Congressional Record, Senate, January 13, 2022 — Nord Stream 2 Sanctions Bill S. 3436
Summary
This is S198 and S199 of the Congressional Record, Senate, January 13, 2022, with interleaved columns. After remarks on tornado recovery in Western Kentucky and a closing statement on Russia and Ukraine, the Senate proceeds to S. 3436, a bill requiring sanctions on entities responsible for Nord Stream 2. A supporting speaker says it is a long-term threat to the energy security of Europe, while Mrs. Shaheen and Mr. Murphy argue against the bill and for Mr. Menendez's alternative. Mrs. Shaheen says Russia has amassed more than 100,000 troops on Ukraine's border, with the views attributed to the speakers.
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“Congressional Record, Senate, January 13, 2022 — Nord Stream 2 Sanctions Bill S. 3436.”
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S198 CONGRESSIONAL RECORD — SENATE January 13, 2022
week, I will again travel to Western terring Russian aggression and pre- ago by Senator MCCONNELL about the
Kentucky to visit some of the areas hit paring for the very real threat of a threat that Russia poses to Ukraine
hardest by last month’s devastating major war on the European Continent and to Eastern Europe and the role
tornado outbreak. The national news will take far more than these sanc- that Nord Stream 2 plays in that crit-
cameras may have left, but families in tions. ical issue.
this part of the Commonwealth are It will take urgency and seriousness I have been a strong and long-
still trying to pick up the pieces of from the administration. Time is of the standing opponent of Nord Stream 2. I
their lives after losing homes, busi- essence. Our delays in getting emer- believe now what I believed at the time
nesses, and loved ones. gency assistance to Ukraine approved that I originally cosponsored the Nord
I am profoundly grateful to everyone do not inspire much confidence. Stream 2 sanctions bill with Senator
contributing to the recovery process. The administration cannot move at CRUZ; that the Nord Stream 2 Pipeline
Our utility workers are taking on the the speed of bureaucracy. That won’t is a long-term threat to the energy se-
herculean task of restoring public serv- cut it. Humanitarian and military sup- curity of Europe.
ices. The Kentucky National Guard has port to Ukraine cannot wait. Rein- But right now we are in a different
played a crucial role in distributing forcing American and NATO positions place on this, and while Senator CRUZ
supplies. Private individuals have do- in Europe cannot wait. and I worked together on sanctions leg-
nated food, clothing, and blood. We must not pull our punches out of islation to stop this pipeline, my dis-
The Kentucky General Assembly just some fear of provoking Putin. What agreement now with Senator CRUZ is in
approved a State-funded relief package, will encourage Putin is if he senses his approach to what we need to do to
and Kentucky’s entire Federal delega- American weakness. Ukraine and our address what is right now a much more
tion joined together to advocate di- eastern flank NATO allies deserve our serious threat to Europe, to NATO, to
rectly for increased Federal aid. support. the transatlantic alliance, and that is
This is going to be a long process. It They are on the frontlines of a much Russia’s threat against Ukraine.
will require consistent support on the broader war that Russia and China are And what Senator CRUZ’s bill would
local, State, and Federal levels. Re- conducting against the democratic do is not stop Nord Stream 2; it would
building will take literally months and international order itself. This order undermine the current diplomatic situ-
years—not days and weeks. helps America. It benefits our national ation that is absolutely critical if we
Well, I will be with these commu- interests, and it benefits our allies, but are going to respond to the Russian
nities every step of the way. it is not going to enforce itself. It will threat.
Finally, beyond our shores, there re- not defend itself. And our allies will His bill is a vote—supporting his bill
mains no shortage of forces that wish not act if America fails to lead. would be a vote to compromise the
to harm America and our interests. Our Nation’s contest with China and transatlantic community. It is a vote
Senators will vote today on a measure Russia is the biggest challenge we face. that breaks the message of bipartisan
to impose sanctions on Nord Stream 2. It will entail significant risks and per- support in the face of Russian aggres-
We can send a strong warning to Putin haps, God forbid, serious sacrifice. sion and, furthermore, not just bipar-
that he won’t be allowed to use energy Meeting these challenges and pre- tisan support but allied support with
as a weapon. We can signal strong sup- venting the worst will take the kind of the United States and Germany and
port for Eastern and Central European unity and bipartisanship that Presi- Western Europe against the threat that
partners that have long opposed dent Biden promised—not the out- Russia poses to Ukraine and really to
Putin’s pipeline. rageous—outrageous—and divisive par- Eastern Germany if they take this ac-
Even Democratic Senators who now tisanship he has embraced. tion.
oppose the sanctions they used to sup- f The dynamics on Nord Stream 2 have
port acknowledge the pipeline is ‘‘a changed since Senator CRUZ and I
CONCLUSION OF MORNING
tool of malign influence of the Russian fought for the passage of legislation to
BUSINESS
Federation.’’ prevent the completion of that pipe-
Really, the Government of Germany The PRESIDING OFFICER. Morning line. At the time, we worked together
should have shelved this project itself a business is closed. to provide the Trump administration
long time ago. Berlin can still make f with critical tools to sanction this
the right call. LEGISLATIVE SESSION pipeline, and we did that because there
These sanctions, like the prior Nord were some members of the Trump ad-
Stream 2 sanctions that had over- --- ministration who came to us and said:
whelming bipartisan support here in PROTECTING EUROPE’S ENERGY We need this legislation because the
Congress, are not about driving a SECURITY IMPLEMENTATION ACT administration has not acted.
wedge in Europe. The pipeline itself is The PRESIDING OFFICER. Under And the fact is, 95 percent of the con-
the wedge. That is the whole point. the previous order, the Senate will pro- struction of the Nord Stream 2 Pipeline
That has been Putin’s goal—decoupling ceed to consideration of S. 3436, which was completed during the Trump years.
Ukraine from Europe and making Eu- the clerk will report. Unfortunately, the Trump administra-
rope even more reliant on Russian gas. The senior assistant legislative clerk tion, even after we passed that sanc-
So for Senators who seem more con- read as follows: tions legislation, sat on those sanc-
cerned about standing with Berlin than tions.
A bill (S.3436) to require the imposition of
with Kiev, this bill includes a waiver. sanctions with respect to entities responsible They waited until literally the last
We expect President Biden would actu- for the planning, construction, or operation day of the Trump administration to
ally exercise the waiver. of the Nord Stream 2 pipeline and their cor- sanction just one entity, just one enti-
But a clear bipartisan message would porate officers and to apply congressional re- ty in 4 years. And so what we saw is
still be sent, just like when 98 Senators view under the Countering America’s Adver- what I just said; that 95 percent of that
voted to enact CAATSA in 2017, just saries Through Sanctions Act to the removal pipeline was completed during the
like when Democrats signed off on the of sanctions relating to Nord Stream 2, and Trump years.
previous bill to sanction Nord Stream 2 for other purposes. Now, we are in a very different situa-
in the 2020 NDAA. The PRESIDING OFFICER. The Sen- tion right now, unfortunately, because
So I hope each of our colleagues will ator from New Hampshire. we are in a situation where Russia is
support Senator CRUZ’s measure. The S. 3436 threatening Ukraine, and we need to
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Senate must show we are focused on Mrs. SHAHEEN. Madam President, I work closely with our European allies
real-life threats to democracy, to secu- come to the floor today to speak in op- to present a united front against Rus-
rity, and to our friends. position to S. 3436, which is the Nord sia.
As we speak, Russia is literally pre- Stream 2’s sanctions bill sponsored by We have strengthened our relation-
paring to escalate its military assault Senator CRUZ. ship with our German allies. The Biden
on Ukraine. It has amassed more than I certainly share the concerns that administration has restored a diplo-
100,000 troops on Ukraine’s border. De- have been expressed just a few minutes macy-first foreign policy, which seeks
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January 13, 2022 CONGRESSIONAL RECORD — SENATE S199
to advance American policy interests of Ukraine, and we need to do every- So, apparently, many Republicans
through dialogue and not through thing possible, work as closely as pos- are supporting the Cruz bill but then
threats. sible, show no daylight with our allies are going to be asking the Biden ad-
There is a new German coalition gov- in standing up to that threat. Unfortu- ministration to not implement it. That
ernment in place that we are now en- nately, what Senator CRUZ is proposing doesn’t seem to make a lot of sense.
gaging with. It is a government that with the Nord Stream 2 sanctions legis- The primary impact of this bill, as
appears to be more skeptical about the lation would do exactly that. It would Senator SHAHEEN explained, is to di-
Nord Stream 2 Pipeline. They have drive a wedge between us and our al- vide us from Germany. Why is that?
paused certification of the pipeline and lies, particularly between the United Because we know that the only way to
stalled its operation until at least later States and Germany, at a time that we stop Nord Stream 2 is by convincing
this year, and the new government has cannot afford it. the Germans and other Europeans to
indicated that this pipeline is not just So I intend to vote against this legis- stop the project.
an economic project. lation and support Senator MENENDEZ’s Now, we have, for the first time since
So it is very clear that the dynamics legislation that will give us the tools we began talking to the Germans about
have changed, and when the dynamics we need to continue to address poten- this, convinced them to press pause—
change on the ground, then our ap- tial Russian aggression. the first time the German Government
proach and our foreign policy should I yield the floor and look forward to has decided to press pause through
reflect those changes. We can’t look at hearing Senator MURPHY’s comments their regulatory agencies. They have
this legislation in isolation. because I know he shares the same con- stopped the certification of the pipe-
This legislation that Senator CRUZ is cerns that I am expressing. line, which, by the way, is built. It was
proposing that we are going to be vot- The PRESIDING OFFICER. The Sen- 95 percent built when President Trump
ing on today is coming at a time when ator from Connecticut. left office. He let it be constructed—95
the administration is exhausting every Mr. MURPHY. Madam President,
percent built. It is now 100 percent
single diplomatic avenue to deter first and foremost, let me thank Sen-
built.
Putin from further violating Ukraine’s ator SHAHEEN. She has been a leader in But the Germans have, because of
territorial integrity. the Senate and in our caucus on raising American diplomacy and because of
Russia has amassed over 100,000 alarms about the danger of Nord the threat of invasion of Ukraine from
troops on Ukraine’s border, and, of Stream 2 to European security and
Russia, pressed pause on this project.
course, the next month or so is really Ukrainian security. I have been so glad
It can’t start until the summer or the
going to be critical in changing Putin’s to work with her over these past sev-
fall, and, frankly, that time allows us
calculation that any invasion would eral years, and I am here on the floor
to continue to engage with the Ger-
come with a hefty price. to join her in our strong opposition to
mans and others to try to convince
Nord Stream 2 right now presents a the legislation that is pending on the
them that this project is not in their
potential incentive for Putin to use floor as we speak.
If this bill passes, it won’t make the interest.
against our European partners, but it So think about this from the German
Nord Stream Pipeline any less likely.
is also leverage. It is leverage that the perspective. They finally said yes to
It won’t stop Russia from invading
West can use at a pivotal moment as the United States, and the minute they
Ukraine. In fact, it will do the exact
Russia is thinking about—Vladimir say yes is the minute the U.S. Senate
opposite. It will make the completion
Putin is thinking about what he is of Nord Stream more likely, and it will decides to sanction German citizens.
going to do in Ukraine. be a gift to Russia, dividing us from That is bad diplomacy. It is just bad di-
So I believe we need to stop this pipe- plomacy. It is a moment at which we
our European allies right at the mo-
line long term, and there may be a have to be in lockstep with our Euro-
ment when we need to be in solidarity
time in the future when another with them in order to deter Russian ag- pean partners. We need to be sending a
change in our approach on the pipeline gression. message to Vladimir Putin that the
may be necessary. As we know, that I will try not to repeat too much of United States and Europe are together
happens with foreign policy. We don’t what Senator SHAHEEN has said, but let and that we are going to deliver a
live in a static world; it is dynamic, me just underscore the points she has crushing package of sanctions if you
and it demands that we adopt our re- made. enter Ukraine any further.
sponses. First, the sanctions in this bill are, This would be a gift to Vladimir
I have joined Senator MENENDEZ and unfortunately, pretty feckless. They Putin because it is a signal of division
38 Democrats in introducing the De- are feckless because they can be un- at a moment when we need to be stand-
fending Ukraine Sovereignty Act of done easily, within 30 to 60 days, by the ing together.
2022, legislation that does reflect the Russian Government. Senator MENENDEZ has the right ap-
reality on the ground, that would im- The reality is, if we don’t convince proach. Senator MENENDEZ has pro-
pose swift and crippling sanctions on our European partners to stop moving posed a bill which I think can draw
Russia’s economy if Putin decides to forward with this project, there is no support from 90 percent of this body
invade. It would provide critical addi- amount of U.S. sanction that can be ef- that enacts a set of sanctions on Russia
tional military support to our Ukrain- fective here. What we know is that if Russia moves any farther into
ian allies, and it would strengthen sup- even if you were to sanction this Ger- Ukraine beyond where they are already
port to our Eastern European allies in man-Swiss company, the German board in eastern Ukraine and Crimea. That
the face of Putin’s attempt to look of directors, in a matter of days, sends the right signal. That is an effec-
backward, not forward. weeks, maybe a few months, the Rus- tive message of consequence rather
We are not going to give Vladimir sians could reengineer the financing than this proposal, which apparently is
Putin and Russia the ability to veto and the administration of the project a set of sanctions Republicans are
who joins NATO. We saw that very to keep it going. going to ask to be waived and divides
clearly at the session yesterday with Even more interesting to me is what us from our partners at a moment
Russian and NATO officials. Russia Senator MCCONNELL just said. Senator when we need to be together.
didn’t like it because they didn’t get MCCONNELL just came to floor and said Lastly, I want to address one par-
the answer they wanted, which was a that while he supports Senator CRUZ’s ticular point that I have heard Senator
veto over who should be able to join proposal, he expects that the Biden ad- CRUZ make over and over and over
NATO. ministration will waive the sanctions. again in defense of his proposal.
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We are going to continue to take a So then why are we engaging in this in Senator CRUZ says that the construc-
strong stand with our allies in opposi- the first place if Republicans are going tion of the pipeline stopped when Con-
tion to what Russia is doing, but we to support the waiving of the sanc- gress passed the Nord Stream sanctions
can’t use yesterday’s solutions to help tions? Because the sanctions would in- and didn’t begin again until Joe Biden
us solve today’s problems. The imme- terrupt our negotiations with Ger- became President. I have seen that re-
diate threat that we are facing right many, why pass the bill in the first peated in the press, and it just isn’t
now is the threat of a Russian invasion place? true.
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S200 CONGRESSIONAL RECORD — SENATE January 13, 2022
One company that was laying the the chances that the United States sian ships did the work themselves, and
pipeline backed out of the project when won’t have the personnel on hand to throughout the last year of the Trump
the 2019 sanctions bill was passed, but deal with a crisis somewhere around administration, they refused to take
then guess what happened. Russia the world when it develops and that any action to address that. In fact, I
started retrofitting other ships to fin- that failure may hurt Joe Biden’s ap- remember being in a meeting—I can’t
ish the job, and the minute they were proval rating. Unfortunately, I think remember if you were in that meeting
permitted, construction began again— that is what is going on here. Unfortu- or not—with Senator CRUZ and some of
not when Joe Biden was President; nately, I think that is what is going on our Republican colleagues and a mem-
when Donald Trump was President. here, and I hope that my colleagues see ber of the administration urging us to
The ships were ready in May of 2020, it. pass another sanctions bill because the
before Joe Biden was even nominated, I yield the floor. administration had not acted.
and they started work a few months The PRESIDING OFFICER (Mr. So I think it is really important, as
later, as soon as the Danish Govern- BOOKER). The Senator from New Hamp- you say, to point out that 95 percent of
ment permitted them. shire. that pipeline was done under the pre-
Now, Senator SHAHEEN and Senator Mrs. SHAHEEN. Would my colleague vious administration when Senator
CRUZ had passed a sanctions bill with yield for a question? CRUZ and our colleagues who would
all of our support at the end of 2019. Mr. MURPHY. I would. like to stop the pipeline had the oppor-
During all of 2020, while the Russians Mrs. SHAHEEN. Senator MURPHY, I tunity to hold up his nominees to raise
were retrofitting these ships, while am really pleased—sadly pleased, but I those concerns, and that did not hap-
they were sending them back to Danish think it is really appropriate that you pen. That puts us at a disadvantage
waters, while the permitting process brought up the issue about holding today as we look at the threat of Nord
was happening, Donald Trump didn’t State Department nominees, because Stream. Would you agree with that?
enact one sanction that was permitted one of the things that have been unfor- Mr. MURPHY. I would.
by Congress. tunate about Senator CRUZ’s approach If you don’t mind, Senator SHAHEEN,
Congress passed a law at the end of to Nord Stream 2 in recent weeks has I will just go through the timeline once
2019. In all of 2020, Donald Trump didn’t not just been his holding up of nomi- again because I think it is important.
enact a single sanction. This was the nees but has been his suggestion that In December of 2019, Congress passed
critical moment. This was the time in the change in response on my part and the sanctions bill that you and Senator
on others’ who oppose Nord Stream 2 CRUZ championed. That stops Allseas,
which the meat of the pipeline was
has been partisan. the private company, from con-
being built. President Trump did noth-
But, as you point out, during all of structing the pipeline.
ing, and he paid no consequence for it. They pull back, but immediately
Do you know why? Because in 2020, the Trump administration, Senator
Russia starts retrofitting their own
Senator CRUZ didn’t hold up any of CRUZ did not hold one nominee because
ships, and we knew it. We saw it. This
Donald Trump’s State Department of Nord Stream 2. Is that your under-
wasn’t secret. That happens from the
nominees when Trump was refusing to standing?
beginning of 2020, and by May of 2020,
implement sanctions, when the Rus- Mr. MURPHY. That is my under-
those ships are on their way.
sians sent ships that started showing standing. My understanding is that From May until October, they are
up to restart construction, not even there may have been private advocacy caught up in permitting, but it is just
when construction restarted in the fall or public speeches given but that there a matter of time. Everybody knows
of 2020—nope. During this time, all of certainly wasn’t the tactic used that those ships are eventually going to
Trump’s State Department nominees had been used during 2020, which is ex- start laying down pipe.
sailed through without a single Repub- traordinary, the holding of all nomi- By October of 2020, before Joe Biden
lican objection or blockade. nees. is elected President, those ships are
On Trump’s last day in office, his last I think I would add to that that back doing construction.
day, literally as he was packing up the Democratic Senators have not used In October, November, December, all
Oval Office, January 19, he sanctioned that tactic. We had huge disagreements throughout the end of 2020, those ships
one ship and the company that owned with President Trump’s policy, includ- are back rebuilding the pipeline, such
the ship—essentially a signal of how ing his failure to use sanctions that that on January 19, the last day of
little he cared. On the day he was leav- were given to him by Congress to stop Trump’s Presidency, 95 percent of the
ing, he sanctioned one ship and the the pipeline at the moment when those pipeline—somewhere around 95 percent
company that owned the ship, but by sanctions would have been most effec- of the pipeline—is done.
this time, 95 percent of the pipeline tive, but we didn’t block all of Presi- Then literally walking out the door,
was complete. It was too late. Then he dent Trump’s Ambassadors and State Donald Trump lays down a sanction on
begrudgingly hands over the keys to Department personnel because we one company and one ship that the
the Oval Office to Joe Biden and leaves thought that it was better to have company owns.
the incoming President with a mess—a those people on hand, working to pro- All through 2020, there was no block-
pipeline 95 percent built that Donald tect U.S. interests, than it was to have ade of State Department nominees, no
Trump could have stopped if he had those positions vacant. grinding to a halt of Senate nomina-
used the sanctions he was given. That is the case we have been trying tions business to try to prompt the
So you can understand why some of to make on this floor, that if you real- President to change his mind. All of
us wonder what the motivation is be- ly care about helping Ukraine, why did that magically starts happening when
hind Senator CRUZ’s extraordinary tac- Senator CRUZ spend all of 2020 blocking Joe Biden is President, when 95 percent
tics now when the pipeline is already the Ambassadors and State Depart- of the pipeline is done.
built. It seems that the difference be- ment personnel whose job it would I hope, Senator SHAHEEN—and I will
tween 2020 and 2021 is essentially that have been to help Ukraine? let you wrap up—I hope that we can
now there is a Democrat in the White No one has been more engaged on find a way to get on the same page here
House. this question and this fight than you because we have been for much of the
This bill isn’t going to help Ukraine. have, Senator SHAHEEN. last several years, and you have led
It is designed to hurt the President of Mrs. SHAHEEN. Well, I think the that effort.
the United States. Unfortunately, other important point that we both I think Senator MENENDEZ’s legisla-
some—not all—not all but some of our made is the fact that what stopped tion, which is all about the right set of
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Republican colleagues here have con- policies and the pipeline when the first incentives and disincentives for Rus-
sistently put their desire to politically sanctions bill was passed was the sian behavior, is perhaps the means
harm President Biden ahead of their threat of sanctions; it wasn’t actually that we can sort of elevate this above
desire to protect the Nation, holding implementing those sanctions. In fact, the question of who is President and
up the confirmation of President it was then Russia’s ability to come get back to fighting for the interests of
Biden’s nominees. It doesn’t help the back in, retrofit ships, and do the work our Nation and the interests of our
security of the Nation; it just increases themselves, Gazprom and Russia. Rus- partners in Ukraine.
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January 13, 2022 CONGRESSIONAL RECORD — SENATE S201
Mrs. SHAHEEN. Thank you, Senator is—all of a sudden, this issue has be- bors and that the American Govern-
MURPHY. I couldn’t have said anything come a relevant one. ment, in concert with our allies in this
better. Well, it has always been a relevant region, send a very strong statement
I yield the floor. one. Defending and supporting people with respect to that particular issue.
I suggest the absence of a quorum. in Ukraine and making sure they have So I hope that we get a good, strong
The PRESIDING OFFICER. The a democratic government that allows vote this afternoon and that it won’t be
clerk will call the roll. for self-rule is something that I think a party-line vote. It is at 60, meaning it
The senior assistant legislative clerk all of us in this country want to see will take some Democrats to vote with
proceeded to call the roll. happen. Republicans. But I can’t think of a
Mr. THUNE. Mr. President, I ask But I think one of the reasons it has time when the stakes have been higher
unanimous consent that the order for come to a head is because last year— for the people of Ukraine or, frankly,
the quorum call be rescinded. not last year but 2 years ago, the pre- for that matter, for that region in its
The PRESIDING OFFICER. Without vious administration—the Senators entirety.
objection, it is so ordered. from New Hampshire and Connecticut INFLATION
Mr. THUNE. Mr. President, just a were going after Senator CRUZ and Mr. President, I want to shift gears
quick observation or two about what other Republicans for not paying at- now, if I might. Yesterday, we learned
my colleagues from New Hampshire tention to this issue a long time ago. that in December, inflation hit its
and Connecticut were just speaking to, We have been paying attention to it highest level in 40 years—40 years. In-
and that is the issue of the Nord for a long time, but one thing that has flation reached 7 percent in December,
Stream 2 Pipeline. I intend to talk intensified that attention is the fact the seventh straight month that infla-
about another subject, but as I was lis- that the Russians now have tens of tion has been over 5 percent. Today, we
tening to their dialogue on that sub- thousands of troops on Ukraine’s bor- discovered that year-over-year infla-
ject, there were a couple of things that der. That is a new issue and an issue tion for domestically produced goods
I thought were important to respond that I think demands the attention of increased even more, by a massive 9.7
to. this body, our country, our govern- percent.
They had indicated that there is a ment, our State Department, and the Americans are struggling under steep
bill offered by Senator MENENDEZ on American military, in conjunction increases in grocery prices, fuel prices,
their side of the aisle that they with our allies in that region. utility prices, and the list goes on. De-
thought would get 90-plus votes here in This is a critical time. It is very im- spite wage increases in 2021, American
the U.S. Senate. I would say to my col- portant that a strong message be sent. families experienced a de facto pay cut,
leagues on the Democratic side that I am not sure why you would wait until with their purchasing power shrinking
Senator CRUZ, as he was advocating for after the Russians cross the border and thanks to inflation, and there is appar-
a vote on his amendment, offered that occupy Ukraine before you do some- ently no end in sight.
up. He offered up a vote on Menendez thing that might deter that kind of bad Given the real economic harm that
and a vote on his amendment to behavior. American families are suffering as a re-
Menendez, and that was turned down I think the reason they have amassed sult of this crisis, you would think the
by the Democrat leadership. So that the troops they have on the Ukraine issue would be front and center here in
was put forward as an offer by the Sen- border is because they perceive the Washington for Democrats, but you
ator from Texas, Senator CRUZ. change of administration, perhaps a would be wrong. In fact, a lot of the
Just to also make the point—this different view, and, in fact, I think time, inflation doesn’t even seem to
isn’t something that is a new issue for that buildup started in the spring of exist on Democrats’ radar. Democrats
him. He has been advocating on the 2021 under this administration. can’t be bothered to pay attention to a
Nord Stream 2 Pipeline for years. In So just to make the point that the real crisis with real economic con-
fact, there were sanctions put in place vote we will have this afternoon on sequences for American families be-
under the previous administration, Senator CRUZ’s proposal on Nord cause they are too focused on their
which I think had been quite effective. Stream 2 has been a long time in the manufactured voting rights crisis.
With respect to holding State De- making—he has, I think, consistently Earlier this week, President Biden
partment nominees, sometimes around worked this issue, advocated for this traveled to Georgia, which has become
here, you have to get people’s atten- issue in a way that any Senator who is the Democrats’ poster child for the
tion in order to get a vote on some- trying to get a vote around here would. supposed assault on voting rights, to
thing. I mean, he didn’t have to hold I think with respect to why this issue deliver a speech to gin up support for
nominees in the last administration be- is now particularly relevant in light of the Democrats’ partisan election bill,
cause they allowed for a vote. In this our national security interests is the and what a speech it was.
administration, that has not been the fact that the Russians do have literally In the course of his overwrought and
case. He has been trying for literally tens of thousands of troops sitting on bombastic remarks, the President, who
weeks and months. I happened to be Ukraine’s border at a time when the once vowed to bring Americans to-
here in the wee hours of the morning a world is a very dangerous place, and gether, managed to imply that half the
few weeks ago on a Friday evening that region in particular faces consid- country is racist. Never one to let the
when this was being discussed, and we erable peril because of the neighbor- truth get in the way of a good story, he
were waiting for some agreement be- hood in which they live. continued his bizarre habit of falsely
tween him and the Democrat leader- So I would hope that this afternoon claiming that he had been arrested in
ship about giving him a vote on this when this Nord Stream 2 vote comes various situations. He laid out, per-
amendment. Ultimately, when he got up, that it will enjoy broad bipartisan haps, the weakest case for a voting
the vote on his amendment, he turned support recognizing the value and im- rights crisis that you can imagine.
loose 40-some State Department nomi- portance of the message it sends. The President, of course, used Geor-
nees. Also, I might add, because it was also gia’s thoroughly mainstream 2021 elec-
So I think he has in this case played pointed out by the two Senators who tion law as his main example. Here is
fairly, played by the rules in the Sen- were just here, that this is something what he had to say. Here is what the
ate, and exercised the leverage he has that the Ukrainian Government is ask- voting rights crisis amounts to:
as a U.S. Senator to ensure that he got ing us to do. They suggested this was First, according to the President,
a vote on an issue that is critically im- something that isn’t desired or wanted, Georgia is making it harder to vote by
SSpencer on DSK126QN23PROD with SENATE
portant, not only to him and I would and it, in fact, is. Many of us partici- mail. Now, I am guessing he might be
say to this entire body but to our coun- pated in a conference call on Christmas referring to the provision of the Geor-
try and certainly to our allies in that Eve with President Zelensky in which gia law that asks voters to write in
region. he voiced support for this. I think he their driver’s license numbers on their
There is one final point I will make. and his country, his government, and absentee ballots. Given that almost
Everybody, as they were talking about his people realize how important it is every American in this country has a
this, was saying: Wow, you know, this that a message be sent to their neigh- driver’s license or some form of photo
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S202 CONGRESSIONAL RECORD — SENATE January 13, 2022
ID, I have got to say that it doesn’t I mean, I have to give President sults in Virginia, and the fact that just
seem like an unduly burdensome re- Biden credit for delivering that line one-third of the American people ap-
quirement. After all, New York City with a straight face because that is prove of the job the President is doing,
and Washington, DC, are now requiring pretty much the most absurd claim the Democrats have reason to be scared
you to present a photo ID and proof Democrats have made in the course of about their 2022 electoral prospects.
that you have been vaccinated before this debate. The President, of course, is FILIBUSTER
you can enter any restaurant or public referring to the provision of Georgia’s Mr. President, instead of addressing
place, and liberals seem OK with that, election law that prohibits individuals the inflation crisis they helped to cre-
but, apparently, to the President, or organizations from giving food or ate or, perhaps, moving their agenda
Georgia’s measure is Jim Crow 2.0. drinks to voters within 150 feet of a from the far left and closer to the cen-
The President continues by accusing polling place. ter, the Democrat leaders have decided
Georgia of limiting drop boxes. Ballot Now, just for purposes, again, of com- that the solution to improving their
drop boxes have become a bizarre fixa- paring and contrasting, the Democrat electoral chances is to pass a partisan
tion of Democrats engaged in trying to leader’s home State of New York—Sen- Federal takeover of election law and to
persuade Americans that the right to ator SCHUMER’s home State of New break the Senate rules to do it. Appar-
vote is under attack. The truth is that York—has a similar provision pre- ently, they don’t care what damage
Georgia didn’t even use drop boxes venting voters in line from being given they do to the Senate and the country
until the 2020 election and that Geor- anything, including food and water, in the process. If Democrat leaders
gia’s new election law now requires at whose retail value is in excess of $1. have their way, the longstanding pro-
least one drop box in each county is This is the State of New York—the tections for the minority in the Senate
hardly a criminal attempt to restrict State of New York. But people are and the millions upon millions of
drop boxes. But let’s be honest here. blowing a gasket over this provision in Americans the Senate minority rep-
Even if Georgia decided to eliminate Georgia law—the very provision the resents will be swept away in the name
drop boxes entirely and return to its State of New York has in law today. I of, perhaps, improving Democrats’
pre-2020 status quo, Georgians would would argue, in most States, you can’t electoral prospects.
still have ample opportunities to vote. go within a certain number of feet of a Although, I have to say, in the Wash-
Georgia’s new law mandates a min- ington Post Fact Checker about the
voting place if you are a political oper-
imum of 17 days of early voting—17 Georgia law, which, by the way, gave
days—and Georgia provides for no-ex- ative or a political organization. I
mean, that is true in our State, and I the President four Pinocchios—four
cuse absentee voting, which means any Pinocchios, which is pretty much the
Georgia citizen can request an absentee am sure it is true in a lot of States
biggest whopper you can get—for his
ballot for any reason whatsoever. That, around the country. The aim of those
statements last year about this Geor-
of course, is a far more generous voting laws, of course, is to prevent partisan
gia election law, they went on to say
policy than those offered by the Presi- political organizations or candidates
that the analysts who have looked at
dent or the Senate Democrat leader’s from exerting improper pressure on
this—a lot of the analysis has been
home States. The President’s home voters in line.
done by so-called election experts—
State of Delaware doesn’t offer no-ex- Now, nothing in Georgia’s law pre-
think that it will expand—expand—the
cuse absentee voting, and it is just vents partisan political organizations
opportunity for people in Georgia to
starting to offer early voting this from setting up food trucks or lunch
vote.
year—remember, Georgia with 17 days stations outside of the 150-foot radius All of this is disheartening, to say
early voting, no-excuse absentee vot- and feeding voters to their hearts con- the least, because I think we all know
ing. Similarly, the Democrat leader’s tent—150 feet. That is 50 yards. Of that, in the end, if you are going to
home State, Senator SCHUMER’s home course, Georgia’s law explicitly allows blow up the Senate rules, that that has
State of New York, offers just 9 days of nonpartisan poll workers to make consequences that go on for a very,
early voting in contrast to Georgia’s water available to voters. An election very long time.
17, and New York—the State of New worker, somebody who is involved with There are Democrats in this Chamber
York—on their ballot, recently re- the actual vote itself, can deliver water today who still express, I think, regret
jected a ballot measure to allow no-ex- to voters if they are waiting in line. It for what happened in 2013, with respect
cuse absentee voting. just prevents political operatives and to the executive calendar—which deals
So no-excuse absentee voting is not political organizations from doing with executive branch nominees and
allowed in New York, but it is allowed that—a law that, again, is consistent judicial branch nominees, judges—be-
in Georgia, with 9 days early voting in with laws throughout the country, in- cause it led, in 2017, to the Republicans
New York and 17 in Georgia. Yet, some- cluding—including—the State of New retaliating, following suit, with Su-
how, the President hasn’t yet visited York. Yet I suppose it is typical of preme Court Justices.
Delaware or New York to accuse them nanny-state Democrats to think Amer- I don’t think you can—assume for a
of making it difficult for citizens to icans are incapable of packing them- minute that, at some point, this flips.
vote. I will believe in Democrats’ sup- selves a snack. If Democrats blow up the rules to do
posed commitment to protecting the I am pretty sure—pretty sure—I have this and create, I have to say, a manu-
vote when I see the Senate majority never seen a weaker case for a crisis. factured crisis in order to do it, then
leader come to the floor and excoriate Take a look at Democrats’ supposed you are not going to be able to blame
New Yorkers for attacking voting evidence, and their case crumbles to Republicans, because once the rules are
rights. dust, which, of course, raises the ques- gone, the rules are gone. Then we be-
Continuing on with President Biden’s tion of what is behind Democrats’ man- come the House of Representatives, a
speech, we come to, perhaps, the most ufactured crisis. Unfortunately, I think total majoritarian body with longer
ridiculous example the President and we know the answer. The Democrats terms.
Democrats have used in their attempt have manufactured the supposed voting That is not what the Founders in-
to convince Americans that voting rights crisis in the hopes of forcing tended. This place is here for a reason.
rights are under assault, and here I am through election legislation that they It is here to represent the rights of the
going to quote directly from the Presi- hope will give them an advantage in fu- minority, the people who didn’t win
dent’s speech: ture elections. More than one Demo- the vote, the people who might be in
[T]he new Georgia law actually makes it crat has openly admitted that Demo- the minority party, who ought to have
illegal—think of this—I mean, it’s 2020, and
SSpencer on DSK126QN23PROD with SENATE
now ’22, going into that election—it makes it
crats want to pass a Federal election some say and some voice in the laws
illegal to bring your neighbors, your fellow takeover because they think it will that are made here and the policies
voters food or water while they wait in line help their party win elections. that are made here that are going to
to vote. . . . I mean, think about it. That’s I don’t blame Democrats for running affect them and their families. I am
not America. That’s what it looks like when scared. Between their inflation crisis, hopeful that there are still some Demo-
they suppress the right to vote. their border crisis, the President’s crats with doubts about this course of
That is what it looks like when they humiliating, disastrous retreat from action, enough, perhaps, to block their
suppress the right to vote? Really? Afghanistan, the November election re- leadership’s partisan push.
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January 13, 2022 CONGRESSIONAL RECORD — SENATE S203
In his inaugural address, the Presi- PEESA, which sanctions Nord Stream should give Putin its pipeline because
dent of the United States vowed to be 2 directly. I authored that bill, along of transatlantic unity.
a President for all Americans. On Tues- with Democratic Senator JEANNE SHA- I urge every Senator to ask a simple
day, he made it clear that he is becom- HEEN. question: What unity and with whom?
ing nothing more than a President for And, in 2021, Congress expanded those In January, the European Parliament
the far-left wing of the Democratic sanctions in the Protecting Europe’s voted to condemn and stop the Nord
Party. In less than a year, he has gone Energy Security Clarification Act. Stream 2 Pipeline. The vote was 581 to
from promising unity to sowing divi- Again, I authored that bill, along with 50—581 to 50. If you care about trans-
sion. It is a sad epitaph to a Presidency Democratic Senator JEANNE SHAHEEN. atlantic unity, let me suggest that we
that has barely begun. For the next several hours, this body side with the 581 and not the 50. The
I yield the floor. will revisit and debate this issue once Biden White House’s argument is lit-
I suggest the absence of a quorum. again. We will revisit our successes erally: Go with the 50 in the name of
The PRESIDING OFFICER. The from 2019 to 2021 in using targeted transatlantic unity.
clerk will call the roll. sanctions to end construction of the I don’t know how you stand up and
The legislative clerk proceeded to pipeline. make that argument with a straight
call the roll. When President Trump signed our bi- face—581 to 50.
Mr. CRUZ. Mr. President, I ask unan- partisan sanctions into law, Putin In August of 2021, the chairs of the
imous consent that the order for the stopped construction of the pipeline Foreign Affairs Committees in nine
quorum call be rescinded. literally 15 minutes before the law be- countries opposed explicitly the Nord
The PRESIDING OFFICER. Without came effective. Sanctions worked. Stream 2 U.S.-German agreement—the
objection, it is so ordered. They succeeded. Together, we won a bi- Biden agreement—to allow the comple-
S. 3436 partisan foreign policy and national se- tion of Nord Stream 2. Among those
Mr. CRUZ. Mr. President, the eyes of curity victory. countries that explicitly opposed that
history are upon us today. Each of us But we will also revisit in this debate agreement: Estonia, the Czech Repub-
will be faced with a momentous ques- the catastrophic decision President lic, Ireland, Latvia, Lithuania, Poland,
tion: Can we put petty differences Biden made in May of this year to Ukraine, and the United Kingdom. Are
aside, and can we come together to de- waive those sanctions. The sanctions those countries Europe? Do we care
fend our friend and our ally Ukraine that had worked, the sanctions that about transatlantic unity with those
against imminent Russian aggression? were successful, President Biden countries that are begging us to find
This isn’t theoretical. Russian tanks waived them nonetheless. the courage to stand up to Vladimir
and troops are, right now, massed on When this debate is over, each of us Putin?
the Ukrainian border, and they are pre- will have to decide whether he or she When President Biden made his deal
paring for invasion. The Senate, in just will vote to finally and definitively put to allow the pipeline to go through
a few hours, will vote on a bill that an end to this pipeline through manda- anyway, the Foreign Ministers of
represents the best way to deter Putin tory sanctions. Ukraine and Poland issued a remark-
from invading Ukraine by sanctioning Our Ukrainian allies are crying out able joint statement declaring that the
the company that is racing to finish for us to do so. Ukraine’s President and decision President Biden made to sur-
and make operational the Nord Stream Prime Minister and Speaker of the Par- render to Putin, that it created an im-
2 Pipeline, which Putin desperately liament have all explicitly and passion- mediate ‘‘security crisis’’ for Europe.
wants completed so that he can use it ately done so in recent days. Ukraine’s They told us then—Ukraine and Poland
as a cudgel against our European al- Prime Minister said last week that both told us then—that, as a result of
lies. If we don’t come together today, Nord Stream 2 is ‘‘no less an existen- waiving sanctions, we are going to see
Ukraine risks getting wiped off the tial threat to [Ukraine’s] security & Russian troops. They were right. It is
map altogether. democracy than Russian troops on our almost as if they understand their
Putin didn’t just wake up one day border.’’ That is the Prime Minister of neighbor. It is almost as if they under-
and decide he wanted to invade Ukraine begging this body, the U.S. stand Putin’s desire to reassemble the
Ukraine. He has wanted to invade Senate, to help him. Soviet Union. It is almost as if they be-
Ukraine for years. He did so already in Just this week, a public letter from lieve Vladimir Putin when he said that
2014, but he stopped short of a full inva- leaders in Ukrainian civil society he believed the greatest geopolitical
sion because he couldn’t endanger said—and I want to quote this at disaster of the 20th century was the
Ukraine’s energy infrastructure, which length. They said: dissolution of the Soviet Union, and he
he needs to get Russia’s natural gas to Since late October 2021, Russia has wants to bring it back together by
Europe. That stopped Putin from amassed more than 120,000 troops close to force, which I would note would be a
marching all the way to Kiev. The next the Ukrainian border along with the grave national security threat to the
logistical support for a major new offensive.
year, in 2015, Putin began the Nord United States.
This menacing build-up had been accom-
Stream 2 project—to build a pipeline to panied by increasing belligerent rhetoric
Now, some will say, when they say
go around Ukraine so that he could get from senior Russian officials. We believe the European unity, they really mean
his gas to Europe and invade Ukraine green light given to the Nord Stream 2 pipe- unity with Germany. Indeed, I have
with no risk to the billions he relies on line in May 2021 served as one of the key heard Members on this floor say: Lis-
every year. triggers for the current crisis and must be ten, I am just not prepared to sanction
Nord Stream 2, as we know and as we urgently revised. Germany.
have heard from Republicans and from In ordinary times, that open letter This bill doesn’t sanction Germany.
Democrats—literally hundreds of times from Ukrainian civil society would res- It doesn’t sanction the German Gov-
over the past years on this floor, in onate with both Democrats and Repub- ernment. It doesn’t sanction the Ger-
committees, in briefings—Nord Stream licans. This is a plea for help. man company. It sanctions Nord
2 was designed to circumvent Ukraine. Opponents of our legislation are Stream 2 AG, which is wholly owned
It is why the Senate has worked to- clutching at pretexts to avoid doing and controlled by Gazprom. This is
gether for years, in a bipartisan man- what we have done many times before, sanctioning a Russian cutout because
ner, to stop Nord Stream 2 from com- and I want to address those pretexts this pipeline is a tool for Putin’s ag-
ing online. one at a time. gression in Europe.
In 2017, Congress came together and One argument we have heard again And even when it comes to unity in
SSpencer on DSK126QN23PROD with SENATE
passed the Countering America’s Ad- and again is that imposing sanctions Germany, what they really mean is
versaries Through Sanctions Act, or on Nord Stream 2 AG, the Gazprom- unity with Angela Merkel, and I will
CAATSA, which sanctioned invest- owned cutout that runs Nord Stream 2, concede that. Angela Merkel wants
ments in Russian energy export pipe- would shatter European unity. That is this pipeline. I don’t fully understand
lines. an argument that is being repeated by why, but she does. But Angela Merkel
In 2019, Congress passed Protecting the White House repeatedly—that this is no longer the Chancellor of Ger-
Europe’s Energy Security Act, or is all about transatlantic unity; we many. Indeed, the German people went
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S204 CONGRESSIONAL RECORD — SENATE January 13, 2022
to the polls, and they voted her party Nord Stream 2 to heat their homes ticular, they said: You know, when
out of office. So one would think from when it is literally stopping the Ger- Trump was President, Senator CRUZ
the United States, to the extent we are mans from freezing to death? Because didn’t hold his State Department nomi-
concerned about standing with an ally, that, if the Ukrainian pipeline is shut nees over Nord Stream 2, and Trump
we should be concerned about the cur- down, becomes the only viable source didn’t impose sanctions over Nord
rent Government of Germany, not the of heat. Do we really think they are Stream 2.
former government, and we should re- going to have greater courage then Now, I recognize in politics some-
spect the views of the German people. than they have had so far? Nobody times, in the heat of the moment, you
Now, the current Government of Ger- does. Putin doesn’t. say things; you don’t entirely think
many is hopelessly fractured on Nord It is important to understand that through them. But even in the annals
Stream 2. The Greens, who are part of the debate before this Chamber is, Do of bad arguments, that is a singularly
this coalition government, passion- we impose sanctions before an invasion absurd argument. It is true I didn’t
ately oppose Nord Stream 2. Vocally, in order to stop the invasion or do we hold the State Department nominees
repeatedly they have condemned Nord threaten sanctions after an invasion is over Nord Stream 2. It is true Trump
Stream 2, and they are an integral part done? didn’t impose sanctions. Why? Because
of this German Government. But just a The bill that my colleague Senator we stopped Nord Stream 2, because we
few hours ago, the German Defense MENENDEZ is pushing would do the lat- were successful.
Minister, on the other side, said Nord ter. It would impose sanctions after an When I authored the bipartisan sanc-
Stream 2 is off the table. They are not invasion is completed. I don’t think tions, there were significant elements
willing to do anything to stop Nord Putin believes those sanctions would of the Trump administration that re-
Stream 2. And the German Chancellor ever be imposed. But I can tell you, sisted it. The Department of the Treas-
has said the same, declaring that he Ukrainian President Zelensky has very ury fought mightily against it. And I
seeks a positive reset with Putin. This expressly addressed this issue. Here is was more than happy to battle my own
is the same Putin who has tanks on the what he said: ‘‘Only if the sanctions party on this because this was the
border of Ukraine, and he is preparing are applied prior to the armed conflict right thing to do for U.S. national se-
to invade. would they become a prevention mech- curity. Is there even one Democrat
Another argument that we will hear anism for any possible escalation.’’ with the courage to do that against his
is that sanctions should be kept in our That is the President of Ukraine beg- own party now that it is the other side?
pockets. We should reserve them for ging the Members of this Senate to The argument I didn’t hold any
use later in the case of a Russian inva- vote in favor of the bill on the floor nominees—why would I hold nominees?
President Trump signed the bill. I have
sion. I would note, this is not what our today.
Today will be one of our very last said from the beginning: If Biden im-
Ukrainian allies advocate, and I have
chances to stop Nord Stream 2 and to poses the sanctions, I will lift all the
trouble believing anyone in this Cham-
stop an imminent Russian invasion of holds. I lifted 32 holds in December to
ber actually takes this argument seri-
get this vote.
ously, nor should they. Putin doesn’t. Ukraine.
My focus is on stopping this pipeline
Putin believes that once he brings Just a few minutes ago, two of my
and stopping Putin and Russia. And
Nord Stream 2 online, and once he has colleagues, Senator MURPHY and Sen-
their argument that, well, Trump
changed the region through invasion, ator SHAHEEN, had a colloquy in which
didn’t impose sanctions—that is cor-
that no one will have the will to im- they explained why they have flipped
rect, because Putin stopped building
pose sanctions. And I would note, he is their positions. They and every other
the pipeline.
not crazy to believe that. Democrat in this Chamber have voted I remind you of the timing. President
When the Biden administration first for sanctions on Nord Stream 2 not Trump signed the bill, if my memory
capitulated to Russia on Nord Stream once but twice. Every Democrat voted serves correctly, at 7 p.m. on a Thurs-
2, the Biden administration and the in support of my bipartisan sanctions day night. Putin stopped building the
German Government made a promise. on Nord Stream 2. Only two things pipeline at 6:45 p.m., 15 minutes before-
They said if—if, if—Russia uses energy have changed since all of the Demo- hand. There was nothing to sanction
for energy blackmail, then we will stop crats voted in favor of these sanctions: because they didn’t commit the
the pipeline. They beat their chest No. 1, the occupant of the White House, sanctionable conduct; they stopped.
with that promise. They were quite who now has a ‘‘D’’ behind his name in- They only returned to building the
bold about it. I have had some Mem- stead of an ‘‘R.’’ pipeline—does the Presiding Officer
bers of the Senate say: Well, we have The White House is furiously lob- know what date Putin began building
got really strong promises from Ger- bying Democrats, asking Democrats to the deep-sea pipeline once again? Janu-
many now. stand with their party—sadly, at the ary 24, 2021, 4 days after Joe Biden was
Well, what has happened since then? expense of our allies, at the expense of sworn into office. Putin knew that
Russia has nakedly and unequivocally Europe, and at the expense of U.S. na- Biden was going to do what he did:
used energy for energy blackmail. En- tional security. waive the sanctions and surrender. The
ergy prices have skyrocketed in Eu- On the merits, this should be a very sanctions worked. We had a bipartisan
rope, and Putin is openly boasting, he easy vote. And I would suggest, if Joe victory that, inexplicably, this White
is laughing and saying: Well, turn Nord Biden were not President, if Donald House gave away.
Stream 2 on and your energy prices Trump were sitting in the Oval Office I want to take a minute to speak to
will go down. today, every single Democrat in this my Democratic colleagues.
He is not hiding it. He is not pre- Chamber would vote for these sanc- Listen, there are lots of issues we are
tending. He did exactly what the Biden tions—all of them—as they did twice going to disagree with one another on
White House and the German Govern- when Donald Trump was sitting in the a partisan matter. That is fine. We will
ment said: If you do x, we will stop it. Oval Office. talk about tax rates, whether they
He did it openly, brazenly, laugh- The other thing that has changed, by should be high or low. We can have
ingly, and absolutely nothing hap- the way, is the Russian troops on the good, vigorous arguments about that.
pened—zero, crickets. border of Ukraine, which is exactly That is a part of our democracy. But in
Mr. President, I ask you, as a reason- what the Ukrainians and the Poles told this instance, the Biden White House is
able man, if the German Government us would happen when Biden waived carrying out a policy that makes no
and the Biden White House were un-
SSpencer on DSK126QN23PROD with SENATE
these sanctions. sense, that abandons our allies, that is
willing to impose sanctions when Putin Those are the two things that have harmful to American national security,
immediately triggered what they said changed. that strengthens and encourages the
was their redline, in what universe I have to say, my colleagues Senators aggression of Vladimir Putin, a bully
would the Biden White House or the MURPHY and SHAHEEN had a very odd and a tyrant, and that makes war
German Government have greater re- colloquy because they decided to go much more likely.
solve once millions of Germans are de- after me personally instead of focusing Most, if not all, of my Democratic
pendent on Russian natural gas from on the merits of the issue. In par- colleagues know all of this. I am going
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January 13, 2022 CONGRESSIONAL RECORD — SENATE S205
to ask my Democratic colleagues to do that is a petulant former President leader tells us people don’t care—I bet
something hard, which is to have the who refused to even acknowledge that they will when they come to realize
courage to stand up and take some par- he lost the election and instead claims what is happening.
tisan grief for voting against the White that he was abused and that it was sto- It is interesting that he notes that
House on this one. Save the White len from him. That fanciful lie is now what they do care about—they care
House from the mistake they are mak- making its way across America back about the coronavirus. I do too.
ing. That is one of the roles of the Sen- and forth as former President Trump I didn’t have to check the voting
ate. We keep hearing the analogy the peddles it in every quarter. Unfortu- records to know what I am about to
Framers used of a saucer to cool the nately, some people are listening. say is true. That Senator from Ken-
tempers of the moment. The Senate did Some 30 percent of American people tucky and every other Senator on that
that with President Trump. The Senate agree with the former President that side of the aisle voted against Joe
should do so with President Biden as the election was stolen from him. Biden’s American Rescue Plan.
well. He couldn’t win that argument in In the beginning of his administra-
In my 10 years in the U.S. Senate, I any courtroom. He couldn’t even con- tion, he had a bold, policy-driven piece
have taken a lot of votes. The Pre- vince his handpicked Attorney General of legislation called the American Res-
siding Officer has taken a lot of votes. to back him up. So he resorted to send- cue Plan, which set out to do some-
There are very few votes that I think ing a mob of his followers on January thing that had to be done. Yes, we had
are as consequential as the vote we are 6, 2021, to storm this Capitol. For the found the vaccines, but in order to
getting ready to take. first time since 1812, we were invaded produce them and to administer them,
If Senate Democrats put partisan by people who did not subscribe to the we needed a program that cost money.
loyalty above national security, if they basic tenets of our Constitution. It was Joe Biden stepped up and said: This
vote simply by party line, it will dra- a grim day. I will never forget it. Those is what we are going to do. We are
matically increase the chances of a who were here, I am sure, say the going to get this jab, this shot, avail-
violent Russian invasion of Ukraine. same. But it set the stage for a cam- able to Americans across the board,
Days or weeks or months from now, if paign that has followed for more than and we are going to spend the money to
we turn on the television set and see a year. do it. It does no good to have a formula
Russian tanks in the streets of Kiev, This morning, we read in the paper that can save your life, and yet you
the reason will be that the U.S. Senate that some eight Republican attorneys can’t access it or pay for it.
heard the pleas of our Ukrainian allies general are going to close ranks in a So he put it in the American Rescue
and we turned a deaf ear to them. I Trump-inspired alliance to change Plan. It just made common sense,
pray that we don’t do so. The eyes of election laws across America to his lik- didn’t it? With so many people dying
history are upon us, and this body, Re- ing. Shame on them, and shame on and sick, that we have an ambitious,
publicans and Democrats, should rise anyone who thinks that is what Amer- unprecedented, historic administration
to the occasion. ica is all about.
of that vaccine across America? It was
I yield the floor. We should encourage more and more
an easy vote for me and for every Dem-
The PRESIDING OFFICER. The Sen- of those legally eligible to vote. We
should make it an easy exercise and ocrat and obviously easy on the other
ator from Illinois.
not a hardship and burden. But the side for Republicans because not a sin-
VOTING RIGHTS
States—almost 20 of them now—are in gle one, including the Republican lead-
Mr. DURBIN. Mr. President, earlier er from Kentucky, would support
today, the Republican Senate leader the process of changing the laws in
their States on voting and, with each President Biden in that effort.
came to the floor and noted the fact There was money in there as well to
that when the American people were change in the law, making it more dif-
ficult. Oh, it doesn’t sound too rep- keep businesses open so that they
asked about the issues of the moment, could hire back their people, go back in
they didn’t mention their right to vote. rehensible on its face, until you add it
all together: the notion that people business. I don’t know about the Pre-
I think most Americans would be sur-
would have less time to apply for ab- siding Officer’s State. I am sure New
prised that we are even debating that
sentee ballots; the fact that they would Jersey is similar to Illinois. But I have
issue at this moment in American his-
have to come up with a good reason; talked to a lot of restauranteurs who
tory.
We know the right to vote has been that their applications for those bal- walked up to me and said: Senator, we
contentious, divisive, deadly when it lots would have to contain certain in- never met before, but if you hadn’t
comes to the policies of this Nation formation, which is new and sometimes voted to give me a chance to reopen
and particularly the policies of indi- challenging to individuals; limiting the this business, I wouldn’t be here today.
vidual States. It was one of the critical periods of time that people can vote; That is the reality of the bill that
reasons, in addition to the hideous in- limiting the opportunity to register to the Republicans all, every single one,
stitution of slavery, that we went to vote in special elections, as in the voted against. So it is no surprise that
war among ourselves and 600,000-plus State of Georgia. Each one of those is they come to the floor critical of Joe
Americans gave their lives. It really an additive factor to reducing the like- Biden and his Presidency and saying he
was at the heart of what happened lihood that people will turn up and just doesn’t understand the real issues.
after that when the North prevailed, vote—even this notion in Georgia that Well, the coronavirus is a real issue.
the Union was saved, and the President you can’t provide food and drink to The President’s response was a real re-
of the United States, a man from Illi- voters waiting in line. sponse. Sadly, the unanimous opposi-
nois, not only created an Emancipation Well, in my hometown of Springfield, tion to the President by the Repub-
Proclamation but set the stage for con- IL, we vote in the Park District. There lican side of the aisle was also a real
stitutional amendments which guaran- is seldom a wait of more than 5 min- response.
teed that right to vote. utes. That is about the average across I can remember, coming out of col-
So I imagine some people would be America, but we know there are excep- lege and hearing about the Voting
excused if they didn’t list it as the tions. We have seen people waiting in Rights Act being debated right here on
highest priority. They probably assume line much longer. In fact, one State the floor of the U.S. Senate, and as I
it is really not an issue for debate, but found that African Americans waited have said before on the floor—and I
it is. You see, in this last Presidential in line an average of 50 minutes—not 5; won’t belabor it—I have taken the time
election, we had two or three historic 50 minutes. The idea of perhaps giving over the years to understand what led
up to it—Reconstruction, Jim Crow,
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things occur. someone a drink of water under those
First, the turnout of American voters circumstances is now against the law the great migration, and all that fol-
was unprecedented. That is a good in Georgia. It is hard to imagine. That lowed from that.
thing. In a democracy, it is to be ap- is just one of the things they wanted to And my friend—and she is my
plauded, and each year, we should try add to the burdens of voting in Amer- friend—Carol Anderson, a professor at
to improve on that outcome. ica. Emory University in Atlanta, GA, has
The second thing, though, we would So when we come to the floor and written a book called ‘‘One Person, No
have to put in the liability column, and discuss voting, and the Republican Vote.’’ She flattered me and asked me
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S206 CONGRESSIONAL RECORD — SENATE January 13, 2022
to write the forward to the book, which the Senate floor we voted for 26 amend- some voters, and you can imagine
I gladly did, and then read it and ments—26. In the normal history of the which ones.
thought: What an incredible story it Senate, hundreds of amendments are Thank God the Members of the Sen-
tells us about America and the battle voted in the course of a year. But be- ate on a bipartisan basis decided in the
to win the vote. cause of the filibuster and the design of 1960s to outlaw this legislative sleight
I remember—as I mentioned, I was many to slow down and stop the busi- of hand. Our predecessors didn’t cave in
young and fresh out of college and law ness of the Senate, in 1 year we voted to the disingenuous cries of ‘‘States’
school—when Dr. Martin Luther King for 26 amendments—26. rights,’’ which we hear to this day on
came to the city of Chicago. I remem- And that is what happens when you the Republican side of the aisle. Our
ber it well because I was in the midst shut down debate. That is what hap- predecessors understood that voting is
of working as a young man on a polit- pens when you shut down opportunity a fundamental liberty. It should be
ical campaign. And it made all the for amendments. And that is what hap- treated differently. It is the reason we
headlines when Dr. Martin Luther pens when you pledge allegiance to the pledge allegiance to that flag, because
King, Jr., decided to walk through filibuster. we make the decision, under that flag,
Marquette Park. That particular pa- We have to be honest about this. of who governs us.
rade—that protest—drew violence from There should be an exception written Right now, millions of American vot-
people dressed in Nazi uniforms, throw- in for the filibuster when it comes to ers are facing a new wave of voter sup-
ing rocks at him, and jeering at those voting rights. Something as funda- pression laws, and much like the pro-
who supported his effort. mental as our constitutional authority ponents of Jim Crow laws did in their
I remember that because, nowadays, to vote should be given the day for ar- day, Republicans State lawmakers
when you talk about Dr. Martin Luther gument on the floor of the Senate and today are erecting new barriers to the
King’s day of observance, which is com- should be subject to a majority vote, ballot box, latching onto the myth of
ing up next week, people have a tend- up or down. That is not too much to ‘‘widespread voter fraud.’’ That is what
ency to think of that in gentle and ask. the State legislative leaders are say-
positive terms—and it should be. But I would rather pledge allegiance to ing. Where could they have come up
let’s not forget the price he paid—ulti- the flag and to the voting authority in with that idea? Is it possible that it is
mately, his life—to deliver that mes- America that it represents than to the a disgruntled former President with a
sage to a divided America. And so when filibuster, a rule which has been mis- bruised ego because he lost his effort
we talk about why he did it and what used as much as it has been properly for reelection in 2020?
it meant to us, one of the guiding fac- used in its history. The reality is, the laws they are pass-
tors was the right to vote and his belief There are many enduring victories ing in these States are not about pre-
that, from Reconstruction forward to we can attribute to Dr. King and the venting voter fraud. They are about
his day, we were still finding ways to civil rights movement. But the Civil preventing eligible Americans from
deny the right to vote to African Rights Act of 1964 and the Voting voting. The nurse working back-to-
Americans and others in this country. Rights Act of 1965 are certainly high on back shifts on election day, the single
It was that fundamental an issue—an the list. These laws put a stake in the parent who doesn’t own a car or can’t
issue he was willing to give his life for. heart of Jim Crow, expanding voting afford a babysitter, or a person living
For some of us, Martin Luther King rights to generations of Black Ameri- with a disability—should we be con-
Day will be a day of reflection, a cans. cerned as to whether they have an op-
chance to envision in America what it Prior to the passage of these laws, portunity to vote? We certainly should.
truly means to be ‘‘free at last.’’ But it State legislators throughout the Deep The new laws enacted in nearly 20
is also a day of action. Let’s hope we South had disenfranchised voters of States will prevent our most vulner-
have some action here on the floor of color through a whirlwind of discrimi- able neighbors from exercising their
the U.S. Senate. natory legislation. These laws didn’t right to vote. That is why we ought to
Each day we open the session in the explicitly ban Black Americans from look at the Senate rules. It isn’t just a
Senate by pledging allegiance to the voting. The 15th Amendment, ratified matter of some theoretical academic
flag. That is a good thing. I do it out of during Reconstruction, prevented them debate on the rules. These are real-life
respect and gladly so. But we don’t from doing that. But soon enough, decisions in States across the Nation.
stand here and pledge allegiance to the these lawmakers discovered new ways And the most troubling of these laws
filibuster. The filibuster is a Senate to discriminate against voters of color. take the assault of democracy even fur-
rule, not that long in its history, that And in decades after Reconstruction, ther. They give partisan actors more
is an interpretation of what the Senate they erected barriers to the ballot box, power to meddle and interfere in elec-
is about. It has changed over the years like poll taxes, property ownership re- tion administration. Some of the pro-
over and over again. It is not sacred. It quirements, literacy tests. posals we have seen can potentially
is not constitutional dictum. It is, in When it comes to Jim Crow laws, it allow partisans to overrule the valid
fact, the best efforts of politicians in is easy to get caught up in abstractions votes of the American people and
this Chamber, in their day, to write a and generic descriptions. You hear the anoint a victor of their own choosing.
rule that establishes a minimum vote. phrase ‘‘literacy test,’’ that was used Over the next few days, I expect
What does it mean to us? Well, it even into the 1960s in America, and you many of us will quote excerpts of Dr.
means a lot. In a Senate that is divided think: Well, that just means I have to King’s most famous speeches. My hope
50–50—50 Republicans and 50 Demo- read at grade-school level, right? is that we will take heed of the words
crats—it means that there are meas- Wrong. A poll test from a Louisiana he wrote in that letter from the Bir-
ures which require 60 votes. It used to parish had questions on it which I mingham jail. In it, he responded to a
be a rare occurrence in this body that struggle to answer even today. And group of White religious leaders who
someone would invoke a filibuster, and they were designed to make sure that had pleaded with him and his fellow
yet now it has become virtually com- voters wouldn’t be able to answer. civil rights advocates to slow down,
monplace. ‘‘Draw a line around a number or letter wait a little longer, racial equality is
If you just look at the last 5 or 10 of this sentence.’’ What the heck does going to follow soon.
years, you can see a change in the Sen- that mean? And on and on. In response, Dr. King wrote: ‘‘For
ate, a dramatic orchestrated change in I share this example to demonstrate years now, I’ve heard the word ‘Wait!’.
the Senate. What was uncommon, re- what voter suppression looked like in . . . This ‘Wait’ has almost meant
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quiring 60 votes for a measure, has now the days of Dr. King. In the words of ‘Never’. . . . We must come to see, with
become the standard, and, of course, historian Carol Anderson, whom I men- one of our distinguished jurists, of yes-
what that means is very few things tioned earlier, tactics like literacy terday that ‘justice too long delayed is
come to the floor of the Senate. tests were ‘‘legislative evil genius.’’ justice denied.’’’
When the Republicans were in con- They didn’t disenfranchise voters on He continued, ‘‘We’ve waited for
trol, just a few years ago, during the the basis of their skin color outright. more than 340 years for our God-given
course of an entire calendar year, on But they were only administered to and constitutional rights. . . . I hope,
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January 13, 2022 CONGRESSIONAL RECORD — SENATE S207
sirs, you can understand our legitimate We must also acknowledge a painful productive, more deliberative, more re-
and unavoidable impatience.’’ fact: sponsive to Americans’ needs, and a
The issue that we are debating on The State laws we seek to address place of genuine debate about our
voting rights and the issue of our rules are symptoms of a larger, more deeply country’s pressing issues.
is not just a casual conversation about rooted problem facing our democracy— And while this week’s harried discus-
a rule book no one hardly knows of. It the divisions themselves, which have sions about Senate rules are but a poor
is an issue that does go to the heart of hardened in recent years and have com- substitute for what I believe could
our democracy, to our pledge of alle- bined with rampant disinformation to have—and should have—been a
giance to the flag, not to the filibuster. push too many Americans away from thoughtful public debate at any time
The issue is our Republican col- our basic constitutional values. over the past year, such a discussion is
leagues are afraid of this debate. In the spring of 2017, after Trump still a worthy goal.
Traditionally, they played a key role took office, I wrote an opinion piece in But a discussion of rules falls short
in the passage of the Voting Rights Act the Arizona Republic highlighting my of what is required. American politics
in the 1960s. In fact, percentagewise, concerns about the strains on our con- are cyclical, and the granting of power
there were more Republican Senators stitutional boundaries and the shrink- in Washington, DC, is exchanged regu-
voting for that than Democratic Sen- ing respect for our founding constitu- larly by the voters from one party to
ators. And I say that acknowledging tional principles. In the years that fol- another.
that my Democratic Party, in those lowed, my colleagues and I in this body This shift of power back and forth
days, was not altogether on the right were called upon to participate in two means the Senate 60-vote threshold has
side. separate impeachment trials for crimes proved maddening to Members of both
We have been told that we are break- against our Constitution. political parties in recent years—
ing the Senate if we change this rule to And on January 6, last year, I was viewed either as a weapon of obstruc-
protect people’s right to vote. At the standing in this very spot, speaking in tion or a safety net to save the country
heart of what the Senate is and what it this very Chamber, defending Arizona’s from radical policies, depending on
stands for and the reason it exists is fair and valid election against whether you serve in the majority or
the right of Americans to vote. disinformation, when violent insurrec- the minority.
Is it worth a carve-out? Is it worth a tionists halted the Presidential certifi- But what is the legislative filibuster
change? Is it worth a modification of cation. other than a tool that requires new
the Senate rules to protect the right to Threats to American democracy are Federal policy to be broadly supported
vote? Can anything be more sacred? real. by Senators representing a broader
I yield the floor. I share the concerns of civil right ad- cross section of Americans—a guardrail
The PRESIDING OFFICER. The Sen-
vocates and others I have heard from in inevitably viewed as an obstacle by
ator from Arizona.
Ms. SINEMA. Mr. President, I rise at recent months about these State laws. whoever holds the Senate majority but
a challenging, divisive time for our Na- I strongly support those efforts to con- which, in reality, ensures that millions
tion. For years, America’s politics have test these laws in court and to invest of Americans, represented by the mi-
spiraled steadily downward into in- significant resources into these States nority party, have a voice in the proc-
creasingly bitter, tribal partisanship, to better organize and stop efforts to ess?
and our democracy has been strained. restrict access at the ballot box. Demands to eliminate this thresh-
While that may sound abstract, it is And I strongly support and will con- old—from whichever party holds the
a problem that hurts Americans in tinue to vote for legislative responses fleeting majority—amount to a group
real, tangible ways. These deepening to address these State laws—including of people separated on two sides of a
divisions hurt our ability to work to- the Freedom to Vote Act and the John canyon, shouting that solution to their
gether, to create new job opportunities, Lewis Voting Rights Advancement Act colleagues, and that makes the rift
to protect the health and safety of our that the Senate is currently consid- both wider and deeper.
communities and country, and to en- ering. Consider this: In recent years, nearly
sure everyday families get ahead. I support these bills because they every party-line response to the prob-
Americans across the country know strengthen Americans’ access to the lems we face in this body, every par-
this. They see it every day, not only on ballot box, and they better ensure that tisan action taken to protect a cher-
social media and cable news but at Americans’ votes are counted fairly. It ished value has led us to more division,
their jobs and around their dinner ta- is through elections that Americans not less.
bles. We are divided. make their voices heard, select their The impact is clear for all to see: the
It is more likely today that we look representatives, and guide the future of steady escalation of tit for tat, in
at other Americans who have different our country and our communities. which each new majority weakens the
views and see the other or even see These bills help treat the symptoms guardrails of the Senate and excludes
them as enemies instead of as fellow of the disease, but they do not fully ad- input from the other party, furthering
country men and women who share our dress the disease itself. And while I resentment and anger amongst this
core values. It is more common today continue to support these bills, I will body and our constituents at home.
to demonize someone who thinks dif- not support separate actions that wors- Democrats’ increased use of requiring
ferently than us, rather than to seek to en the underlying disease of division cloture for traditional nominees under
understand their views. infecting our country. President George W. Bush led to simi-
Our politics reflect and exacerbate The debate over the Senate’s 60-vote lar tactics by Republicans under Presi-
these divisions, making it more and threshold shines a light on our broader dent Barack Obama. The 2013 decision
more difficult to find lasting, broadly challenges. There is no need for me to by Senate Democrats to eliminate the
supported solutions to safeguard our restate my longstanding support for 60-vote threshold for most judicial and
freedoms, keep our country safe, and the 60-vote threshold to pass legisla- Presidential nominations led directly
expand opportunity for all our citizens. tion. to a response in 2017 by Senate Repub-
So two questions face us as a nation: There is no need for me to restate its licans who eliminated the threshold for
Where does this descending spiral of di- role: protecting our country from wild Supreme Court nominees.
vision lead, and how can we stop it? reversals in Federal policy. It is a view These shortsighted actions by both
Our country’s divisions have now I have held during my years serving in parties have led to our current Amer-
fueled efforts in several States that both the U.S. House and the Senate, ican judiciary and Supreme Court
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will make it more difficult for Ameri- and it is the view I continue to hold. It which, as I stand here today, is consid-
cans to vote and undermine faith that is the belief that I have shared many ering questions regarding fundamental
all Americans should have in our elec- times in public settings and in private rights Americans have enjoyed for dec-
tions and our democracy. These State settings. ades.
laws have no place in a nation whose Senators of both parties have offered Eliminating the 60-vote threshold—
government is formed by free, fair, and ideas, including some that would earn on a party line with the thinnest of
open elections. my support to make this body more possible majorities—to pass these bills
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S208 CONGRESSIONAL RECORD — SENATE January 13, 2022
that I support will not guarantee that This work requires all Americans ev- and good faith reach different conclu-
we prevent demagogues from winning erywhere. Efforts to fix these problems sions to the same question? Yes. Yes,
office. on a bare-majority party line will only of course they can.
Indeed, some who undermine the succeed in exacerbating the root causes It is easy for elected officials to give
principles of democracy have already that gave way to these State laws in speeches about what they believe. It is
been elected. Rather, eliminating the the first place, extending our dissent harder to listen and acknowledge that
60-vote threshold will simply guarantee into a more fragmented America. there are a whole lot of Americans
that we lose a critical tool that we This work is our shared responsi- with different ideas about what is im-
need to safeguard our democracy from bility as Americans. I share the dis- portant in our country and how to
threats in the years to come. appointment of many that we have not solve those problems.
It is clear that the two parties’ strat- found more support on the other side of And yet it is important to recognize
egies are not working—not for either the aisle for legislative responses to that disagreements are OK. They are
side and especially not for the country. State-level voting restrictions. I wish normal. And honest disagreements
I know it is comfortable for Members that were not the case, just as I wish matched with a willingness to listen
of each party, particularly those who there had been a more serious effort on and learn can help us forge sturdy and
spent their career in party politics, to the part of Democratic Party leaders enduring solutions.
think that their respective party alone to sit down with the other party and You know, Congress was designed to
can move the country forward. Party genuinely discuss how to reforge com- bring together Americans of diverse
control becomes a goal in and of itself, mon ground on these issues. views, representing different interests
instead of prioritizing a healthy, appro- My Republican colleagues have a and, as a collective, to find com-
priate balance in which Americans’ di- duty to meet their shared responsi- promise and common ground to serve
verse views and shared values are rep- bility to protect access to voting and our country as a whole.
resented. the integrity of our electoral process. We face serious challenges, and meet-
But when one party needs only to ne- We need a sustained, robust effort to ing them must start with a willingness
gotiate with itself, policy will inex- defend American democracy, an effort to be honest, to listen to one another,
tricably be pushed from the middle to- on the part of Democrats, Republicans, to lower the political temperature, and
ward the extremes. Independents, and all Americans in to seek lasting solutions.
And I understand, there are some on communities across this country. So Some have given up on the goal of
both sides of the aisle that prefer that we ask, What must we do to protect easing our divisions and uniting Ameri-
outcome, but I do not. And I know that our democracy? cans; I have not.
Arizonans do not either. Our country’s We should invest heavily in recruit- I have worked hard to demonstrate in
first President, George Washington, a ing and supporting State and local can- my public service the value of working
leader whose wisdom I borrowed at the didates for office—in both parties—who with unlikely allies to get results,
conclusion of the 2020 impeachment represent the values enshrined in our helping others see our common human-
trial—he warned against political fac- Constitution. ity and finding our common ground,
tions more than 200 years ago, saying We should ensure we have a judiciary and I remain stubbornly optimistic be-
that extreme partisanship could lead to that is less lopsided in its political cause this is America. We have over-
the ‘‘ruins of public liberty.’’ leanings and that we can all depend on
‘‘I was no party man myself,’’ Wash- come every challenge we have ever
to uphold the Constitution.
ington wrote, ‘‘and the first wish of my faced.
We must confront and combat the
I am committed to doing my part to
heart was, if parties did exist, to rec- rise of rampant disinformation and en-
avoid toxic political rhetoric, to build
oncile them.’’ sure that all Americans have the tools
Today, we serve in an equally divided bridges, to forge common ground, and
to see fact from fiction. This will be
Senate, and today marks the longest to achieve lasting results for Arizona
particularly difficult work since some
time in history that the Senate has and this country. But we are in des-
in power have used disinformation to
been equally divided. The House of manipulate our differences and pull perate need of more—more people who
Representatives is nearly equally di- Americans apart, pressuring us to see are willing to listen, to seek under-
vided as well. our fellow Americans as enemies. standing, to stitch together the fabric
Our mandate? It seems evident to The dangers facing our democracy of our country that has been ripping
me: work together and get stuff done took years to metastasize, and they around the edges; more people who are
for America. will take years of sustained, focused ef- willing to put down the sticks sharp-
And the past years have shown when fort to effectively reverse. There are ened for battle and instead pick up
a party in control pushes party-line steps that we can take today to fix our their neighbors to learn why they are
changes exceeding their electoral man- politics and better set the stage for re- angry or upset or left behind.
date, the bitterness within our politics pairing our democracy. So I call on each of us as Americans:
is exacerbated, tensions are raised Many of you know I began my career Let us be those people. We are but one
within the country, and traditionally as a social worker. And in our social country. We have but one democracy.
nonpartisan issues are transformed work training, our first necessary skill We can only survive, we can only keep
into partisan wedges. is the ability to listen to others—lis- her, if we do so together.
We must address the disease itself— tening not to argue or rebut but listen- The PRESIDING OFFICER. The Sen-
the disease of division—to protect our ing to understand. I ran for the U.S. ator from Kentucky.
democracy. And it cannot be achieved Senate rejecting partisanship, willing S. 3436
by one party alone. It cannot be to work with anyone to help Arizonans Mr. PAUL. Mr. President, I rise
achieved solely by the Federal Govern- build better and more secure lives. today to speak against the sanctioning
ment. The response requires something And throughout my time serving Ari- of German and Russian businesses over
greater and, yes, more difficult, than zona, I have listened to Arizonans ex- the transport of natural gas between
what the Senate is discussing today. pressing diverse views on inflation, their countries.
We need robust, sustained strategies economic competitiveness, climate, Proponents of sanctions say: Sanc-
that put aside party labels and focus on and social priorities, and the role of tion this, sanction that. The Depart-
our democracy because these chal- the Federal government itself. ment of the Treasury is currently ad-
lenges are bigger than party affiliation. I find myself grateful, time and time ministering dozens of sanctions pro-
We must commit to a long-term ap- grams designed to change the behavior
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again, to learn from Arizonans who
proach as serious as the problems we share the same core values but differ in of certain countries. Yet, no one seems
seek to solve—one that prioritizes lis- position on issues and policies. Their to ask the important questions: Do
tening and understanding, one that em- similarities and their differences are sanctions promote peace and under-
braces making progress on shared pri- surely representative of the complexity standing, or do they escalate tension
orities and finding common ground on of Americans nationwide. between nations? What behavior has
issues where we hold differing and di- So I find this question answers itself: China modified since the United States
verse views. Can two Americans of sharp intellect began sanctions? Has Russia changed
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January 13, 2022 CONGRESSIONAL RECORD — SENATE S209
her behavior? Has Russia given back Last year, they said that if we put The rush to impose sanctions now
Crimea? Sanctions, although lacking in sanctions on, we will stop them. Well, undermines the threat of sanctions to
proof of effectiveness, are very popular the Senate and the House overwhelm- deter Russian aggression against
with both parties. ingly passed sanctions. We got sanc- Ukraine. When you put sanctions on
Embargoes, sanctions’ big brother, tions, and they still completed the now and you offer them nothing and no
also garner bipartisan enthusiasm. The pipeline. way to remove the sanctions, how are
U.S. embargo of Cuba has now gone on But what behavior are they now ask- you deterring anything? In fact, you
for more than 60 years without any evi- ing Russia to change? What specifically might well make them angry enough
dence of a change in regime or even a has Russia been asked to do? What that they actually do act in response
change in the regime’s policy. Russian action is necessary for these to the sanctions in the opposite of
Embargoes are often described, espe- sanctions to end? what you have intended.
cially by the embargoed country, as an I have asked the sponsor of this bill: As today’s debate unfolds, I think
act of war. Many historians say that The sanctions that you want to do to you will find that sanctions against
the U.S.’s embargo of 1807 ultimately Russia, what behavior—what do you Nord Stream 2 are more about mer-
led to the War of 1812. President Jeffer- want from Russia? The response is that cantilism and protectionism than na-
son’s embargo was intended to punish they don’t want any behavioral tional security.
France and England for their aggres- changes from Russia. The word-for- The PRESIDING OFFICER. The Sen-
sions, but instead the embargo crippled word response from the sponsors of this ator from Wyoming.
American shipping exports. Exports de- bill is that they just want Russia not Mr. BARRASSO. Mr. President, first,
clined by 75 percent. to ship oil to Germany. It is about I would like to ask unanimous consent
Some historians also blame the U.S. trade. It is about trade that might that I be able to speak for up to 5 min-
embargo of Japan for the ensuing war. compete with certain natural gas-pro- utes, followed by Senator SULLIVAN,
Roosevelt seized many of Japan’s as- ducing States. It has nothing to do who is on the floor, for up to 15 min-
sets, and Japan lost access to much of with national security. utes and then Senator SASSE for up to
its international trade and over 80 per- If Nord Stream 2 sanctions were real- 7 minutes before the scheduled recess.
cent of its imported oil. Effectively, at ly about changing Russian behavior or The PRESIDING OFFICER. Without
least from the perspective of Japan, deterring aggression in Ukraine, then objection, it is so ordered.
the embargo was an act of war. NATO, including Germany, could Mr. BARRASSO. Mr. President, I
Yet enthusiasts for embargoes and threaten sanctions if Russia invades would hope that everyone in this body
sanctions still clamor for more. Ukraine. Now, that—the threat of has listened to Senator SINEMA’s im-
Sanctionistas point to the inter- sanctions, with Germany as an ally— portant speech on the filibuster just
national sanctions against Iran as the might actually have deterring value. now. I really appreciated her clear-
lever that brought about the Obama- In fact, last summer, the United eyed rationale—her rationale to pre-
era nuclear agreement with Iran. Per- States and Germany did just that. The serve the minority voices in this body
haps, but an equally valid argument United States and Germany announced and to find common ground in this
could be made that it was the exten- an agreement in which they said joint- Chamber. I thank her.
sion of carrots rather than sticks that ly that any attempt to use energy as a Mr. President, I also come to the
brought Iran to the table. It is funny weapon or commit further aggressive floor today to support the sanctions on
how diplomacy seems to require give- acts against Ukraine will be met with Vladimir Putin’s Nord Stream 2 Pipe-
and-take, not just take, take, take. sanctions. This is Germany and the line. Now, I urge all of my colleagues
Our interaction with Iran should illu- United States together. That has to vote in support of S. 3436, the Pro-
minate today’s debate over sanctions power. Our little pinprick sanctions tecting Europe’s Energy Security Im-
on the Nord Stream 2 Pipeline between saying ‘‘We don’t like you, and we are plementation Act.
Russia and Germany, but the shade of going to punish the companies that are You know, last week, the President
mercantilism is dimming the light of involved’’ will do nothing. of Ukraine and the Prime Minister of
experience. If we actually work with Germany, Ukraine endorsed this legislation. The
Opponents of the pipeline, not sur- we have deterring value. Germany Prime Minister said the following:
prisingly, are largely from States that could turn off the spigot to the natural Nord Stream 2 is no less an existential
compete in the sale of natural gas. This gas like that. If it is a valid threat threat to our security and democracy than
is more about protectionism than it is from Germany with us, together, we Russian troops on our border. Senators
national security. Reports are that the might be able to deter Russia. But sim- shouldn’t vote to protect Russia and Nord
pipeline will cause a significant reduc- ply turning the gas pipeline off now Stream 2. This is a security matter not only
tion in U.S. exports of liquid natural and sanctioning it is like being a hos- for Ukraine, but for the entire region.
gas; hence the keen interest by people tage taker and saying ‘‘We don’t want I believe the Prime Minister of
representing States that sell natural you to do this, and we have your hos- Ukraine is exactly right.
gas. This is not so much about national tage’’ and then going ahead and shoot- The Nord Stream 2 gas pipeline is
security; it is about protectionism. ing the hostage before you get what being built by Gazprom. For people
Acknowledging that this debate is you want. who aren’t familiar with that, Gazprom
only superficially about national secu- We should threaten sanctions. The is the Russian state-owned natural gas
rity and really more about provincial threat of sanctions has power. Once company. Now, the pipeline would dou-
protectionism helps us better under- you turn them on and you have no plan ble the amount of Russian gas going to
stand the dynamics. to turn them off, you have no leverage Germany via the Baltic Sea.
History demonstrates that trade and over Russia and you do nothing. This pipeline is an existential threat
interconnectedness between nations is The commitment or the agreement to our ally Ukraine. It is a threat to
a barrier to war. Engaging in mutually between Germany and the United our allies in Europe as well.
beneficial commerce, coupled with a States—the agreement says, ‘‘This Right now, Vladimir Putin has mobi-
potent military deterrence, is the com- commitment is designed to ensure Rus- lized 100,000 troops on the border of
bination that best promises peace. sia will not misuse any pipeline, in- Ukraine. He can afford to do this be-
Over the past decade, Congress and cluding Nord Stream 2, to achieve ag- cause he is flush with cash. Rising en-
Presidents have heaped sanctions on gressive political ends’’ or they will be ergy prices and reduced American pro-
Russia and China. When I have asked met with sanctions. This could be a de- duction mean Vladimir Putin has hit
SSpencer on DSK126QN23PROD with SENATE
the State Department officials who terrence. the energy economic jackpot. The
come before our committee to reveal The more countries that got together world is now more dependent on Rus-
what behavioral changes have come and said this—an international com- sian oil and energy. If gas starts to
about as a result of sanctions, I have munity of sanctions can have some ef- flow through this pipeline, Vladimir
often gotten blank stares. fect. One-country sanctions, particu- Putin will get even richer, more power-
Now, the sanctionistas want to sanc- larly against its ally, Germany, will ful, and the world will become even
tion an already completed pipeline. have no effect. more dependent on him, the dictator.
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S210 CONGRESSIONAL RECORD — SENATE January 13, 2022
Vladimir Putin uses energy as a geo- Let me provide a few recent exam- the Russians use energy—particularly,
political weapon. He uses energy to co- ples. natural gas, as a weapon.
erce our allies and our partners in Eu- If you look at this map, one pipeline So how have we been doing on this?
rope. that is actually not depicted is the so- Well, at the end of the Trump adminis-
Stopping this pipeline should be an called Brotherhood Pipeline from Rus- tration, we were in a very good posi-
area of bipartisan agreement. In fact, sia into Ukraine, and it goes into Eu- tion on European energy security in
it was an area of bipartisan agreement rope. The Russians have cut off sup- two key areas. First, as Senator BAR-
in this very body until Joe Biden be- plies of natural gas on that and other RASSO mentioned, we had strong—very
came President. Many Democrats in pipelines going through Ukraine in strong—bipartisan support with regard
the body voted for sanctions the first 2006, in 2008, in 2014, and in 2015. to Nord Stream 2 sanctions, on its con-
time around. Even Joe Biden opposed In Moldova, shortly after the defeat struction and operations. We had over-
the pipeline before he became Presi- of a pro-Russian Government and the whelming Republican and Democrat
dent. election of a pro-Western one, Russia support for the sanctions that we are
Congress has overwhelmingly passed did what they normally do. They cut going to be voting on today in the 2021
several pieces of bipartisan legislation off gas to that country. NDAA and in the 2020 NDAA—very big,
imposing sanctions on this Russian And it is not just impacting coun- very bipartisan.
pipeline. Yet the Biden administration tries like Ukraine. When these gas sup- Another reason we were set up very
refuses to implement these laws. plies were cut off by Russia—because well, in terms of Eurasian energy secu-
The Biden administration has now Vladimir Putin was angry about some- rity, is at the end of the Trump admin-
been actively lobbying this body and thing—it impacted over 18 EU coun- istration we had achieved a long-
actively lobbying Congress against this tries with regard to those cutoffs. And standing bipartisan goal of American
bill. Democrats must think it would it is happening even today. national security, economic security,
give Putin what he wants. I don’t get Just yesterday, the head of the Inter- and energy security. What was that?
it. They think that if you give Putin national Energy Agency in Paris said Energy independence. We, once again,
what he wants, then he is going to play that Russia is already, right now, stra- had become the world’s energy super-
nice. That is not going to happen. tegically limiting natural gas to Eu- power.
Every American President must nego- rope during this very cold winter to What do I mean by that—largest pro-
tiate from a standpoint and a position pressure European nations not to sup- ducer of oil, bigger than Saudi Arabia;
of American strength. Vladimir Putin port Ukraine as the Russians amass largest producer of natural gas, bigger
is cunning, opportunistic, and aggres- tens of thousands of troops on their than Russia; one of the biggest pro-
sive. He respects strength, not state- border as we speak. ducers of renewables in the world. This
ments. When he sees an opportunity, For these reasons, it has been the is a bipartisan goal.
he takes it. He can smell the weakness. longstanding bipartisan American pol- With regard to European security,
The pipeline will mean an enormous icy to do two things as it relates to en- why was that so important? Because it
transfer of wealth—wealth from our al- ergy security: First, we have sought, answered a huge question that the Eu-
lies to our enemy. It will make our al- dating back to the 1980s, to block im- ropeans often said: If we are going to
lies weaker, and it will make Putin plementation of major pipelines from block Nord Stream 2, Russian gas into
stronger. If Putin gets stronger, we Russia—from the then-Soviet Union
know he will get even more aggressive. Germany and other places in Europe,
into Europe. The Reagan administra- where are we going to get the gas?
It is time now for this body to stand
tion did this with sanctions in 1982, and Well, we had an answer: You are going
up—stand up against Russia. It is time
to sanction this pipeline. we have continued to work this ele- to get your gas in America.
I yield the floor. ment of our policy. The other element Our exports in LNG, liquefied natural
The PRESIDING OFFICER. The Sen- of American bipartisan policy, as it re- gas, surged to take care of this prob-
ator from Alaska. lates to European energy security, has lem. This is a good thing.
Mr. SULLIVAN. Mr. President, I been to help countries—former Soviet In terms of the environment and cli-
want to commend my colleague from Union countries, particularly in the mate, U.S. LNG exports to Europe have
Wyoming Senator BARRASSO, who has Caspian and Central Asia area—to pro- a 41-percent lower emissions profile
been a leader on so many of these vide their own energy outlets, in terms than Russian gas and pipelines to Eu-
issues, and Senator CRUZ on his bill, of natural gas and oil, to Europe rope. So it is good for the environment,
this important piece of legislation that through the southern corridor—the climate, national security, energy se-
we are going to be voting on here in a BTC Pipeline. curity.
couple hours. These are all areas that Democrats And here is another area. This big
This Nord Stream 2 sanctions bill is and Republicans have been involved production of American energy was
not just about the immediate crisis in with in terms of energy supplies to our something that the people who know
Ukraine, but this would be a continu- European allies that don’t go through Vladimir Putin best knew that it was
ation of long-term bipartisan American Russia. Some of the diplomacy here on one of the biggest things we could do.
strategy as it deals with Russia, energy these pipelines started with the Clin- A couple of years ago, I was in a
security, and American security. So I ton administration, which did a very meeting with my colleague whom we
want to provide a little broader con- good job on this. I had the opportunity, miss very much here, Senator McCain,
text to that bipartisan strategy and as an Assistant Secretary of State in and a Russian dissident—a very famous
put this debate and vote that we are charge of economic and energy issues Russian dissident. And at the very end
having here today into that context. in the Bush Administration, to lead ef- of the meeting, I asked: What more can
The U.S. commitment to European forts on these southern corridor pipe- we do to undermine the Putin regime?
security, as we all know, is ironclad. lines, and they were successful. Right Do you know what he said to me? He
We fought two world wars and a cold now, these pipelines are providing en- looked me in the eye, without hesi-
war to protect our interests in a free ergy to our allies in Europe. They don’t tation, and said: Produce more Amer-
and open Europe. We expanded NATO go through Russia. They start in coun- ican energy. That is the No. 1 thing
to secure those gains and to prevent tries like Azerbaijan, go through Geor- that you can do to undermine the
Russia from ever building a new empire gia, go through Turkey. This has been Putin regime.
that could threaten us or our allies. very bipartisan, supported by the Sen- And we did it. We did it.
As we all know, Russian power is not So these are all things, in addition to
SSpencer on DSK126QN23PROD with SENATE
ate, and the Russians hate this. They
just a function of military power; to hate it. strengthening our own military, in ad-
the contrary, Vladimir Putin and the Why? Because it doesn’t give them dition to giving the Ukrainians Javelin
Russians for decades have been using any control over energy into Europe. missile systems—all of these things
energy in terms of power and energy as So, as I mentioned, today’s vote is were putting us in a good position.
a weapon. As a matter of fact, it is actually part of a long-term bipartisan Putin seemed very much in a box and
their weapon of choice in many in- American strategy for decades that we certainly wasn’t threatening Ukraine
stances in Europe. have been pursuing because we know with tens of thousands of troops on the
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January 13, 2022 CONGRESSIONAL RECORD — SENATE S211
border. Where are we today on these necticut, with a lot of these argu- ported in the press that both of them
key areas that I just mentioned? ments. And I respect him, a thoughtful actually supported Nord Stream 2 sanc-
Well, we are not in such good shape. voice on foreign policy. I don’t always tions.
In terms of energy independence, this agree with him, but he is a serious Here is the thing on that argument.
administration seems focused on actu- voice. But his arguments on this issue It is actually hard to tell what the Ger-
ally destroying the production of right now are not very persuasive or mans really want. In fact, what the
American energy—oil and gas in par- powerful. Here is the thing he is saying Germans really want seems to be
ticular. I guarantee you, the dictators right now: This isn’t about Russia. I changing by the hour. There was a re-
in Moscow as well as in Beijing can am quoting Senator MURPHY. This is cent change in government in Ger-
hardly believe their luck. It seems like about ‘‘a Cruz-Trump agenda to break many, and the new Foreign Minister
President Biden wants to undermine up the Atlantic alliance.’’ A Cruz- herself has said that the country
the very bipartisan goals we had for Trump agenda to break up the Atlantic should not grant Nord Stream 2 regu-
decades—American energy independ- alliance. latory approval in order to resist ‘‘Rus-
ence and the United States as the Now, look, he is clearly trying to sian blackmail’’ on energy prices. This
world’s energy superpower again. make a boogeyman here, the so-called is the current Foreign Minister of Ger-
Just think about what he is seeing: Cruz-Trump agenda. But serious people many.
canceled pipelines, the Keystone Pipe- who have been working on these issues It is also important to remember
line, Canada and United States, and for decades know that what we are where the rest of the European Union
the President is green-lighting Nord doing today is a continuation of long- is. There is broad opposition in Europe
Stream 2; killing energy production in term bipartisan support for really im- on Nord Stream 2. The European Par-
great States like mine. Just Monday, portant energy security policy for the liament voted last year, on an over-
there were more obstacles to produce United States and our European allies. whelming, cross-party basis—581 to
energy in Alaska, and now we are im- This is continuing that longstanding 50—in favor of canceling the entire
porting two times as much oil from approach. project in the wake of the arrest of
Russia as we were a year ago. That is You know, in his quote on the Cruz- Alexei Navalny, a Russian democracy
helping Putin, hurting the United Trump agenda, he said: This is actually leader whom Putin first tried to kill
States. about keeping the Atlantic relation- before locking away in prison. The Eu-
What about Nord Stream 2, where we
ship going to ‘‘save Ukraine from an ropean Parliament has voted at least
looked so strong just in the past few
invasion.’’ To save Ukraine from an in- four further times on other resolutions
years, with this body, in a strong bipar-
vasion. to call on the EU to halt this very
tisan way, sanctioning that pipeline
But where is the President of project, which is what we are looking
right there. President Biden has green-
Ukraine on this issue? What does the to vote on today.
lighted it. Finally, outsourcing this very impor-
But we don’t have to. That is the President of Ukraine, who knows a lit-
tle bit about power politics and Putin, tant foreign policy, national security,
point of this vote today. Again, this
think about what we are doing today? American issue to the Germans is sim-
vote is not just about the current crisis
in Ukraine; it is about continuing a He supports sanctions. He supports ply not wise. The Germans have not al-
long-term bipartisan approach to Eur- sanctions on Nord Stream 2. ways been so clean or levelheaded when
asian energy security that would make That is where Senator MURPHY is it comes to Russian gas, Gazprom, and
our European allies less vulnerable to starting to dig a little deeper on his Nord Stream 2. What am I talking
Russian energy blackmail, which has weak arguments and trying to provide about? Well, of course, I am talking
not only gone back decades, it is lit- cover for his colleagues who are going about the former Chancellor of Ger-
erally happening right now. Just lis- to change their vote. He had to respond many, Gerhard Schroder—one of the
ten, as I mentioned, to the Inter- on where President Zelensky of biggest betrayers of the West, cer-
national Energy Agency’s report yes- Ukraine was. Here is what Senator tainly, in the last century. He left his
terday on this topic. MURPHY said about that: chancellorship to become Putin’s
To be honest, it is also about a more I’m a big supporter of President Zelenskyy. Gazprom lapdog. He is the main lob-
political question, this vote today. But often he misreads American politics. byist who is pushing Russian gas all
Many of my Democratic colleagues And I think it would have been better for over Germany and Europe. He is an em-
him to have stayed out of this one. barrassment to the Atlantic Alliance.
suddenly became very hawkish against
Russia and Putin on these issues and Wow. He has been the chairman for many
other issues during the Trump years, So, as to the leader of the country, years of Gazprom. This is the former
and I welcomed their conversion to a right here, whom many of us think this Chancellor of Germany. Of course, he
more hard-line approach. But it always is all about, who certainly knows what has influenced Germans to say this is
begged the question, was that more Russian energy power politics are good. He has made millions doing it, by
hawkish conversion a principled one about since he has been on the pointy the way. He should be sanctioned with
because they realized being tough on end of that weapon many times, we other Putin cronies.
Putin, in terms of energy and our mili- now have a Senator saying: President At the end of the day, this shouldn’t
tary, was the best way to achieve Zelensky, sit down. Be quiet. Stay out be outsourced to Germany. What we
American national interests or was of this one. We don’t want to hear from need to do is to take a vote on what is
this conversion more of a temporary you even though this is about ‘‘saving’’ right for American national security,
one, depending on who occupied the your country—unless, of course, you and a vote that sanctions this pipeline
White House? I hope it is not the lat- support his position on Nord Stream 2. would be consistent with long-term,
ter, but today’s vote will answer that So these are very weak arguments by very bipartisan, American-Eurasian en-
for some of the Senators who are look- the Senator from Connecticut. ergy security policy.
ing to change their recent votes. The most legitimate argument I have Make no mistake, my colleagues:
But, clearly, some of my colleagues heard some of my Democratic friends Nord Stream 2 is Putin’s pipeline. Let’s
just a few years ago, who were voting make on switching their vote on their not make it his lifeline. I encourage all
to sanction and stop the Nord Stream 2 previous Nord Stream 2 sanctions is of my colleagues to do what they have
Pipeline and were sounding very tough that the Germans—a very important done recently, in the last couple of
on Vladimir Putin and Russia, are now ally; we all agree on that—don’t want years, which is to vote in an over-
us to apply Nord Stream 2 sanctions. whelming, bipartisan manner to sanc-
SSpencer on DSK126QN23PROD with SENATE
in a bit of a quandary if they vote dif-
ferently today. So, not surprisingly, OK. That is an argument we should all tion the Nord Stream 2 Pipeline.
they are making arguments to ration- consider, and this is what I have heard I yield the floor.
alize this new position, and I would Secretary Blinken and National Secu- The PRESIDING OFFICER. The Sen-
like to review, briefly, just a few of rity Advisor Sullivan have been telling ator from Nebraska.
those. Senators this week as they lobby FILIBUSTER
Senator MURPHY has been down on against this vote we are going to take, Mr. SASSE. Mr. President, first, I
the floor, the junior Senator from Con- although, early in the year, it was re- want to commend the senior Senator
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S212 CONGRESSIONAL RECORD — SENATE January 13, 2022
from Arizona for an extraordinary Biden really believes that Jim Crow is of elections are what stopped last
stand of courage and just a great the same thing as a lot of States that year’s attempt to steal an election.
speech on the floor a few minutes ago. have decided to reconsider some of It makes absolutely no sense to try
I rise today to defend the filibuster their COVID expansion policies around to go into nuclear partisanship now
again from the latest round of attacks. voting—that Jim Crow and redelib- when we should actually be talking
I did this repeatedly in the last admin- erating about COVID expansions are about how you prevent another Janu-
istration, earning the ire and frustra- the same thing—he needs to make that ary 6 by doing the hard and actual bi-
tion of a President of my own party argument in person. partisan work—not the grandstanding
over and over again as I defended the If JOE MANCHIN is really as big a rac- for Twitter but the hard and bipartisan
Senate’s purpose and the super- ist as Joe Biden apparently thinks and work of reforming the Electoral Count
majority requirements that forge a if KYRSTEN SINEMA is really a racist—if Act, which is 130 years old and obvi-
consensus in a big, broad, diverse, con- that is what animates KYRSTEN ously doesn’t work that well. We
tinental nation. Today, I rise to defend SINEMA—in the eyes of Joe Biden, he should reform the Electoral Reform
the filibuster again when it is a Presi- should have the courage to say that to Act.
dent of the other party who has decided their faces. He is not going to say that This is about the subversion of an
to go full demagogue. to their faces because he doesn’t be- election, not the suppression. There are
For his entire career in the Senate— lieve it. Ron Klain has an army of real problems in our electoral system,
basically, Joe Biden served in this body Twitter trolls that he has decided are and we could be doing work to actually
as long as I have been alive, plus or reality, and he has decided to have fix that and try to stop the institu-
minus a few years—Joe Biden was a President Biden become something tional arsonists in Congress who want
stalwart defender of the filibuster. He completely different than the person to build political brands on the wreck-
said that weakening the filibuster who ran for office last year or who age of American institutions. We could
would ‘‘eviscerate the Senate.’’ But served for decades in the U.S. Senate. do real work. The President decided to
earlier this week, the President was In fact, if Joe Biden really believes do something completely different this
pushed around by a bunch of rage-ad- that JOE MANCHIN and KYRSTEN SINEMA week.
dicted 20-somethings on his staff and are bigots, why has he not called for Here is the silver lining. President
agreed to go down to Georgia and just them to be kicked out of his party? If Biden, Leader SCHUMER, and everybody
read whatever nonsense they loaded they are as racist as Bull Connor and in this body know that the charade we
into his teleprompter. It was shameful. Jefferson Davis, why does Joe Biden have been going through for the last 3
It was sad. want them in his party? days is great for the 11⁄2 percent of peo-
The President of the United States The stuff he said in Georgia is non- ple addicted to rage on Twitter. I get
called half of the country a bunch of sense, and you wouldn’t say it to reg- it. There are 11⁄2 percent of people who
racist bigots. Think about that—half ular Americans in New Jersey or West get their jollies out of this. It is bad for
the country a bunch of racist bigots. Virginia or Arizona or Nebraska be- America, and it is just as undermining
He doesn’t believe that. This was a se- cause it is not true. of the public trust in elections as what
nile comment of a man who read what- In fact, if Joe Biden really believes Donald Trump did last year.
ever was loaded into his teleprompter. that LISA MURKOWSKI is George Wal- But here is the thing: Everybody
His speechwriters puppet-mastered lace, if TIM SCOTT is Bull Connor, if going through this charade knows that
him into saying that anyone who dis- SUSAN COLLINS and I are Jefferson it dies this weekend. Why? Because
agrees with him is George Wallace, Davis, I would hope he would have the Members of the Democrats’ own con-
Bull Connor, Jefferson Davis. If you guts to come and say it to our faces, ference know that there is no exception
disagree with Joe Biden, you are Jef- but he will not because this is to the way the Senate rules work.
ferson Davis. It is pretty breathtaking. performative politics. It was nonsense, Every single Senator knows that the
Equating millions of Americans to and everybody knows that it goes away filibuster is not going to die this week-
some of the ugliest racists in all of after this weekend. end, and every Senator knows that, if
American history isn’t just overheated But CHUCK SCHUMER might have a it would, the nonsense rhetoric about
rhetoric; it is a disgusting smear. Does primary from AOC, so it is really use- one exception—it is like losing your
President Biden really believe this in ful to shift the blame for his disastrous virginity just once—is not really how
his heart of hearts? Based on the con- leadership of the Senate over the last it works. Once the filibuster goes for x,
versations I have had with him over 13 months from himself to KYRSTEN it goes for y, and it goes for z. Today,
the years, I don’t think he believes this SINEMA and JOE MANCHIN. That is real- it is election centralization. Tomorrow,
at all. ly what is happening right now. it is gun politics. The next day, it is
So let’s go back to last year. Can- President Biden ought to have the climate debates. Every red-hot issue in
didate Joe Biden ran for office, prom- courage to stand up to his own staff, American culture and American poli-
ising that he would unify the country. and he ought to be enough of a man to tics would be in the same exception be-
That is why the man was elected—be- apologize to the Senate and to the cause every issue would be just as ur-
cause he said that the crap we went American people for the nonsense he gent next week, next month, and next
through the last 4 years was wrong. He said in Georgia. The vast majority of year.
said he was going to try to unify the what he said in violating the Ninth Fortunately, Senator MANCHIN knows
country, but now he has decided to sur- Commandment and disparaging people this, Senator SINEMA knows this, and
render to a tiny, little far-left group in was not what he really believes, and he by the way, a whole bunch more col-
the mistaken belief that the loudest wouldn’t say it to me face-to-face. This leagues of mine in the Democratic
voices on Twitter actually represent fiasco was ugly, and it was entirely un- Party also know this. They just don’t
America. necessary. have as much courage to say it in pub-
It would be useful for us to pause and It makes no sense to federalize our lic as those two. A whole bunch of my
recognize that the overwhelming ma- elections right now. By the way, you colleagues—I tried to count this morn-
jority of all political tweets in America can differ with me about that. You can ing; it is between 15 and 18 of my col-
come from less than 11⁄2 percent of believe that federalizing all elections is leagues in the Democratic Party—have
Americans. Let’s just say that again a good idea—it is in our constitutional privately told me they regret following
because there are a bunch of morons system—but to demonize people as rac- Harry Reid over the tribalist cliff in
ist bigots because they are not in favor the summer of 2013 for just the one ex-
SSpencer on DSK126QN23PROD with SENATE
around this building who have decided
to take their Twitter feed as reality. It of federalizing the elections is a pretty ception of judicial confirmations to the
is not reality. bizarre leap. DC Circuit Court of Appeals. I think 15
What the President said in Georgia So let’s just review a little bit of his- to 18 Democrats have privately told me
was nonsense, and Joe Biden, with his tory. Last year, we had a President they regret this. Why? Because that
decades in the U.S. Senate, knows that. who disgraced his office by trying to one-time exception is now how the en-
The President will be coming to Cap- steal an election. What stopped that? tire Executive Calendar works. Every-
itol Hill in the next hour. If President Our decentralized State-based systems body knew, when Harry Reid set this
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January 13, 2022 CONGRESSIONAL RECORD — SENATE S213
place on fire in 2013, that that was that hallway. We have a House of Rep- about. I am for lots of transparency. I
what it was going to produce and that resentatives already. Does anybody am for pen-and-pad reporters every-
the exact same thing would happen on want to make the argument that that where. But the cameras we have put in
the legislative calendar with the sup- place is healthier than we are because this place have encouraged so much
posed one-time carve-out for the legis- it is a simple majoritarian body? No, it demagoguery. That is so much of the
lative filibuster. is plain to see, in an age of problem of why we have so much trib-
Let’s remember what this institution hyperpartisanship and social media alism here and tribalism more broadly
is for. What the Senate is supposed to grandstanding, that the House is being in the country.
be about is we are supposed to be the more and more ruled by demagogues And if you eliminate the filibuster,
one part of Congress and the one part and dolts. That is not what the Senate you accelerate all those most destruc-
of the American Government that is called to do. tive, short-term performative trends.
thinks beyond a 24-month window. It is The Senate is supposed to be a dif- You encourage more rank partisanship,
the job of the people who serve in this ferent place. The Senate is supposed to and you discourage consensus, com-
body—only 100 people right now and be the place where passions are tem- promise, and collaboration.
only, I think, 2,100 people across 230- pered and refined by people who are re- Friends, please do not—like the
some years of U.S. history. Only 2,000 sponsible for thinking beyond our next President did in Georgia this week—
people have had the honor of serving election, which is why every election surrender to the angriest voices on so-
our States in this body. It is supposed cycle in America only has one-third of cial media in the mistaken belief that
to be our job to take the long-term Senators even up for reelection. That is they reflect the majority of America.
view, not just 24 hours of Twitter. We the whole reason we have 6-year terms. They don’t. They reflect the majority
are supposed to think beyond the 24 If I had my will, I could be King for a of Twitter.
months of the next election. That is day and write some constitutional Political Twitter is like the ninth
what our job is supposed to be. amendments and pass them. I would most popular topic on Twitter. K-pop
There are a lot of people around this have a single 12-year Senate term, and music is exponentially more popular on
place who apparently can’t think be- everybody would be out of here. It is a Twitter than politics. The share of
yond 24 hours right now. That is their little bit longer than 6 years, but one Americans paying attention to polit-
right, but they shouldn’t be Senators term, no reelection, and get back to ical Twitter bounces around between
because the purpose of this place is life, go back to serving in your commu- one-tenth and one-sixth. And some-
supposed to be to take a long-term nity. thing like 80 percent of all political
view. If you get rid of the filibuster, you tweets come from under 2 percent of
Some of my colleagues are convinced will turn the Senate into the House, the public. We should remind ourselves
that Americans are polarized because and you will ensure that this body, too, of that again, and again, and again, be-
Congress doesn’t act more or faster, ends up consumed by demagogues, cause there are people here who regu-
and they think that the solution is, conspiracists, and clowns. That is what larly mistake Twitter with reality and
supposedly, to eliminate the filibuster. will happen in this body. The American with the American public. We are
They are kidding themselves. That people don’t have time for that crap. called to serve the American public.
would not extinguish the fires of red- Nobody wants that. We are not called to serve rage-ad-
hot tribalism in this country. It would Americans don’t want one-party rule, dicted people on social media.
throw gasoline on them. Addressing by the Democrats or by the Repub- Now, perhaps more than ever, it is
the real tribal disease in America re- licans. Both of these parties are really our job to stop giving ear to political
quires a Senate that becomes less trib- crappy. The American people are not arsonists who would burn down our in-
al, not more tribal. fans of these political parties. stitutions and intensify our divisions.
Senator SINEMA’s speech should be Getting rid of the filibuster means Now is the time for us to think to-
commended to every Member of this you don’t have to try to talk to people gether over the long-term how we
body to go back and read. She said on the other side of the aisle and get to renew those institutions.
there are two fundamental questions a 60-vote threshold for legislation or a The filibuster is a part of what can
before us today. One is, Where does the 67-vote threshold for rules changes. It lead us to broader consensus, and
descent into tribalism in this institu- means that one of these two terrible eliminating the filibuster will accel-
tion ultimately land? And what can parties gets to do a lot more stuff a lot erate the political arson around this
each of us do to stop that? faster that will inevitably be incred- place and across our land.
Those are the two big questions that ibly unpopular with the American peo- Senate, we can do better.
she said should be before us today. ple. f
Getting rid of the filibuster means The American people do not want
this: It means that you turn one razor- revolution. They do not want funda- RECESS
thin majority imposing its will on the mental change. What they want is The PRESIDING OFFICER. Under
American people and on legislation competence. What they want is more the previous order, the Senate stands
into a pendulum-swinging, another honesty. What they want is less in recess until 2:15 p.m.
razor-thin majority, 24 months later, performative grandstanding. Thereupon, the Senate, at 1:21 p.m.,
that sweeps all of that aside and jerks Institutions like the Senate provide recessed until 2:15 p.m. and reassem-
the American people around to the op- frameworks and processes for com- bled when called to order by the Pre-
posite legislation of what was just petent, responsible self-government, siding Officer (Mr. DURBIN).
passed 50–50—51–50 in today’s Senate. for more honesty. We are not living up f
And all of it flips 11 months from now, to it right now, but we could live down
PROTECTING EUROPE’S ENERGY
and the legislation all gets undone, and to something worse, and ending the fil-
SECURITY IMPLEMENTATION
new legislation gets put in place. ibuster would accelerate that. It would
ACT—Continued
Do you really think regular folks in accelerate tribalism. It would accel-
New Jersey and Nebraska want that? erate people following Senators into The PRESIDING OFFICER. The Sen-
Hardly any of them want that. bathrooms, screaming at them, trying ator from Texas.
Imagine what the current situation to bully them. It will not lead to more S. 3436
would look like if you have that feder- productive, compromise legislation Mr. CRUZ. Mr. President, in a few
ally imposed whiplash on our most sen- that tries to bring along a larger share minutes, the Senate is going to take a
SSpencer on DSK126QN23PROD with SENATE
sitive issues inside every 24 months. We of the American public. vote of incalculable importance to our
think tribalism is bad now. I guarantee The rules and the norms of this place national security, to the future of our
you can make it worse. And elimi- have been built up over a very long allies in Europe, and to the very exist-
nating the filibuster accelerates that time, and they exist to discourage dem- ence of the nation of Ukraine.
descent into tribalism. agoguery. Putting cameras in every Right now, Vladimir Putin has as-
There is a place, of course, where room we are in around here tries to un- sembled over 100,000 troops on the bor-
simple majorities rule. It is right down dermine so much of what the Senate is der of Ukraine. More troops and more
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