanny share gets zero help. mind for many Americans here at
gious providers an extra funding Forget about diversity. Forget about home, the devastating situation in Af-
stream for upgrading their facilities, choice and fairness. Families would ei- ghanistan is all too real for the hun-
which their secular competitors would ther enroll in a specific pathway that dreds of American citizens and allies
actually get, and their proposal would Big Labor and Big Government like who were left behind.
let woke bureaucrats persecute faith- best or they get nothing. Meanwhile, The reality is, right now, U.S. citi-
based groups unless they leave their even in the centers that Democrats do zens, green card holders, and SIV-eligi-
values at the door. If a Jewish daycare want to subsidize, parents would get a ble Afghans are still stranded behind
wants to prioritize Jewish families, very mixed bag. enemy lines in Afghanistan.
they could get thrown out of the Demo- Analysts agree the new regulations I am furious over the mishandling of
crats’ scheme for engaging in discrimi- would send costs skyrocketing. The this administration’s exit from Afghan-
nation. A Catholic facility could be District of Columbia’s local govern- istan. It was a disaster from start to
kicked out if families who are reg- ment estimates that these sorts of poli- finish. Now, America has a duty and an
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istered parishioners get first dibs. If a cies would increase the cost of daycare obligation to get these people home or
faith-based provider decides not to hire by roughly $12,000 per child per year. brought to safety, plain and simple.
somebody who fundamentally rejects Their plan would supposedly use gov- To those who are stranded in Afghan-
their teachings, leftwing bureaucrats ernment subsidies to make up this new istan today, my message to you is
and lawyers would come after them as inflation, but that assistance would be clear: I have not forgotten you. Amer-
well. The woke mob that stalks cake confusing and uneven. ica has not forgotten you.
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S9056 CONGRESSIONAL RECORD — SENATE December 9, 2021
As my colleagues pointed out al- promises to these men and women in included in the National Defense Au-
ready, we are trying to find ways to re- Afghanistan who now have targets on thorization Act, but I am committed
mind Congress, the administration, and their backs only because they helped that we will honor this commitment to
the public of those Americans who are us in moments of danger and crisis? these at-risk Afghan allies and fami-
still stranded in the country and the Most of my colleagues, I think, share lies, and I am heartened by this green
importance of taking action to get these feelings of apprehension and anx- ribbon initiative.
them home. iety on behalf of those men and women And that is why I am wearing a green
As a way to remind those around who now are in hiding, many of them ribbon today and why my colleagues, I
that our fellow Americans are still with their families, trying to get out. hope, will do so as well and why I
stranded and that we need to get them I strongly believe that honoring our thank my friend Sid Goodfriend of
home, I am encouraging Iowans and all past commitments, keeping our prom- Greenwich, CT, for initiating this ef-
Americans to join me, to join Senators ises, as every great nation does, means fort—and all of his support network.
Graham and Blumenthal in wearing a establishing a clear, consistent, com- I want to close by thanking our vet-
green ribbon this holiday season. passionate strategy for the evacuation erans. I have been inspired over these
We must ensure that America does and settlement of all of these individ- last weeks and months by their deter-
not forget those who this administra- uals and their families. That is why I mination to enable those Afghan allies
tion has left behind. have called repeatedly for an evacu- who served them to escape the danger
I am proud to join my colleagues ation czar, with clear Presidential di- in Afghanistan. Their steadfast com-
today, Democrats and Republicans, to rection and authority to implement mitment is a part of the reason why I
ensure we keep the pressure on and to such a strategy and coordinate all of feel we need to honor our commitment.
get these people, including our fellow the numerous Federal Agencies, with Those veterans and NGOs, the net-
Americans, home at last. We cannot all of their individual responsibilities work of people, the coalition of groups
and we will not let them be forgotten. and authority, to evacuate and resettle that has worked so hard to evacuate al-
I yield the floor to Senator our at-risk Afghan allies and their fam- lies against all the odds—and my office
BLUMENTHAL. ilies. has been proud to work with them—
The PRESIDING OFFICER. The Sen- Our at-risk Afghan allies deserve no have inspired me.
ator from Connecticut. less. That is what I have said to the I call on my colleagues in both par-
Mr. BLUMENTHAL. Mr. President, I President of the United States in a let- ties and in both Chambers of Congress
am honored today to join Senator and the executive branch to continue
ter that I have written to him person-
ERNST and Senator GRAHAM in this call this work until we enable every at-risk
ally. That is the reason that I offered
on America to honor our commitment. Afghan ally to leave Afghanistan. To
an amendment with Senator GRAHAM
This effort is completely bipartisan, do any less is an immense tragedy, and
and Senator ERNST, which, unfortu-
and it is about values and ideals that it will forever stain the honor of this
nately, was not included in the final
we share and that we should reempha- country if we fail to complete this mis-
version of the National Defense Au-
size at this time of year, at this mo- sion.
thorization Act. And that is why I en- I yield the floor.
ment in our history, at this chal- listed colleagues to support it. And, in- The PRESIDING OFFICER. The Sen-
lenging moment in world history. deed, it has broad bipartisan, broad bi- ator from South Carolina.
We are here to support a grassroots cameral support to establish a strat- Mr. GRAHAM. Mr. President, I want
initiative called Honor Our Commit- egy—very simply a strategy—to sup- to—before Senator BLUMENTHAL de-
ment. Our goal is very simply to keep port the mission of evacuating those parts—thank him so much for bringing
this cause present and real for Ameri- at-risk Afghan allies. this to my attention. And it came from
cans, even as we complete the wars in I am saddened that the Congress has his constituent—the idea—Sid
Afghanistan and Iraq, so that we keep failed to require this basic plan and ful- Goodfriend, who has truly been a good
faith with the Afghan allies and their fill our moral obligation. That legisla- friend to this cause.
families to bring them to safety, to tion directed the administration to de- And Senator BLUMENTHAL I find to be
evacuate them, to enable them to es- velop a plan that would provide for an always willing to work with you where
cape the danger, death, and torture initial, expedited security screening he can. And the fact that he has a son
that threatens them now. and vetting, conducted remotely, if who served as a Marine infantry officer
For 20 years, these men and women necessary, to get our allies out of Af- and a son who is a Navy SEAL speaks
helped to protect our troops and our ghanistan as quickly as possible. volumes to his family. And to those
diplomats. They are the translators, We need to encourage rapid departure two young men, who served at the
civil servants, humanitarian workers, by air charter and land passage because highest level in the military, thank
members of the judiciary, and others the United States has no presence dip- you very much.
who supported the U.S. mission in Af- lomatically or militarily. Those char- Mr. Goodfriend came to us with the
ghanistan. They were at our side, at ter flights, the on-land passage, are the idea of what can we do to not let Amer-
significant risk to them, sometimes in only means of escape right now, and ica forget. Afghanistan is hell on Earth
combat. I know because one of my sons the situation of these at-risk Afghan right now. Twenty-three million people
was a Marine Corps infantry officer in allies and their families is increasingly are virtually starving to death. ISIS is
Helmand Province, and he felt so deep- dire and dangerous. at war with the Taliban. Al-Qaida is
ly that he had an obligation to bring to There are numerous humanitarian growing in influence. And people inside
safety his translator, which he was flights, independently organized and of Afghanistan are living a miserable
able to do after years of effort. There funded by nonprofit organizations, to life. Those who helped us are being
are many other translators like him expedite the evacuation process in par- hunted down. Special operations com-
still in danger there who went into allel to U.S. Government efforts. We mandos are now having to choose be-
combat with our troops and helped to ought to encourage that assistance, tween joining ISIS or dying.
protect them. My other son is a Navy not create bureaucratic hurdles to hob- And the point here is not to focus on
SEAL—was. He is out now. But he ble these efforts. how we got here. I have got my views;
knows as well the importance of these We need a strategy to have our gov- Senator BLUMENTHAL has his. We have
people on the ground to protect them. ernment engaged with relevant coun- agreed, when it comes to going for-
I fear for other parents in the future tries to facilitate transport to third ward, we have to be together. And
who will know their sons and daughters countries—or lily pads, as they are there is plenty of blame to go around,
are in harms’ way and who need those called—where more rigorous and thor- so we don’t need to beat on one group
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folks on the ground, the people who ough security screening and vetting versus the other right now. What we
speak the language, who know the cul- can be completed before onward move- need to focus on is what is next.
ture, who have friends in the commu- ment to the United States or other lo- And Senator BLUMENTHAL’s legisla-
nity. How can we ask them to serve us cations for resettlement. tion that I joined with to create a plan,
when we are engaged in the same kind So I am disappointed—in fact, I am an evacuation czar, is the bare min-
of conflict, if we fail to honor our angry—that this amendment was not imum we need to be doing. Out of
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December 9, 2021 CONGRESSIONAL RECORD — SENATE S9057
sight, out of mind does not work in this And the one thing I like about Sen- The senior assistant legislative clerk
environment. ator BLUMENTHAL: He is the most tena- read as follows:
‘‘Honor our commitment’’ is a phrase cious guy I have ever met without CLOTURE MOTION
we use to describe what we are trying being mean about it. He has a deter- We, the undersigned Senators, in accord-
to achieve. You can’t fight these wars mination for his causes that is unparal- ance with the provisions of rule XXII of the
by yourself. If America has to go it leled. Standing Rules of the Senate, do hereby
alone in the war on terror, it is going I can understand why your sons went move to bring to a close debate on the mo-
tion to concur in the House amendment to S.
to be a very dark period for the United in the Marine Corps and the Navy. I
610, a bill to address behavioral health and
States. think they probably get those qualities well-being among health care professionals.
The goal is to get people in the faith, from you and your wife. Charles E. Schumer, Tina Smith, Martin
in the region, to fight back against the So we are going to take that quiet Heinrich, Elizabeth Warren, Patty
radical Islamic movement that would determination. We are not going to let Murray, Tammy Duckworth, Tim
take the whole world into darkness. this go. We are going to insist that this Kaine, Gary C. Peters, Angus S. King,
And the good news is, for 20-something body vote to create a system to make Jr., Richard J. Durbin, Brian Schatz,
years, people fought. The Afghans died sure that those who were with us get Margaret Wood Hassan, Jacky Rosen,
in large numbers in the last 5 years. I treated fairly. Chris Van Hollen, Jeanne Shaheen,
Christopher Murphy, Ron Wyden.
don’t think we lost a soldier in 18 To the American people: You aban-
months. God bless the fallen and God don those who helped us in Afghanistan The PRESIDING OFFICER. By unan-
bless the injured, but to say that the at our own peril. imous consent, the mandatory quorum
Afghans weren’t fighting is just a dis- This is a time of reckoning for the call has been waived.
honor to those who fell. American people. It is a time of choos- The question is, Is it the sense of the
And now we are out, and we have left ing. And I choose honor over abandon- Senate that debate on the motion to
behind people who had a choice be- ment. I choose to be a good ally, some- concur in the House amendment to S.
tween standing up to the Taliban and one you can count on when the going 610, a bill to address behavioral health
ISIS and al-Qaida and siding with us. gets tough. And I think that spirit and well-being among health care pro-
They chose us, and now we are gone. really does describe our country. fessionals, shall be brought to a close?
So the green ribbon campaign—I The yeas and nays are mandatory
We cannot forget them.
I promise you, how we handle the would like more of our colleagues to under the rule.
The clerk will call the roll.
next year or two in Afghanistan will wear the ribbon during the holiday sea- The senior assistant legislative clerk
determine what kind of a national se- son to get people who are looking to called the roll.
curity future America has. People are America for hope see a demonstration The yeas and nays resulted—yeas 64,
testing us all over the world right now. of our will. nays 36, as follows:
I would like to work with Senator If you travel abroad, you are shocked [Rollcall Vote No. 490 Leg.]
BLUMENTHAL and others when it comes at how people view our country. We YEAS—64
to Ukraine. I want to introduce sanc- sort of fight with each other all the
Baldwin Hassan Reed
tions with a national security waiver time that sometimes we lose sight of Barrasso Heinrich Romney
that would allow President Biden to how important we are. When you travel Bennet Hickenlooper Rosen
sanction the hell out of Russia based throughout the world—I know the Pre- Blumenthal Hirono Sanders
Blunt Kaine Schatz
on the military buildup that threatens siding Officer does this—the people Booker Kelly Schumer
Ukraine, not the actual invasion; to care what we think, and they watch Brown King Shaheen
give him tools where he can go to what we do. Burr Klobuchar Sinema
Putin and say: This is what Congress, We still, in spite of all our dif- Cantwell Leahy
Smith
Capito Luján
in a bipartisan fashion, thinks about ferences, represent the best hope of Cardin Manchin
Stabenow
what you are doing. You go forward at mankind. I really believe that. I think Carper Tester
Markey
Thune
your own peril. our military represents the best spirit Casey McConnell
Tillis
I would like to create legislation that Collins Menendez
of mankind. Coons Merkley Van Hollen
would make sure this administration I think the men and women who Cornyn Murkowski Warner
and other administrations have the di- fought on our behalf in Afghanistan Cortez Masto Murphy Warnock
rection and the tools they need to end wearing the American flag feel a sense Duckworth Murray Warren
Durbin Ossoff Whitehouse
this Afghan engagement with a sense of obligation to those who stood by Ernst Padilla Wicker
of honor. them. That is why we wear the green Feinstein Peters Wyden
Honorourcommitment.org—you can ribbon. Gillibrand Portman
go to that site and get information Go to honorourcommitment.org. NAYS—36
about the status of people in Afghani- To Mr. Goodfriend, thank you. The Blackburn Hagerty Paul
stan. We have gotten some out, but we private sector is going to get involved. Boozman Hawley Risch
have got a lot left behind. And this We are going to get major corporations Braun Hoeven Rounds
Cassidy Hyde-Smith Rubio
green ribbon is an effort to remind our- advancing this cause. Cotton Inhofe Sasse
selves and the Nation writ large what And what can we do beyond wear the Cramer Johnson Scott (FL)
is at stake if we abandon those who ribbon and say a prayer? Crapo Kennedy Scott (SC)
fought along our side. We can pass legislation that will Cruz Lankford Shelby
Daines Lee Sullivan
I did my Reserve duty in Afghanistan make honoring our commitment real, Fischer Lummis Toomey
on several occasions. My commitment not just a talking point. Graham Marshall Tuberville
was small in comparison to most, but I With that, I yield the floor. Grassley Moran Young
got to know the translators. I got to I suggest the absence of a quorum. The PRESIDING OFFICER (Mr.
know the people who worked with the The PRESIDING OFFICER. The KING). On this vote, the yeas are 64, the
judges and the law enforcement offi- clerk will call the roll. nays are 36.
cials to bring a rule of law to being in The senior assistant legislative clerk Three-fifths of the Senators duly cho-
Afghanistan. proceeded to call the roll. sen and sworn having voted in the af-
I am sure all those who served relied Mr. KELLY. Mr. President, I ask firmative, the motion is agreed to.
upon their translators for their very unanimous consent that the order for Cloture having been invoked, the mo-
life—not only ‘‘What did the guy say?’’ the quorum call be rescinded. tion to refer and the amendment pend-
but ‘‘Are we safe?’’ And the bravery of The PRESIDING OFFICER. Without ing thereto fall.
ctelli on DSK11ZRN23PROD with SENATE
Afghans to side with us should be re- objection, it is so ordered. The Senator from Utah.
spected and honored. CLOTURE MOTION UNANIMOUS CONSENT REQUEST—S. 2846
And I am going to join with Senator The PRESIDING OFFICER. Pursuant Mr. LEE. Mr. President, Pfizer re-
BLUMENTHAL and ERNST and others to to rule XXII, the Chair lays before the leased a study this week showing how
introduce freestanding legislation. We Senate the pending cloture motion, antibodies from its vaccines respond to
will try to do it before the holidays. which the clerk will state. the Omicron variant in a lab.
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S9058 CONGRESSIONAL RECORD — SENATE December 9, 2021
The company claims that three doses Tragically, tens of millions of Ameri- Agencies like the CDC and NIH are
should provide some protection against cans have superior protection against already looking closely at the data on
the variant. It also showed that those the virus, even from new variants, and COVID–19 infection and natural immu-
who had previously had COVID and re- yet this administration would still fire nity; they have been since the earliest
covered demonstrated stronger immu- them if they don’t comply with the ad- days of this pandemic.
nity to the Omicron variant. ministration’s mandates regarding vac- In an August ‘‘Morbidity and Mor-
While natural immunity comes at a cination. It is as irrational as it is tality Weekly Report,’’ CDC actually
cost, studies have shown throughout cruel. assessed data from Kentucky and found
the pandemic that it works. Those who I have heard from hundreds of Utahns that out of a group of people who had
have recovered from COVID have sig- who are worried about losing their jobs been infected with COVID before, those
nificant protection from both catching due to the mandate. They are just a who were unvaccinated were twice as
the virus again and from the most se- few of the half a million workers who likely to get COVID again than people
vere symptomatic infections. While are at risk of losing their jobs in my who were vaccinated.
this is not always the case, and vac- State. There are 45 million Americans And a CDC report from October
cination may improve immunity fur- altogether who could lose their jobs looked at multiple studies and con-
ther, natural immunity is real. There due to this unconstitutional, illegal, cluded that vaccinating people who
are data to prove that. and immoral overstep. were previously infected significantly
A study conducted in Italy showed The Senate, thankfully, recognized strengthened their immune response
that natural immunity is more effec- that these jobs were worth saving last and reduced their risk from COVID.
tive than vaccines at reducing risk of night. Fifty-two Senators, including In other words, being unvaccinated
future infection. Another study of half Democrats and Republicans, stood with puts you at higher risk of being rein-
a million people in Denmark showed American workers. Now, that resolu- fected, period. Getting vaccinated is a
that natural immunity provides sig- tion could, of course, fail in the House, necessary step to protect you and to
nificant, lasting protection against in- but it could, of course, be vetoed by the protect those around you.
fection. President. Nevertheless, regardless of And now our Agencies are focused on
Finally, a study from three separate that outcome, the Senate’s statement a new variant, as we know, that ap-
hospitals in Israel found that natural last night rings loud and clear. pears to be spreading quickly through-
immunity from a previous COVID in- Moreover, I hold out hope that the out the world—Omicron.
fection was ‘‘twenty-seven times more American people are being heard—they We are in the middle of the deadliest
effective than vaccinated immunity in are being heard in the Senate, as evi- pandemic in American history. It has
preventing symptomatic infections.’’ denced by last night’s vote; they are killed 785,000 people and counting. If we
This, of course, is good news, espe- being heard in the House of Represent- are going to end this, if we are going to
cially considering that natural immu- atives, which will take up this measure reopen our economy, if we are going to
nity is combining with vaccinated im- in the coming days. save lives, we need to get everyone vac-
munity in the general population. Re- I hold out hope that the House, too,
cinated when they are eligible.
cent data from the Nationwide Blood will pass this measure, and I implore
We certainly don’t need politicians
Donor Seroprevalence Survey shows the President to consider allowing it to
suggesting they know more than the
that almost 92 percent of Americans become law.
But regardless of what else happens, experts and ignoring the data. We don’t
over the age of 16 have COVID anti-
these workers need immediate, real, need bills meant to weaken one of our
bodies from vaccination or infection.
lasting protection from the threat of strongest tools to get this thing behind
The vast majority of Americans have
at least some protection against the mandates. One way to have a sig- us, like the one that the Republicans
COVID–19—92 percent. nificant portion of these jobs protected have repeatedly been pressing for.
I believe the vaccines are generally is to recognize the benefits of natural Workplace safety standards are noth-
safe and effective. I have been vac- immunity. ing new in this country. Immunization
cinated, as has my family. I see these So today I am offering a bill that requirements are nothing new in this
vaccines as a miracle, one that is help- would require that Federal Agencies country.
ing protect many millions of Ameri- recognize, accept, truthfully present, And let’s be clear. The emergency
cans from the dangers associated with and include natural immunity in any temporary standard OSHA has put for-
COVID–19. regulation. This bill does not say that ward specifically provides employers
But I also recognize that millions of vaccines are bad or unhelpful; it mere- the flexibility to offer testing as an al-
Americans are separately protected, ly asks the Federal Government to re- ternative to vaccination.
separate and apart from anything else spect widely available science. People are dying every day. Families
that might be there, as a result of im- I am glad to be joined in this effort are scared and they are tired and they
munity built up through their natural by Senators BRAUN, TUBERVILLE, and are angry that, even as they try so
defenses because they have previously SULLIVAN, who are with me as cospon- hard to do the right thing so we can
contracted and then recovered from sors. end this crisis, even after all the
COVID. This bill would keep Americans em- progress we have made to rebuild our
Now, the science shows that this im- ployed and help us beat the pandemic economy and get students safely back
munity is strong, that it is effective, in a smart way. I urge my colleagues to in our classes, get people safely back to
and that it is really widespread in support it. work, and get unemployment back to
America. Astoundingly, that informa- To that end, I ask unanimous consent the lowest level since before this pan-
tion is not frequently shared in the that the Committee on Health, Edu- demic started—all that progress, all of
media and never mentioned by the cation, Labor, and Pensions be dis- our hard work is at risk of being under-
Biden administration. In fact, the ad- charged from further consideration of mined by bills like this.
ministration makes no effort to recog- S. 2846 and that the Senate proceed to Can Republicans please stop wasting
nize natural immunity in its mandates its immediate consideration. I further our time trying to take us backward
or in its formal guidelines. ask that the bill be considered read a and pretending they know more than
I have asked the Biden administra- third time and passed and that the mo- the experts about this disease? Is that
tion to provide clarity on its research tion to reconsider be considered made too much to ask? I think not.
on natural immunity as well as mean- and laid upon the table. I object.
ingfully address the research being The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Objec-
conducted by other countries that objection? tion is heard.
ctelli on DSK11ZRN23PROD with SENATE
show natural immunity is strong and The Senator from Washington. The Senator from Utah.
effective and valid. However, the Biden Mrs. MURRAY. Mr. President, re- Mr. LEE. Mr. President, it is impor-
administration has yet to respond to serving the right to object, unfortu- tant to remember that the fact that
my inquiries, inquiries that I asked, nately, even though the Senate has had someone holds a government post and
reasonably, to be answered no later multiple exposures to nonsense ideas is an expert in a field does not make
than the beginning of this week. like this bill, they keep coming back. that person capable of making laws.
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December 9, 2021 CONGRESSIONAL RECORD — SENATE S9059
Yes, there are lots of experts in our sider the following nominations: Exec- despite their clear qualifications, the
government; some of them hold high utive Calendar Nos. 300, 348, 349, 415, history of fast-tracking nominations
bureaucratic or other executive posts. 416, 417, 418, 419, 420, 421, 422, 423, 424, like this in a bipartisan way, and most
It doesn’t mean that they may make 425, 426, 427, 484, 485, 569, 570, 571, 589, importantly, the critical challenge we
laws. 590, 591, 592, 593, 594; that the nomina- are facing and the work that families
By operation of the Constitution, we tions be confirmed and the motions to are counting on all of us to get done.
are the experts for purposes relevant to reconsider be considered made and laid They have been blocking several other
making law. We are the only organ of upon the table with no intervening ac- critical, noncontroversial nominees my
the Federal Government that may tion or debate; that no further motions colleagues have been pushing to con-
make law. be in order to the nominations; that firm as well.
And so anytime someone starts to any related statements be printed in We have heard plenty of excuses from
say they are the experts, therefore, the RECORD; and that the President be across the aisle, but all we know is
they get to make the law, that is a immediately notified of the Senate’s that there is no good reason for this.
problem. action and the Senate resume legisla- We know these are qualified nominees.
To call this a ‘‘nonsense idea,’’ to tive session. We know the work they are being
refer to this as an idea that wastes the The PRESIDING OFFICER. Is there blocked from doing is important if we
time of the American people, ignores objection? are going to rebuild our Nation strong-
the plight of almost 45 million Ameri- The Senator from Utah. er and better. I want my colleagues
cans whose jobs are being threatened Mr. LEE. I object. across the aisle to know that we are
right now. The PRESIDING OFFICER. Objec- not going to give up on this side. We
My friend and distinguished col- tion is heard. are going to keep pushing to get these
league, the Senator from Washington, The Senator from Washington. nominees confirmed so they can do
Mrs. MURRAY. Mr. President, I am their jobs and get to work for the peo-
has made an argument against this
sorry that we had an objection because ple and the communities of this Na-
that doesn’t match her conclusion.
right now, the HELP Committee has tion.
What she is stating is not that natural
more than 30 nominees who are waiting I yield the floor.
immunity makes no difference—al- I suggest the absence of a quorum.
on us to confirm them. These are quali-
though her conclusion would seem to The PRESIDING OFFICER. The
fied nominees, and they should be on
suggest that—what she is saying in- the job and working, overseeing crit- clerk will call the roll.
stead is that someone who has had ical parts of the Department of Labor The legislative clerk proceeded to
COVID and recovered and therefore de- and the Department of Education, lead- call the roll.
veloped natural immunity could de- ing independent Agencies, and serving Mr. CARDIN. Mr. President, I ask
velop additional resistance to future in very important roles. We need to unanimous consent that the order for
infections by also being vaccinated. confirm them so they can get to work the quorum call be rescinded.
I understand this argument. In fact, on behalf of the American people, espe- The PRESIDING OFFICER. Without
it is an argument that I myself have cially as we continue our economic re- objection, it is so ordered.
used. I had COVID, I recovered from covery. If we are going to rebuild from UNANIMOUS CONSENT REQUESTS—EXECUTIVE
COVID, and I have been fully vac- this pandemic, we need all hands on
CALENDAR
cinated. But the question is not wheth- deck. Mr. CARDIN. Mr. President, shortly,
er you can gain additional protection Many of the nominees whom I just I am going to be making a unanimous
from that; it is whether or not you can tried to move by unanimous consent consent request in regard to the con-
look at an original COVID infection were voted out of the HELP Committee firmations of several nominations that
from which someone has recovered and unanimously, and they have bipartisan are currently pending before the U.S.
accept the fact that it offers at least a support. But now my Republican col- Senate.
comparable degree of protection as one My colleagues have been pointing out
leagues are holding up all these nomi-
can obtain from a vaccine. that these are unprecedented times
nations for manufactured reasons and
So let’s be honest about what we are with the number of Presidential nomi-
in some cases, for absolutely no reason
and are not talking about here. We are nations that have cleared our com-
at all.
talking about 45 million Americans mittee and cleared committees with
That was, by the way, not our prac-
whose jobs are being threatened as overwhelming votes—in some cases,
tice during President Trump’s adminis-
they head into the holidays at a time near unanimous votes—of people who
tration or any other administration,
when economic conditions make that are well qualified for the positions to
and it should not be the practice now.
unusually intolerable—intolerable as a Obstructionism is not helping any- which they have been nominated, but
result of many conditions that the Fed- they cannot take their responsibilities,
one. All this does is make it harder for
eral Government itself put in place. their oaths, until after we have con-
Departments and Agencies to do their
In all events, this is really a bare firmed them before the U.S. Senate.
work and harder for our families and So, for reasons unrelated to their
minimum of what we can do for the our communities to get the help they qualifications or the need to have con-
American people. The burden should need. firmed nominees in positions, we have
not be on them to prove why they It should not be this difficult for the seen individual objections to allowing
should not be fired—fired by a company Senate to perform its constitutional these nominations to go forward—ob-
being threatened by the President of duty and confirm nominees who are jections from Republican Members of
the United States with crippling fines. qualified and supported by both Demo- the U.S. Senate. I say that because
This is cruel. It is barbaric. It is not crats and Republicans. Republicans are these are unprecedented. We have
authorized by statute or the Constitu- blocking or have delayed nominees who never seen mass numbers like we have
tion. And in this circumstance, they received support from every Repub- seen in this Congress.
are ignoring science. lican on the HELP Committee, nomi- We have a responsibility. We have a
The PRESIDING OFFICER. The Sen- nees who received support from bipar- responsibility to confirm Presidential
ator from Washington. tisan groups and who will serve in non- nominations so that they can carry out
UNANIMOUS CONSENT REQUESTS—EXECUTIVE partisan roles, and privileged nominees the missions that we want them to
CALENDAR who are supposed to be fast-tracked carry out and the responsibilities that
Mrs. MURRAY. Mr. President, I rise through the Senate as part of a long- go with the reasons why we think it is
this afternoon to request unanimous standing bipartisan practice, and that, important enough for the Senate to
consent to move qualified, by the way, includes a former colleague confirm those nominations. We then
ctelli on DSK11ZRN23PROD with SENATE
uncontroversial nominees from the of ours, Dennis DeConcini. Every one of have a responsibility to take these
Committee on Health, Education, these nominees has gone through the nominations up in a timely way and
Labor, and Pensions. full process and cleared the HELP act on them.
I ask unanimous consent that not- Committee. Secondly, when we have a confirmed
withstanding rule XXII, the Senate I am extremely frustrated that Re- person in position, we get greater ac-
proceed to executive session to con- publicans have blocked nominations countability on the responsibilities of
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S9060 CONGRESSIONAL RECORD — SENATE December 9, 2021
that Agency. We have a person whom I must tell you, I was on a call with Senate-confirmed representative in
we can hold accountable because of the Senator BLUNT yesterday with regard place.
actions that we have taken in con- to Colombia, the need to up our game This nomination has been pending for
firming that individual. Both are miss- in regard to USAID activities in that over 50 days.
ing in regard to not having these con- one country and so many more. My colleagues on both sides of the
firmed positions. Ms. Escobari is eminently qualified aisle are questioning the State Depart-
I chair the subcommittee of the Sen- for the position to which she has been ment and asking what they are doing
ate Foreign Relations Committee that nominated. Indeed, she served in this to get people out of Afghanistan. We
deals with the management of the position under the Obama-Biden ad- are asking valid questions. There is no
State Department, and I am going to ministration, and she should be con- reason to hold up this nomination from
be asking unanimous consent in regard firmed today. the point of view of her qualifications.
to seven nominees who passed out of Atul Gawande has been nominated as We need this position filled in order
our committees a long time ago and the Assistant Administrator of the to carry out our responsibility to those
have been pending in the Senate for United States Agency for International Afghans who are at risk today and mi-
months. There is no question as to the Development, another USAID appoint- grants who are at risk around the
qualifications of the individuals, but ment. He would lead the U.S. inter- world.
they are not able to take on the re- national health, development, and hu- Lastly, I will be asking consent with
sponsibilities for why we decided it was manitarian efforts worldwide. regard to Anne Witkowsky, the nomi-
important enough to have nominations Now, more than ever, we know we nee for Assistant Secretary for Conflict
with the confirmations of the Senate. need a confirmed person in the USAID and Stabilization Operations and Coor-
That is just not right, and I think we to deal with the COVID–19 pandemic. dinator for Reconstruction and Sta-
need to point that out. Our leadership is desperately needed. bilization.
First, I want to just talk about the The Conflict and Stabilization Oper-
We are asking lots of international
individuals, and then I will make my ation Bureau is responsible to antici-
questions today from the Biden admin-
consent. pate, prevent, and respond to conflicts
istration. Wouldn’t it be nice to have a
One is Adam Scheinman, as the Spe- that undermine U.S. national interests.
confirmed ambassador who is respon-
cial Representative of the President for We are putting our national security at
sible for this?
Nuclear Nonproliferation, with the risk without leadership in the Conflict
The nomination has been pending be-
rank of Ambassador. The nomination and Stabilization Bureau to assess how
fore the full Senate since September 29,
has been pending before the full Senate the United States will engage in
for over 70 days.
since October 19—for over 50 days. Dr. Gawande is eminently qualified emerging conflicts.
Adam Scheinman is the Special Rep- We were trying to stop conflicts from
for the position to which he has been
resentative of the President for the Nu- happening. We all recognize that. The
nominated. There is no good reason not
clear Nonproliferation, a position that risk factors couldn’t be greater around
to confirm him today.
is essential to national security as a the world for conflict. We need to have
Next will be Marcia Bernicat, as the
U.S. Special Representative on the nu- a confirmed Assistant Secretary re-
Director General of the Foreign Serv-
clear nonproliferation treaties and the sponsible for this portfolio in place im-
ice and Chair of the Board of the For-
support of activities to strengthen mediately.
eign Service, Department of State. This nomination was reported out of
global nuclear nonproliferation re-
The Director General of Foreign
gimes. Can you think of a more impor- the Senate Foreign Relations Com-
Service, who serves concurrently as the
tant position? mittee on August 4. Her nomination
Mr. Scheinman is eminently quali- Director of Global Talent Management,
has been awaiting confirmation for 126
fied for the position to which he has is responsible for leading the GTM Bu-
days.
been nominated, and there is no stated reau’s mission of recruiting, retaining, Dr. Witkowsky is fully qualified and
reason not to confirm his nomination. and sustaining a diverse, talented, and should be confirmed without further
The second is Jack Markell, to be inclusive Foreign Service and Civil delay.
Representative of the United States to Service workforce at the Department So, Mr. President, I ask unanimous
the Organization for Economic Co- of State. consent that notwithstanding rule
operation and Development, with the The position is critical in the mod- XXII, the Senate proceed to executive
rank of Ambassador. Jack Markell is ernization of the State Department and session to consider the following nomi-
the nominee to be the Ambassador of making sure the Department is at- nations: Executive Calendar Nos. 323,
the OECD, known as the heavy-weight tracting and training the necessary 327, 328, 461, 462, and 528; that the nomi-
multilateral organization in the area of talent needed to tackle the challenges nations be confirmed, the motions to
anti-corruption and keeper of the of the 21st century. reconsider be considered made and laid
OECD’s anti-bribery convention, which This nomination has been pending upon the table with no intervening ac-
is one of the most important inter- before the full Senate since September tion or debate; that no further motions
national anti-corruption treaties. We 13, over 86 days. be in order to the nominations; that
all talk about our commitment to fight I recently held a hearing in the sub- any related statements be printed in
corruption, and yet we are holding committee on the retention and train- the Record; that the President be im-
back a confirmed ambassador to that ing of our State Department personnel. mediately notified of the Senate’s ac-
position. We had lots of questions, lots of good tions; and the Senate resume legisla-
Jack Markell is a former Governor things we need to do. We need a con- tive session.
and is eminently qualified for the posi- firmed administrator in order to have a The PRESIDING OFFICER (Mr. VAN
tion to which he has been nominated. person responsible to carry out the HOLLEN). Is there objection?
There is no reason why we should not changes that we need in regard to the Mr. HAWLEY. Mr. President.
confirm his nomination. personnel at the State Department. The PRESIDING OFFICER. The Sen-
Marcela Escobari was appointed to be There is no reason why she should not ator from Missouri.
the Assistant Administrator of the be confirmed without any further Mr. HAWLEY. Mr. President, reserv-
U.S. Agency for International Develop- delay. ing the right to object, approximately
ment, USAID. The Assistant Adminis- My next unanimous consent will be 24 hours after the attack at Abbey Gate
trator for Latin America and the Car- in regard to Julieta Valls Noyes to be in Kabul, I had the privilege to speak
ibbean oversees all USAID activities in Assistant Secretary of State for Popu- with the father of one of the marines
the region, including the 13 field offices lation, Refugees, and Migration. who lost his life there, a young marine
ctelli on DSK11ZRN23PROD with SENATE
for regional programs and 3 Wash- Now, more than ever, with the ad- from the State of Missouri, St. Charles
ington, DC-based programs. Ms. ministration dealing with a backlog County, named Jared Schmitz.
Escobari served in the same position that has been heightened by COVID His father, whose name is Mark, told
for which this nomination is being and with the withdrawal from Afghani- me of the devastation of losing his son.
made under the Obama-Biden adminis- stan, the Bureau of Population, Refu- He later spoke in public about his son
tration. gees, and Migration needs to have a in this way. He said:
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December 9, 2021 CONGRESSIONAL RECORD — SENATE S9061
I am very honored— vote on these nominees? You bet it is. were in session. How many votes did
This is Mark talking about his boy You bet it is because we don’t need the U.S. Senate take on any subject?
Jared. more leadership of the same kind in Zero. If these were such pressing prior-
I’m very honored that I could call him my the State Department. We don’t need ities, why isn’t the Senate majority
son. His life meant so much more. I’m so in- more leadership of the same kind in leader putting them on the floor for a
credibly devastated that I won’t be able to the Department of Defense. We need a vote? I have no earthly idea other
see the man that he was very quickly grow- different kind of leadership. We need a than, apparently, he just can’t get his
ing into becoming.
different direction for this country. act together to do it.
Thirteen servicemembers lost their Until there is accountability, I am Here we are. It is 2:15 in the after-
lives on that day and hundreds of civil- going to ask that the Senate do the noon on a Thursday.
ians. As a result of the botched evacu- simple task of its job, which is to actu- Are we voting?
ation operation, hundreds, if not thou- ally vote on these nominees. The least No.
sands, of American civilians were left we could do is observe regular order How many votes have we taken
behind to the enemy, where hundreds and vote on these leadership positions today?
still remain. at the Department of State and at the One.
Now, I am not going to reveal the Department of Defense. Will we be voting tomorrow?
contents of my conversation with Mr. My colleague from Maryland says— I doubt it.
Schmitz, except to say something that and I think he is right—that we have Will we be voting next week?
he asked me, something that he told got to put national security first. I Who knows. Apparently it is not that
me. He told me, ‘‘Go fight like hell,’’ agree with him about that. That begins much of a priority.
and that is exactly what I am going to at the top, with the President of the So Senator SCHUMER has a lot to an-
do until there is accountability for the United States and the leadership of the swer for in many regards, not the least
worst foreign policy crisis this country of which is his defense of the indefen-
Department of Defense and the Depart-
has suffered since the Vietnam war. sible Afghanistan debacle and the loss
ment of State. But I, for one, am not
We hear from our friends on the of life there. But he also should take a
other side of the aisle that our insist- going to stand by and look the other
way while this administration system- look in the mirror. And I humbly sug-
ence that we actually vote on nominees gest that my colleagues across the
is unprecedented. I would humbly sug- atically endangers our national secu-
rity, imperils the American people, and aisle might want to question him as to
gest that the crisis into which this why these nominations that they insist
President has led this country is un- watches the sacrifice of our soldiers go
by without any accountability, with- are so important aren’t being put on
precedented. In my lifetime, it is un- the floor to be voted on.
precedented. out any change in direction.
I am not willing to look the other I would be happy to vote on them
It is unprecedented for an American
way and just pretend it didn’t happen, anytime, but I am not going to consent
President to watch 13 servicemembers
which seems to be the posture that to waving them through and waiving
lose their lives in an evacuation for
many in this body have adopted. I am regular order until there is some ac-
which he is responsible and then to cel-
ebrate that operation as ‘‘an unquali- not willing to do that. Frankly, I can’t countability for the disaster that this
fied success,’’ ‘‘an extraordinary suc- do that because I promised the parents administration has pushed upon this
cess,’’ I believe were President Biden’s of the fallen that I wouldn’t do that. country and upon the people of my
words. So I am going to discharge my re- State.
Really, an extraordinary success? sponsibility. And as long as it takes, I Now, I have one other—before I ob-
Thirteen servicemembers dead, hun- will continue to draw attention to ject—and I am going to object, Mr.
dreds of civilians dead, hundreds of what happened at Abbey Gate and to President. Before I do, I want to pick
Americans left behind to the enemy— demand accountability for it. up one piece of bookkeeping item,
that is success? No, that is a failure. If I am still here on the floor doing bookkeeping issue with my colleague,
That is unacceptable. this in 2023, so be it; 2024, so be it, until the Senator from Maryland. Let me
And who has been held accountable somebody is held accountable. I don’t just say this while I am on that sub-
for this disaster? No one. Who has the care who the President is. I don’t care ject. The Senator from Maryland is
President fired? Who has offered their what administration it is. I want to see across the aisle. I want to be clear
resignation? Which of the planners at accountability for what has happened about this with my colleague, the Sen-
the Department of State or the Depart- in Afghanistan, what happened to ator from Maryland, whom I have
ment of Defense or the National Secu- those servicemembers, and what hap- worked with many times before.
rity Council has been relieved of duty? pened to those hundreds of civilians I don’t doubt for a moment his sin-
No one. who are even now left behind enemy cerity or his earnestness on this issue.
We have seen this movie before. Back lines to the enemy. And I know that he thinks that these
to Vietnam. In Vietnam, we watched as I would just note one other thing nominations are pressing and that they
the experts in Washington sent thou- about the situation we are in, vis-a-vis are important, and I agree with him.
sands and thousands of Americans to these nominees. While I can ask that And I am sure that he is frustrated by
die, concealing the true state of the there be a vote on the floor of the Sen- the fact that we disagree on the right
war, lying to the American people. ate, I certainly can’t prevent that vote. way to get accountability in Afghani-
And what happened to the people who So you might ask yourself: Why in the stan. I acknowledge that. It is an hon-
planned that disastrous war over all world, if these nominations are so im- est disagreement.
those years? Nothing. They went on to portant—and, by the way, I agree that So I don’t want my remarks in any
their board seats. They went on to col- these are leadership positions. That is, way to suggest in any fashion that I
lect their fat pension checks. They in fact, why I am asking for a vote. question the integrity or the upright-
went on to be celebrated. And who was These are leadership positions to the ness or the sincerity of my colleague
left to pick up the pieces? It was the Department of State, in this case, the from Maryland, and I just wanted to
families of the fallen. It was those who Department of Defense in other cases. say to him that two of the nominations
lost their lives. But why in the world we haven’t voted? that he read out I don’t have any objec-
Well, I, for one, am not willing to I can’t prevent a vote. None of my col- tion to: Adam Scheinman and Jack
stand by and participate in that kind leagues can prevent a vote. Markell. So if the Senator were willing
of theater again. I am not going to go The answer is, ask Senator SCHUMER. to reoffer those separately, I think he
back to the families of the fallen in my My friends control the floor. Senator certainly would encounter no objection
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State and say that I didn’t do anything SCHUMER is the majority leader of the from me.
while people in this body looked the U.S. Senate, and what has he had the But with all of that, Mr. President, I
other way. It is time that there was ac- Senate doing? Well, not much. object.
countability. Last week, over a 3-day period—3 The PRESIDING OFFICER. The ob-
So is this a protest that I am launch- days—how many votes did the U.S. jection is heard.
ing by asking the Senate to actually Senate take? One. For 2 full days, we The Senator from Maryland.
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S9062 CONGRESSIONAL RECORD — SENATE December 9, 2021
Mr. CARDIN. Mr. President, I would tor general for the Department of Jus- to the inspector general; Federal prison
be willing to modify to get those two tice. The IG oversees Justice Depart- guards, inspector general. They can all
nominations approved. I want to be ment components ranging from the be investigated by the independent in-
clear. I have been told that there may FBI to the Federal Bureau of Prisons spector general, except for the lawyers.
be other objections on the other side of and the Drug Enforcement Administra- And it enables the appearance, if not
the aisle. I would like to get them done tion. the reality, of politicization in cases
right now, if possible. I would modify But there is a problem. There is a where the alleged misconduct involves
my request to get these two nomina- loophole. There is one clear omission high-ranking Department attorneys.
tions done. when it comes to the authority of the For years, literally decades across
I have been told that there is a Re- inspector general. Listen. The Justice administrations, other Senators before
publican objection to the other two Department inspector general cannot us and Senator LEE and myself now
nominations. investigate professional misconduct by have worked to close the lawyer loop-
Let me just conclude this part of the Justice Department lawyers. Let me hole with our Inspector General Access
discussion by saying I understand that repeat that. The Justice Department Act. He advocated for this bill when
you have a right to demand a vote, but inspector general cannot investigate Bill Barr was the Attorney General of
you are requiring us to file cloture, misconduct by Justice Department President Trump. I am advocating for
which means basically it is a filibuster. lawyers. this bill when Merrick Garland is the
And under the Senate rules, that re- This means the Department’s inde- Attorney General of President Biden.
quires an intervening day; it requires a pendent inspector general cannot in- You would be hard pressed to find a
vote and debate on the cloture motion; vestigate allegations of misconduct by bill with broader-based bipartisan sup-
then debate time. And there are only a lawyers in the Department’s National port. Our original cosponsors include—
certain number you can get done with- Security Division, Criminal Division, and he is here today on the floor—my
in a period of time while other ones are 93 offices of U.S. attorneys, or even the colleague Senator GRASSLEY, the rank-
pending. Attorney General himself. ing member of the Judiciary Com-
So the fact that we are not able to Well, what does this result in? mittee; Senators LEAHY, FEINSTEIN,
have a process to conclude these nomi- All too often, Justice Department of- RUBIO, KLOBUCHAR, CRUZ, COONS,
nations is not the majority leader’s ficials from the administrations of BLACKBURN, BLUMENTHAL, and HIRONO,
fault. It is the fault of the massive ob- both political parties have escaped to name a few.
jections that are being made en bloc to independent scrutiny by the inspector Last year, we considered this bill in
qualified individuals in regards to general. the Judiciary Committee and we re-
these appointments. The IG was unable to investigate, for ported it out of the committee after a
And I understand the gentleman’s example, discovery violations during debate, and the vote was 21 to 1 to
concerns, but the American people the prosecution of our former colleague bring this bill to the floor. Unfortu-
have a right to demand that there is an Ted Stevens. The inspector general was nately, it didn’t pass last year. It
accountable person to deal with non- unable to investigate the unethical passed the House. It passed again this
proliferation, that there is a confirmed non-prosecution agreement with sex of- year in the House.
nominee to deal with the remaining in- fender Jeffrey Epstein. And absent ap- This broad support reflects a basic
dividuals that are in Afghanistan that proval by the Attorney General or his principle: No Attorney General from ei-
we are trying to get out of Afghani- deputy, the inspector general cannot ther political party should be insulated
stan. And by denying the confirma- investigate professional misconduct by from independent scrutiny by the in-
tions of these appointments, we are de- high-ranking Department of Justice spector general; and no Attorney Gen-
nying the rights of Americans to have political appointees. eral should have veto power over the
accountable people confirmed by the This lawyer loophole, of all places, is inspector general’s authority to inves-
Senate in regards to all of these impor- unique to the Justice Department. The tigate Department of Justice attor-
tant subjects. Department of Justice—I want this neys, whether that Attorney General is
So, for all those reasons, I am dis- clear for the record—is the only, only, a Democrat or a Republican.
appointed. I will take back to my col- Agency in the Federal Government Mr. President, I would like at this
leagues the offer in regards to the two whose inspector general cannot inves- point to yield to my colleague Senator
individuals that the gentleman men- tigate professional misconduct by LEE.
tioned. And if we can clear those two, Agency lawyers. I hope that is clear. The PRESIDING OFFICER. The Sen-
we will try to bring them back to the Inspectors general investigate the ac- ator from Utah.
floor and get them cleared. So I appre- tivity and conduct of lawyers in every Mr. LEE. Mr. President, it is impor-
ciate that offer, and we will see what other Federal Agency other than the tant to remember every Agency within
we can do about getting those two con- Department of Justice. Instead, DOJ the Federal Government has an inspec-
firmed. lawyers get special treatment. They tor general. Inspectors general play an
I yield the floor. aren’t subject to the inspector general important role in every Agency, and
The PRESIDING OFFICER. The like every other Federal agency. In- they are there for the purpose of inde-
Democratic whip. stead, they are under the supervision of pendently reviewing the actions of
UNANIMOUS CONSENT REQUEST—S. 426 the Department’s Office of Professional those who operate that Agency.
Mr. DURBIN. Mr. President, after Responsibility, known as OPR. Everywhere you look, these inspec-
Watergate, Congress passed the Inspec- Now, I don’t dispute the skill or dedi- tors general serve with independence,
tor General Act, creating independent cation of OPR. The problem is not and what we see from them is work
watchdogs who would ensure integrity, their qualifications; it is their inde- product that is publicly released and
transparency, and accountability for pendence. can be digested by the public. It is a
executive branch Agencies and offi- Listen to this. Unlike the inspector helpful resource not only for the Amer-
cials. general, OPR reports to the Attorney ican people but also to us personally as
Since then, inspectors general have General, who can control and even ter- Members of the U.S. Senate, who, in
played a vital role in exposing mis- minate investigations. This doesn’t our capacity as Senators, have the
conduct by administrations of both po- happen in any other Federal Agency. ability and, in fact, the duty of exer-
litical parties. Over the years, IGs have This creates an unfair double standard cising oversight over Federal Agencies.
proven indispensable—so much so that where every other DOJ employee is With respect to the U.S. Department
Congress has repeatedly expanded their subject to inspector general scrutiny. of Justice, a body that really is all
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ranks—originally 12 after the 1978 In- So if you are an FBI agent, the in- about law and has a lot of lawyers, to
spector General Act, to now 74 sepa- spector general is going to be watching put it very mildly, you end up with a
rate, independent inspectors general in your conduct to make sure it is proper. dichotomy—a dichotomy that can’t be
the Federal Government. Drug enforcement agents in the De- found anywhere else.
In 1988, Congress created several new partment of Justice, subject to the in- In every other Federal Agency, the
inspectors general, including an inspec- spector general; U.S. marshals, subject inspector general is able to do his or
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December 9, 2021 CONGRESSIONAL RECORD — SENATE S9063
her job, to conduct research, to do cluding those who operate the Office of We need this. We need it now as
evaluations, issue public reports. And Professional Responsibility, by and much as ever. I implore my colleagues
those reports allow us to exercise our large do their job and do their job well to support it.
oversight responsibilities. They also and faithfully. But insofar as we allow The PRESIDING OFFICER. The Sen-
allow the American people to know them to do their job in such a way that ator from Illinois is recognized.
what is going on in the Agency in ques- it precludes any ability by the inspec- Mr. DURBIN. I thank the Senator
tion. tor general of the Department of Jus- from Utah for his cosponsorship of this
We have got a difference within the tice to penetrate section 8E of the In- bipartisan measure.
Department of Justice. If you are a spector General Act insofar as it insu- I want to yield at this point to the
lawyer within the Department of Jus- lates the operations of the U.S. Depart- ranking Republican member of the
tice, you are covered by the Office of ment of Justice from investigation of Senate Judiciary Committee. I can’t
Professional Responsibility. the sort that we have come to expect think of a single Member on either side
Now, I want to point out a couple of and rely on from the Office of Inspector of the aisle who has been as outspoken
differences within the Office of Profes- General, it is going to be a problem. as Senator GRASSLEY of Iowa on the
sional Responsibility—between OPR, as Within the Department of Justice in role and the importance of inspectors
it is called, and the Office of Inspector particular, it is a big problem. I think general.
General. These don’t reflect any idea it would be unwise in any Federal I yield the floor to Senator GRASS-
that one is bad and the other one isn’t. Agency for us to say: OK, the IG can do LEY.
They are just different. anything that the IG needs to do unless Mr. GRASSLEY. Thank you, Senator
The Office of Professional Responsi- there is a lawyer involved. I think that DURBIN, and thank you, Senators DUR-
bility does operate on a confidential BIN and LEE, for bringing some com-
would be dangerous anywhere because
basis. It operates in secret. And I don’t you do have lawyers involved, but it is mon sense to the principles of checks
use that term denigratingly. It is there especially dangerous at the Depart- and balances of government.
to perform a specific, highly special- ment of Justice because so much of In this particular case, it is not
ized role. what they do is law, is necessarily per- checks and balances between the legis-
See, lawyers have a separate set of formed by people who are lawyers. lative branch and the executive branch
ethical rules and standards they are ex- so much as it is injecting another level
What happens is that we see count- of checks on abusive authority within
pected to abide by. The Department of
less dead ends where, because the Of- the executive branch.
Justice, employing a lot of lawyers,
fice of Professional Responsibility has So I strongly support this act and the
wants to make sure that there is some
jurisdiction, the inspector general may bipartisan work of you two Senators to
degree of consistency and discipline
not tread. They hit dead end after dead bring greater accountability to the at-
within the practice of law. They want
end. In the absence of evidence of ac- torneys at the Department of Justice.
to make sure that the relative inter-
tual criminal misconduct, they can’t Congress created the inspectors gen-
ests, the privacy, and the profes-
proceed, and nobody else can penetrate eral to be independent. They don’t just
sionalism of the attorney can be bal-
it. It ought not take evidence of crimi- investigate whatever their Agency or
anced with their other investigative
nal accountability—of criminal liabil- Congress might want them to; the law
demands.
ity to enable the inspector general to says that inspectors general shine a
But the inspector general has a dif-
do his or her job. light on waste, fraud, and abuse in Fed-
ferent function. The inspector general
isn’t there to evaluate whether or to There are myriad circumstances eral Agencies. Sometimes transparency
what extent and in what way any of where someone might engage in un- is very uncomfortable, but it is ex-
the highly specialized, sometimes com- seemly, unethical, unwise behavior tremely necessary.
plex, nuanced rules of professional re- within the Department. Whether they You are not going to get real ac-
sponsibility affecting lawyers in the are lawyers or whether they are not countability if you have an Agency’s
practice of law are concerned. No. The and separate and apart from whether employees policing themselves. Right
inspector general has a much different those deviate from the professional now, the only folks who can inves-
role. standards imposed by the State bar of tigate the Justice Department attor-
So that is one difference, is that one any State, by the rules of any court, or neys are other Justice Department at-
has a public-facing role; the other one the professional standards for lawyers torneys. This system erodes public
has a private-facing role affecting the operating within the U.S. Department trust and creates clear conflict of in-
individual attorney or attorneys under of Justice, there is an adequate, inde- terest.
investigation. pendent, freestanding interest that the For example, the Justice Department
Secondly—and this one is perhaps American people have in being able to attorneys reviewed the plea agreement
even more significant in its impact— gain access to that information. But, given to serial child sex offender Jef-
the inspector general operates inde- alas, since 1988, section 8E of the In- frey Epstein. I note that many of my
pendently of the Attorney General. The spector General Act has precluded his colleagues here found that internal re-
head of the Office of Professional Re- visibility. This needs to stop. view ‘‘substantively inadequate.’’
sponsibility, by contrast, reports di- As my friend and colleague the Sen- Those are words from my colleagues.
rectly to the Attorney General of the ator from Illinois stated so well mo- Had the inspector general conducted
United States and can be fired by the ments ago, this bill is not either Re- the review, he might have gotten some-
Attorney General of the United States. publican or Democratic; it is not lib- where with it, just like he did with the
This is a big difference, and it is a eral or conservative. I have been a behavior of FBI agents in the Larry
difference we don’t see replicated in proud supporter of this bill and spon- Nassar case. What if we had left that
any other Federal Agency—not with sored this bill during a Republican ad- investigation to the FBI to police
lawyers, not with any other regulated ministration because I believe that re- itself?
professional class that I am aware of— gardless of who is in power, we need This is why the Justice Department
nor should we, because, if we were to visibility into the Department of Jus- inspector general has identified as the
do that, we would end up creating prob- tice—visibility that we have in every Agency’s No. 1 top management chal-
lems. other Federal Agency, every one. We lenge ‘‘strengthening public trust’’ in
So this is not about a perceived inad- lack it here. We lack it here with re- the Justice Department. One way to fix
equacy or a perceived culture of cor- spect to a whole lot of what the De- that is to make sure the independent
ruption within the Department of Jus- partment of Justice does because of inspector general has the same author-
ctelli on DSK11ZRN23PROD with SENATE
tice created by the Office of Profes- this loophole in section 8E. What ben- ity over all Department employees.
sional Responsibility. efit does this bring to the American Why do FBI analysts and DEA agents
That is not at all what I am saying. people? To the extent there are bene- require more independent scrutiny
In fact, I believe the people who oper- fits there, I respectfully submit, they than Department attorneys? This is so
ate the Department of Justice, the law- don’t even come close to offsetting simple that even a lawyer could get
yers of the Department of Justice, in- what we lose in terms of visibility. this.
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S9064 CONGRESSIONAL RECORD — SENATE December 9, 2021
I heard rumors that my friend Sen- this year, and I believe now is the time former Attorney General—said that he
ator COTTON may be objecting to this— for us to do what is right for the cause opposed the expansion of inspector gen-
a person I agree with 90 percent of the of justice. eral authority into allegations of at-
time. It seems to be very Mr. President, I ask unanimous con- torney professional misconduct, which
uncharacteristic. He and I believe alike sent that the Committee on the Judici- has always been handled competently
that there are two ways of doing busi- ary be discharged from further consid- by the Office of Professional Responsi-
ness in the United States: life, liberty, eration of S. 426 and the Senate pro- bility. Judge Mukasey also relayed
and the pursuit of happiness or let the ceed to its immediate consideration; that he would be happy to testify at a
bureaucrats run everything. And I further, that the bill be considered read hearing at a later date on such legisla-
know Senator COTTON is a person who a third time and passed and the motion tion.
doesn’t think bureaucrats should run to reconsider be considered made and I share some of those same concerns
everything. In this case, nothing is re- laid upon table. raised about this bill, and I think at
viewable by people who make a deci- The PRESIDING OFFICER. Is there the very least we should have a hearing
sion not to produce this. That is the objection? on what would be a significant change
height of irresponsibility. The Senator from Arkansas is recog- in the way the Department polices alle-
I yield the floor. nized. gations of attorney misconduct to
The PRESIDING OFFICER. The Sen- Mr. COTTON. Mr. President, I oppose study its relevance and its impact.
ator from Illinois. passage of the Inspector General Act. I want to note that the Office of Pro-
Mr. DURBIN. Mr. President, I thank This bill or similar versions of it have fessional Responsibility historically
the Senator from Iowa for his spirited been around for at least a decade now. has conducted its investigations with
support of this effort. I am glad he used To my knowledge, the Judiciary Com- integrity and competence. I did not
that classic example. Of all the hear- mittee hasn’t had a hearing on this hear any allegations to the contrary
ings—and we have had many good ones specific issue—certainly hasn’t had one today either. That is in part because it
and many important ones—in the Sen- this year. is composed of attorneys—both former
ate Judiciary Committee this year. As my colleagues have said, this bill prosecutors and former defense attor-
The one we all remember is when the has bipartisan support, and they have a neys—who have decades—decades—of
gymnasts came, the Olympic gymnasts principled position on the bill. The experience and a special expertise in
came. These wonderful, young women Senator from Illinois pointed out that legal ethics rules and the many com-
came before us and summoned the he supports the bill now that Merrick plicated decisions any Department at-
courage to tell us about the abuse that Garland is the Attorney General, just torney makes in the process of charg-
took place by a man who purported to like the Senator from Utah supported ing grand jury proceedings or jury
be a doctor, Larry Nassar. it when Bill Barr was the Attorney trials. The inspector general and his in-
Sitting next to them during the en- General, just like the Senator from vestigators simply do not have that ex-
tire presentation was the head of the Iowa supported it when Bill Barr was pertise. The inspector general is
FBI, taking the medicine he should the Attorney General. So it is true it charged with investigating waste,
have taken, because the inspector gen- has bipartisan support. Bipartisanship fraud, and abuse.
eral gave us a graphic report of how can cut another way as well. We also heard some today about inde-
the agents at the Federal Bureau of In- To my knowledge, every Attorney pendence and alleged conflicts of inter-
vestigation let those young women General, both Democratic and Repub- est. I have to say I am also concerned
down. When they summoned the cour- lican, has opposed this bill since the that this bill would create a serious
age to come forward and tell the world very beginning of the inspector general conflict of interest itself if the inspec-
what had happened to them, it was vir- for the Department of Justice. tor general is given broad authority to
tually ignored by the Federal Bureau Both the Senator from Illinois and investigate allegations of attorney pro-
of Investigation. Thank goodness the the Senator from Utah used the word fessional misconduct.
inspector general was there to be crit- ‘‘loophole’’—a loophole that an inspec- The inspector general can and does
ical, to produce the evidence, and to tor general can’t investigate attorneys refer criminal matters to Department
make it clear to the American people in the Department of Justice. That im- prosecutors. Let’s say a prosecutor de-
that this conduct was disgusting and plies it was an unintended con- clines to prosecute one of these refer-
deplorable and unacceptable. sequence. That simply is not the case. rals. An inspector general could then
The inspector general was critical for In 1988, when Congress created the in- come up with any reason to investigate
the administration of justice. Why is it spector general for the Department of that prosecutor.
any different if, instead of an attorney Justice, Congress had detailed negotia- I think we all agree that the deter-
who works for the Federal Bureau of tions with the Department of Justice mination of who will be prosecuted or
Investigation, we are talking about an under the leadership of Attorney Gen- not be prosecuted lies with and must
attorney who works in a U.S. Attor- eral Thornburgh, and they reached a constitutionally lie with the Attorney
ney’s Office somewhere in the United compromise to keep investigations of General and that the inspector general
States or in the Department of Justice allegations of attorney professional should not be able to influence who is
itself? It shouldn’t make a difference. misconduct within the responsibility of prosecuted or not prosecuted with the
As Senator GRASSLEY and Senator the Office of Professional Responsi- looming threat of potential investiga-
LEE have made clear, all we are asking bility. tion.
for is the same level of accountability In 2007, Eric Holder—not someone I, of course, as the Senator from Iowa
for attorneys in the Department of whom I usually cite as an authority— said, do not want to see a government
Justice that applies to every other after he had been the Deputy Attorney of the bureaucrats. But I would point
Federal Agency. Why are we treating General, called an earlier version of out that the inspector general is a bu-
these attorneys any differently? this bill ‘‘deleterious and unneces- reaucrat. The Attorney General is a po-
Senator GRASSLEY makes the point— sary,’’ and he said he ‘‘believe[s] litically accountable officer of the
we are succumbing to bureaucratic def- strongly’’ that it ‘‘would create addi- United States.
erence at a time when we ought to tional opportunities for improper polit- I also have concerns that this bill
have our eyes wide open, and wide ical concerns to influence law enforce- could empower criminals.
open, we would see that this bill, which ment decisions.’’ In other words, Eric Criminals can additionally use the
was extensively debated and discussed Holder thought the bill would com- inspector general to try to harass Fed-
last year and reported out of the Sen- pound the problem it purported to ad- eral prosecutors by making unfounded
ctelli on DSK11ZRN23PROD with SENATE
ate Judiciary Committee under the dress. targets of Federal investigations. With
chairmanship of Senator GRAHAM by a In 2017, the Department of Justice the wrong inspector general and with
vote of 21 to 1, wasn’t called on the cal- once again articulated similar con- the wrong political climate, a career
endar. We are bringing it back this cerns with the bill. prosecutor could be under pressure by
year in the same manner. The bill has Just yesterday, I can relay, the es- leftwing jailbreak advocates into drop-
not changed. We are bringing it back teemed Judge Michael Mukasey—also a ping cases against violent criminals,
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December 9, 2021 CONGRESSIONAL RECORD — SENATE S9065
pursuing cases against police officers I might also add that what we are not something that we are immune
who have broken our laws. It is not suggesting has been an evolution that I from today. It is something that I am
surprising that this bill is supported by think really calls for this change that certain the Office of Professional Re-
leftwing groups such as the ACLU, De- we have asked for in this measure. In sponsibility deals with all the time. It
mand Progress, and the Brennan Cen- the course of that evolution, in the doesn’t mean we make ourselves more
ter. year 2002, the inspector general’s re- vulnerable to it. It is simply by allow-
The inspector general could easily sponsibilities were extended within the ing the inspector general of the Depart-
weaponize professional misconduct in- Department of Justice to apply to both ment of Justice to do his or her job
vestigations also to defeat anti-crime the FBI and DEA agents who are in- without regard to who is a lawyer and
policies the executive branch chooses volved, obviously, in significant law who is not, and without regard to this
to pursue. Imagine, for instance, an in- enforcement operations within the De- special carve-out for this one Federal
spector general who refused to dismiss partment. The inspector general has Agency that makes it different from
allegations of racism when the U.S. At- handled that responsibility without every other Federal Agency, including
torneys’ Office simply chooses to jeopardizing any prosecutions. So I what makes Department of Justice
prioritize gun prosecutions in high- think that argument is certainly a lawyers different from attorneys in
crime areas. Such investigations have weak argument when you look at the every Federal Agency.
a chilling factor, of course, on other of- facts since 2002. If the risk is that you might have
fices for prioritizing similar prosecu- We will return with this. I am glad to people who, for bad reasons, might
tions. have bipartisan support of Senators make up allegations of misconduct,
We also heard some about trans- LEE and GRASSLEY, who will have more there is no more risk of that with an
parency. But I would note this bill does to say on the subject. inspector general than there is with
not necessarily provide more trans- I believe if we are going to apply this the Office of Professional Responsi-
parency, because, just like the Office of standard of IG responsibility for law- bility.
Professional Responsibility, the inspec- yers’ activity across Federal Govern- Here, again, they perform different
tor general is governed by the Privacy ment, there is no reason to make an functions. One of them is there specifi-
Act, rules pertaining to grand jury ma- exception for the Department of Jus- cally to deal with the rules of profes-
terials and court orders sealing docu- tice. sional responsibility within the prac-
ments. This bill would not change that. I yield the floor. tice of law by Department of Justice
If it is punishment and sanctions The PRESIDING OFFICER. The Sen- lawyers. That is their focus. Their
that the bill is concerned about, I ator from Utah. focus is not a broad one. Their focus
would also note that the Office of Pro- Mr. LEE. Mr. President, I agree with does not include or extend to issuing a
fessional Responsibility is not respon- and echo the observations made by my public report to inform the public
sible for the legal level of discipline friend and distinguished colleague, the about abuses of power.
imposed. That falls, instead, to the Senator from Illinois. I would like to My friend from Arkansas is right.
Professional Misconduct Review Unit, add a couple of things in response to They can go in—if there are allegations
the unit created by then-Attorney Gen- the observations and remarks pre- of criminal misconduct and if they
eral Eric Holder in 2014. Expansion of sented by the Senator from Arkansas. have evidence of the same that they
inspector general jurisdiction would One of the points that he made that have to pursue—yes, they can do that.
not change where that responsibility I feel compelled to respond to is he ex- That doesn’t mean we don’t need an in-
falls. pressed concern about what he de- spector general capable of doing the
I, of course, share concerns with my scribes as potential weaponization of— job of the inspector general.
colleagues about politically motivated I feel compelled to respond, in par- He also made the argument that
prosecutions or prosecutions pursued ticular, to his argument that the In- there is no expertise among and be-
by so-called glory seekers. But I do not spector General Access Act could re- tween inspectors general with regard
want to proceed down a path where we sult in the weaponization of allegations to handling allegations of attorney
unintentionally exacerbate the very of attorney misconduct within the De- misconduct. If that is true, the same
problem we are trying to solve. There- partment of Justice and that this could can be said of all other attorneys and
fore, Mr. President, I object. be used in circumstances to intimidate, all other departments.
The PRESIDING OFFICER. Objec- threaten, and harass Department of My friend from Arkansas does cor-
tion is heard. Justice attorneys, including prosecu- rectly point out that attorneys within
The Senator from Illinois. tors, for either taking or not taking ac- the Department of Justice—at least
Mr. DURBIN. I am disappointed by tions in retaliation to the same. some of them do—perform different
the objection by the Senator from Ar- This is always a concern. It is a con- functions than what we see from attor-
kansas. cern that follows government, gen- neys in other Federal Agencies. That
This has overwhelmingly bipartisan erally. It is, in particular, a concern part is true. But that doesn’t mean in-
support in the House and in the Senate, that follows Federal prosecutors. It is spectors general assigned to the De-
and we had an opportunity to make also not a concern that is unique to the partment of Justice don’t have the ex-
history today and we missed that op- Inspector General Access Act. pertise necessary to investigate the
portunity for the moment. With or without passage of this, types of allegations that they typically
The suggestion that inspectors gen- there is always a risk of that hap- investigate.
eral are not up to the job of inspecting pening. Nothing about that risk that My friend from Arkansas also points
attorneys, I am afraid if you look at we immunize ourselves from by leaving out inspectors general tend to focus on
the fact that every other Federal Agen- intact the loophole—and it is a loop- allegations of waste, fraud, and abuse.
cy’s lawyers are subject to review and hole. It is a deliberate carve-out in Yes, this is absolutely true, and this is
scrutiny by the inspector general of Section 8E of the Inspector General absolutely why we should not limit the
their departments, it certainly says Act. It is a loophole. And my friend access that inspectors general in the
that particular observation is not accu- from Arkansas is right, it is not unin- Department of Justice have to attor-
rate. tended. It is intentionally created. It neys. Remember, this is a department
The argument that the Attorney was there for a reason. I don’t mean to that is all about law. It is focused on
General, because he is approved by the suggest any nefarious motive on the law. It is, therefore, not surprising that
President directly and by Congress, part of those who created it, but it they have an unusual abundance of
should be the person to make this deci- might have been a shortsighted move lawyers.
ctelli on DSK11ZRN23PROD with SENATE
sion overlooks the obvious. Each in- at the time. It has, at least, in time, You know what the Office of Profes-
spector general goes through the ap- exposed a vulnerability in Democratic sional Responsibility is not focused
proval process, the nomination process, and Republican administrations alike. on—is not really their role; they are
and advise and consent of the Senate. If the risk is weaponizing allegations not involved in; they are not trained
So they are subject to the same level of of professional misconduct against De- in—their focus is not on issuing public
scrutiny. partment of Justice lawyers, that is reports and informing the American
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S9066 CONGRESSIONAL RECORD — SENATE December 9, 2021
people of allegations of things like the availability of goods, as well as the economic pressures being caused by
waste, fraud, and abuse, generally. value of the money in your wallet. Bidenomics so they can enjoy some
They have a much narrower function For folks in Iowa and the rest of the time with their families. And unlike
and perform that function especially Nation who are working longer hours last Christmas, we can once again re-
well. They perform it laudably, and due to labor shortages or just to keep discover the true meaning of this holi-
they do a great job of doing it. up with the skyrocketing prices, this day season by spending time with those
It is not the same thing as an IG. We has created a real-life ‘‘Nightmare Be- we love the most, just like Mariah
need IGs with access to visibility into fore Christmas.’’ sings about, ‘‘Make my wish come true,
the Department of Justice. We don’t As a result, a record number of all I want for Christmas is you.’’
have it now. We haven’t since 1988. Americans say they won’t be buying Madam President, I yield the floor.
Thirty-three years is long enough. gifts this year. But rather than ad- The PRESIDING OFFICER (Ms. COR-
Let’s close the 8E loophole and give the dressing these concerns, ‘‘Bare Shelves TEZ MASTO). The Senator from Iowa.
Department of Justice inspector gen- Biden’’ is pushing his so-called Build Mr. GRASSLEY. Well, following on
eral the access needed. Back Better Act, which itself is a the Christmas season message that we
The PRESIDING OFFICER. The Sen- Christmas tree bill adorned with some- just heard, this season is around the
ator from Iowa. corner, and Democrats are scrambling
thing for every leftwing special inter-
very, very hard to deliver on their lib-
BIDEN ADMINISTRATION est group and topped off with a massive
eral wish list before the end of the
Ms. ERNST. Mr. President, do you $300 billion tax break for coastal elites.
year. And that’s not a Christmas list
hear what I hear? For those millionaires on their wish
that people—or an agenda that people
Before the prancing and pawing of list who literally have everything, DC
are going to accept very well, from
each little hoof of Santa’s eight tiny Democrats are wrapping up a generous
what I’ve heard about the opposition to
reindeer will be heard on the roof, tax cut worth nearly $17,000. To no the trillions of dollars that they are
there is a joyful sound that denotes the one’s surprise, those benefitting the trying to spend.
coming of the yuletide season in just a most from this tax giveaway live in or This grab bag of long-sought, new
few instantly recognizable notes. around the San Francisco Congres- government programs is a top priority
Of course, I am talking about Mariah sional District represented by Speaker for Washington Democrats. Meanwhile,
Carey’s ‘‘All I Want for Christmas Is NANCY PELOSI; and the State of New the bigger concern that I hear around
You.’’ While it has become a holiday York, home of the Senate majority Iowa is rising prices on everything
classic, the song is taking on a whole leader. It is a lot like a plot twist to from gas, to food, to home goods.
new meaning this season. Charles Dickens’ classic, ‘‘A Christmas Americans doing their holiday shop-
If, like Mariah, you don’t want a lot Carol.’’ ping this year are finding items out of
for Christmas and don’t care about the But instead of learning to embrace stock and, when in stock, paying far
presents underneath the Christmas the giving spirit of Christmas, Scrooge more for less. Even the Christmas tree
tree, this may be your year. That is be- receives a tax handout paid for out of is no exception. Christmas tree prices
cause Bidenomics is causing every- the pockets of essential workers strug- are up 30 percent.
thing to be back-ordered, delayed, un- gling to provide for their own families. Overall, consumer prices were up 6.2
available, or just plain unaffordable. What a bunch of humbug. percent on an annual basis in the
Even Christmas trees are in short sup- Santa Claus, I don’t know if you are month of October—a 31-year high.
ply. So don’t be surprised if your only listening, but if you are, when you’re Economists polled by the Wall Street
option to deck the halls this year looks making your list and checking it twice, Journal expect November inflation to
like Charlie Brown’s sad little twig of a remember that President Biden prom- shoot up to 6.7 percent. Even some ana-
fir tree branch. ised taxpayers that his Build Back Bet- lysts are saying that it could be closer
Whether shopping at a store or on- ter plan costs zero dollars, doesn’t to 7 percent.
line, we are all experiencing it. With waste any money on tax breaks for the Americans are experiencing the high-
the cost of gifts up 20 percent and con- wealthy, and adds—you guessed it— est inflation in a generation. The last
sumer prices surging to the highest zero dollars to the national debt. thing they need for Christmas is an-
level in over 30 years, you are paying a To no one’s surprise, that promise other Democrat spending boondoggle
ho ho whole lot more for a ho ho whole ended up being a fa-la-la-la-lot of ma- further fanning the flames of inflation.
lot less; that is if you can even find larkey. The truth is the Biden bill They ought to listen to their own
what you are looking for. costs $1.7 trillion, adds $376 billion to Democrat economists. Larry Summers,
Perhaps the most telling sign of the our debt and gives a huge tax cut to former Secretary of Treasury in the
times, the Dollar Tree—which had to millionaires. Clinton administration, Council of
discontinue selling some of its popular While the President certainly de- Economic Advisers in the Obama ad-
serves a stocking full of coal for break- ministration, warning us in January,
products due to cost constraints—is
again in April, again in August, again
raising prices to $1.25. ing his promises to taxpayers, even
in October, I saw on television. They’re
President Biden’s contribution to coal is in short supply at the moment,
pouring fires on the—gasoline on the
this year’s season of giving could best and the price has soared to the highest
fires of inflation.
be summed up by an elf on an empty level in more than 12 years. Unfortunately, unless our voices of
shelf. After all, the Biden administra- Other energy prices, whether to reason within the Democratic Party
tion has ignored, dismissed, and even warm your home or fill up the gas tank prevail, that’s exactly what they are
contributed to the conditions causing of your car, are also up sharply. The going to get, more inflation. Demo-
these economic hardships. President has done his part to limit crats say there is nothing to worry
Speaking at the White House just fuel supplies by signing Executive or- about because—to quote Treasury Sec-
last week, the President actually ders to further restrict access to oil retary Yellen—their bill is, ‘‘fully paid
claimed his efforts have resulted in and gas. for.’’
‘‘shelves across the country being well- After enduring nearly 2 years of mak- We know that’s not true. But even
stocked.’’ That may be true at his ing sacrifices, folks should not have to the Washington Post isn’t buying
White House gift shop, but not in the now choose between heating their Yellen’s statement, and they said that
stores in Iowa and across the country. house, buying food for their families, by awarding the Secretary two
The supply chain problem is such a or putting gifts under the tree. Pinocchios for her comment. The re-
mess, not even Rudolph with his nose So rather than passing another one ality is Democrats pull every budget
so bright can guide all of the barges of President Biden’s budget busting trick in the book in an attempt to
ctelli on DSK11ZRN23PROD with SENATE
stuck at sea into port by Christmas bills, the best gift that Washington can cloak the reckless tax-and-spending
night. give taxpayers is to keep this from spree with the illusion of fiscal respon-
The Democrats’ out-of-control spend- being a blue Christmas and simply stop sibility.
ing spree and misguided economic poli- making matters worse. However, even their budget sleight of
cies, like paying people not to work for Folks who have worked hard all year hands fail to mask the upfront infla-
most of the year, have decreased both desperately deserve a break from the tionary pressures embedded in that
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December 9, 2021 CONGRESSIONAL RECORD — SENATE S9067
very bill. According to the nonpartisan found instances of IRS agents violating threatening Americans with unjusti-
Congressional Budget Office—CBO, as taxpayer rights. And then there is the fied penalties. And it is hard to imag-
we call it around here—their bill con- Agency’s record of irresponsibility or ine why Democrats are trying to repeal
tains hundreds of billions of dollars in incompetence, or both—losing track of this measure if they are not trying to
deficit spending in each of the first 5 laptops that may have contained sen- pave the way for much more aggressive
years. sitive taxpayer information, rehiring IRS pressure and enforcement.
That means that, regardless of what employees who’d been fired for bad be- And I haven’t even mentioned the
Democrats say, their bill will add to in- havior, work delays due to a lack of provision that was in Democrats’ pro-
flation pressures now when it matters simple printer maintenance, hanging posal for a long time and which some
most. Under honest assumptions, the up on taxpayers who call the IRS for Democrats, including the President’s
deficit spending never stops. information. Treasury Secretary and other adminis-
According to the Penn Wharton Customer service departments, in tration officials, would still—still—like
Budget Model, their analysis, if their general, can be frustrating, but at least to see included, and that’s a provision
spending proposals are permanent, as at many companies you can reach an that would empower the IRS to snoop
they intend, their plan would increase actual person in a fairly reasonable on the details of Americans’ bank ac-
debt and deficits by more than $2 tril- amount of time. If you call the IRS, counts.
lion over 10 years. As a result, by 2050, you have a 1-in-50 chance of reaching a Under one version of this provision,
government debt would be 24 percent the IRS would be able to sift through
human being—1 in 50.
higher, economic growth will be 3 per- I could go on, but suffice it to say the bank records of any American with
cent higher, and wages of the middle just $600 in annual transactions. In
that there are good reasons why Amer-
class would be 1.7 percent less than other words, the IRS would be able to
icans tend not to be big fans of the IRS
they would otherwise be. look through the bank records of just
and why they think this Agency al-
Now, they go by the bill, building about every American and find out just
ready has too much power.
back better. Sounds to me like all of how much you spent on Starbucks or
But Democrats would like to double
this is building back worse. So I urge your last doctor’s bill or that new win-
the size of the Agency. The Democrats’
my Democratic colleagues to pursue ter coat.
bill would add 87,000 new IRS employ- It is staggering that the Democrats
and rethink the approach. Securing a ees—87,000. That’s enough employees to
near-term ideological win is not worth could even contemplate giving that
fill an entire football stadium with much power to an Agency that has a
the risk of spurring unchecked infla- some left over; 87,000 is more than the
tion, sapping the value of America’s track record of mishandling sensitive
population of Rapid City, SD, the sec- taxpayer information. But that is the
hard-earned dollars. ond largest city in my home State.
I yield the floor. kind of power the President’s Treasury
The PRESIDING OFFICER. The mi- The Congressional Budget Office esti- Secretary, for one, would like this
nority whip. mates that increasing the size of the Agency to have.
Mr. THUNE. Madam President, one Agency in this way would result in sig- With their so-called Build Back Bet-
thing you can say for the Democrats nificantly higher audit rates of Amer- ter plan, Democrats are proposing a
so-called Build Back Better plan is ican taxpayers. Many of those audits massive expansion of government, and
that it provides a never-ending supply would hit middle-income taxpayers and we are apparently just supposed to
of bad proposals to talk about. And the small businesses; in other words, indi- take it on faith that the government
bad Build Back Better measure I want viduals without easy access to an army will be able to handle all these new re-
to discuss today is Democrats’ plan to of accountants to help them navigate sponsibilities.
double the size of the IRS—yes, double the process and ensure that their Well, I have to say, I—and I would
the size of the IRS. rights are protected. say many other Americans—have my
The IRS is not exactly the most pop- Democrats’ primary reason for the doubts. And the IRS provides a perfect
ular government Agency, and with IRS expansion is to raise revenue, to example of why.
good reason. The Agency has gained for help pay for their partisan tax-and- The IRS can’t even properly handle
itself a reputation for poor taxpayer spending spree. They claim that hiring the staff and responsibilities it already
service and, most seriously, for mis- all these new IRS agents and employ- has, and yet Democrats think it is a
handling the confidential informa- ees will allow them to close or reduce good idea to double the size of this
tion—taxpayer information it has ac- the tax gap—the difference between Agency and give it new enforcement
cess to. taxes owed and taxes paid. powers and, if some have their way, ex-
In fact, the IRS was subject to a mas- But there are a couple of problems panded access to Americans’ personal
sive leak or hack of private taxpayer with that. In the first place, it is ex- information.
tremely doubtful that they will be able Doubling the size of the IRS is a ter-
information mere months ago—infor-
to raise the money they claim they rible idea, and it is one more reason
mation that somehow ended up in the
will be able to raise. In fact, the Con- why Build Back Better is a bad deal for
hands of advocates at ProPublica. And
gressional Budget Office doesn’t even the American people.
neither Treasury nor the IRS has pro- I yield the floor.
vided meaningful followup about the score hoped-for revenue from enforce-
The PRESIDING OFFICER. The Sen-
data breach, much less any account- ment since it considers the acquisition ator from Utah.
ability. of that revenue to be so uncertain. Mr. LEE. Madam President, when the
For months, Republicans on the Sen- And even if Democrats are able to Grinch stole Christmas, it was a rel-
ate Finance Committee have pressed raise a meaningful sum from increased atively simple operation, one that re-
the administration for details about enforcement, what exactly is it going quired a relatively simple solution.
the breach of private taxpayer informa- to cost Americans for Democrats to re- Unfortunately, cold, unfeeling regu-
tion. I would have hoped by now that capture this money? lations and entrenched bureaucracies
my friends on the other side of the Increased scrutiny and costly audits do not have undersized hearts; hearts
aisle would have shown similar concern of law-abiding taxpayers. IRS intimi- that can somehow grow three sizes.
for the privacy of the American tax- dation and harassment. Protectionist laws and labor support
payer. And just in case anyone thinks I am shortages do not warm to holiday
And who could forget the IRS scandal exaggerating about that intimidation, cheer.
during the Obama administration, I would note that a provision in the The COVID–19 pandemic has caused
when the IRS targeted a number of or- House version of the Democrats’ reck- our already deeply troubled economy
ganizations based on their political be- less tax-and-spending spree would re- problems, and it has caused our already
ctelli on DSK11ZRN23PROD with SENATE
liefs? peal a measure requiring written ap- deeply troubled supply chain to become
Those are two notorious examples of proval of a supervisor before an IRS mired with challenges of all sorts, in-
IRS misconduct, but there are plenty agent can access—or I should say, can cluding truckdriver shortages, out-
of others. assess any penalties. dated port technology, lack of con-
The Treasury Inspector General for The provision was intended to pre- tainer storage capacity, port labor dif-
Tax Administration has repeatedly vent overreaching IRS agents from ficulties, and scarce freight equipment.
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S9068 CONGRESSIONAL RECORD — SENATE December 9, 2021
In fact, as situations become more The PRESIDING OFFICER. The Sen- What is shocking is that even as
dire with the supply chain crisis, with ator from Florida is recognized. ships wait in docks, in ports—wait to
inflation, and with shortages all over Mr. SCOTT of Florida. Madam Presi- dock in ports and families are forced to
the country, our own regulations do a dent, we are less than 3 weeks away count their pennies and sometimes
whole lot to delay and disrupt solu- from Christmas, and Joe Biden has run even go without certain products, the
tions that we need the most at the this country into the ground. Biden administration is doing abso-
time we most need them. I know President Biden thinks that lutely nothing.
Americans are feeling the pain of Santa can solve his problems, but our Secretary Raimondo and Secretary
skyrocketing prices, of shipping delays, supply chain is such a mess not even Buttigieg would rather play TV com-
and empty shelves as our laws and bu- Santa Claus, with all of his Christmas mentator than actually travel to Cali-
reaucracies fail to respond to shipping magic, can fix it. fornia and solve some of these prob-
backlogs and labor shortages. The sys- There are nearly 100 ships waiting to lems facing our distributors. Instead of
tem just is not working. And President dock in California ports. About 40 of coming to the Senate Commerce Com-
Biden’s press release policies have not them are a few miles off the coast, but mittee to testify about what actions
fixed it. In fact, they have made it more than 50 are holding back farther they are actually taking, they would
much, much worse. in the Pacific. It looks to me like the rather stay silent. If they don’t want to
Like so many problems during his show up and do the job they signed up
Biden administration didn’t like the
Presidency, President Biden is not
visual. for, I have heard there is an opening at
touching them with a 391⁄2-foot pole.
As the holidays are here, we see the I recently received a letter from a CNN.
problems continuing to mount. And grandmother in New Smyrna Beach, Energy prices are up, and families
these problems needed solutions many, FL. She is retired now but was a small who are simply trying to stay warm
many months ago, but there is still business owner who has spent her life during the winter season are going to
hope. My STOP the GRINCH Act can working hard to support her kids and face higher bills, just as gas prices and
help us fix the supply chain crisis and grandkids. food prices continue to climb.
save Christmas. I have the letter with me. In her let- The American people are fed up with
This is a bill that focuses on the ter she writes: President Biden’s utter lack of leader-
problems that are actually slowing I am worried about inflation. I see prices of ship. Time and time again, I have come
down our supply chain, and it is a bill fuel, groceries, and staples going through the to the floor to try to get some informa-
that, if enacted, would get products off roof. I see the American standard of life de- tion about this crisis, but Senate
of ships, onto trucks, and into stores so clining. It is getting harder and harder for Democrats have stood in the way.
families to make ends meet, buy a home, af- When I came down to demand notes
that people in Utah and across the Na-
ford medical care and higher education for from internal meetings the Biden ad-
tion could get the things they need for their children.
everyday life and especially for Christ- ministration held about the signs of in-
mas. She also tells me that Joe Biden’s flation they were seeing, Democrats
By suspending a number of Federal unconstitutional vaccine mandate is blocked—blocked—it. When I walked
restrictions on ports, on ships, and on putting her husband at risk of losing down here to request a report about
trucks, we can help clear the backlog his job, despite the fact that he worked the factors causing the energy prices to
at our ports, get products onto shelves, throughout the pandemic as an essen- rise, Senate Democrats blocked it.
and get the presents under the trees. tial worker. When I came down here to pass bi-
The bill will help solve our truck- She is not alone. She shares the cameral, commonsense legislation that
driver shortage by temporarily low- exact same concerns as millions of would alleviate the supply chain crisis
ering the commercial driver license age Americans and businesses right now facing our ports, Senate Democrats
to 18 for interstate travel, and it would that are reeling from the impacts of blocked it.
waive for 1 year the hours-of-service re- Biden’s socialism. This isn’t how Washington should be
quirements, specifically, for those in- The Pantry of Broward County, FL, working. I came here to make Wash-
volved in transporting containers into usually supplies meals to 500 families ington work for Florida families, but
and out of ports. each month, but they weren’t able to Democrats in this body are joining
The bill would allow for more ships donate as many Thanksgiving turkeys hands with the White House to insti-
to move more freely and to move cargo this year because of skyrocketing tute policies that make life more dif-
between American ports by waiving the prices. ficult and more expensive.
Jones Act, and it would also allow for And there are other terrible stories This isn’t government for the people;
Federal land that has been designated in the news across my State every day. this is Big Government that hurts the
as appropriate for multiple use to be I heard about a single father of three people.
used to temporarily store cargo con- in Clearwater, FL, who lost his job due I yield the floor.
tainers. That would do a lot in and of to COVID, and at his new job he is hav- The PRESIDING OFFICER. The Sen-
itself to help us break our port log- ing to stretch each dollar as far as it ator from Indiana.
jams. A combination of these things can possibly go as prices for meat, Mr. YOUNG. Madam President, in
would do so masterfully. food, rent, everything goes up and up case anyone was wondering, there are
And, finally, my bill would help ease and up. 16 days left before Christmas—16 shop-
the lack of freight equipment by allow- I heard about a woman who delivers ping days.
ing excess Department of Defense
groceries in South Miami. She is seeing Now, I know I still have some shop-
equipment to be used to help move
prices going up and having to send pic- ping to do, and I look forward to that,
cargo. A lot of our problems can be
tures of empty shelves to her online but it seems as though some of my col-
traced to a lack of available truck
customers to show grocery stores are leagues have a jump on me. Seems as
chassis, and if we open up those that
are deemed excess, we can do a lot to out of so many products. She can hard- though President Biden has a jump on
move freight. ly ever find any juice boxes for her own me, and that is good thinking because
While this bill doesn’t address every children. this year you can’t start too early,
challenge with our supply chain, it These are the stories of real Florid- with the supply chain as bad as it is
does provide tangible solutions that, if ians, and I could keep going because and the price of presents rising.
enacted into law, would solve real Florida families and families all across So why don’t we gather around the
problems right now. our great country are struggling as Christmas tree to see what gifts na-
Look, we can end this nightmare be- Biden’s inflation and supply chain cri- tional Democrats are prepared to pass
ctelli on DSK11ZRN23PROD with SENATE
fore Christmas. We can stop the sis rages on. out on Christmas morning, thanks to
Grinch, save our holidays, and secure Now, most people, when they are in their reckless tax-and-spending spree.
our economy. charge, they want to do something To the leftwing labor unions, what do
My STOP the GRINCH Act is the positive when a problem arises. When they offer? Democrats are gifting bil-
start to a merry Christmas and a happy the families are struggling, leaders lions of dollars in handouts to
new year. should want to solve a problem. strengthen this core constituency of
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December 9, 2021 CONGRESSIONAL RECORD — SENATE S9069
theirs. While they are letting chari- represent the massive $367 billion that were actually getting a wage increase.
table deductions expire in Build Back will be added to the debt by the Demo- In my State of Ohio, that was the first
Better, they have gift wrapped an crats’ reckless tax-and-spending bill, time in probably a decade and a half.
above-the-line tax deduction for union according to the nonpartisan Congres- Now, it is just the opposite. Wages
dues. sional Budget Office, not to mention are actually down when you take infla-
Let’s see what we have here. the 10 years of tax increases included tion into account. And inflation is
Well, that is a car. That is a car. And in the bill to pay for only a few years high, as everyone feared because we
this is the labor union present. Hmm. of policy changes. have dumped so much on the demand
As a special Christmas surprise, it Of course, we all know that figure is side of the economy, and the supply
seems that the Democrats have put going to be much higher in reality. If side is restricted, in part, because of
under the tree a shiny new tax credit all the temporary provisions in this what has happened with COVID, and it
for electric vehicles but only if those bill are made permanent, it will in- creates this inflation. This was warned
vehicles are made in a union shop— crease our budget deficit by nearly $3 by not just Republicans like myself,
only a union shop. trillion in this decade. It seems the but back in March, when President
You see, if you are naughty, and you Democrats want our children and Biden and the Democrats put $1.9 tril-
buy an electric vehicle from a non- grandchildren to pay for this bundle of lion into this economy—the most ever,
union shop, like those that are made in goodies through the layaway plan. the biggest bill ever—it was Larry
my State of Indiana, you will miss out GDP is expected to fall because of Summers, former Secretary of the
on the Democrats’ $4,500 holiday give- Build Back Better. The cost of living is Treasury under President Clinton, and
away in this bill. Apparently, during expected to rise even more because of NEC, National Economic Council,
the Christmas season, the impact of Build Back Better. And despite the Chair under President Obama, who
electric vehicles on climate change promises of President Biden and my said: You know, this is going to stoke
only matters if the workers’ contracts Senate Democratic colleagues, despite inflation. It is going to overheat the
are collectively bargained. their votes right here on this floor, if economy.
Which brings us to another gift we Build Back Better were to become law, And that is exactly what it did.
have, and that is China. China has a taxes would be raised on lower and So we have this high inflation. We
gift under the tree. Why don’t we just middle-class Americans who are just have these record levels of debt and
open this China gift. Well, that is a lot trying to get by this Christmas season. deficit. We are talking about extending
of money. The tax hikes on businesses Ho, Ho, Ho. Ladies and gentlemen, the debt limit right now, and people
large and small in this bill will give boys and girls, this Christmas season think the number is going to be—just
China an unfair competitive advantage. Democrats are not offering holiday to extend it for about a year—over $2
Increasing taxes on American employ- jobs or good cheer. Instead, this feels trillion; meaning that we are spending
ers by more than $800 billion, when more like the nightmare before Christ- so much more than we are taking in.
they are already struggling with sup- mas. And yet there is this discussion that
ply chain issues and worker short- Colleagues, the best present that all somehow before Christmas we are
ages—this is going to do very little to of us can give the American people is going to put forward this Build Back
bring jobs back home, jobs of the fu- to do whatever is in our power to stop Better legislation that we just talked
ture here in the United States of Amer- the Build Back Better Act. about.
ica, which is exactly why the Chinese The PRESIDING OFFICER. The Sen- It is not building back America bet-
Communist Party and all of its leaders ator from Ohio is recognized. ter. Unfortunately, it is building us
will love this very expensive gift. Mr. PORTMAN. Madam President, I worse off than we were and adding to
And the largest gift under the Wash- appreciate the comments of my col- inflation, adding to the supply chain
ington Democrats’ tree goes to—is league from Indiana. What he didn’t difficulties, adding to the debt and
that—could that be? It says ‘‘the rich.’’ have under that Christmas tree or in deficits at record levels, and certainly
I am going to see what is in there. the stocking was a lump of coal be- doing nothing with regard to COVID–
Well, this must mean—it says SALT. cause I guess a lump of coal is not 19.
By dramatically increasing the cap on something we would find in Build Back So why would we do this? And cer-
the State and local tax deduction, or Better. Even though there is a lot of tainly why would we do this now? It
what is known around here as SALT stuff in there that is really bad for our makes no sense. Well, because I guess
for short, the once-proud party of the economy right now, bad for our fami- there was a promise made that we are
working class is giving a tax cut to lies, bad for our workers. And when you going to have this massive new spend-
two-thirds of people earning more than think about it, right now, we are in a ing and these massive new tax in-
$1 million a year. Now, the average size time of high inflation, supply chain dif- creases.
of that tax cut is almost $17,000 a year ficulties, record levels of debt and def- What is in there? Well, on the spend-
for millionaires. This is the new Demo- icit, and an uncertain economy due ing side, when you look at it, it is the
cratic Party. largely to the uncertainty regarding largest spending bill ever put forward
Merry Christmas. This is the single COVID and particularly this variant, by the U.S. Congress, unless you be-
most expensive tax expenditure in the the Omicron. lieve that it is really only $1.7 trillion
Build Back Better Act, and it is the So this is not a time for us to be put- instead of two or three times that. In
second biggest component of the entire ting forward a massive new spending that case, it is the second biggest ever.
bill. bill and a massive new tax increase on But the analyses I have seen from the
So, evidently, the national Demo- the American economy. In fact, it is Penn Wharton study, from the Com-
crats believe it is better to give than to the time for us to retrench a little bit mittee for a Responsible Budget, and
receive from millionaires so they pro- and try to help to get back to where we from others said: You know, there are
posed a tax cut for the wealthiest were before COVID–19. a lot of sunsets in there.
Americans from the wealthiest cities Remember, that was the time when As an example, the child tax credit
in the wealthiest States, gift wrapped after the 2017 tax reforms, we had a lasts for 1 year. Does anybody believe
from the Democratic Party. great economy, by any measure. And it it only lasts for 1 year? That wouldn’t
So after the handouts and giveaways was an opportunity time. It was the be the history of this place. So it will
and entitlements and earmarks, what lowest poverty rate in the history of continue.
is left for regular, middle-class work- our country since we started keeping So these sunsets are not going to be
ing stiffs? track in the 1950s. effective so the spending will continue
ctelli on DSK11ZRN23PROD with SENATE
Well, we know that really big gifts As of February, just before going into to increase. The tax increases don’t
come in smaller packages. So I see this the COVID–19 period, February 2020, we cover them so there will be a big gap
stocking here that says ‘‘taxpayers’’ on had 19 straight months of wage gain of accrued to the deficit, and the projec-
it. Let me see what is in here. over 3 percent. By the way, that was tions are it is more like $41⁄2 trillion in
Oh, my word. That looks like coal— over inflation because inflation was so spending. So it is the largest increase
a lump of coal. That lump of coal must low. So people were feeling it. They in the history of our country by far.
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S9070 CONGRESSIONAL RECORD — SENATE December 9, 2021
We are talking about doing this, I think it was an effort to say: OK. year. If you are a millionaire, you are
again, at a time when already we have We are going to raise taxes, but we are going to do very well.
record levels of debt and deficit and going to do it in a sort of convoluted If you make between $500,000 and a
high inflation and driven by COVID, a way so that it doesn’t look like we are million bucks a year, 90 percent will
lot of uncertainty in our economy. really raising taxes. But it is real get a tax cut under this legislation.
On the tax side, I could argue it is taxes, and it is going to hurt, again, But if you make $30,000 a year—only
even worse because the tax increases workers in America. 30,000—only 30 percent of people who
are going to be hard on workers be- Another thing it would disqualify make $30,000 a year are going to get tax
cause they are taxes on businesses. companies from doing is taking what is relief under this legislation, and that is
What the Joint Committee on Taxation called bonus depreciation. All of us, I just in the first year.
says—which is the nonpartisan group thought, were kind of supportive of In the second year, it goes down
here in Congress that advises us—what that. below 30 percent to 12 percent; in the
CBO says, the Congressional Budget Of- In 2017, that tax bill, this put in place third year, 10 percent; and then it goes
fice says, what other outside groups where you can immediately write off down to single digits. So the benefit is
say is the same thing, which is when expansion of plant equipment. Retail- heavily skewed toward higher income
you tax these businesses, who gets ers love it, restaurants love it, and so Americans. Why would we do that? It
taxed? Well, it is workers—lower do manufacturers. And they use it a just makes no sense. Are we worried
wages, lower benefits. lot. And those manufacturers are tell- about millionaires? But that is in this
Seventy percent of the benefit of our ing me: OK. Now, under the book tax, legislation.
tax cuts in 2017 went to workers, and 70 you have to go back to the regular de- So, again, I would say, Build Back
percent of this increase in taxes will be preciation so you are not writing Better? I don’t think so. We were build-
coming out of workers’ pockets. So it things off that first year as you can ing pretty well when we had the lowest
is a bad idea. But let’s look a little now under bonus depreciation. Why poverty rate in the history of our coun-
deeper at what these taxes actually would you want to do that right now, try, when we had the lowest unemploy-
are. There is a 15-percent minimum again, with all the economic uncer- ment rate ever for Blacks, Hispanics,
tax—a new alternative minimum tax, tainty out there, with COVID, with in- the disabled, when we had 50-year lows
which is always complicated for every- flation fears? We want to encourage in unemployment overall in our econ-
body to figure out what that is. But in people to expand plant equipment, and omy, when we had a situation where
this case, it is called the book tax. there are a lot of people hesitating. wages were going up—again, 19 straight
Now, I don’t know if this was on pur- That is in this legislation. months of 3 percent or more wage
pose or not. I assume it wasn’t. But the Now let’s talk quickly about the gains. It was real wage gains above in-
book tax, as you apply it to our econ- SALT provisions. We already know flation.
omy, will result in real damage to what that is because it has gotten a lot Let’s get back to that. That is how
things that most people think are im- of play. But the State and local tax de- you grow the opportunity economy.
portant like defined benefit plans, pen- duction means that in States like That is how you give people a chance.
sion plans. Democrats and Republicans mine, Ohio, we are subsidizing high-tax That is how you help everybody.
alike have supported defined benefit States. So if you are from Missouri— But let’s not do this massive new
plans. I support them. Unfortunately, Senator BLUNT is here on the floor—or spending bill that will cause more in-
there aren’t as many as there used to if you are from Ohio, by having a de- flation, massive tax increases that are
be. But there will be even fewer if this duction for your State and local taxes going to hurt the economy and hurt
passes. Why? Because when you cal- at the Federal level, you are not only workers, especially coming into the
culate your taxes under the book tax, encouraging those States to continue holiday season. Let’s instead do some-
you now have to take into account to have high taxes and even have fur- thing that gives the American people
whatever your asset increase is in your ther taxes if you are being subsidized the gifts they deserve.
pension. And if you are one of these by Federal taxpayers, but it is unfair I yield the floor.
companies caught up in this, you could to those States that have done the re- The PRESIDING OFFICER. The Sen-
well find yourself in a situation where, sponsible thing to try to keep taxes ator from Missouri is recognized.
for the first time ever, you get no de- under control. Mr. BLUNT. I think we are a little
duction for your contribution to your But in this legislation, Democrats beyond our time on this side, but I am
pension. Why would we do that? And say: No, we are going to increase this grateful for my friend from Rhode Is-
then you are taxed on the asset in- cap from 10,000 to 80,000 bucks a year; land who is willing to let me have a
crease, which may be caused by higher in other words, provide more help to chance to make the points I wanted to
interest rates, may be caused by the the SALT beneficiaries. Guess what. make. And I think, as is often the case
market going up, but you get no ben- There is an analysis out this week that here, many of them have already been
efit in your company, and your profits says almost none of that benefit goes made and were just made pretty well
in your company may not be enough to to Americans who are not in the top 10 by Senator PORTMAN, certainly, in the
pay those taxes. percent of wage earners. Almost none spending bill he was talking about and
Here is an example of this. There are of that benefit that is in this bill goes the tax bill that he was talking about.
some companies that have figured out to people not in the top 10 percent. We keep hearing that a majority of
this problem. By the way, there are There is $285 billion devoted to this— all Americans like these programs;
some unions figuring it out, too, be- $100 billion more than is devoted to the that if they could just know what was
cause a lot of union workers are caught cornerstone social safety net program, in the bill, they would like the bill. We
up in this as well because they have de- the childcare credit in this bill. Over are going to have some time now over
fined benefit plans, typically. The com- $100 billion more for this. the next few weeks, I am confident, to
pany is saying: OK. If I make $100 mil- So how does this all shake out in talk about what is in the bill. These
lion in profit and if I have a $2 billion terms of whom it is helping and whom are programs that are supposed to
or $1 billion increase in my pension as- it is hurting? make life better for everyday Ameri-
sets and you apply a 15-percent tax to Well, here are what the numbers are. cans. Things like paid family leave, I
that, I am not going to have enough This is, again, the Joint Tax Com- am sure would be helpful in many,
money to pay my taxes. mittee, folks who are nonpartisan, many cases.
So what are they going to do? Well, looking at this. Almost 70 percent—al- But what the Senator from Ohio was
they could declare bankruptcy. They most 70 percent—of people who make $1 just talking about, you know, four
ctelli on DSK11ZRN23PROD with SENATE
could get a loan, which again hurts million or more a year are going to get times what this bill would spend on
workers. So that, I hope, is an inad- a significant tax cut because of this paid family leave it pays on tax cuts
vertent part of this, but that is in this legislation. for the wealthiest families.
legislation. Think about that. It is about 68 per- When people begin to look at that,
Why do we want to hurt defined ben- cent-plus are going to get a significant they are going to have to wonder, how
efit plans? tax cut if you make a million bucks a is that priority established to where
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December 9, 2021 CONGRESSIONAL RECORD — SENATE S9071
the second biggest spending item in the about that. We are absolutely sure we do might be more significant than the
entire bill would be tax cuts for the can’t get 100 percent of the people— consequences of what would happen if
wealthiest families in America—$230 those who work in the cafeteria, who you forced compliance.
billion of that $1.7 trillion is tax cuts mop the floors, and who provide secu- I thank my friend for giving us a few
for those families. The deductibility of rity for the building—vaccinated. So extra minutes.
State and local taxes goes from $10,000 we wouldn’t be able to participate in I yield the floor.
as a cap to $80,000 as a cap. those programs, and that would create The PRESIDING OFFICER. The Sen-
Let me just repeat what I think I a serious problem, particularly in ator from Rhode Island.
just heard, which was that 70 percent of small, rural hospitals. U.S. SUPREME COURT
this tax break—70 percent of that en- There is the next mandate, the one Mr. WHITEHOUSE. Madam Presi-
tire $230 billion—goes to the top 5 per- for every group that has more than 100 dent, it is a pleasure, and I appreciate
cent of all taxpayers; 94 percent goes to employees in it. All kinds of police offi- my friend, Senator BLUNT.
the top 20 percent; and 85 percent goes cers, for whatever reason, either don’t I am here today to rise for the 10th
to the top 10 percent. want to get vaccinated or don’t want time to talk about the rightwing
Those are pretty big numbers in a to be told they have to be vaccinated. scheme to capture our Supreme Court.
bill that is supposed to make life easier As the Presiding Officer knows, I
You know, we have enough problems
for everyday American challenges. have delivered a lot of speeches on the
right now in finding police officers and
Now, I am sure the top 5 percent of Senate floor, and a majority of them—
firemen and first responders that, if
all taxpayers have their own chal- 279 of them, to be precise—addressed
you delete those forces, our current
lenges. I am also sure they are dif- climate change. These were my ‘‘Time
problems will be even bigger. That is
ferent than my challenges, but they to Wake Up’’ speeches, many of which
what will happen.
are not the challenges that everyday focused on the network of phony front
If you have got that 100-person force
Americans face. It is pretty amazing, I groups and trade associations used by
but you still want to be a police officer,
think, in all the discussion of what this the fossil fuel industry to block any
in all likelihood, within driving dis-
bill is designed to do, that that is what meaningful climate legislation.
tance, there is a 20-person police force That vast web of climate denial and
would happen. or a 5-person police force. It may be a climate obstruction is one of the main
VACCINE MANDATE little easier, safer job anyway, and you reasons that we are in the climate cri-
Madam President, let me talk about will not have to be told by the govern- sis we face today. I am here today to
one other topic as I make way here for ment what you have to do. report that there is common technique
the Senator from Rhode Island. I want I am hearing that from schools. We behind that smelly climate denial oper-
to talk a little bit about the vaccine have schools where the National Guard ation and the rightwing donor oper-
mandate and what I am hearing about is driving school buses. By the way, a ation to capture the Court.
that. lot of the people in the National Guard They both rely on massive amounts
Yesterday, in a vote in the Senate on are thinking about leaving the Na- of dark money. They both rely on a
the Congressional Review Act, which is tional Guard if they have to do some- small number of ultrawealthy donors
when we have an opportunity to look thing like this. who supply that dark money. And they
at regulations proposed by the admin- You know, what people really, I both rely on an armada of front groups
istration, 52 Senators from both par- think, resent is when government tells and phony corporate entities, funded
ties—Senators from both parties made them: You have to do this, and you by those big donors, to hide their
up that 52—voted not to go forward have to do it for your own good. hands. At this point, it is, actually, de-
with this mandate. If it is for your own good, that is pressingly, familiar.
It is very possible to be pro-vaccine probably a decision that you should be But it is worse than just common
and not pro-mandate. I am pro-vaccine. allowed to make. technique. It is the same entities: the
Over and over again, I have rec- Whether you are allowed to make it Koch operation, Americans for Pros-
ommended to my friends and my fam- or not, this is the response to all of perity, DonorsTrust, the Bradley Foun-
ily that you get the first shot and, now, these mandates, whether it is the dation, the Scaife Foundation, the
if you are available for the booster shot Health and Human Services mandate Competitive Enterprise Institute, the
after you have had either one or two of on hospitals; the mandate on Federal U.S. Chamber of Commerce. The list
the other shots, to get that one too. contractors—and, by the way, we need goes on and on and on. These are the
The vaccines have made a big dif- those Federal contractors or we exact same players on both sides of the
ference. Frankly, my advice would be, wouldn’t have contracted with them— operation—on the climate-denying web
unless your doctor tells you you or the mandate on policemen and fire- and on the Court-capturing scheme.
shouldn’t do this, I think you ought to men and grocery store workers. My colleagues and I showed in a
do it. I saw a number the other day of 50- number of Web of Denial climate
The mandate just appears not to be some percent—I think it was 56 per- speeches how a few ultrawealthy,
working. I am not even going to as- cent—of the people who work in a gro- rightwing foundations, corporate trade
sume it was designed in a way that the cery store would rather work some- groups, and so-called donor-advised
administration thought it would have where else after what they have gone funds supply the bulk of the dark
the impact it appears to be having, but through in the last year: shorthanded; money for modern-day climate denial.
it is clear and it is out there. You know more people getting food at the grocery Big oil companies used to do that di-
it, and I know it. store than ever before. They are look- rectly, but they got burned and learned
I have visited with Missouri hospital ing for a reason to say: OK. I am done that it is bad for their public image,
administrators, and they may have with this. and I suspect they are hiding now be-
been at a place where, just a few days We need our grocery store workers. hind those anonymizing entities and
ago, if that mandate had gone into ef- We need our healthcare providers. We trade groups.
fect, you couldn’t have gotten Medi- need our policemen. We need our fire- The big funding guns included the
care or Medicaid patients paid for at men. We need our school bus drivers. Koch network; the Lynde and Harry
your hospital if you weren’t 100-percent We need our schoolteachers. Bradley Foundation; the Searle Free-
vaccinated. This is not working. Fortunately, up dom Trust; the Sarah Scaife Founda-
Now, fortunately, a Federal court to now, Federal judge after Federal tion; Donors Capital; and DonorsTrust,
said: No, we are not sure the President judge has said: We don’t think you which has been called the rightwing’s
has the authority to do that, so we are have the authority to do this, and we ‘‘dark money ATM.’’
ctelli on DSK11ZRN23PROD with SENATE
going to postpone that. are going to suspend the implementa- This is the Web of Denial graphic
But as we approached that deadline, I tion of these mandates. that we used in many of those Web of
kept hearing more and more hospital I think this gives the Biden adminis- Denial speeches, and you will see these
administrators say: We think we can tration a chance to look at this again groups turning up over and over again.
get almost all of our professional staff and realize that the unintended con- They are central in the web of climate
vaccinated, but we are not even sure sequences of what they were trying to denial.
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S9072 CONGRESSIONAL RECORD — SENATE December 9, 2021
Now, if you look at the big funders ever is behind them. Others are pre- to trot out a front group purporting to
behind the scheme to capture the existing, captured, and co-opted. The represent women. In practice, that
Court, you will see this—in my last key common characteristic, whether means they pop up everywhere. They
scheme speech, I talked about the flo- invented or captured and co-opted, is popped up in a pending Second Amend-
tillas of amici curiae—or ‘‘friends of that they got to hide the donors. The ment case before the Court. They
the court’’—who come in and orches- U.S. Chamber of Commerce is the easy popped up in the Americans for Pros-
trate phalanxes to file briefs for the example of a captured and co-opted perity Foundation case that granted a
rightwing in cases of significance to group. constitutional right to dark money,
the scheme’s big donors. Well, it turns According to the watchdog group signed off on by the dark money Jus-
out that those funders also inhabit the InfluenceMap, the Chamber is one of tices. They popped up in the Little Sis-
web of denial. the biggest climate obstructors in ters of the Poor contraception case.
This is an appendix that I filed in the Washington. They popped up in a challenge to the
case of Seila Law v. Consumer Finan- Why? EPA’s authority to regulate green-
cial Protection Bureau—a case that The Chamber has lots of members house gases.
was the rightwing’s shot at weakening who don’t support climate obstruction, The Independent Women’s Forum’s
a consumer watchdog agency they but someone—someone—gave the work in that EPA case brings the over-
hate. This appendix—a first of its kind Chamber enough money to become a lay between the web and the scheme
in the Supreme Court, which was at- worst climate obstructor. And guess into focus.
tached to my amicus brief—looked at what. The Chamber is also a major In 2016, the forum joined the dark
some of the other amici who had filed player in the scheme. It is the biggest money amicus flotilla asking the Su-
briefs and cross-referenced where their filer of scheme amicus briefs; it cam- preme Court to strike down the EPA’s
funding had come from. paigned hard for all three of Trump’s Clean Power Plan, along with other
My point then was that the Court dark money-chosen Supreme Court web-scheme front groups like the Com-
was not told that there was this huge Justices; and way back, it commis- petitive Enterprise Institute, the Texas
overlap of funding. Each brief came in sioned the Lewis Powell memo that Public Policy Institute, and other
as if it were independent rather than launched the entire scheme. groups opposing the EPA. These par-
part of an orchestrated cascade. So Other major front groups serving ties asked the Robert Court to stop the
nearly every one of these groups is part both the web and the scheme include Clean Power Plan before it went into
of the web of denial: DonorsTrust, Do- the Heritage Foundation, the Cato In- effect. Just days before Antonin Scalia
nors Capital, the Charles Koch Founda- stitute, and the Competitive Enter- died and their 5-to-4 majority evapo-
tion, the Sarah Scaife Foundation, the prise. rated, the Republican Justices obliged.
Bradley Foundation, the Searle Foun- Again, the common thread? This was ‘‘shadow docket’’ work, for
dation. They all hide the donors so they can those of you following the Texas abor-
But the overlay isn’t just with the provide that vital screening, tion case ‘‘shadow docket’’ fiasco.
phony amicus flotillas that are orches- anonymizing function, which is key to In the EPA case, for the first time,
trated up at the Supreme Court; it is the donors because they have to hide the Court stepped in to stay a regula-
right in the cases themselves. Take the their identities and their motives in tion before it went into effect and be-
notorious anti-labor cases of Friedrichs order to do their dark work. fore the lower court had a chance to
and Janus. According to a trove of doc- On the scheme side, each one of these weigh in.
uments uncovered in 2016, legal groups groups gets gobs of scheme dark By the way, it was a purely partisan
funded by the Bradley Foundation money, helps hatch hot-house legal decision, with all the Republicans be-
brought those cases. They weren’t just theories to present to scheme Justices, hind it and none of the other Justices.
amici filing briefs; they were the liti- helps locate plaintiffs of convenience Fast-forward to today. The Trump
gating law group in those cases. The to bring cases for and/or joins the or- administration replaced the Clean
law group went out and found the chestrated flotillas of scheme amicus Power Plan in 2018 with a Trump do-
plaintiffs—plaintiffs of convenience, briefs. You see the same players over nothing, polluter-friendly rule. When
and they paid the plaintiffs’ legal ex- and over and over again, and how the the Biden administration came in, it
penses. Those same donors, Bradley has Court manages not to notice or be curi- completely abandoned the Trump do-
shown in this, funded that whole boat- ous is a mystery. nothing, polluter-friendly rule, so right
load of amici who came in to support On the web side, each is also a cen- now, there is actually no regulation to
their also-funded group that was bring- tral node in the web of denial. Here, for challenge. But the scheme has replen-
ing the case on behalf of a nominal instance, is the Lynde and Harry Brad- ished its dark money Court and super-
plaintiff. By the way, they funded a flo- ley Foundation. Here is the Donors charged it with a sixth Justice.
tilla of amici in Janus. Seventeen Su- Trust, Donors Capital. Here is Koch-af- They are out to disable what they
preme Court amicus briefs came from filiated foundations. Here is Searle call the administrative state for the
groups funded by DonorsTrust, Donors Freedom Trust. Here is the Americans sake of their big donors, so they sued
Capital, and Bradley. for Prosperity Foundation. These again, backed by familiar organiza-
The front groups in those labor cases groups pretty notoriously represent tions—the Competitive Enterprise In-
actually played a little bit of switch- the interests of Big Business and right- stitute, the Texas Public Policy Insti-
eroo amongst themselves. Think of the wing donors, so you at least know that tute, and other web-scheme groups—to
pea-and-shell game. The group that much, if not the specific identity of ask, as they put it in their brief, that
brought the case in Friedrichs became who is funding the brief. But some of the Court ‘‘finish what it started when
an amicus supporting the plaintiff in the web-scheme overlay gets a little it stayed the [Clean Power Plan].’’
Janus. The group that brought the case bit harder to unravel, so let’s drill into There is no regulation to challenge.
in Janus had been an amicus sup- one: the Independent Women’s Forum. Yet the Republicans on the Court took
porting the plaintiff in Friedrichs. All This group was founded by rightwing the case—so much for the ‘‘case or con-
of those groups—the ones that brought donors in the very early days of the troversy’’ principle of the Constitution.
the two cases and the groups that scheme to prop up the troubled nomi- Now the Court, I guess, is going to
chimed in as amici—were funded by the nation of Justice Thomas. It has ac- make decisions based on what might
same organizations. It is a little bit cepted millions of dollars from a who’s happen. Where I come from, that is
like that pea-and-shell game except, if who of scheme and web-of-denial do- called an advisory opinion, which our
you know the parties, it is being played nors—Bradley, Scaife, Koch, Donors Court is not supposed to do under the
ctelli on DSK11ZRN23PROD with SENATE
with transparent shells; but for some Trust. Its stated mission is to ‘‘im- separation of powers. But the Fed-
reason, the Court is incapable of notic- prove the lives of Americans by in- eralist Society six on the Court are out
ing this scheme that is being pulled in creasing the number of women who for big game. The prize is to bring
plain view, in their presence. value free markets and personal lib- down the ‘‘regulatory state’’ alto-
Now, some front groups are invented erty,’’ but its real mission is to pop up gether, and where better than where it
shells—purpose built—just to hide who- anytime its dark money donors want most helps the fossil fuel industry—the
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December 9, 2021 CONGRESSIONAL RECORD — SENATE S9073
industry lurking behind this web of de- As I said, I am chair of the European foreign policy than deliberately ham-
nial and likely also working behind the Subcommittee, so I have had the op- pering this country’s ability to ad-
dark money that put the last Justices portunity to attend the hearings for vance American interests on the inter-
on the Court and likely also lurking these nominees and to see just how national stage.
behind the dark money millions that qualified they are and how important I want to say a few words about each
fund the Republican election groups. to American foreign policy they are. of these nominees before I move for
This Clean Power Plan challenge Earlier this week, Victoria Nuland, unanimous consent. Again, I would like
opens an avenue for scheme-appointed who is an Under Secretary at the De- to begin with Mark Gitenstein, who
Justices to delight the donors behind partment of State, testified in front of has already served our Nation before.
both the scheme and the web. In the the Senate Foreign Relations Com- He was the U.S. Ambassador to Roma-
short term, it would hobble the EPA’s mittee that the U.S. foreign diplomacy nia. He has spent over 25 years working
ability to combat climate change— is operating at quarter-power as a con- on energy issues. And as we think
something very much sought by vested sequence of the numerous holds that about the negotiations that are hap-
interests in the fossil fuel industry. have been placed on ambassadorial ap- pening around energy and Nord Stream
Over the long term, it would accom- pointments by just a few of our Repub- 2 in particular, which I know is a con-
plish rightwing donors’ goal of lican colleagues. cern for Senator CRUZ because it is a
kneecapping Federal Agency power I have some maps here that I think concern that I have, we don’t have an
across the board. really very vividly demonstrate the ambassador to the EU at the table for
For Donors Trust, the Chamber of consequences of this inaction in the those discussions. Mr. Gitenstein’s
Commerce, the Independent Women’s Senate. nomination is critically important in
Forum, and dozens of other groups that The first map shows where we have responding to Russia’s weaponization
link the web and the scheme, winning U.S. Ambassadors to Europe. You can of gas flows to Europe and strength-
cases like this one means big wins for see that anything blue is where we ening the transatlantic alliance as we
their big secret donors. have Ambassadors. On this map, every- face escalating aggression from Russia.
To go back to my early speeches thing from Spain to Ukraine, the Similarly, Kent Logsdon’s nomina-
about the scheme, they are following United Kingdom, Iceland, Ireland—we tion as Ambassador to Moldova
Lewis Powell’s advice years ago to have no U.S. Ambassadors approved in couldn’t come at a more critical mo-
seize what he called the ‘‘most impor- those countries. ment where Russia is, again, using en-
tant instrument for social, economic, Compare that to what Russia and ergy there as a weapon.
and political change’’—the Federal ju- China have in terms of their diplo- Maia Sandu—the newly elected, pro-
diciary—and to control it with what he matic ability in Europe. The gold color EU, pro-reform President there—has
called ‘‘an activist-minded Supreme is Russian Ambassadors, countries every intention of steering Moldova,
Court.’’ The scheme has captured the where Russia has their Ambassadors— the poorest country in Europe, toward
Court. The scheme’s captured Court virtually every country in Europe. Red a better path, and she is looking west
will deliver for the web. It is the same is where China has its Ambassadors— to do that. But, of course, she has al-
donors and organizations behind both, virtually every country in Europe. ready faced pressure from Putin and
and it has got to be cleaned up because Again, the United States, our Ambas- his cronies, who have threatened to
this is not how courts are supposed to sadors in Europe—it is basically weaponize gas flows into Moldova.
work. We can’t allow Moldova to become
empty. Finland, Sweden, Norway,
To be continued. the next Ukraine or the next Georgia,
I yield the floor. Spain, France, Germany, Poland, Ire-
and we can only prevent that by con-
I suggest the absence of a quorum. land, the EU—we are desperately in
veying strong U.S. leadership to sup-
The PRESIDING OFFICER (Mr. need of Ambassadors because right port its pro-European aspirations.
WARNOCK). The clerk will call the roll. now, we have very little presence in I also want to say a few words on Mi-
The bill clerk proceeded to call the Europe. chael Murphy’s nomination as Ambas-
roll. This is happening at a time when we sador to Bosnia and Herzegovina.
Mrs. SHAHEEN. Mr. President, I ask know there are significant challenges America played a critical role in bring-
unanimous consent that the order for taking place in Europe, particularly in ing peace to Bosnia through the Day-
the quorum call be rescinded. Ukraine, where Russia is threatening ton Accords, but we are seeing now
The PRESIDING OFFICER. Without to invade Ukraine, its sovereign terri- that peace and stability in Bosnia and
objection, it is so ordered. tory, again, and where we need—if we unity in Bosnia are under increasing
UNANIMOUS CONSENT REQUEST are going to be successful in responding attack.
Mrs. SHAHEEN. Mr. President, I to Russia—where we need to take a Earlier today, I had a chance to meet
come to the floor today to support a unified approach among our allies. We with the Bosnian Foreign Minister, and
number of our nominees for Ambas- need to be working with the EU, with I am seriously concerned by the dete-
sadors and positions within the State NATO, with all of our European allies. riorating political situation there. It
Department. Yet, in most of the countries where requires an expert career diplomat like
As the chair of the European Affairs we need to be working, we don’t have Michael Murphy to provide the com-
Subcommittee, I am particularly con- Ambassadors, and we don’t have Am- manding leadership to help Bosnia
cerned about the number of openings bassadors because of opposition from through this moment.
we have in Europe for Ambassadors. just a few of our Republican colleagues. The same is true in Ireland. Claire
I want to support today Mark I see Senator CRUZ on the floor, so I Cronin’s nomination as Ambassador to
Gitenstein, again, to be U.S. Ambas- know that he is going to be here to ob- Ireland is not just a symbolic gesture
sador to the European Union; Kent ject to my effort to move these. But to a longstanding ally of the United
Logsdon to be U.S. Ambassador to this is the impact of what is happening States. Peace in Northern Ireland is
Moldova; Michael Murphy to be U.S. as a result of the holds of Senator hanging by a thread as the UK, Ireland,
Ambassador to Bosnia and CRUZ. We can’t put our national secu- and the EU handle the fallout from
Herzegovina; Clair Cronin to be U.S. rity in the hands of those people who Brexit.
Ambassador to Ireland; Denise Bauer don’t have the status of Ambassadors. I was concerned by the release of a
to be U.S. Ambassador to France and We know that our Embassies are doing report on Tuesday which indicated that
Monaco; and Julissa Reynoso a great job in all of those countries. the paramilitary gangs embedded in
Pantaleon to be Ambassador to Spain They are working hard. But it makes a Northern Ireland’s divided commu-
and Andorra. difference to have someone who has nities pose a ‘‘clear and present dan-
ctelli on DSK11ZRN23PROD with SENATE
Those are the Ambassadors in Europe been approved by the Senate, who has ger’’ of violence fueled by post-Brexit
whom I wanted to raise this afternoon, been nominated by the President, who tensions. By stalling our confirmation
but I also want to raise concern about has the rank of Ambassador. of Ms. Cronin, we risk tarnishing our
Rufus Gifford, who has been nominated As I think about the challenges that legacy in fostering peace in Northern
to be Chief of Protocol for the Depart- are facing this country, I can’t think of Ireland through the Good Friday
ment of State. anything that is more harmful to our Agreement.
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S9074 CONGRESSIONAL RECORD — SENATE December 9, 2021
Of course, Denise Bauer’s nomination the Senate Foreign Relations Com- the ocean, dead, until, unfortunately,
to France is necessary as the country mittee has yet to hold a hearing on. Joe Biden became President.
prepares for national elections next For every one of those nominees on Almost from the moment of election
year. These elections have significant whom there hasn’t been a hearing, day, Biden and the incoming adminis-
implications for our bilateral relation- again, there are no Republican objec- tration began projecting weakness to
ship, in addition to the role France will tions; it is simply that the Senate Russia and Putin, and to understand
play in the EU and NATO. Democrats have failed to move forward just how much that message was re-
Similarly, Julissa Reynoso’s nomina- with hearings. ceived: Joe Biden was sworn in as
tion to Spain requires swift confirma- But there are a number of nominees President on January 20, 2021. Putin
tion. Spain will host the Madrid Sum- who have been nominated and who began building the Nord Stream 2 Pipe-
mit next year, where NATO will elect have had hearings on whom I have line again on January 24, 2021, 4 days
the next Secretary General and finalize holds. And we are here today once after Biden was sworn in.
the strategic concept. What happens in again because the Democrats in this In the Senate, I introduced legisla-
NATO is critical to America’s national Chamber have been unwilling to do the tion again in the Senate Foreign Rela-
security, and we want to have an am- one thing that would stop Vladimir tions Committee that passed in the
bassador on the ground there who can Putin from potentially invading Senate Foreign Relations Committee—
monitor what is going on with those Ukraine, which is sanctioning the Nord in this Senate—with overwhelming bi-
talks, in addition to the other officials Stream 2 Pipeline and making sure partisan support to sanction Nord
we need to send. that it never becomes fully oper- Stream 2 yet again. But this summer,
Finally, Ambassador Rufus Gifford ational. the Biden White House made a political
has been nominated to be the Chief of Now, Senator SHAHEEN, along with decision to surrender completely to
Protocol for the Department of State. every other Senator in this Chamber, Putin on Nord Stream 2, and President
He previously served as our Ambas- knows exactly why I have holds on Biden waived the sanctions on Nord
sador to Denmark, where the Queen these nominees. Right now, as we Stream 2. He did so overruling the rec-
there acknowledged him for his meri- speak, over 100,000 Russian troops are ommendations of his own State De-
torious service to the Kingdom of Den- massed on the border of Ukraine, wait- partment that argued that this pro-
mark. His background and service will ing to invade. And it is Joe Biden’s tects U.S. national security interests,
make him an excellent Chief of Pro- fault because it is a direct consequence this stands up to Russia, and this pro-
tocol, and we urgently need him in of President Biden’s surrender to tects Ukraine. The Biden White House
place to assist Secretary Blinken. Vladimir Putin on Nord Stream 2. didn’t care about any of that—over-
Combined, these nominations are all For those watching at home asking ruled it all.
critical to immediate challenges facing ‘‘What is Nord Stream 2?’’ it is a pipe- Then, unfortunately, Senate Demo-
our national security interests. line being constructed from Russia to crats lost their willingness to hold
With that in mind, Mr. President, I Germany to carry natural gas. Putin is Biden to account. This is an issue on
ask unanimous consent that notwith- building Nord Stream 2 to go around which Democrats and Republicans are
standing rule XXII, the Senate proceed Ukraine because right now, Russian agreed on the substance. But it can be
to executive session to consider the fol- gas gets to Europe through Ukraine. difficult to stand up to a President of
lowing nominations: Executive Cal- Putin didn’t just wake up one day your own party, and on Nord Stream 2,
endar Nos. 320, 440, 447, 448, 450, 454, and and decide to invade Ukraine; he has Senate Democrats have not been will-
519; that the Senate vote on the nomi- wanted to invade Ukraine for years. He ing to do so. They were eager to do so
nations en bloc without intervening ac- did it in 2014, but he stopped short of a when Donald Trump was in the White
tion or debate; that the motion to re- full invasion because he needed to use House, but when a Democrat was in the
consider be considered made and laid Ukrainian energy infrastructure to White House, suddenly their willing-
upon the table with no intervening ac- transport Russian gas to the European ness to stand up to the President evap-
tion or debate; that any statements re- market. Ukraine’s energy infrastruc- orated.
lated to the nominations be printed in ture is their insurance policy against a So the holds that I have placed are
the Record; and that the President be Russian invasion. directly in order to try to force Joe
immediately notified of the Senate’s Nord Stream 2 is all about Putin Biden and KAMALA HARRIS to follow
action and the Senate resume legisla- building an alternative avenue to get the law and stand up to Russia and
tive session. Russian gas to Europe. So if Nord stand up to Putin.
The PRESIDING OFFICER. Is there Stream 2 comes online, it leaves So I will offer my colleague Senator
an objection? Ukraine exposed to Russian aggression. SHAHEEN a deal that I have offered
The Senator from Texas. Just 2 years ago, we had a bipartisan many times to the White House, to the
Mr. CRUZ. Mr. President, reserving consensus in the Senate that we needed State Department, to the Department
the right to object, you know, in Wash- to stop Nord Stream 2. Now, Senator of the Treasury, and to Senate Demo-
ington, there is always political rhet- SHAHEEN knows that well because she crats—a deal that if we, as the Senate,
oric that goes around. The Senator and I authored the legislation together. will impose sanctions on Nord Stream
from New Hampshire just moments ago She and I worked together to get the 2, CAATSA sanctions—yet another
described the Embassies in Europe that support of Democrats and Republicans Russia sanctions bill that both Senator
are missing Ambassadors. She said in the Senate and the support of Demo- SHAHEEN and I voted for, that we both
they are missing Ambassadors because crats and Republicans in the House. advocated and supported, and that the
of Republican objections, and she high- The Cruz-Shaheen legislation sanc- Biden administration is refusing to
lighted in particular Ukraine. tioning Nord Stream 2 passed both apply—if the Senate will impose those
I would like to point out there is Houses of Congress overwhelmingly sanctions, I will happily, enthusiasti-
some irony in her doing so because ac- and was signed into law. The Cruz-Sha- cally lift my holds on these nominees,
tually the reason there is no Ambas- heen legislation worked marvelously and Senator SHAHEEN can take her map
sador in Ukraine is because of one well, so well that Putin stopped con- of Europe and color in all of those
thing and one thing only: President struction of Nord Stream 2 the day countries. We can do that right now by
Biden has not nominated anybody to that President Trump signed our legis- doing the right thing substantively.
serve as Ambassador to Ukraine. We lation into law—not even a week later, By the way, this is the one step
are in December of the first year of his not a month later, but the very day which has a real possibility of stopping
Presidency, and Biden has yet to name that our sanctions were signed into a Russian invasion of Ukraine.
ctelli on DSK11ZRN23PROD with SENATE
an ambassador. So there are no Repub- law. This past weekend, the Biden admin-
lican holds, there are no Republican It was an incredible, bipartisan na- istration declassified their own inter-
objections to an ambassador that Biden tional security victory that we won to- nal projections that an invasion is im-
has not even named. gether, and that victory continued for minent; it could happen as soon as Jan-
In addition, there were multiple Am- over a year. For over a year, Nord uary or February. And if we see Rus-
bassadors who have been named whom Stream 2 lay dormant on the bottom of sian tanks in the streets of Kiev, it will
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December 9, 2021 CONGRESSIONAL RECORD — SENATE S9075
be because Joe Biden surrendered to spect to how they are talking about cluded in January or February of next
Putin and Senate Democrats weren’t Russia and China, for that matter, and year.
willing to hold him to account. so I think it is more prudent. I would note that according to the
I hope that is not the case. We can I also have real concerns about the Biden administration’s own documents,
act right now to sanction Nord Stream current legislation on Nord Stream 2. the Russian invasion is expected, po-
2 to stop the pipeline from being oper- But I think it is more prudent for us to tentially, in January or February of
ational, to stop Putin and the soldiers continue to work with our allies to next year. I do not believe it is coinci-
at the border to prevent the invasion, make clear to Putin what is at stake. dental that the instant Putin can turn
and to clear these ambassadorial nomi- And Nord Stream 2 is at stake if he on the switch of Nord Stream 2 is when
nees that my Democratic colleagues goes into Ukraine. There is no about the tanks are preparing to invade.
want. that. And right now, as we know, the If the Senate Democrats continue
Accordingly, I ask unanimous con- certification of the pipeline has been their partisan blockade of sanctions,
sent that the Committee on Banking, delayed, and it has been delayed until they are inviting a Russian invasion.
Housing, and Urban Affairs be dis- well after the first of the year. We are Mrs. SHAHEEN. Will my colleague
charged from further consideration of not sure what the timetable is, but it is let me ask a question?
S. 3322 and the Senate proceed to its going to be sometime after the spring. Mr. CRUZ. I would happily consent
immediate consideration; I further ask So I just came to a different conclu- to a colloquy.
that the bill be considered read a third sion than you did, Senator CRUZ, about Mrs. SHAHEEN. I just want to cor-
time and passed; and that the motion the best way to deter Putin at this rect what I said because I think the
to reconsider be considered made and point. I think it is to work together. It Senator mischaracterized it.
laid upon the table. is not to poke a finger at our most What I said was, we know that the
The PRESIDING OFFICER. Is there prominent ally on this issue and sug- certification has been delayed until
an objection? gest that we create those divisions, after the first of the year, and it is not
The Senator from New Hampshire. which is what you would like to do. likely to happen until after the spring,
Mrs. SHAHEEN. Mr. President, re- And I think, furthermore, that the which is well later than January, Feb-
serving the right to object. efforts to undermine our appointment ruary, So I just want to correct for the
My colleague and I agree on our op- of Ambassadors and our ability for the record that. And I think if you look at
position to Nord Stream 2, but I am not State Department to conduct foreign what is being proposed, you will find
looking at it, despite your accusations, policy further weakens our ability to that it is even later than that.
through the same partisan lens that negotiate with Putin. And it sends a Mr. CRUZ. Well, I will accept that
you are, Senator CRUZ. message about divisions within Con- correction. I don’t believe the Senator
And I would go back—I think you gress that is really not helpful. It is said the spring. I think the Senator
threw out a lot of red herrings in your not helpful as Putin is watching us; it said after the first of the year, but—
initial objection there, one of which is not helpful as China is watching us. Mrs. SHAHEEN. Then I went on to
was to suggest that I said that you had So you and I just have fundamentally say, after the spring, as well. I just
a hold on our Ambassador to Ukraine, different views of how best to address want the Senator to listen to what I
and I actually agree with you. I think this issue and how we can achieve the said.
this administration needed to appoint goal that we both want, which is to end Mr. CRUZ. I do not think it is coinci-
that Ambassador to Ukraine 8 months Nord Stream 2 and reduce Europe’s de- dental that the timing of Nord Stream
ago. pendence on Russia and to prevent 2 and the timing of an invasion are
And if you agree with me right now, Putin from invading Ukraine. intertwined.
then will you agree that you will not So, Mr. President, I object. Now, Senator SHAHEEN also sug-
put a hold on the Ukraine nomination, The PRESIDING OFFICER. Objec- gested the way to prevent an invasion
once we get it—if we get it within the tion is heard. is to be united with our allies. I actu-
next couple of weeks, before the end of Is there objection to the original re- ally agree with that.
this year? quest? I would point out that this summer,
I will ask you to think about that for The Senator from Texas. when President Biden waived the sanc-
a minute because I do think we need to Mr. CRUZ. Mr. President, reserving tions on Nord Stream 2, do you know
have an Ambassador there. And that is the right to object. You know, I would what our allies said? Ukraine and Po-
certainly on my list of places in Europe note that Senator SHAHEEN said it was land put out a joint statement. I would
where we need Ambassadors. simplistic to say that sanctioning Nord encourage you to read the joint state-
But I think the bigger question now, Stream 2 would stop a Russian inva- ment from the Foreign Ministers of
you suggest that the mere action of sion of Ukraine. And in that, Senator Ukraine and Poland because they de-
sanctioning Nord Stream 2 would be SHAHEEN may well be right. nounced the Biden administration for
enough to deter Putin and his ambi- I cannot guarantee that Nord Stream waiving sanctions on Nord Stream 2.
tions in Ukraine. Sadly, I think that is 2 sanctions would prevent an invasion And do you know what Ukraine told
a simplistic analysis of the situation of Ukraine. What we do know is, it has us? That waiving those sanctions
that we are in because the biggest de- in the past—what we do know is that in makes a military attack on Ukraine
terrent we can provide right now to 2014, when Putin invaded Ukraine in much more likely. That is what Poland
what Putin is thinking about is to let the Crimea, that he stopped short of a told us.
him know that we are united with our full invasion because he needed the Senator SHAHEEN knows that. She
allies in Europe on our opposition to Ukrainian energy infrastructure. has spoken with the governments of
any action he might take in Ukraine, And we also know that, during the both countries, I am sure. I have spo-
that we are united with our NATO al- more than a year in which the Cruz- ken with the governments of both
lies, that we are united with our Euro- Shaheen sanctions were in effect and countries. And they adamantly believe
pean allies. And, unfortunately, one of Nord Stream 2 was dead, that Putin that waiving those sanctions is a major
those major allies is Germany. didn’t amass troops in preparation for force increasing the likelihood of a
And I don’t think it would be good an invasion. So we know that it has Russian invasion.
for the unity message that we need to been effective. You know, one of the things that is
give to Putin to, at this point, sanction And we also know, although I cannot striking in the debates we have had in
Nord Stream 2 because I think the Ger- promise that sanctioning Nord Stream Nord Stream 2, throughout the course
mans are going to come to that conclu- 2 would prevent an invasion—we know of all of this, we have yet to see a sin-
ctelli on DSK11ZRN23PROD with SENATE
sion on their own. They have a new ad- the obverse is true, which is that al- gle Democrat stand up and defend the
ministration. They have a new admin- lowing Nord Stream 2 to go online and Biden administration’s waiver of sanc-
istration that has issued some con- become operational would invite an in- tions on Nord Stream 2 on the merits.
tracts—what they call contracts in de- vasion. They all know it is wrong.
veloping their coalition government— Senator SHAHEEN noted that the cer- The only arguable benefit that the
that have a very different tone with re- tification process is expected to be con- Biden White House claims is they
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S9076 CONGRESSIONAL RECORD — SENATE December 9, 2021
earned some good will with Angela what we really need to do now to ad- books. That is true—after Joe Biden
Merkel. Angela Merkel had been the dress what is happening with Russia was sworn into office. Putin began
leader of Germany. But, as Senator and Ukraine. And I certainly applaud building the pipeline on January 24,
SHAHEEN noted, she is no longer the our allies: Poland and Ukraine. But I 2021, 4 days after Biden was sworn in.
leader of Germany. The German people think we need to stand united with Not a foot of the pipeline was built be-
voted her party out of office. And the many more of our allies in Europe in tween December of 2019, when the sanc-
new administration is expected to op- order to deter Putin that the United tions were signed into law, and Janu-
pose Nord Stream 2. States, Poland, and Ukraine probably ary 24. Putin began building the pipe-
So we literally have a situation in are not going to do it on our own, and line because Biden telegraphed his sur-
which the Biden White House surren- we need all of us to act together. render.
dered to Russia, gave a multibillion- Also, you know, maybe if we had our Secondly, Senator SHAHEEN sug-
dollar pipeline to finance the Russian Ambassador to the EU, he could have gested that if only we had an ambas-
military, abandon our Ukrainian allies, reported to the Senate what the vote sador, we might know what the Euro-
and did it all in search of good will was in the EU about Nord Stream 2, pean Parliament did. Thankfully, we
from a leader who is no longer in office. but because he is still on hold, we have these magic little devices that let
Do you want us to be united? The Eu- haven’t had a chance to hear from him. us cross the Atlantic in the twinkle of
ropean Parliament voted to condemn I would also point out that at this an eye, so we actually know that the
Nord Stream 2. The last vote was time in the first year of the Trump ad- European Parliament voted roughly 500
roughly 500 to 50 to condemn Nord ministration, 44 of his Ambassadors to 50 to condemn Nord Stream 2. So if
Stream 2. Do you want to be united? had been confirmed, compared to 13 for we want to stand united with Europe—
How about if we stand with the 500 and the Biden administration. And, you not just Ukraine and Poland; Europe—
not the 50? know, it seems like there ought to be a we want to stand up to Nord Stream 2.
If Senate Democrats would not object number of things we can agree on. And A final point I will say to Senator
to my motion, we would be standing by the way, there was going to be a SHAHEEN perhaps is a word of encour-
with the whole of Europe, and we vote on Nord Stream 3 before some of agement, which is that I have right
would be united. now pending an offer with the Demo-
your colleagues objected to the process
And a final observation, Senator cratic leadership to lift a number of
under the Defense bill. If that hadn’t
SHAHEEN decried the holds as an effort these holds—a significant number of
happened, we would have actually had
to undermine Ambassadors. I would these holds—if the Democratic leader-
a vote on Nord Stream 2 and we could
note that I have offered here, as I have ship will agree to a vote on Nord
offered many, many times—as I have see what the view of this body is. But,
Stream 2 sanctions. We are engaged in
offered in writing as far back as August unfortunately, it was because of those
productive negotiations on that issue.
of this year—to lift the holds if we objections that we didn’t get that vote.
If the Democrats cease obstruction, we
I think, again, if you look at our
adopt policy that actually stands up to can have that vote, and a number of
Russia. ability to conduct our foreign policy
these holds can be lifted. But that ulti-
Senator SHAHEEN says her changed and to be effective against Vladimir
mately is going to be a decision for
position is not partisan. I understand Putin, one of the most important
Senate Democrats.
why one would want to say that. But things we can do is to put in place our I yield the floor.
her substantive argument is, now, she diplomats so that they can help ad- The PRESIDING OFFICER. The Sen-
doesn’t want us to disagree with Ger- vance American foreign policy. ator from Louisiana.
many. What is happening right now, in addi- HONORING BRIAN BOURGEOIS
Well, when Senator SHAHEEN and I tion to those people you have on hold, Mr. CASSIDY. Pretty handsome guy,
authored Cruz-Shaheen in 2019, when we have over 50 State Department huh? Real handsome guy in his dress
we authored the second Cruz-Shaheen nominees on hold because of your ob- blues. Today, the citizens of Lake
in 2020, when we passed both of them, jections and the objections of some of Charles in the State of Louisiana and
we were disagreeing with Germany. your other colleagues. Again, I don’t our country mourn the loss of this U.S.
The German Government was very un- think that is where most of the Mem- Navy SEAL and commander of SEAL
happy with it. But it was the right bers of your caucus are. I think most of Team 8. Commander Bourgeois, Brian
thing for American national security. them, while they may not agree with Bourgeois, died from injuries suffered
Nothing has changed. all these Ambassadors, they would during a training accident Saturday.
And by the way, when there was a agree that we should go forward and We lost a SEAL, a dedicated patriot, a
Republican President in the White allow our foreign policy to move for- son, husband, father, and hero.
House, I repeatedly took on the Trump ward with diplomats. Commander Bourgeois was born 43
administration and pressed them on I understand your objection to Nord years ago in Lake Charles, LA. He dedi-
this issue. The only thing that has Stream 2. As I said, I have objected to cated his adult life to family and to
changed—one thing has changed: the Nord Stream 2. But I think at this service to our country. He began by en-
letter behind the name of the person in point what we need to do is look at rolling in the U.S. Naval Academy,
the White House. Now, it is a ‘‘D’’ and how we can conduct our foreign policy from which he graduated in May 2001.
not an ‘‘R.’’ And all the Democrats who in a way that best puts pressure on During his two-decade-long career,
gave speeches on Nord Stream 2, sud- Vladimir Putin, and I just disagree Commander Bourgeois served honor-
denly, we hear crickets. That needs to with you that that is going to do it ably, led his men bravely, and made
change. right now. our country proud.
I object. I yield the floor. The long list of honors and medals
The PRESIDING OFFICER. The ob- The PRESIDING OFFICER. The Sen- Commander Bourgeois earned for his
jection is heard. ator from Texas. service to our country includes a
Mrs. SHAHEEN. Mr. President, I just Mr. CRUZ. Mr. President, a brief mo- Bronze Star marked with a ‘‘V,’’ denot-
want to clarify a couple of things that ment of clarification. Several of the ing heroic acts performed during com-
Senator CRUZ said. One is that the facts that I said in my remarks are un- bat; two Defense Meritorious Service
Nord Stream 2 pipeline was completed, disputed because they are Medals; a Joint Service Commendation
despite those sanctions, because what undisputable. Medal; two Marine Corps Commenda-
Russia did was to employ their own No. 1, it is a fact that Putin stopped tion Medals; two Marine Corps
ships with Gazprom and complete the construction of Nord Stream 2 the Achievement Medals; a Combat Action
Nord Stream 2 pipeline despite the day—the exact day—that President Ribbon; a National Defense Service
ctelli on DSK11ZRN23PROD with SENATE
sanctions that we had threatened. And Trump signed the Cruz-Shaheen sanc- Medal; an Iraq Campaign Medal; and a
it was, in fact, not until right before he tions into law—that day—and the pipe- Global War on Terrorism Service
left office that President Trump actu- line was dormant for over a year. Medal. He was as decorated as he was
ally invoked some of those sanctions. Now, Senator SHAHEEN said Putin ul- loved.
So, again, I think the response has timately went back to building the At the annual Army-Navy game
been somewhat simplistic in terms of pipeline even with the sanctions on the scheduled for this weekend, to honor
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December 9, 2021 CONGRESSIONAL RECORD — SENATE S9077
Commander Bourgeois—a brother and the families who lost loved ones to money directly to China. Electric vehi-
former member of the Midshipmen fentanyl and other opioids made in cles use lithium batteries. A critical
football team—the Navy team will run China. He should tell that to the mineral necessary for those batteries
out onto the field with a flag of SEAL Uighurs and ethnic minorities per- relies on child labor in cobalt mines in
Team 8. That banner, representing his secuted and used as slave labor by the the Democratic Republic of the Congo
spirit, will fly alongside the American Communist Party. and slave labor in China. At the same
flag, the Navy flag, and the Marine I have to tell you, leaders on both time, Democrats’ spending bill would
Corps flag. sides of the aisle here have been virtually end mining on Federal lands
The Navy Football Brotherhood, a shocked by those comments by then- here at home. Instead of getting the
nonprofit organization aimed at sup- candidate for President Joe Biden. minerals we need at home in Wyoming,
porting the families of their fallen Many Democrats recognize the danger we are going to get them from China.
teammates, is leading fundraising ef- posed by communist China. Regret- More than a million Muslims in the
forts to help support the Bourgeois tably, our President, Joe Biden, is not western part of China have been put
family. one of them. into slave labor camps. In many cases,
Our country has and always will de- On issue after issue, the Biden ad- those people are forced to make solar
pend on our most noble answering the ministration’s policies are only mak- panels.
call to serve. To his wife Megan and ing China stronger, and at the same Last week, Senator RUBIO offered an
five children, your father represents time, that makes America weaker. I amendment to the Defense bill to ban
the best of our Nation. He is a hero who want to just mention a few. imports from Chinese companies using
President Biden’s first budget pro- slave labor. This is the same legisla-
dedicated his life to defending our
posed to basically supersize the Gov- tion that this Senate passed unani-
country and protecting the lives of
ernment of the United States—huge mously in July.
every American. For that, we will be
budget increases in every government Yet now Democrats are kowtowing to
forever grateful and shall never forget
Agency you can think of except for an administration weak on China, and
his service and sacrifice.
two. The two were Defense and Home- are blocking Senator RUBIO’s proposal.
Please join me in taking this mo- Why have the House Democrats
land Security.
ment in silent prayer for Commander His political appointees at the Pen- failed to move forward on this critical
Bourgeois, his family, and all who tagon seem more focused on climate issue?
loved and knew him. change and ‘‘dissident ideologies’’ and According to the Washington Post, it
I yield the floor. vaccine mandates than on security is because the Biden administration
The PRESIDING OFFICER. The Sen- threats to our Nation. asked them to.
ator from Wyoming. While China’s military is growing, The Washington Post reports: ‘‘While
CHINA ours is going broke and ours is going the administration supports the legis-
Mr. BARRASSO. Mr. President, I woke. That is the difference fundamen- lation in public, they are asking Demo-
come to the floor today to talk about tally today. crats to essentially water it down in
the threat that is posed by communist Joe Biden has stopped America’s pol- private’’—that from the Washington
China. icy of helping developing countries use Post.
China’s economy has grown sevenfold fossil fuels to eliminate poverty and On issue after issue, Democrat poli-
in just the last two decades. China al- grow their economies. Who are these cies are only making America weaker
ready has a million members in terms other countries turning to for help and making China stronger. It is no
of active-duty soldiers. China also has now? Well, they are turning to com- wonder only a quarter of Americans ap-
the largest navy in the world. That is munist China. prove of how President Biden is han-
right—it is now larger than ours, and Joe Biden seems to be doing every- dling China.
the Chinese military is not stopping. thing he can to shut down coal produc- On Monday, the President announced
China plans to build more than 100 new tion here in America. Wyoming is the United States will boycott next
ships in the next 8 years, and in those proud to be America’s leading coal pro- year’s Olympics in Beijing. This is a
same 8 years, China is also building ducer, and we have been for 35 years good first step, but it is not enough.
about 300 missile silos and plans to straight. Coal is the most affordable Symbolism is not enough. It is time for
have 1,000 nuclear missiles. Several and reliable energy source known to Democrats to wake up from this threat
times this year, China has tested man. Yet Joe Biden is determined to from communist China before it is way
hypersonic weapons capable of use drive down coal production and drive too late.
around the world. At the same time, energy jobs overseas. I yield the floor.
China is not making this same mis- The PRESIDING OFFICER. The Sen-
the world has witnessed increasing Chi-
take. China is acting in its own self-in- ator from Tennessee.
nese aggression. China’s goal is unmis-
takable: It truly wants to become the terest. China is producing and using INSTAGRAM
world’s one dominant power. more coal than ever before. China is Mrs. BLACKBURN. Mr. President, on
Since day 1, the Biden administra- also funding the construction of coal- Tuesday, at 3 in the morning, the peo-
tion has been caught flatfooted as fired powerplants as part of their Belt ple at Instagram published a blog post
President Joe Biden has been soft on and Road Initiative. describing another laundry list of prod-
The Biden administration and the uct updates they claim will make their
China. This is no surprise given the
Democrats have also put a big Christ- platform less toxic for children and
fact that Joe Biden has been soft on
mas present to China in their reckless teens.
China for 50 years. When he was Vice
tax-and-spending spree because the bill And I am sure they thought that the
President, he said:
includes trillions of dollars in new dead of night was the right time to
A rising China is a positive . . . develop-
taxes on American businesses. As a re- make this announcement, and I don’t
ment, not only for China but for America
and the world writ large. sult, some of our tax rates are going to blame them. If I wanted to pass off
be higher than those in China. It is something and just give a little lip
During his run for President, Can- going to make it cheaper to do business service and a little deflection and
didate Joe Biden said China was not a overseas, and that is exactly what make it look like some type of mean-
threat to the United States. During his many companies will do. ingful reform, I might try a 3 a.m. news
announcement speech when he was an- According to the nonpartisan Tax dump also.
nouncing he was going to be a can- Foundation, the taxes in this bill that Because what they did was to put up
didate for President, he said: the Senate is trying to push on the changes on how to handle things on
ctelli on DSK11ZRN23PROD with SENATE
They’re not bad folks. They’re not com- Democrats’ side of the aisle and Repub- their site with drug use and self-harm
petition for us. licans are trying to stop—the taxes in and violence and eating disorders and
Joe Biden should tell that to the the bill will eliminate 125,000 American low self-esteem and human trafficking
working families in factory towns who jobs. and bullying.
have been put out of business by com- Democratic giveaways for electric What they told us is they know there
munist China. He should tell that to vehicles will also send additional is violence and adverse content on
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S9078 CONGRESSIONAL RECORD — SENATE December 9, 2021
their site. And, yesterday, at the hear- One of the things that shocked me mediately—vote immediately—on the
ing at our Consumer Protection Sub- the most with Mr. Mosseri’s testimony motion to invoke cloture on the Sung
committee of the Commerce Com- was his refusal to admit that this con- nomination; further, that if cloture is
mittee, Senator BLUMENTHAL and I tent is still pervasive. He was abso- invoked on either nomination, all
made it fairly clear to our friends from lutely sure that we were hitting him postcloture time be expired and the
the Silicon Valley that they cannot es- with anecdotal evidence, and he said as confirmation vote on the Koh nomina-
cape accountability for what is hap- much. tion occur at 5:30 p.m. on Monday, De-
pening on their site—not from Con- But it wasn’t just me finding this cember 13, and the confirmation vote
gress and not from the American peo- terrible content on the platform; it was on the Sung nomination occur at a
ple. I am talking about the moms, the everyone on our committee, Democrat time to be determined by the majority
dads, the teachers, the pediatricians, and Republican. There was agreement. leader in consultation with the Repub-
who approach me every single day that We all came to the table with evidence lican leader; further, that the cloture
I am in Tennessee. of what we had found online. motions on the Elliott nomination and
They are worried about their kids, I will still stipulate that we all share on the House message to accompany S.
and the concern is not the product of the same goal of protecting our chil- 1605 ripen on Tuesday, December 14.
generational differences. When they dren and teens online, but nothing has The PRESIDING OFFICER. Is there
were growing up, drugs and eating dis- made me question that more than objection?
orders and bullying were problems, watching executive after executive Without objection, it is so ordered.
but—you know what, Mr. President— from platform after platform deny the Mr. SCHATZ. For the information of
they weren’t inescapable. existence of these problems. Senators, there will be three rollcall
Now these horrible things follow our The time for talking through these votes beginning at 6:15.
children every minute of every day, all problems is over. The people who work UNANIMOUS CONSENT REQUEST
courtesy of Big Tech. So, yes, when a for Big Tech at Instagram, Facebook, Mr. SCHATZ. Mr. President, I want
company like Instagram claims that Snapchat, TikTok, Google are all to rise today to support the nomina-
they are going to do more to support aware of this problem. They don’t need tions of Victoria Wassmer to be Chief
parents and to keep kids safe, Ten- congressional hearings to tell them Financial Officer of the Department of
nesseans listen, but they don’t take that there are platforms—their plat- Transportation, and Mohsin Syed to be
their word for it. They test it out. They forms—that are hotbeds for trafficking, the Department’s Assistant Secretary
look for evidence of accountability. drug use, bullying, and the glorifi- for Governmental Affairs.
And with all of these updates that cation of eating disorders. Right now, we are facing supply
they posted, they didn’t give us trans- They don’t need me to come to the chain issues. The reason for this in-
parency. They didn’t give a timeline dais with evidence that their current cludes unprecedented demand for
for when they are going to be imple- protections don’t work and that more goods, market disruptions caused by
mented. Basically, they said: We know of the same won’t magically turn the the pandemic, and greater demand.
this is a problem, and we will get tide. They know it, and we know that But the biggest issue is the lack of
around to fixing it at some point in the they know it. And their knowledge, it investment in our Nation’s infrastruc-
future. hasn’t changed a single thing about ture over the past half century. Simply
They are still not making changes. their business model. put, we need better infrastructure to
I do want to thank Chairman Fortunately, we have bipartisan mo- move things in, out, and across the
BLUMENTHAL and other members of the mentum to put some guardrails back country. And that is why it is so im-
subcommittee for staying focused on on these companies. We are working on portant that we pass the bipartisan in-
this issue. This time around, we had children’s privacy, data security, and frastructure bill.
Instagram CEO Adam Mosseri on the Section 230 reforms. We are also work- The bill provides a historic $567 bil-
witness stand, and it really was perfect ing on a national consumer privacy bill lion to the Department of Transpor-
timing. and kids’ specific policies to keep mi- tation, including $37 billion for freight
You know, yesterday’s hearing was nors safe online. No more half meas- investments. It creates new programs
the fifth time this year that the sub- ures; no more empty promises. to reduce bottlenecks and ease supply
committee has met to discuss what I have been working in tech policy chain congestion.
Congress and Big Tech should do to for quite a while now, and I watched The $1.5 billion for my home State of
protect our precious children online. It companies like Instagram grow from Hawaii will give a massive boost to our
was the fourth time I have personally these tiny, great ideas and startups local economy. But DOT needs staff to
spoken to someone from Meta, as they into multibillion-dollar corporations, make this investment work.
now call themselves, which is the largest in our country. Their plat- Ms. Wassmer is well qualified to
Instagram’s parent. And by this point, forms are integrated into our lives, our serve as CFO, with private- and public-
I felt like maybe they would come for- culture, our politics. They are up- sector experience, including as CFO of
ward with something concrete for us: stream from everything. the FAA.
This is how we are going to get things Unfortunately, they are also places The same goes for Mr. Syed as Assist-
done. where teens can go to buy drugs, bully ant Secretary for Governmental Af-
But, no, nothing changes. their classmates, find human traf- fairs. He spent 6 years on Capitol Hill,
This week, my staff put themselves fickers, sex traffickers, and where girls including in my office, and worked in
through yet another deep dive into the waste away. If anyone deserves an ex- the DOT general counsel’s office. That
dark corners of Instagram and con- planation from Big Tech, it is the chil- is why he passed out of the Commerce
firmed that there has been no crack- dren and teens and their parents who Committee with overwhelming bipar-
down on dangerous content, as are suffering because of these compa- tisan support, and that is why it is so
Instagram has previously claimed. nies. maddening that Republicans are now
We searched for posts that glorified I invite my colleagues to join me in refusing to move these nominations
eating disorders and drug use, and it holding these companies accountable. forward.
took them about 30 seconds to find I yield the floor. These are not controversial individ-
those posts glorifying drug use and eat- The PRESIDING OFFICER. The Sen- uals. This is basically a blanket hold to
ing disorders. And they are not nearly ator from Hawaii. stop the government from functioning,
as good at this as the 14- and 15-year- UNANIMOUS CONSENT AGREEMENT to stop the infrastructure bill from
olds who are on this platform are at Mr. SCHATZ. I ask unanimous con- being implemented. And nobody wins
ctelli on DSK11ZRN23PROD with SENATE
finding this content. sent that, at 6:15 p.m., all postcloture here. We don’t win passing a huge bill
If they can find this content given time on the House message to accom- and then kneecapping it. And the
half a minute and a decent internet pany S. 610 be expired; that the motion American people who sent us here to
connection, then why can’t Instagram to concur with amendment be with- serve certainly don’t win.
find this? Why do they continue to drawn; that if cloture is invoked on the So let us do our job and move these
deny that it is there? Koh nomination, the Senate vote im- nominees forward. And so, therefore, I
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December 9, 2021 CONGRESSIONAL RECORD — SENATE S9079
ask unanimous consent that notwith- through an expedited process here in cially for children. Their health suf-
standing rule XXII, the Senate proceed the Senate. fers. They may get pulled out of their
to executive session to consider the fol- This isn’t personal. It is about ac- school to go to a different school. They
lowing nominations: Executive cal- countability for Florida families. may have to give up their pet because
endar Nos. 468 and 469; that the nomi- Therefore, Mr. President, I object. the pet costs too much money. You
nations be confirmed; the motions to The PRESIDING OFFICER. The ob- can’t bring them to a new apartment.
reconsider be considered made and laid jection is heard. They don’t feel stable. It is much hard-
upon the table with no intervening ac- The PRESIDING OFFICER. The Sen- er for their parents to get back to work
tion or debate; that no further motions ator from Ohio. using public transportation, if they are
be in order the nominations; that any TRIBUTE TO JUDGE PATRICK CARROLL even served, and to earn a living.
related statements be printed in the Mr. BROWN. Mr. President, I rise—I As all of us know, when people are
Record; and that the President be im- want to thank Senator SCHATZ for evicted, they end up in crowded shel-
mediately notified of the Senate’s ac- making that motion and his fight for ters or moving in with family. It
tion, and that the Senate resume legis- these nominees to get the government makes them more vulnerable to
lative session. running, when the chairman of the coronavirus. It makes it more likely to
The PRESIDING OFFICER. Is there Senate Republican Campaign Com- spread, especially among people who
objection? mittee and others continue to block are not vaccinated.
The Senator from Florida. one nominee after another nominee We know that 90 percent of the hos-
Mr. SCOTT of Florida. Mr. President, after another nominee. pitalizations—whether it is Columbus,
reserving the right to object. I rise to honor an Ohio public servant GA, or Columbus, OH—90 percent of pa-
I am sure my colleague is aware that, who is retiring this month after 32 tients in hospitals with COVID are
last month, I sent a letter to the Com- years of service on the bench in North- unvaccinated.
merce Committee—a committee on east Ohio. Finding another place to rent after
which we both serve—informing the Judge Patrick Carroll, whom I knew an eviction is much, much harder.
chair that I would be holding all De- After we passed the American Rescue
30 years ago before he was on the
partment of Transportation and De- Plan, not enough people knew help was
bench, as a—just a good citizen of Cuy-
partment of Commerce nominees until available to them. That is where Judge
ahoga County, has dedicated his life to
the Senate-confirmed leadership from Carroll came in. That is where Chief
serving Ohioans, including serving as
these Agencies testify about the supply Justice O’Connor came in. The work
Lakewood Municipal Court Judge for
they have done to divert eviction pro-
chain crisis. some three decades.
Right now, there are nearly 100 ships ceedings and connect people with help
He grew up in Northeast Ohio. Judge
waiting to dock in California ports to is literally lifesaving for many.
Carroll spent his life in the commu- He taught courses to the State judi-
unload their goods, but they are unable nity, from Cleveland State to the ciary on eviction law. He worked with
to do so because of President Biden’s Cleveland-Marshall College of Law, to tenants and landlords to divert evic-
supply chain crisis. Christmas is just a the county prosecutor’s office, to the tion proceedings. Judges can work to
couple weeks away, and families and local bench. connect both renters and landlords
businesses are facing empty shelves, He not only served the public in the with the help available to them.
shortages on goods, and higher prices. courtroom, he has been a lifelong Ohio leads the way because of Judge
And, so far, Secretary Raimondo and teacher—by many different defini- Carroll and because of Chief Justice
Secretary Buttigieg have been too busy tions—mentoring young attorneys and O’Connor in preventing evictions and
playing TV commentator to actually judges at his law school and then on connecting people with their potential
go to California and solve the problem. the faculty of the Ohio Judicial Col- emergency rental assistance. These ac-
It is long past time for the Biden ad- lege. tions by the judges encourage them
ministration to tell us what they are Twice in the last 3 years, Judge Car- to—tenants to explore all rental assist-
actually doing to solve this crisis and roll received the President’s Award for ance options before the judge proceeds
help American families. Judicial Excellence from the Associa- with an eviction case.
I appreciate my colleague’s partner- tion of Municipal and County Court Since the start of the pandemic,
ship with me on the issues under the Judges of Ohio. more than 1,000 households in Lake-
purview of the Commerce Committee. I had the privilege of joining him ear- wood, OH, a suburb west of Cleveland,
In fact, I am looking forward to next lier this fall, along with Ohio Supreme have been connected with some form of
week, when the bill we are putting to- Court Chief Justice Maureen O’Connor, rental help—more than 1,000 house-
gether will be considered during a for a bipartisan event of highlighting holds. That is because of the work that
Commerce markup hearing. the innovative work that they were Judge Carroll did and the work that
Given that we will be in session next both doing. Justice O’Connor has done around the
week, I would urge my colleagues to Judge Carroll—the innovative work State. It is the kind of success we want
join me in urging leadership from the that they have done preventing evic- to see replicated in Ohio and across the
Commerce and Transportation Depart- tions during the pandemic helped get country.
ments that come before the committee the word out to more Ohio judges In September, Judge Carroll told us
and testify on what those Agencies are about what they can do to connect that judges need to ‘‘recognize eviction
doing to combat and mitigate the sup- Ohio with the emergency rental assist- cases are more than civil cases for dis-
ply chain crisis that is hurting so ance that we provided back months ago position. An eviction order impacts a
many families and businesses in Flor- from the Congress. person’s life, home and property, and in
ida and across the country. In the American Rescue Plan, we pro- many cases, the lives of children who
This isn’t an unreasonable request. vided grants to State and local govern- are uprooted from school when forced
The Senate has oversight authority, ments for emergency rental and utility to move.’’
and we can’t allow Agency leadership assistance to families across the coun- He is a judge that—as President Lin-
to just ignore their responsibility to try. The last thing we wanted was a coln used to tell his staff, I have got to
report to us on these issues impacting wave of evictions during the health cri- leave the White House and go out and
our constituents. sis. We know people move in with fam- get my public opinion bath. That is
But if that is too much to ask, I am ily members, the COVID spreads even what Judge Carroll as a judge does. It
inviting Secretary Raimondo and Sec- faster. We know that happened too is not necessarily something most
retary Buttigieg to even just have an often. judges do, but when he does that, he
ctelli on DSK11ZRN23PROD with SENATE
open, public meeting with me and my This eviction prevention effort was a finds out what he can do as a judge to
colleagues. But until we hear from Sen- lifeline for so many families that that prevent families from being evicted.
ate-confirmed officials responsible for might have happened to. We need more judges in Ohio and
this crisis in the Commerce committee, We know what it does to families around the country to follow his lead
I will be objecting to all Commerce and even during normal times. Think about in a final push to get rental assistance
Transportation nominees going the upheaval that that causes, espe- to Americans in need.
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S9080 CONGRESSIONAL RECORD — SENATE December 9, 2021
The Biden administration has worked Second, I have had the chance to get of Lucy H. Koh to serve as a judge on
throughout the year with us on evic- to know Ms. Sung personally since her the U.S. Court of Appeals for the Ninth
tion—on help for evictions, on emer- nomination, and what struck me is we Circuit.
gency rental assistance, cutting red- both have a family story that is only Judge Koh is a highly respected
tape, encouraging State and local gov- possible here in our great country. member of the Federal judiciary and
ernments to move faster to get this Members of her family fled political has served California well throughout
help to families and landlords. That persecution and violence in China in her career. She would be a welcome ad-
work has delivered impressive results. the 1940s—the Wydens fled the terror or dition to the Ninth Circuit bench.
More than 520,000 renters received Nazis just a few years earlier—and they I have long supported Judge Koh and
emergency rental assistance in October barely spoke any English when they ar- am pleased that the Senate will soon
alone. rived here in their new home. be considering her nomination. I rec-
It means those families were able to Our country provided safety and op- ommended Judge Koh for a seat on the
keep their homes, keep their lights on portunity for my family and for Ms. Ninth Circuit back in 2016 and was
in October, work to get back on their Sung’s family. And I have always found pleased that President Obama nomi-
feet, and recover from the pandemic. that so many who have that family nated her at that time. And I was dis-
In total, more than 21⁄2 million pay- story take a special interest in pro- appointed that she did not receive a
ments have gone out to tenants and tecting the rights and the freedoms vote on the Senate floor, even though
landlords. Now, with the end of the Americans enjoy. That has been a hall- she received strong bipartisan support
year approaching, we need that final mark of Ms. Sung’s legal career, and it in the Judiciary Committee, which fa-
push to get funding to the renters and is something, in my view, that all Sen- vorably reported her nomination.
the landlords who need it. ators ought to support. I am pleased that Judge Koh was
As Judge Carroll prepares for a well- So I am proud to describe my South- among the first circuit court nominees
earned retirement, it is my hope that east Portland neighbor, Jennifer Sung, announced by President Biden earlier
this will be an important part of his as a talented, committed individual this year. Her credentials are undeni-
legacy—of the work Chief Justice ably impressive. She received her un-
who will be a great asset on the bench.
O’Connor does and the work that they dergraduate degree from Harvard Col-
She is going to be a superb judge.
do in Ohio and we can do around the I urge all my colleagues to support lege in 1990, and her law degree from
country—as an example to public serv- Harvard Law School in 1993.
Jennifer Sung when we vote soon on
ants in Ohio and all over the United Judge Koh spent several years early
President Biden’s nomination, Orego-
States, showing how we can keep a roof in her career in public service, first as
nian Jennifer Sung, to serve on the
over families’ heads, allow landlords to a legal fellow on the Senate Judiciary
U.S. Court of Appeals for the Ninth
pay their bills, and emerge stronger Committee’s Immigration Sub-
Circuit.
from this pandemic. committee and then with the Depart-
I urge my colleagues—ask them to I yield the floor.
I suggest the absence of a quorum. ment of Justice. Among her achieve-
join me in honoring Judge Patrick Car-
The PRESIDING OFFICER. The ments while at the Justice Depart-
roll and a lifetime of service to the
clerk will call the roll. ment, Judge Koh received an award
people of my great State.
The PRESIDING OFFICER. The Sen- The legislative clerk proceeded to from the FBI for ‘‘Demonstrated Excel-
ator from Oregon. call the roll. lence in Prosecuting a Major Fraud
Mr. LEE. Mr. President, I ask unani- Case.’’
NOMINATION OF JENNIFER SUNG
mous consent that the order for the She then brought her skills to the
Mr. WYDEN. Mr. President, the Sen-
quorum call be rescinded. private sector, spending nearly a dec-
ate will soon vote on President Biden’s
The PRESIDING OFFICER. Without ade in private practice in Palo Alto,
nomination of my neighbor and fellow
objection, it is so ordered. CA, where she became a distinguished
Oregonian, Jennifer Sung, to serve on
The Senator from Utah. intellectual property lawyer working
the U.S. Court of Appeals for the Ninth
Circuit. DEBT CEILING on patent, trade secret, and commer-
I guess I ought to save everybody Mr. LEE. Mr. President, the Senate, cial civil litigation. In 2008, she was ap-
some suspense. I am proud to support today, will pass a bill that, quite lit- pointed by California’s then-Governor
her nomination, and I just want to erally, gives a blank check to Presi- Arnold Schwarzenegger, a Republican,
take a few minutes to talk about why dent Biden and the Democrats. They to serve as a judge on the California
she deserves the support of all Sen- will use it to pass the ‘‘destroy Amer- Superior Court for Santa Clara County.
ators. ica bill,’’ which they call Build Back In 2010, President Obama nominated
First, with respect to her qualifica- Better. her to serve as a Federal district judge
tions, Ms. Sung is a graduate of Oberlin There is literally a blank check in on the U.S. District Court for the
College and Yale Law School. As a stu- the bill. It is literally a blank check. Northern District of California. The
dent, she volunteered to represent low- The Senators who gave that blank Senate voted unanimously, 90 to 0, to
income patients at a local hospital. As check don’t want you to know that confirm her to that position. She has
a legal fellow at the Brennan Center they did it. They used procedural jiu- served with distinction as a Federal
for Justice, she fought on behalf of jitsu to hide their votes. Republicans district judge for more than a decade.
workers who toiled in poor conditions are hiding behind Democrats, and Judge Koh has excelled throughout
for little pay. In private practice, she Democrats are hiding behind Repub- her career as a Federal prosecutor, in
defended the rights of all people in our licans, but the American people see private practice, and as both a state
country to work in safe and fair condi- through it. and Federal judge. I have no doubt that
tions, to get the healthcare they need, They closed the doors, held their she will continue to excel if she is con-
and to freely exercise their constitu- noses, and created a new way to pass firmed to the Ninth Circuit.
tional rights. bad bills and claimed that it was just Judge Koh has received bipartisan
Currently, Ms. Sung serves as a mem- this one time. support each time her nomination has
ber of Oregon’s Employment Relations Mark my words: This bill will be one come before the Senate, including a bi-
Board. That is the board that adju- more tool repeatedly used to abuse the partisan vote earlier this year in the
dicates disputes over labor practices American people. Judiciary Committee. I urge all of my
and employment law. She has decided This debt ceiling increase is a blank colleagues to support her nomination.
more than 200 cases in that role. She check for the Democrats’ reckless tax- The PRESIDING OFFICER. The Sen-
has proven her impartiality, which I and-spending bill. It should have never ator from Iowa.
ctelli on DSK11ZRN23PROD with SENATE
think we all understand is fundamental happened. Mr. RISCH. Mr. President, I ask
to what we need in a justice. And she f unanimous consent that all remaining
has certainly shown her diligence and time be yielded back.
her commitment to justice. Her quali- NOMINATION OF LUCY H. KOH The PRESIDING OFFICER. Is there
fications, in my view, simply cannot be Mrs. FEINSTEIN. Mr. President, I objection?
questioned. rise today in support of the nomination Without objection, it is so ordered.
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