November 12, 2019 CONGRESSIONAL RECORD — SENATE S6491 EXECUTIVE SESSION the American people that the Dreamers is not only already serving as an Under are the reason they are not doing well, Secretary in an acting capacity, but which is despicable—these hard-work- President Trump has named him as the EXECUTIVE CALENDAR ing and patriotic Americans are haunt- incoming Secretary of DHS in an act- The PRESIDING OFFICER. Under ed by the possibility they could be ing capacity. President Trump never the previous order, the Senate will pro- forced to leave this country at any mo- bothered to nominate a replacement ceed to executive session to resume ment—be pulled away from their fami- for departing DHS Secretary consideration of the following nomina- lies, their jobs, their homes. It is cruel. McAleenan, who left yesterday. Yet the tion, which the clerk will report. It is counterproductive. It undermines Senate is being asked to confirm some- The legislative clerk read the nomi- American values and all that America one to a job he is not even going to per- nation of Chad F. Wolf, of Virginia, to stands for. form. Indeed, if Mr. Wolf is confirmed, be Under Secretary for Strategy, Pol- Thankfully, one of the first things we may never vote on who will be the icy, and Plans, Department of Home- the House Democrats did when they actual Secretary of DHS, which is a land Security. (New Position) won the majority was to pass a perma- major Cabinet-level department. This is completely unacceptable. The Mr. MCCONNELL. I suggest the ab- nent legislative solution for DACA re- administration is having trouble find- sence of a quorum. cipients and TPS holders. It is legisla- tion I wholeheartedly support. Now it ing people to fill these jobs. They know The PRESIDING OFFICER. The the cruelty they will be asked to en- clerk will call the roll. is up to the Supreme Court to defend the program. It is up to Majority Lead- force, and they know that Donald The legislative clerk proceeded to Trump will treat them poorly. So he er MCCONNELL to bring the Dream and call the roll. can’t find anybody to take these posi- Mr. SCHUMER. Madam President, I Promise Act to the Senate floor. My good friend Senator DURBIN, who tions. Hence, we have this awkward ask unanimous consent that the order game of musical chairs. Rather than for the quorum call be rescinded. has been a champion for Dreamers for as long as I can remember, will ask for working with Congress to find a DHS The PRESIDING OFFICER. Without Secretary whom we could support, the objection, it is so ordered. the Senate’s consent this evening to take up these bills. I thank him for his Trump administration is trying a legal RECOGNITION OF THE MINORITY LEADER end-around that subverts our constitu- moral and continued strong leadership The PRESIDING OFFICER. The tional duty to advise and consent. on this issue. I could not agree more Democratic leader is recognized. Regardless of your ideology or views with what he is trying to do. It is time IMMIGRATION on immigration, my fellow Senators to do the right thing for Dreamers and should oppose Wolf’s nomination on Mr. SCHUMER. Madam President, enshrine DACA into law. today, the Supreme Court heard oral constitutional grounds. We will see how my Republican After the Senate considers Mr. Wolf, arguments in the case against the friends respond. After all, the House President’s decision to cancel DACA, we will consider the nomination of Ste- has done its job. Where are the Senate ven Menashi to serve on the Second the program that grants legal status to Republicans who claim to stand with over 600,000 Dreamers who were Circuit Court of Appeals. the Dreamers? We will see this evening. I have rarely met a nominee as low brought to this country through no From my home in Brooklyn, I can as Mr. Menashi. He has a troubling fault of their own, who voluntarily see the great lady in the harbor who record on race, women’s equality, came forward and registered with the welcomed my ancestors many years LGBTQ rights, and the rights of immi- government in exchange for protected ago. If America is to remain the great- grants. His conduct before the Com- status, who work in our factories and est Nation in the world and a beacon of mittee on the Judiciary was insulting, our hospitals, who teach and learn in hope and freedom for people every- and recent reports describe how, during our schools and serve in our military. where—a light among nations—we his tenure while working at the De- Before the highest Court in the land, must live up to our best values. That partment of Education, he played a President Trump and his administra- means we must stand totally and leading role in designing an illegal ef- tion cruelly argued that these Dream- wholeheartedly with the Dreamers and fort to deny debt relief to thousands of ers do not belong in America and must all 11 million who now live in the shad- students who had been swindled by for- be ripped away from their families and ows. profit colleges. That is right. The Sen- sent back to countries that many of NOMINATIONS ate is going to be asked to confirm them do not even remember. Madam President, on nominations, someone, Mr. Menashi, to be a judge The President once tweeted: ‘‘Does we are here at the beginning of another who designed an illegal scheme to deny anybody really want to throw out good, week in the Senate. As is the norm debt relief so as to defraud students. educated and accomplished young peo- under Leader MCCONNELL, we will not The man has no principles. The man ple who have jobs, some serving in the be debating legislation like the Dream has no conscience. The man has no military? Really!’’ Now the same Presi- Act in order to improve the lives of av- morals. He should not be on the bench. dent is saying some Dreamers are erage Americans. Instead, we will vote AGENT ORANGE ‘‘very tough, hardened criminals,’’ and on another slate of controversial Madam President, finally, about our his administration has argued they Trump administration nominees. veterans and Agent Orange, yesterday, should be deported. Donald Trump’s First up is the nomination of Chad our Nation observed Veterans Day. It hypocrisy when it comes to Dreamers Wolf to serve as an Under Secretary at was a chance for all of us to say thank knows no bounds. After flip-flopping the Department of Homeland Security. you to the millions of brave Americans again and again on the issue and after Mr. Wolf has had leadership roles with- who have served our country. It was a failing to lead an effort to pass com- in the DHS through much of Trump’s day not only to celebrate their achieve- prehensive immigration reform, it is Presidency and has troubling ties to ments and express a deep and abiding abjectly shameful that President President Trump’s disastrous family gratitude for their service but also to Trump is trying to get the Supreme separation policy, the Muslim ban, and recognize that for many veterans, sac- Court to do his dirty work and put the the national emergency declaration at rifices have come as a result of mili- Dreamers under threat of mass depor- the southern border. Despite testifying tary service and that those sacrifices tation. that he was not involved in the family are not yet over. I want to shed light When the DACA Program was estab- separation policy, Mr. Wolf reportedly on one particular issue today. lished in 2012, under a long tradition of suggested the policy in a memo he sent There are now hundreds of thousands administrative discretion, it changed to then-Attorney General Sessions. He of veterans who suffer from diseases the lives of thousands and thousands of is ashamed to admit it. He knows it that have been linked to Agent Orange, Dreamers for the better, and it made was wrong, but he did it anyway. This which is a chemical that was used by our country better. Yet, because of man does not deserve to be an Under our military during the Vietnam war. President Trump and his relentless Secretary at DHS. One’s exposure to Agent Orange can scapegoating of immigrants—his cyn- The circumstances of Mr. Wolf’s lead to a host of complications—diabe- ical use of trying to tell too many of nomination are also very strange. Wolf tes, leukemia, and more. The VA has

VerDate Sep 11 2014 01:29 Nov 13, 2019 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.003 S12NOPT1 dlhill on DSKBBY8HB2PROD with SENATE S6492 CONGRESSIONAL RECORD — SENATE November 12, 2019 long provided benefits to veterans who honor our vets—I demand that Chief of That is not the way we should be suffer from these conditions. It has Staff Mulvaney reverse this cruel and treating somebody who has just spent provided healthcare and compensation unfair decision immediately. the last 5 weeks thumbing his nose at so as to help to defer the hardships vet- I yield the floor. the United States, undermining our in- erans have faced from the wounds from The PRESIDING OFFICER. The Sen- terests, endangering our allies, which they still suffer after having ator from Maryland. strengthening Russia, Assad, and Iran, been on the battlefield. TURKEY AND SYRIA and increasing threats to our ally In response to more recent studies, in Mr. VAN HOLLEN. Madam Presi- Israel. 2017, VA Secretary Shulkin decided to dent, I start by thanking the Demo- It sends a terrible message to the add bladder cancer, hypertension, Par- cratic leader for his leadership in rais- world: Go ahead and undermine the na- kinson’s-like symptoms, and ing those important issues before the tional security interests of the United hypothyroidism to the list of Agent Or- Senate this afternoon. States, and the President of the United ange-related conditions that are eligi- I bring another issue before the Sen- States will invite you over for dinner. ble for benefits, which would have im- ate, that being my strong opposition to I have teamed up with Senator GRA- proved the lives of 83,000 vets. President Trump’s shameful decision HAM and others on a bipartisan basis, Shockingly, once again, within this to invite Turkish President Erdogan to and I want to thank the Presiding Offi- cruel administration—it doesn’t even the White House tomorrow. It is a deci- cer for her support on that sanctions care about our veterans—it was re- sion that has alarmed our allies and legislation to hold Turkey accountable. ported that OMB Director and White comforted our adversaries. It is a deci- Here is what Senator GRAHAM said House Chief of Staff Mulvaney has de- sion that undermines our values and about President Erdogan just 3 weeks cided to block benefits for these new our national security interests, and it ago: ‘‘If you want to get Erdogan’s at- conditions because he is worried about is a decision that sends a terrible mes- tention, you have to treat him like the sage to the world about how to get in- the cost. It is disgraceful. thug he is.’’ That is Senator GRAHAM Let me repeat. vited to President Trump’s White speaking. Yet Erdogan, time and again Despite the recommendation of House. over the last 5 weeks and before, has President Trump’s VA Secretary and In just the last 5 weeks, Turkish essentially spit in the eye of the United the recommendation of the National President Erdogan has taken the fol- States, and now he is coming to Wash- lowing actions: No. 1, he has launched Academy of Medicine, Mulvaney has ington for a White House meeting. This an attack on a key ally of ours—in decided to block health benefits to sick is very difficult to explain. I am not fact, the key ally—in our fight against veterans. Many of these veterans are sure any of us has the answer as to why ISIS terrorists, that being the Syrian retired, and many don’t have a steady President Trump is doing this. Democratic Forces, led by the Syrian income. These benefits could make the The Washington Post had an article Kurds. No. 2, President Erdogan and his difference between life and death, but on October 17 headlined ‘‘In Turkey’s forces have killed over 200 in these at- Mick Mulvaney—the same Mick President, Trump seems to have found tacks, displaced over 300,000, and en- Mulvaney who thought $1.5 trillion was a soul mate.’’ If you read through the abled the release of over 100 ISIS pris- an acceptable cost to give billionaires article, you can see that President oners. No. 3, Erdogan is using jihadi Trump does seem to have an affinity and corporations in a giant tax cut, proxies that include a lot of al-Qaida for President Erdogan of Turkey, and which created a huge deficit—now be- elements, and they are committing clearly President Erdogan likes to get lieves that the cost of helping 83,000 gross human rights abuses, including on the phone with President Trump be- sick veterans is just too high. what the Trump administration has ac- This is incomprehensibly cruel. When cause whenever he does, President knowledged as being war crimes. There are the American people going to wake Erdogan seems to get his way. are also reports that the Turkish- Now he will come for a face-to-face up and see what the Trump administra- backed proxy forces are using the meeting, and I am sure President tion is doing? He gives tax breaks to chemical agent white phosphorus. No. Erdogan expects to get his way again. billionaires but no benefits to veterans 4, Erdogan and his forces have violated Why would he think that? Well, be- who are suffering from the result of the so-called safe zone agreement that Agent Orange exposure? cause the last time they talked, Presi- was reached by Vice President PENCE My home State of New York has dent Erdogan clearly took away from in Ankara a few weeks ago. After 240,000 veterans from the Vietnam era. President Erdogan entered into that the conversation that it was just fine Many of them were exposed to Agent with President Trump if Turkey at- agreement with Vice President PENCE, Orange without realizing it. Just yes- which has been violated, he turned tacked our Syrian Kurdish allies. terday, the Buffalo News profiled the around and decided to cut a separate President Erdogan clearly believed he life of Vietnam veteran Dick Gabel, deal with Putin and Russia, thereby had the green light. In fact, after they who was drafted into the Army at age giving Russia even more leverage than hung up from that phone call, Presi- 19. In his approximately 2 years of serv- it already had in Syria. dent Erdogan sent his forces and used ice, he was shot in the leg. He recov- In addition, Erdogan boasted that he proxy forces to attack our Syrian ered and was sent back to the war. He organized a hit squad to assassinate Kurdish allies, and President Trump lost many of his closest friends along the top commander of our Syrian Kurd- tweeted that we were withdrawing the way. After he came home, for dec- ish allies, General Mazloum. President some of our Special Forces from the ades, Dick worked with kids in his Erdogan did that even after President area—Special Forces that had helped hometown to make Veterans Day an Trump acknowledged that our Syrian deter Turkish aggression against our annual highlight, and he brought to- Kurdish allies had given us important Syrian Kurdish allies. gether hundreds of veterans to volun- information that had helped us to kill It is very rare for retired senior mili- teer at local schools. Just last year, he ISIS leader Baghdadi. In fact, Erdogan tary leaders in the United States to was diagnosed with leukemia, possibly has compared the military leader of criticize a sitting Commander in Chief, because of his exposure to Agent Or- our Syrian Kurdish allies—those who but the betrayal of our Syrian Kurdish ange. bore the brunt of the fight against allies and the terrible message that There are likely thousands of vet- ISIS—with the ISIS leader whom we sent around the world about the erans in New York who are like Dick— just killed, Baghdadi. President unreliability of the United States com- fighting illnesses that are directly Erdogan did all of that in just the last pelled many of those former leaders to linked to Agent Orange and their mili- 5 weeks. warn about the consequences. I think tary service in Vietnam. Yet, because What did President Trump do? it is important for the Senate to hear they got the wrong disease, the Trump Instead of calling upon the House and some comments from people who are administration is blocking their health the Senate to pass the economic sanc- respected for what they have done for benefits. tions bill that had been introduced, he our country. So today—a day after millions of rewarded Erdogan for all of those ac- ADM William McRaven, former com- Americans, myself included, marched tions with a coveted White House mander of the U.S. Special Operations in the parades across our country to meeting. Command, who worked with our Syrian

VerDate Sep 11 2014 01:29 Nov 13, 2019 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.006 S12NOPT1 dlhill on DSKBBY8HB2PROD with SENATE November 12, 2019 CONGRESSIONAL RECORD — SENATE S6493 Kurdish allies in the fight against ISIS, what Brett McGurk had to say: ‘‘I’ve The Syrian Kurds were totally out- said: ‘‘He’s’’—referring to President worked for three presidents and par- numbered by ISIS, and the Syrian Trump—‘‘obviously left our allies the ticipated in a number of foreign leader Kurds asked the United States for help. Kurds on the battlefield. . . . We feel calls. I cannot recall a President that It took us a little longer than it should like we’ve betrayed them. He’s under- seems to believe—and then parrots— have—took us weeks, not days—but we mined our NATO allies . . . the inter- whatever a foreign leader tells him on agreed to help supply our Syrian Kurd- national community has lost faith in the phone. Such information is often ish allies with weapons and equipment America.’’ That is from Admiral false, intended to influence more than in the fight against ISIS. McRaven. inform.’’ Yet what we saw was that We asked Turkey if they would help GEN Joseph Votel, former com- when President Trump hung up on that us supply weapons to the Syrian Kurds mander of U.S. Central Command and phone call with President Erdogan, he because Kobani is right there on the also somebody who has personal experi- essentially green-lighted that oper- Syria-Turkey border. Turkey refused. ence working alongside our Syrian ation. That is why President Erdogan President Erdogan said no. So the Kurdish allies in the fight against ISIS, likes to get President Trump on the United States, at greater risk to our said: ‘‘This policy abandonment threat- phone directly or talk to him directly, own forces, had to airdrop weapons and ens to undo five years’ worth of fight- which he is going to get a chance to do supplies into Iraq from U.S. aircraft, ing against ISIS and will severely dam- tomorrow. and with that help, our Syrian Kurdish age American credibility and reli- Probably the most damning of all the forces were able to stop ISIS from tak- ability in any future fights where we comments I have heard—and this was ing over Kobani and began to push need strong allies.’’ not unique, but it was unique in the them out and, again with our help, pri- General Petraeus, former commander way it was characterized—came from marily from the air, pushed them out. of U.S. Central Command and former the mother of a cadet at the Naval In that fight over the last 5 years, the commander of NATO’s mission in Af- Academy. What was interesting is that Syrian Kurds have lost over 11,000 men ghanistan and in Iraq, said: ‘‘Well, I she has been a loyal supporter of Presi- and women, soldiers and others. That think we have abandoned our Syrian dent Trump. She supported him, she is what they have lost in the fight with Kurdish partners. They took over 10,000 voted for him, and she stuck with him, us against ISIS. losses as the defeat of the Islamic but after the betrayal of our Syrian Turkey, on the other hand, not only State was carried out.’’ Kurdish allies, she said that she no did not lift a finger in that fight, but Secretary James Mattis, Secretary of longer could trust him and that she for the past 5 years and even more the Defense under President Trump and worried that her son at the Naval years before, they turned a blind eye to former commander of U.S. Central Academy would essentially be left to ISIS fighters transiting through Tur- Command, said: ‘‘In this case, if we the whims of a Commander in Chief key, so ISIS was growing stronger as a don’t keep the pressure on, then ISIS whom she could no longer trust. That result of their negligence. will resurge.’’ was all before President Trump invited I want to close by responding to Secretary Mattis made it clear that President Erdogan to the White House. those who say: Well, you know what, by abandoning our Syrian Kurdish al- What we should be doing is passing Turkey is a NATO ally, and so we lies, we gave more oxygen to ISIS. In tough economic sanctions. What we should invite President Erdogan over fact, we learned over the weekend that should be doing is holding Turkey and to the White House. ISIS was claiming responsibility for President Erdogan accountable for un- I see on the floor my friend and col- dermining our security and helping to the murder of an Armenian Catholic league, Senator DURBIN from Illinois, give new oxygen to ISIS. That is why priest and his son. Their funeral serv- and he, along with myself and others, the House of Representatives passed a ices are today. has made this point repeatedly. We bipartisan sanctions bill by a whopping Another former high-level U.S. mili- would like Turkey to be a strong NATO veto-proof vote of 403 to 16. That is why tary commander who has spoken is ally. Over the years of NATO alliance, Senator GRAHAM and I have introduced ADM James Stavridis. He is the former they have in the past been a good part- bipartisan sanctions legislation in the commander of U.S. European Command U.S. Senate, which has more than 14 bi- ner, but under President Erdogan’s and NATO Supreme Allied Commander partisan cosponsors and growing. I do leadership, they have taken Turkey in in Europe. Here is what he had to say: want to thank the Presiding Officer for a very different direction. ‘‘This is heart-rending for anybody who her efforts to hold President Erdogan The issue is not whether the United has shed blood, who has deployed for- accountable with this legislation. States wants Turkey to be a member of ward. . . . I’m getting so many inputs There is also other legislation intro- NATO; the question is, Does Turkey really want to stay in the alliance? Be- from all around the military . . . they duced by Senator MENENDEZ and Sen- know how this hurts at a very personal ator RISCH. cause everything they have done shows level. . . . It’s not only the betrayal of Here is what I know: The most im- they are violating the values and prin- the Kurds, it is the way it is going to portant thing is that this body, the ciples of our alliance. allow those embers on the floor of the Senate, should act right now. We have President Erdogan decided to pur- forest fire that we thought were out to the House bill sitting at the desk. We chase the Russian-made S–400 anti-air- kind of re-flash.’’ He is saying, in other have the bill introduced by Senator craft system against our strong objec- words, giving more oxygen to the ISIS GRAHAM and me sitting at the desk. tion. This is a system that would have embers that we were working toward Right now we should just pass those put our F–35 pilots at risk and under- extinguishing. sanctions bills and send a message to mined NATO security. President Gen. John Allen, former commander President Erdogan that while he may Erdogan said he didn’t care. He went of NATO International Security Assist- be going to the White House tomorrow, ahead with the S–400 purchase, and ance Force and U.S. Forces—Afghani- he does not have support in the Con- those S–400s are sitting in Turkey right stan, was even blunter: ‘‘There is blood gress. now. on Trump’s hands for abandoning our I have talked about Erdogan’s ac- He was willing to work with Russia, Kurdish allies.’’ tions for the last 5 weeks. I would like Iran, Assad to undermine our interests Those are from former top U.S. mili- to take us back 5 years from the period in the area. We have talked today tary leaders, patriots who fought with we are in right now. In the fall of that about how he attacked our Syrian our Syrian Kurdish allies in the fight year, mid-September 2014, ISIS ter- Kurdish allies. He has repeatedly against ISIS. rorist forces were encircling the Syrian threatened the European Parliament, There is also a statement from Brett Kurdish town of Kobani. Kobani is a European Union, with releasing refu- McGurk. So who is Brett McGurk? town on the Syrian side of the Turkey- gees if they do not cooperate with him Brett McGurk was the Presidential Syria border. ISIS was laying siege to and don’t turn a blind eye to the fact Envoy for the Global Coalition to that town. They had already taken a that he has locked up more journalists Counter ISIS. He had that position lot of the surrounding villages, and than any other country on earth, in- under the previous President and for they were closing in on this last Syrian cluding Iran, Egypt, North Korea, and President Trump for a time. Here is Kurdish stronghold. Saudi Arabia.

VerDate Sep 11 2014 01:29 Nov 13, 2019 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.007 S12NOPT1 dlhill on DSKBBY8HB2PROD with SENATE S6494 CONGRESSIONAL RECORD — SENATE November 12, 2019 So, Madam President, the fact that less than 500 employees. However, Our investigation is but a first step. the President of the United States has counterfeits are increasingly threat- I will continue to use my oversight au- invited Erdogan to the White House, ening these achievements and the hard thority to look for innovative solutions after everything Erdogan has done to work of the people that innovate. It to protect intellectual property right undermine our values and security, is a has been estimated that international holders and consumers from the nega- shame on the United States. It will un- trade for counterfeit goods in 2016 ac- tive effects of counterfeits. dermine our national security inter- counted for $509 billion of world trade. Madam President, I yield the floor. ests. It has already alarmed our allies Counterfeits are found in both phys- The PRESIDING OFFICER (Mr. CAS- and heartened our adversaries. ical and online marketplaces, and al- SIDY). The Senator from Illinois. It is important that all of us—all of most every industry is affected. Scam IMMIGRATION us in this House and Senate—on a bi- artists target electronics, automotive Mr. DURBIN. Mr. President, I was partisan basis, speak out—as we have parts, and even children’s toys, to rip- honored today to attend the second been doing—against the shameful chap- off consumers and to make a profit. hearing I have attended in the Supreme ter in our American foreign policy and Counterfeits can also harm consumers. Court of the United States. If you national security. Many consumers do not know that stand right here on the floor of the Madam President, I yield the floor. counterfeits can be dangerous and that Senate and look east through these Mr. GRASSLEY. Madam President. some have been found to contain lead, glass doors, you can almost see the Su- The PRESIDING OFFICER. The gen- excessive small parts, and even unsafe preme Court buildings directly across tleman from Iowa is recognized. chemicals. the street. The Supreme Court is, COUNTERFEITERS In 2018, the Government Account- many times, the last stop when it Mr. GRASSLEY. Today I am here to ability Office—or GAO, as we know it comes to human rights and civil rights. discuss the critical need to protect around Washington—examined how e- After all the work that has been done American businesses and consumers commerce marketplaces are further en- by the Congress, by the President, from the dangers of counterfeits, par- abling the sale of counterfeits. GAO many times, it is the Supreme Court ticularly counterfeit goods sold online. found that counterfeiters use online that has the last word. Counterfeits do incredible damage to marketplaces to sell fakes to con- In the case of Plessy v. Ferguson, our country’s economic competitive- sumers because they can hide their when the Supreme Court held that seg- ness. They harm intellectual property identity by using false or incomplete regation was constitutional, that last right holders and the reputation of on- names. Counterfeiters also post legiti- word was a disappointment. And line marketplaces, undermine the in- mate photos or fake reviews for their Korematsu v. The United States, when tegrity of our supply chains, and even products, which makes it harder for the Supreme Court upheld the intern- threaten the health and safety of con- consumers to determine whether they ment of Japanese Americans during sumers. So it is Congress’s responsi- are buying a legitimate or fake good. World War II, that was another dis- bility to use its oversight and legisla- The Grassley-Wyden investigation appointment. tive authority to identify ways to pre- showed that the breadth and variety of But other times, the Supreme Court vent these illicit goods from entering goods sold online makes it nearly im- has risen to the challenge: The famous our borders. possible to prevent the sale of all coun- case of Brown vs. Board of Education, Over the past year, I have worked terfeits. Right holders also told us that which finally struck down the concept with the Finance Committee Ranking their enforcement efforts are hindered of separate but equal; Obergefell vs. Member WYDEN to investigate how in part because the U.S. Customs and Hodges, where the Supreme Court rec- counterfeiters use e-commerce to sell Border Protection shares very lim- ognized the right to marriage equality. their phony goods to consumers. Last ited—and often heavily redacted—im- Well, today, the Supreme Court faces week, we concluded our investigation portation information with these right another human rights issue involving and issued a report detailing our find- holders. But right holders need impor- another group. Just a few hours ago, ings. tation information to identify counter- the street between the Capitol and the Based on the information presented feit sellers and report suspected coun- Supreme Court was literally filled with to Senator WYDEN and this Senator by terfeit listings. thousands and thousands of demonstra- right holders, trade associations, e- Counterfeits also pose a threat to e- tors. The issue before the Court today commerce platforms, and common car- commerce and to common carriers. was the fate of DACA, the Deferred Ac- riers, we made five findings in this re- Counterfeits smear the reputation of e- tion for Childhood Arrivals. port, and we identified two legislative commerce and threaten the integrity This measure, DACA, is one that I recommendations for Congress in this of the common carrier supply chain have worked on for many years—many report. I believe these recommenda- network. As such, these parties are years. Nineteen years ago, I introduced tions will enhance existing efforts critical partners in the fight against the DREAM Act. Before that, the term within the Federal Government to pre- the sale of counterfeit goods. However, ‘‘Dreamer’’ was hardly ever applied in vent the sale of counterfeits online. Customs and Border Protection does the conversation about immigration, I will talk briefly about our findings not have the authority to share impor- but now, it has become standard and today, and I look forward to working tation information with these parties really defines this group of Americans, with my colleagues—both Republican when it identifies a counterfeit at our people living in America. and Democrat—to identify additional border. In their case, they came to the areas for congressional action. During our investigation, these par- United States, brought here by their As chairman of the Senate Finance ties told us that this information parents, when they were children. They Committee, I recognize the value of in- would give them the ability to better may have had legal entry into the tellectual property rights and their im- protect our country’s intellectual prop- United States, but at some point in pacts on society and the economy. In- erty and allow them to remove more their lives, they no longer were legal. tellectual property rights allow busi- counterfeit listings and block counter- They became undocumented, in the nesses to generate new ideas and de- feit sellers. We must look at this prob- words of the law. Most of these young velop creative solutions to everyday lem holistically and with the under- people never knew that status until problems that can make our lives standing that right holders, e-com- they reached their teenage years and healthier, safer, and more productive. I merce platforms, and common carriers their parents finally told them the also understand businesses and are critical partners in the fight truth of their legal condition. innovators rely on those rights to help against the sale of counterfeit goods They had no control over the deci- drive and recoup their investments. and those counterfeit goods being sold sion of their parents to come to this In my own State of Iowa, intellectual online. By sharing more importation country or file the necessary papers. property represents more than $14.4 bil- information, these parties can better Frankly, many of them were shocked lion in annual exports for the State, protect the intellectual property rights to learn that they were undocumented. more than 94,000 jobs, and supports of our innovators, as well as the health They went to school with our kids. more than 2,000 small businesses with and safety of e-commerce consumers. They grew up in our communities.

VerDate Sep 11 2014 01:29 Nov 13, 2019 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.009 S12NOPT1 dlhill on DSKBBY8HB2PROD with SENATE November 12, 2019 CONGRESSIONAL RECORD — SENATE S6495 They played on the sports teams. They forward and became protected by UNANIMOUS CONSENT REQUEST—H.R. 6 probably attended the same churches DACA. It really changed their lives. Mr. DURBIN. Mr. President, for clar- and temples and synagogues as our own For the first time in their lives, they ity, I ask unanimous consent to bring kids. They were just part of the group. had some government-recognized sta- to the floor the Dream and Promise But they knew—they privately knew tus. They were no longer just undocu- Act for a vote in the Senate—a meas- they were not. They knew that they mented. Then amazing things hap- ure which would address the very issue were one knock on the door away from pened. They went on and pursued an that is before the Supreme Court being deported from the United States. education, a career, a life, a future. today. I am making this on behalf of It was because of one of these young They started realizing their dreams. It Senator SCHUMER, Senator LEAHY, Sen- people that I decided to introduce that was a good and positive thing all ator ROSEN, Senator TIM KAINE, Sen- DREAM Act legislation 19 years ago. around. ator MENENDEZ, and Senator CARDIN. Her name is Tereza Lee, brought to the Then, President Trump came into of- As if in legislative session, I ask United States at the age of 2 from fice. Initially, he was very complimen- unanimous consent that the Senate Korea by her parents to Chicago. She tary of Dreamers, saying positive proceed to the immediate consider- grew up in a family that struggled to things about them, but, unfortunately, ation of Calendar No. 112, H.R. 6; fur- make ends meet. Her father wanted to over a period of time he changed his at- ther, that the bill be considered read a be a minister, but never quite put that titude about this issue. On September third time and passed, and the motion church together. Her mother worked in 5, 2017, President Trump announced he to reconsider be considered made and a dry-cleaning establishment to feed was going to end the DACA Program, laid upon table, with no intervening ac- the family. She went to public schools, end the protection for these young peo- tion or debate. and as luck would have it, there was a ple. The PRESIDING OFFICER. Is there program at one of these schools called It was a sad day and a challenge for objection? the Merit Music program that gave her us to decide what to do, to try to pass Mrs. BLACKBURN. Mr. President, I a chance to learn how to play the legislation in the Congress that would am reserving the right to object, and I piano. protect these young people, and we will object. She started playing, and she followed rolled up our sleeves and put together The PRESIDING OFFICER. The Sen- her father around to these churches. several bipartisan measures in the Sen- ator from Tennessee. Then she took it seriously, and she be- ate. President Trump rejected every Mrs. BLACKBURN. Mr. President, I came an amazing pianist to the point single one of them. He wasn’t going to would like to articulate the reason for where, when she finished the public have it. He was opposed to our enacting the objection to the legislation that is high school, she was offered an oppor- legislation that dealt with it. brought forward by my friend the Sen- tunity to go on for music education at That repeal of DACA has created un- ator from Illinois. the Manhattan Conservatory of Music. certainty for hundreds of thousands. A Once again, I found it necessary for When she filled out her application and lawsuit was filed in an effort to try to the good of the order to object to a reached the point where they asked her protect them, and the courts said their unanimous consent request brought by nationality and citizenship, she asked protection would continue while the our friends in the minority. Once her mom: What am I supposed to put case was being argued. The case again, they are attempting to bypass on here? Her mom said: I am not sure. worked its way through the courts and the Senate’s rules on behalf of a piece We better call Senator DURBIN’s office. ended up, this morning, at the U.S. Su- of legislation this body has not had They did, and we checked the law, preme Court across the street. time to debate, to deliberate, or to con- and the law is very harsh. For Tereza I was proud to lead 172 current and sider in committee. Lee—who had lived 15 or 16 years in the former Members of Congress on a bi- The American Dream and Promise United States, beat the odds by fin- partisan amicus brief in support of Act passed the House of Representa- ishing high school and developing this DACA. Now it is clearly up to the Jus- tives by a near party-line vote; great talent at the piano—the law told tices in the Supreme Court to follow unsurprising, considering the bill ad- her that she had to leave the United the law and to reject what I consider to dresses the contentious issue of immi- States for 10 years and apply to return. be President Trump’s illegal repeal of gration law. This bill, supported by the That is the law. DACA, but only Congress can provide a Senator from Illinois, would offer tem- It seemed unfair to me that a young permanent solution for Dreamers. porary legal status to 21⁄2 million un- woman, brought here at the age of 2, The U.S. House of Representatives documented immigrants. should face that as her only legal has responded to President Trump’s Those affected immigrants have tried choice, so I introduced the DREAM cruel decision to repeal DACA by pass- to remain in the United States under Act. It said, if you were brought here ing the Dream and Promise Act on a the Deferred Action for Childhood Ar- as a child, raised in the United States, strong bipartisan vote of 237 to 187. rivals, or the DACA Program—a back- went to school, and had no criminal This legislation is based on the stop made possible by nothing more record of significance, that you should DREAM Act I originally introduced 19 than an Executive memo signed by be given a chance—the chance to make years ago. This bipartisan legislation former President Barack Obama. it in the United States to earn your would give Dreamers a chance to earn I think this is important for us to re- way to legal status and citizenship. their citizenship. The bill passed the alize that it was an Executive memo That is what the DREAM Act was all House. It is here. It is now up to Sen- that put this program in place. It is about. We passed it in the House and in ator MITCH MCCONNELL of Kentucky, not a Federal law. President Trump the Senate, but never in the same Con- the Republican leader, to call the ended the DACA Program in 2017, argu- gress, so it is still not the law of the Dream and Promise Act for a vote in ing the Obama administration’s at- land. It was 8 years ago when I ap- the U.S. Senate. tempt to subvert immigration law on pealed to my former colleague in the Mr. President, I want to make a such a massive scale was unlawful and Senate, Barack Obama, as President, unanimous consent request in relation possibly unconstitutional. Soon after, to try to help, and he did. to that measure and ask for a consent President Trump offered a path to le- By Executive action, he created after we debate my UC request to com- galization for DACA recipients, but our DACA, which said that young people plete my remarks. I see a Senator on friends in the minority refused to take like Tereza Lee could apply, go the floor who I believe is here to ob- him up on that offer. through a criminal background check, ject. I want to be courteous to her be- We have to remember this: There was fill out the necessary forms, pay the cause she has been in the Chair for a a path to legalization for DACA recipi- filing fee, and be allowed to stay in the while. Can I have a unanimous consent ents that was offered by President Don- United States for 2 years at a time, re- to return to the debate after I make ald Trump. Our friends in the minority newable, not to be deported, and be my unanimous consent request? said: No; no, we do not want that. able to legally work. The PRESIDING OFFICER. Is there They continued with the issue. I will After President Obama came up with objection? tell you, every Dreamer in the country DACA, over 780,000 young people came Without objection, it is so ordered. should be outraged by the minority’s

VerDate Sep 11 2014 01:29 Nov 13, 2019 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.010 S12NOPT1 dlhill on DSKBBY8HB2PROD with SENATE S6496 CONGRESSIONAL RECORD — SENATE November 12, 2019 refusal to come to the table and nego- amendments. So be it. Let’s let the University. He was just in my office tiate on an offer that was on the table. Senate be the Senate and deliberate upstairs, and he told me that in a mat- I encourage my friends on the other these measures. To argue that I ter of 2 or 3 years, he will have com- side of the aisle to remember that the shouldn’t be asking to bring it to the pleted his Ph.D. in microbiology, and Supreme Court affirmed a lower court floor because it has to go through reg- then he can go on to complete his med- decision to maintain an injunction on ular order, the obvious question is: ical degree and his residency. the nationwide DAPA Program—a When is Senator MCCONNELL going to This tough, hardened criminal—ac- scheme similar to DACA but aimed at pursue regular order on a measure that cording to the President—has designs parents, as opposed to children. has been sitting here for 5 months? on becoming a medical researcher in Although that decision set no legal Let me say a word, if I can, while we the United States of America. When he precedent, it did open up an oppor- are on the subject, about the people completes this highly competitive pro- tunity for the new administration—and who are involved. We can talk about gram, he will have a medical degree for each and every one of us in the Sen- Senate procedure and law all we wish, and a doctorate degree in science. ate—to rebuild various fixes in our im- but what we should do is discuss the He is one of dozens of DACA recipi- migration system without running real people who are involved. ents at the Stritch School. My hat is afoul of existing legal barriers. In 1,000 days in office, this President off to Loyola University. They have ad- As my friend the Senator from Illi- has issued 11,000 tweets. No surprise, is mitted more DACA students to their nois likes to point out, Senators from it? There are 5, 6, 7, 8, 9, 10 a day. He medical school than any other medical both sides of the aisle have been work- issued one this morning about the school in the United States. They are ing on this issue—it has been with us young people who are in question here. amazing students. I have met them. for years—and it is imperative we find I would like to read President Donald Many, if not all of them, have promised a consensus solution. Trump’s tweet from this morning, as to come back to my State of Illinois, If the minority wishes to offer peace the case was headed to the Supreme having had this chance to go to med- of mind and a path forward to Dream- Court. Here is what he tweeted: ical school in Chicago, and serve in un- ers, they should do it in such a way Many of the people in DACA, no longer derserved areas after they have become that allows the American people to very young, are far from ‘‘angels.’’ Some are practicing doctors. Loyola doesn’t give hold each and every one of us account- very tough, hardened criminals. President them any special treatment in the se- able for repercussions. We should do Obama said he had no legal right to sign lection process. They are not eligible this through regular order. I reiterate order, but would anyway. If Supreme Court for any Federal financial assistance. my objection to the minority whip’s remedies with overturn, a deal will be made I just want to thank them and say to with Dems for them to stay! motion. the President of the United States: Be- I yield the floor. May I address one particular aspect fore you put out a tweet calling Cesar The PRESIDING OFFICER. Does the of the tweet of the President of the Montelongo or people like him hard- Senator object? United States on this subject affecting ened criminals, Mr. President, take a Mrs. BLACKBURN. Mr. President, the fate of 780,000 young people living minute and meet these young people. yes, I do object. in the United States? Probably the best While you are at it, meet this young The PRESIDING OFFICER. Objec- thing is not to do it generically but to lady too. She was just in my office. Her tion is heard. talk about specifics. name is Fernanda Herrera Vera. When Mr. DURBIN. Mr. President, for the Let me tell you a story about two she was 2 years old, her family brought record, how many pieces of legislation DACA recipients, both attending Loy- her from Mexico to the United States. did we consider in the Senate last ola University in Chicago—the city I When she was 7, her family was forced week? None. The week before? None. am honored to represent. They both to leave Guntersville, AL, when her fa- How many months has this measure came to Washington, DC, today, and ther lost his job due to his immigration been sitting in the Senate, the Repub- sat in the Supreme Court during the status. The family settled in Gadsden, lican-controlled Senate? Five months, argument. I am going to leave it up to AL, where Fernanda attended a private and for five months the Republican my Members and colleagues in the Sen- Catholic school on a scholarship. leader has not considered it worthy to ate, as well as those who are following When she was 10, her parents opened even bring it before the Senate for de- this debate, to reach their own conclu- a restaurant. Every day after school, bate. sion about these two whom I am about she went to the restaurant to wait ta- I don’t control the agenda. Senator to tell the story of. You decide whether bles and help run the restaurant, doing MCCONNELL does. He has decided this this man is a tough and hardened her homework in her spare time. Dur- measure is not worth debating on the criminal. His name is Cesar ing Fernanda’s junior year of high floor of the U.S. Senate. Montelongo. He grew up in the State of school, Alabama passed the harshest When I come and make a unanimous New Mexico. He was a pretty good stu- anti-immigration law in the country, consent request to bring this measure dent. In fact, he was an excellent stu- which forced her family to close down to the floor, it isn’t as if we are taking dent. He graduated from high school their restaurant. away an option, which the Republican with a grade point average of 4.0 and Alabama barred Dreamers from at- leader is using. He is not. When we ranked third in his class. He went on to tending even public colleges, but look back to the debate or at least the New Mexico State University, where he thanks to DACA, Fernanda was able to effort to find a compromise with Presi- was a triple major in biology, microbi- attend a private school, Samford Uni- dent Trump on this issue, it is next to ology, and Spanish, as well as two mi- versity in Birmingham, AL. Her par- impossible. He is surrounded by people nors in chemistry and biochemistry. ents worked hard to pay tuition. She who are completely against DACA and Cesar graduated with a 3.9 GPA. qualified for no Federal financial as- Dreamers. Stephen Miller is a good il- This hardened criminal then went on sistance. Her dad worked 80 hours a lustration of one. It used to be Jeff Ses- to earn a master’s degree in biology, week at a chicken plant so that she sions. He is no longer with the adminis- with a minor in molecular biology, could go to college. She graduated tration. Every time the President while working as a teaching assistant. from Samford in 2017, and her experi- starts to lean toward DACA and the Then DACA came along. For the first ence has driven her to become an im- Dreamers, these people intervene and time in his life, he had a chance to migration activist. She worked at the stop him, and negotiations come to an apply for medical school. He never Alabama Coalition for Immigrant Jus- end. thought that could happen. He applied tice. It is time for us in the Senate not to and was accepted at Loyola Univer- After President Trump repealed wait for a permission slip from Presi- sity’s Chicago Stritch School of Medi- DACA in 2017, Fernanda came to Wash- dent Trump to pass legislation. I am cine. It is quite an achievement. ington for a 4-day hunger fast with prepared to bring this matter to the The Presiding Officer, who is also a other DACA recipients on the Capitol floor and to accept the decision on the medical doctor, I am sure understands lawn. amendments on the floor. We are in the that, but he did one better. He enrolled Last year, Fernanda was admitted to minority. We will lose some of these in the M.D.-Ph.D. program at Loyola the Loyola University Chicago School

VerDate Sep 11 2014 01:29 Nov 13, 2019 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.011 S12NOPT1 dlhill on DSKBBY8HB2PROD with SENATE November 12, 2019 CONGRESSIONAL RECORD — SENATE S6497 of Law. But this spring, her mother 780,000 who do not know what their fu- ent system. Under the patent system, was pulled over in Georgia for driving ture will be just days or weeks from if you come up with a new lifesaving with a broken taillight. Her mother is now that there is an answer: We want drug, then you are guaranteed the ex- now in deportation proceedings. you to be part of America. clusive right to make and to sell that It is tough enough to go to school I yield the floor. drug, and you are protected from any without Federal financial help. It is The PRESIDING OFFICER. The Sen- competition for a period of time. But tough enough to work your way ator from Texas. after that period of time expires, what through it. It is tough enough not to Mr. CORNYN. Mr. President, I know is supposed to happen is that generic know how the Supreme Court is going my friend from Illinois, Senator DUR- alternatives are supposed to be avail- to rule tomorrow or the day after and BIN, is sincere in his desire to get some able to compete and bring down the whether it will change your fate. It is relief for the DACA recipients, whose price for consumers. That is the case tough enough to know that any knock case is now pending before the U.S. Su- for 90 percent of the drugs we take. at the door could mean deportation for preme Court. I share a desire to give Our country offers the most robust members of your family. Yet she has them some certainty. That is why I protection in the world for intellectual persevered. supported what President Trump of- property. We know companies are un- A hardened criminal, Mr. President? fered in February of 2018, which was a likely to pour extensive time, money, Fernanda’s dream is to become an pathway to citizenship not only for the and resources into developing these immigration lawyer. She wants to help individuals who had applied for and re- new cures unless, at the end of it, there people just like her mom. ceived deferred action under President is some reward. I get that, and I sup- Without DACA, Cesar Montelongo Obama’s administration but for all port that. will not become a doctor. Fernanda those who were eligible but did not But the patent system is designed to Herrera Vera will not become an attor- apply. provide a limited time period during What continues to confuse me is how ney. Will America be a better country which the manufacturer can be the sole our Democratic colleagues will rou- if they are forced to leave, if they are seller on the market before generic al- tinely vote against that offer, which deported? I don’t think so. ternatives can become available and was incredibly generous. I don’t think Cesar, Fernanda, and hundreds of before competitors can enter the mar- any other President in my lifetime thousands of other Dreamers are ket. What is happening is that some would have had the boldness and the counting on the Supreme Court to do companies are abusing that system and courage to offer a pathway to citizen- the right thing and reject President extending that period of exclusivity by ship for 1.8 million DACA-eligible Trump’s repeal of DACA. They are also filing tens—sometimes in excess of 100 young people, but President Trump did, counting on those of us who serve in patents. and our Democratic colleagues turned the Senate to stop making excuses and In one case involving a drug called it down. That leads me to wonder solve this crisis. HUMIRA, which is one of the best sell- about their sincerity. Do they like this A bill has passed the House. I tried to ing drugs in the world, there are four political issue more than they have a bring it to the floor of the Senate, and approved competitors in Europe. In the desire to find a solution to the prob- there was an objection today. It isn’t United States, HUMIRA has in excess lem? because we are overwhelmed with I agree that these young people, who of 120 separate patents designed to work. As you can see, we spend a lot of through no fault of their own came to crowd out and prevent any competition time making speeches. the United States because their par- while maintaining their exclusivity in Since Senator MCCONNELL refuses to ents brought them here, are the most the marketplace. take any action to address the plight of sympathetic and deserving cohort of That is what is called the patent the Dreamers, I am going to continue immigrants in the country. I wish we thicketing. It involves using intricate to make this unanimous consent re- could work together to come up with a webs of patents to keep competition at quest. Next week, I don’t want the ex- solution. But at some point you have bay for as long as possible, meaning cuse to be that we are not following to wonder whether our Democratic col- that your profits and your exclusive regular order, but in the meantime, I leagues prefer not to solve the problem rights to sell this drug are high. hope the Senate Judiciary Committee but would rather try to portray this as There is also something called prod- will take up this measure, as they have a political football for partisan advan- uct hopping, which occurs when a com- so many times over the last 15 years or tage in the runup to the next election. pany develops a reformulation of an ex- so, and bring it to the floor of the Sen- That is tragic—toying with the lives isting drug about to lose its exclusivity ate. of these young people, stoking their in- and then pulls the original product off Once and for all, could we be the U.S. security, telling them you are on their the market. This is done not because Senate for a week? Could we actually side but on the other hand voting the new formula is more effective nec- consider a piece of legislation here that against an offer to provide them a essarily but because pulling the origi- addresses an issue that is critically im- pathway toward citizenship. I don’t nal drug off the market before it loses portant to hundreds of thousands of know how you reconcile those two po- its exclusivity prevents generic com- people living in the United States of sitions. petitors. That is called product hop- America? PRESCRIPTION DRUG COSTS ping. What a relief it would be to see this Mr. President, on another matter, I The bill Senator BLUMENTHAL and I Senate actually as a Senate, to see introduced a bill with our colleague introduced aims to stop these anti- Members on the floor debating issues. I from Connecticut, Senator competitive behaviors, allow competi- am not going to win every debate. BLUMENTHAL, to address the rising tors to come to market sooner, and Every amendment I want is not going costs at the pharmacy counter. Sen- bring down prices for consumers. The to pass, but I am prepared to accept ator BLUMENTHAL is a Democrat. I am Affordable Prescriptions for Patients the outcome. Let’s do what the Senate a Republican. He is from Connecticut. I Act streamlines the litigation process was elected to do. am from Texas. But we both heard the by limiting the number of patents com- I am sorry there was an objection same thing from our constituents: Pre- panies can use when they are litigating today. As long as I am a U.S. Senator, scription drugs—particularly the out- their patent rights. Ultimately, we be- I am going to continue to come to the of-pocket costs to consumers—are too lieve—and I believe it is borne out by floor of the Senate to advocate for high, especially with the huge the Congressional Budget Office scor- Cesar, Fernanda and all of the Dream- deductibles and the huge copays under ing—this would allow competitors to ers. It would be an American tragedy the Affordable Care Act. resolve patent issues faster and bring to deport these two promising young Over the last several months, we those generic drugs to market sooner. people. have dug into the reasons behind those This is how we improve competition Now it is in the hands of Senator high costs, and it is safe to say there is and lower prices without getting in the MITCH MCCONNELL, the Republican ma- a lot that concerns us. way of lifesaving innovation. jority leader, to give the Dream and One of the most egregious forms of The added benefit to this bill is the Promise Act a vote and to say to those abuse we have seen deals with the pat- Federal savings it would provide for

VerDate Sep 11 2014 01:29 Nov 13, 2019 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.013 S12NOPT1 dlhill on DSKBBY8HB2PROD with SENATE S6498 CONGRESSIONAL RECORD — SENATE November 12, 2019 taxpayers. The Congressional Budget unwilling to come to the floor and I yield the floor. Office says that this bill would lower block the bill himself, tried to have I suggest the absence of a quorum. Federal spending by more than half a one of the cosponsors of my bill do it The PRESIDING OFFICER. The billion dollars over 10 years. That is for him, the Senator from Illinois. He clerk will call the roll. not a panacea, but it is a good start. would rather force his own member to The senior assistant legislative clerk This is just savings to the Federal Gov- block a popular bipartisan bill, which proceeded to call the roll. ernment for Medicare and Medicaid. happens to have my name on it, than Ms. ROSEN. Mr. President, I ask There would undoubtedly be more sav- allow it to pass on its own. unanimous consent that the order for the quorum call be rescinded. ings for consumers who get their Well, as you can imagine, that didn’t The PRESIDING OFFICER. Without health coverage through private health go very well. So then it was on to plan B. They wanted to link the fate of our objection, it is so ordered. insurance. The Senator from Nevada. It checks every box. It checks inno- bill, which passed unanimously in the NOMINATION OF CHAD F. WOLF vation, increases competition, lowers Judiciary Committee, with another bill Ms. ROSEN. Mr. President, I rise prices for patients, and saves money that hasn’t even passed out of com- mittee. today in opposition to this administra- for taxpayers. On top of that, this bill tion’s nomination of Chad Wolf to be has a raft of bipartisan cosponsors. The other bill was introduced by our friends, Senators Grassley and Durbin, Under Secretary for Strategy, Policy, This is not a partisan bill; this is a bi- and Plans at the Department of Home- partisan bill. In addition to Senator and aims to provide greater trans- parency on drug prices, something that land Security. I stand here today op- BLUMENTHAL, five other Democrats posed not only to Mr. Wolf’s nomina- have endorsed the bill, including both is definitely needed, and I don’t object to it. But these bills are in very dif- tion but also to the way in which this the Democratic whip and the assistant administration is circumventing the Democratic leader. ferent places in the legislative process, and some Members on our side have constitutional requirement of advice I am sure it comes as no surprise and consent to make Mr. Wolf the head that this bill sailed through the Judici- concerns about a bill coming to the floor that hasn’t even been through the of the third largest Department in the ary Committee without a single Sen- Federal Government. ator voting against it. It was unani- committee of jurisdiction. Now, to the minority leader this is By the President’s own admission, mous. During simpler times, it would Mr. Wolf is slated to immediately be just another creative way to stop pas- have quickly passed the full Senate and appointed to serve indefinitely in the sage of a noncontroversial bill and at- moved on to the House for their consid- position of Acting Secretary of Home- tach a free rider onto the bill, which, in eration and then gone on to the Presi- land Security. Thus, our votes tonight essence, is a poison pill. The result is dent for his signature. But we all know and tomorrow are effectively to con- things aren’t quite that easy these the same. Nothing passes. As I said, the bill Senator firm Chad Wolf to be Acting Secretary days, and even bipartisan bills get of the entire Department of Homeland BLUMENTHAL and I have introduced is caught up in the political crosshairs. Security, despite limited vetting, no bipartisan. It is not controversial. It According to a report in POLITICO, committee vote, and no confirmation went through regular order. Every the minority leader from New York, hearing for this position. member of the Judiciary Committee Senator SCHUMER, is blocking this bill But this is about more than just an had a chance to vote on it, and no one from passing in the Senate. He is egregious attempt to bypass the Sen- voted against it. We checked on our blocking one of his own Member’s ate’s role of advice and consent for side, and there is no objection. We have bills—and one to lower prescription Cabinet nominees. Rather, this eve- run a hotline on the Democratic side, drug prices, of all things. While the ning’s vote will advance a nominee who only to find that the Democratic leader American people suffer from the crush played an integral role in this adminis- is the one himself who is blocking it. tration’s cruel family separation pol- of high costs at the pharmacy, he Well, unfortunately, politics, once stonewalls, and it is to the detriment icy, and tonight’s vote is about the re- again, has overwhelmed our collective fusal of this administration to address of just about everybody—except one good judgment and good sense. I know group. its treatment of detained children. the Democratic leader doesn’t want That is why I was so disappointed to I know there are some drug manufac- any bills to pass that Republicans can turers that must be thrilled with his see cloture filed on Chad Wolf’s nomi- use to tell their constituents that they nation. I placed a hold on Mr. Wolf’s blocking the bill that would reduce are listening to their concerns and act- their compensation and increase com- nomination to be Under Secretary as a ing on those concerns in the run up to result of the ongoing humanitarian cri- petition. You see, the army of special the next election. He doesn’t really interests who have been fighting my sis at the southern border, which began care about the merits of the legislation and grew during Mr. Wolf’s tenure as bill since day one when it was intro- or that it would, in fact, help New duced is ecstatic that the Democratic chief of staff to DHS Secretary Nielsen. Yorkers. It is politically inconvenient, Between July 2017 and June 2018, leader is blocking this bill, but I am and that, clearly, is his top priority. while Mr. Wolf held the position of not, and I don’t think the rest of the The American people deserve better. chief of staff, 2,800 migrant children Senate is either because this is a non- With the House working day and night were separated from their parents and controversial, bipartisan bill. The only to remove the President from office held in DHS custody under this admin- thing that Democrats are doing by con- and the next election less than a year istration’s cruel, so-called ‘‘zero toler- tinuing to hold up this bill is to carry away, the opportunities for us to pass ance’’ immigration policy. water for one of Washington’s most any sort of bipartisan legislation are Even today, we don’t know the ex- prominent special interest groups. As getting slimmer and slimmer. tent of the damage. Just last week, re- long as they do, it will be to the det- I plan to return to the floor later this ports identified 1,500 more children who riment of the American people. week with my colleague from Con- were separated from their parents dur- I know this frustration is bipartisan necticut to ask unanimous consent ing that time. We do, however, know because my friend Senator that this bill be passed. If the Demo- from emails that Chad Wolf played a BLUMENTHAL is just as frustrated by cratic leader is going to block the bill, leading role in developing, suggesting, this ridiculous holdup as I am. We have I want it to be clear to the American and implementing this inhumane pol- tried to reason with the minority lead- people and the people who would ben- icy. er. We have tried to negotiate. We have efit from the passage of the bill being When I asked him if he had helped to tried to get him to allow the bill to signed into law. I want them to see him develop the administration’s family come to the floor, but we have had no do it and to hold him accountable for separation policy, he said: ‘‘No, luck so far. his misguided politics. ma’am.’’ When I asked him if he had Last week, I came to the Senate floor I hope the minority leader will concerns with the policy of indefinitely to ask unanimous consent to pass this rethink his decision to block this bill separating children from their parents, bill, and what happened next felt like a so that we can all work together to de- Mr. Wolf said: ‘‘My job wasn’t to deter- scene from a bad made-for-TV political liver bipartisan results for our con- mine if it was the right or wrong pol- drama. The minority leader, who was stituents. icy.’’

VerDate Sep 11 2014 02:12 Nov 13, 2019 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.014 S12NOPT1 dlhill on DSKBBY8HB2PROD with SENATE November 12, 2019 CONGRESSIONAL RECORD — SENATE S6499 When I asked him how he became ment in the Federal Government, one cumstances. I trust that Chad Wolf will aware of the policy, he stated that he charged with the critical job of pro- do the same if he is asked to step aside learned about it in April of 2018. Emails tecting our homeland. from his role as Under Secretary to now show that Mr. Wolf had been par- I urge my colleagues on both sides of serve temporarily as Acting Secretary ticipating in meetings discussing fam- the aisle to vote against cloture on Mr. upon Kevin McAleenan’s departure. ily separation as far back as December Wolf’s nomination tonight and against I fully expect and I call upon the of 2017. The emails showed that Mr. his confirmation tomorrow, and I President to nominate a permanent Wolf provided then-Secretary Nielsen a pledge to work with all of you and the Secretary for the Department of Home- list of 16 options to limit immigration, administration to identify nominees to land Security. When he does, my com- one of which was to separate families. lead the Department whom we can all mittee will consider the nominee expe- Even before these emails came to support. ditiously. We need confirmed leader- light, I found Mr. Wolf’s failure to take I yield the floor. ship at DHS to help direct the Depart- responsibility for his direct involve- The PRESIDING OFFICER. The Sen- ment as it works to keep Americans ment in the administration’s cruel ator from Wisconsin. safe. family separation policy to be both Mr. JOHNSON. Mr. President, I rise We need confirmed leadership at DHS misleading and disingenuous, which is today to ask the Senate to confirm Mr. to help direct the Department as it why I voted against his nomination in Chad Wolf to be the Under Secretary of works to keep Americans safe. I am committee. the Office of Strategy, Policy, and grateful to Chad Wolf for his willing- I also placed a hold on both Mr. Plans at the Department of Homeland ness to serve in this position, and I en- Wolf’s nomination and that of DHS Security. courage my colleagues to support his CFO nominee Troy Edgar until the in- The Under Secretary of the Office of confirmation. humane and substandard conditions for Strategy, Policy, and Plans leads an of- Mr. President, I suggest the absence children at CBP processing and deten- fice of over 150 employees with an an- of a quorum. tion facilities improved significantly. nual budget of over $37 million to de- The PRESIDING OFFICER. The Reports from journalists, attorneys, velop and implement DHS policy, long- clerk will call the roll. and advocates detailed ongoing horrific term goals, and strategic plans. Chad The legislative clerk proceeded to conditions, making it clear that DHS Wolf has extensive experience in home- call the roll. was not taking the actions needed to land security policy, starting in 2002 The PRESIDING OFFICER. The Sen- care for and treat migrant children at working as the chief of staff helping to ator from Michigan. the southern border. stand up the new Transportation Secu- Mr. PETERS. Mr. President, I ask I witnessed these conditions first- rity Administration after 9/11 and then unanimous consent that the order for hand. When I toured detention facili- as the Assistant Administrator for that the quorum call be rescinded. ties at the border earlier this year, agency. The PRESIDING OFFICER. Without what I saw was entirely consistent He left government and spent over a objection, it is so ordered. with the news and DHS inspector gen- decade working on homeland security Mr. PETERS. Mr. President, today, I eral reports about the horrific and in- policy issues as a consultant in the pri- rise to oppose the nomination of Chad humane conditions there: children vate sector. Mr. Wolf returned to pub- Wolf. Officially, we are considering Mr. freezing, scared, and unsure of what lic service and the Department of Wolf’s nomination to serve as Under would happen to them next. The chil- Homeland Security in 2017, serving as Secretary for Strategy, Policy, and dren didn’t know if they would ever see chief of staff at TSA, chief of staff to Plans at the Department of Homeland their parents again. Even the parents the Secretary, and now as the Assist- Security. In that role Mr. Wolf would didn’t know when their next meal ant Secretary of Strategy, Plans, Anal- lead the DHS policy office, an impor- would be, when their next shower ysis & Risk. Since February of this tant but little-known part of the De- would be, and how long they would be year, he has been the senior official partment. there. The anxiety and despair was pal- performing the duties of the Under Sec- However, that is not the role that pable. retary of the Office of Strategy, Policy, Mr. Wolf will actually have. We have Amidst this crisis at the border, I and Plans, the office for which we are recently learned that the President has placed a hold on Mr. Wolf. My requests now considering his nomination. much bigger plans for Mr. Wolf. The of the Department were simple—that The Senate Committee on Homeland President plans to make Mr. Wolf the every child under the care of the Security and Governmental Affairs ap- next Acting Secretary for the entire United States of America be treated proved his nomination on a bipartisan Department of Homeland Security. In- humanely. I requested that DHS hire basis on July 24. As we all know, the stead of running the policy office, more pediatricians for CBP facilities, Department has a number of Senate- which has a staff of about 160 people that they bring on child welfare profes- confirmed leadership positions vacant. and an annual budget of $35 million, sionals to care for and provide services Currently, 7 of the 18 DHS offices re- Mr. Wolf will lead all of DHS, the third to the children in CBP custody, and quiring Senate confirmation are va- largest executive agency, with a that they increase NGO access to CBP cant. Three of those vacant positions 240,000-person workforce and a budget facilities. have nominees that have been lan- of over $75 billion. Regarding these specific requests, guishing on the Senate floor for Let’s be clear, for all intents and pur- DHS has not adequately addressed the months after being approved by my poses, we are essentially about to vote concerns. This is why I maintain my committee with bipartisan support. on the confirmation of a new Secretary hold on Mr. Wolf’s nomination and why Mr. Wolf’s nomination has been pend- of Homeland Security, a position re- my hold on Mr. Edgar will remain until ing in the Senate for almost 9 months. sponsible for protecting this Nation these conditions improve. Troy Edgar, the nominee to be the De- from a vast and evolving array of With this in mind, we cannot allow a partment’s Chief Financial Officer, has threats. Despite the importance of this nominee like Mr. Wolf to move for- been pending in the Senate for 8 position and this vote, we have not ward, especially when we know he is months, and William Bryan, the nomi- been given a full opportunity to mean- going to be moved right up to Acting nee to be Under Secretary for Science ingfully examine Mr. Wolf’s ability to Secretary, a position where the Presi- and Technology, has been pending for take on this profoundly important and dent can keep him indefinitely without over 4 months. All three nominees were challenging role. a confirmation hearing and without approved by my committee with bipar- Based on my evaluation of his quali- the advice and consent of the Senate. tisan support. We are holding a hearing fications to serve as Under Secretary, I It is an end run around our constitu- to consider Mr. Peter Gaynor as the do not believe Mr. Wolf has the experi- tional role, one of the most important President’s nominee to head FEMA ence needed to lead this critical Cabi- checks we have on the executive this week. net Department. branch. It is also not the process we Dedicated Americans serving at DHS I would like to recognize that Mr. should accept for filling a Cabinet-level in acting positions are doing admirable Wolf does have several years of Home- position in the third largest Depart- jobs under oftentimes difficult cir- land Security policy experience. In his

VerDate Sep 11 2014 02:12 Nov 13, 2019 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.015 S12NOPT1 dlhill on DSKBBY8HB2PROD with SENATE S6500 CONGRESSIONAL RECORD — SENATE November 12, 2019 current role within the Department’s To his credit, I believe Mr. Wolf rec- The question is, Is it the sense of the policy office, Mr. Wolf has engaged in ognizes the untenable situation caused Senate that debate on the nomination productive dialogue with the Homeland by the President’s refusal to submit of Chad F. Wolf, of Virginia, to be Security Committee. In particular, I nominees to the Department’s highest Under Secretary for Strategy, Policy, have personally appreciated his will- offices. When asked about the impact and Plans, Department of Homeland ingness to recognize the growing threat of vacancies across the top ranks of Security, shall be brought to a close? of domestic terrorism and White su- DHS, he stated ‘‘I believe having Sen- The yeas and nays are mandatory premacist violence and the need for the ate-confirmed leaders in the senior lev- under the rule. Department to do more to keep our els of any cabinet agency is a benefit to The clerk will call the roll. communities safe. the morale of the workforce and the The legislative clerk called the roll. However, Mr. Wolf’s tenure as chief success of the agency.’’ (Ms. ERNST assumed the Chair.) of staff to former DHS Secretary I continue to urge the President to Mr. THUNE. The following Senator is Nielsen raises serious concerns about nominate qualified, principled leaders necessarily absent: the Senator from his judgment and, in particular, his in- to lead the Department of Homeland South Dakota (Mr. ROUNDS). volvement in some of this administra- Security. I remain committed to work- Mr. DURBIN. I announce that the tion’s most misguided and harmful ing with my colleagues on both sides of Senator from New Jersey (Mr. BOOKER), policies. As part of the Senate’s con- the aisle to carry out our constitu- the Senator from California (Ms. HAR- stitutional responsibility to provide tional duty to provide advice and con- RIS), the Senator from Rhode Island advice and consent, I have repeatedly sent by promptly, fairly, and thor- (Mr. REED), the Senator from Vermont asked DHS to provide documents di- oughly vetting the President’s nomi- (Mr. SANDERS), and the Senator from rectly related to Mr. Wolf’s time as nees. I am also committed to working Massachusetts (Ms. WARREN) are nec- Secretary Nielsen’s top adviser. How- across the aisle in Congress to ensure essarily absent. ever, the Department has failed to that the Department of Homeland Se- The PRESIDING OFFICER (Ms. comply, leaving Congress without the curity has the resources and authori- MCSALLY). Are there any other Sen- information needed to fully and fairly ties it needs to keep Americans safe ators in the Chamber desiring to vote? evaluate Mr. Wolf’s qualifications to and to provide oversight—robust over- The yeas and nays resulted—yeas 54, serve as Under Secretary, let alone run sight—of the Department’s actions and nays 40, as follows: the entire Department of Homeland Se- use of taxpayer dollars. [Rollcall Vote No. 353 Ex.] curity. I have sought to fully and carefully Unfortunately, this disregard for YEAS—54 weigh Mr. Wolf’s qualifications for Pol- Congress’s constitutional role as a Alexander Fischer Paul icy Under Secretary. Unfortunately, Barrasso Gardner Perdue check on the executive branch is not due to the lack of transparency in Mr. Blackburn Graham Portman an isolated occurrence. Instead, it ap- Wolf’s involvement in very troubling Blunt Grassley Risch pears to be a defining feature of this Boozman Hawley Roberts administration. Department decisions, I cannot support Braun Hoeven Romney The Constitution requires that the his current nomination, much less his Burr Hyde-Smith Rubio elevation to Acting Secretary. Capito Inhofe Sasse President’s nominees to hold key posi- Cassidy Isakson Scott (FL) tions receive the advice and consent of If he is confirmed, I will do my part Collins Johnson Scott (SC) the Senate. The Framers knew this ar- to support Mr. Wolf and help him be Cornyn Kennedy Shelby Cotton Lankford Sinema rangement was necessary to ensure successful in an incredibly important job while also working to hold him ac- Cramer Lee Sullivan that those who hold the most powerful Crapo Manchin Thune and influential positions in govern- countable. But today, I will be voting Cruz McConnell Tillis ment are accountable not solely to the no on his confirmation, and I urge my Daines McSally Toomey colleagues to do the same. Enzi Moran Wicker President but to Congress and, most Ernst Murkowski Young importantly, to the American people. I yield the floor. However, this President has shown a I suggest the absence of a quorum. NAYS—40 willingness to abandon the The PRESIDING OFFICER. The Baldwin Hassan Rosen Bennet Heinrich foundational principle of advice and clerk will call the roll. Schatz The legislative clerk proceeded to Blumenthal Hirono Schumer consent and to test the limits of his Brown Jones Shaheen legal authority to unilaterally install call the roll. Cantwell Kaine Smith acting officials of his choosing. This Mr. CRAPO. Mr. President, I ask Cardin King Stabenow Carper Klobuchar has resulted in far too many critical unanimous consent that the order for Tester Casey Leahy Udall the quorum call be rescinded. Coons Markey positions going unfilled. Van Hollen The PRESIDING OFFICER. Without Cortez Masto Menendez At the Department of Homeland Se- Warner Duckworth Merkley curity, all three top positions—Sec- objection, it is so ordered. Whitehouse Durbin Murphy CLOTURE MOTION retary, Deputy Secretary, and Under Feinstein Murray Wyden Secretary for Management have been The PRESIDING OFFICER. Pursuant Gillibrand Peters vacant for more than 7 months, and the to rule XXII, the Chair lays before the NOT VOTING—6 President has yet to name a nominee Senate the pending cloture motion, Booker Reed Sanders for any of those roles. Other key DHS which the clerk will state. Harris Rounds Warren components have seen temporary lead- The legislative clerk read as follows: The PRESIDING OFFICER. On this ers come and go for months—even CLOTURE MOTION years—without a nominee for the Sen- vote, the yeas 54, the nays are 40. We, the undersigned Senators, in accord- The motion is agreed to. ate to consider. This President has de- ance with the provisions of rule XXII of the clared that he prefers ‘‘acting’’ offi- Standing Rules of the Senate, do hereby JUDICIAL CONFIRMATIONS cials because it ‘‘gives [him] more move to bring to a close debate on the nomi- Ms. BLACKBURN. Madam President, flexibility.’’ nation of Chad F. Wolf, of Virginia, to be over the past few months, pro-democ- Leadership turnover and acting offi- Under Secretary for Strategy, Policy, and racy protestors in Hong Kong have cap- cials are a part of every administra- Plans, Department of Homeland Security. tivated the American consciousness (New Position). with one of the most stunning mass tion, but widespread and deliberate re- Mitch McConnell, Roger F. Wicker, Mike liance on temporary leaders defies the Rounds, Rick Scott, John Barrasso, protests in recent memory. Hong Kong constitutional principle of advice and Kevin Cramer, Richard Burr, Steve people are no strangers to suppression. consent, harms the Department’s crit- Daines, James E. Risch, John Cornyn, They are used to the censorship, digital ical national security missions, and John Boozman, John Hoeven, James stalking, and persecution embraced by puts the American people at risk. The Lankford, Todd Young, David Perdue, their overlords in Beijing, and they dedicated men and women at DHS who John Thune, Lamar Alexander. have seen firsthand the dangers of tyr- are working tirelessly to keep our The PRESIDING OFFICER. By unan- anny. country safe deserve much better. The imous consent, the mandatory quorum Watching these protests play out got American people deserve much better. call has been waived. me thinking about the core values that

VerDate Sep 11 2014 02:12 Nov 13, 2019 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.017 S12NOPT1 dlhill on DSKBBY8HB2PROD with SENATE November 12, 2019 CONGRESSIONAL RECORD — SENATE S6501 we as the American people share with firmed proved they are capable of re- through the Senate, 83 to 15, and was the Hong Kong people and with so sisting the urge to get creative with signed by then-President Clinton. Now, many others around the globe. There is the law when it suits the loudest voices I am the only one of those 15 ‘‘no’’ really an interesting dichotomy at in the room. Instead, they apply the votes still serving in the United States play: You can turn on the TV right now same foresight employed by the Found- Senate. Today, 19 years later, we have and see an entire population fighting ing Fathers. These judges know that seen the reality of what I thought desperately on behalf of free speech, permitting the government more pow- would happen. At the time, I said—and self-expression, and the right to ques- ers to mold and manipulate society I am quoting from my speech 19 years tion their leaders’ decisions. will give rise to a government that will ago—‘‘We cannot allow the pursuit of Meanwhile, just a few countries never resist the temptation to overstep dollars to blind us to certain realities away, the loudest voices in the news- its bounds. about the ruling communist regime in room are begging for just the opposite. Our courts are not courts of public China, including’’—keep in mind, I am Here in the U.S., Americans are con- opinion, and my friends in the minor- going to read all eight of these that I stantly being asked if freedom is really ity would do well to remember the cost had mentioned 19 years ago—‘‘repeated worth the fight. Is it worth the never- of treating them as such. Constitu- threats against the United States and ending battle to maintain it? The an- tionalism is our legacy and our inherit- Taiwan’’—still going on today; ‘‘mas- swer is absolutely. ance. I urge my colleagues to remem- sive military modernization and build- When Americans look at the protests ber this because we are going to vote to up’’—still going on; ‘‘proliferation of in Hong Kong, they do not see a foreign confirm judges who have proven them- dangerous weapons to rogue states. policy gray area; they see scores of rev- selves committed to defending our core Theft of U.S. nuclear secrets’’—still olutionaries fighting an evil regime. values and the rule of law in the United going on; ‘‘demonstrated strategy to They identify with the disrupters, and States of America. exploit commercial relationships to ac- they cheer for the underdogs who do Madam President, I yield the floor. quire advanced military technology,’’ The PRESIDING OFFICER. The Sen- not pull their punches, which is why, in that is still going on today; ‘‘attempts 2016, they sent a disrupter to the White ator from Oklahoma. Mr. INHOFE. Madam President, I ask to corrupt the U.S. political system. House. Violation of international agreements. They watch the hysteria that is cable unanimous consent that I be recog- Brutal repression of dissidents.’’ We news commentary and get the sense nized as in morning business for such know that is happening. that the people on the screen have time as I use. I continued: ‘‘To ignore these actions completely missed the point. The fight The PRESIDING OFFICER. Without in the belief that they can be separated is not and never will be about one per- objection. from what we do in our trading rela- son or one movement. It is about the CHINA tionship is dangerously misguided. Chi- decision to protect liberty or to let lib- Mr. INHOFE. Madam President, I am na’s trade surpluses are helping to fi- erty die; to protect justice or to let it here today to talk about an important nance the regime’s military buildup die. To dismiss this point is to dispar- vote that I took 19 years ago, a vote and aggressive foreign policy, while age the most important feature of the about free trade from China. Now, you collaborative American psyche. When might say it is a little out of character, strengthening its hold on economic and asked if freedom is worth fighting for, coming down to the floor and talking political power.’’ I do not take any pride in being the answer will always be yes. about free trade and China, because The calculus flows into discussions normally I am down here talking about right, because the outcome has been on almost every aspect of American how China is investing in their mili- devastating for the American workers. life. Most recently, at home and in this tary at unprecedented rates or how China has stolen our technology and Chamber, debate has centered on the they are passing us up in terms of our personnel secrets and taken millions of ideological makeup of the Federal judi- military, which we saw in the last ad- U.S. jobs over the past two decades. ciary. We have repeatedly asked our- ministration. The facts today show it. selves: Will the judges we are con- The reality is that when it comes to Let’s go through quickly a few of firming respect and protect the core China—which is entirely controlled by what we predicted two decades ago and values of the American people? The an- a tyrannical Communist party—you see where we are today. First, the swer is yes, they absolutely will. cannot separate their trade behavior threats against the United States and This is not the first time the Amer- from their military like you can in a Taiwan, that is pretty clear. Just look ican public has swung back around to democratic government. China asserts at China’s reaction to the recent rou- consider our ‘‘first principles.’’ We its power both economically and mili- tine arms sale to Taiwan of tanks and talked about them in the early 90s and tarily to the detriment of the free Stinger missiles. Keep in mind, China again—perhaps more passionately—in world. has known since 1979 that we sell arms the early 2000s. Last week, I was fortu- So 19 years ago, I came down to the to Taiwan to aid in their self-defense. nate enough to attend an event at the Senate floor and took a stand against Everyone knows that. White House celebrating our success in the tyrannical regime in China. The They threatened that they were pre- confirming well-qualified, constitu- vote was on whether or not to allow pared to go to war to defend their tionalist judges to the Federal bench. the Chinese Government normalized ‘‘unity and territorial integrity’’—over We have filled 158 vacancies since 2017, trade relationships with the United a routine arms sale. In the past year and we are far from done. States that would pave the way for alone, Beijing has frequently threat- I am sure, however, that my friends China to join the World Trade Organi- ened to use force against any who op- in the minority wish we would give it zation. posed the Communist Party’s designs a rest, but we won’t. After all, they At that time, it was not popular—it on Taiwan, so despite free trade, China have had to work overtime trying to was not popular for any Member of the has not stopped their threatening be- convince the American people that our Senate who stood in the way of free havior toward the United States and job is to impose by judicial decree poli- trade agreements, much less a Repub- Taiwan. cies that were rejected at the ballot lican. But as I saw it then, the vote did Secondly, massive military mod- box. They want to do this without the much more than open up trade. It ernization and buildup. We know that benefit of legislative debate or public granted favors to an authoritarian re- is still going on. It is obvious to every- comment, which means that con- gime, despite their openly predatory one that China has not changed their firming constitutionalist judges is far actions, without demanding conces- behavior on this because of free trade. from being in their best interest. sions in return. My colleagues claimed It has emboldened them. China has be- So here they come, insisting that that opening China to free trade would come more aggressive as our free trade ‘‘constitutionalist’’ is a dog whistle for cause China to change their behavior. system has subsidized their economy. racism, sexism, homophobia, and hold- Clearly, that did not happen, but I will Some key facts: Over the last decade, ing regressive and extreme ideas. get to that in a minute. the Chinese Government has grown What a ridiculous strategy. The bi- Filled with the false hope and empty their military spending—look at the partisan nominees this body has con- promises, the trade agreement sailed chart when I read this—has grown their

VerDate Sep 11 2014 02:12 Nov 13, 2019 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.021 S12NOPT1 dlhill on DSKBBY8HB2PROD with SENATE S6502 CONGRESSIONAL RECORD — SENATE November 12, 2019 military spending by 83 percent. That still having serious impacts on our Hong Kong with a wounded eye got is over the last decade. Meanwhile, dur- ability to get ahead of China’s mili- international attention. ing the last 5 years of the Obama ad- tarily. We live in a democracy, and we don’t ministration, we decreased our mili- We are seeing an alarming rise in dictate to private businesses what they tary spending by 25 percent. We de- how China steals industrial secrets. should or should not do. This is not the creased our military spending while They do it out in the open—for exam- case in China. Yet, if we continue down China had increased theirs by 83 per- ple, by forcing any American business the road of self-censorship, the party’s cent. that wants to operate in China to form demands will escalate, and it will be That is why, today, China is able to a partnership with a Chinese business. harder and harder to exercise freedom build ships at a faster rate than we are They have been doing that for a long of expression. and is on pace to surpass the number of period of time, and we have been going Fourth, lastly, brutal repression of vessels by 2030. That is why China is in- along with it. Sadly, these partnerships dissidents—that was true 19 years ago, vesting heavily in cyber capabilities, are nothing more than a way for the and it is true today. More than any- aviation, artillery, and hypersonic Chinese Communist Party to access thing, I would like to say this was an weapons—hypersonic weapons, the and steal proprietary ideas and tech- area where free trade had forced the most sophisticated new weapons they nology. Chinese Communist Party to change have, the weapons that move at five They also do it in nefarious ways— its behavior. That is what we were all times the speed of sound. Actually, be- through exploiting educational rela- told would happen, but it didn’t hap- fore the Obama administration, we tionships on college campuses or steal- pen. We know it is not true. were ahead of both China and Russia. ing biomedical research during the We all know about the atrocities that At the end of that administration, we peer-review process. are going on in Xinjiang Province, are behind them, and we are catching This is no small thing. One in five where the government is forcing a Mus- up now. Each capability, if not superior American companies has been a victim lim minority into concentration to ours, has the potential to do us sig- of Chinese intellectual property theft. camps, although they call them reedu- nificant harm. That matters because nearly 80 percent cation centers. We all know what is In 2018, I visited our allies in South- of our economy is based on intangi- going on in Hong Kong, where Beijing east Asia, where I saw the Chinese bles—the very things the Chinese are is repressing a democratic demonstra- military buildup in the South China stealing. tion with brutal tactics. I remember Sea for myself. It is safe to say that this is another being in Hong Kong at the time China You remember the islands they cre- area where the regime in Beijing has reasserted what they call their leader- ated. This is not taking over territory; been emboldened by free trade at the ship, their ownership, to Hong Kong. It it is creating territory because those expense of American innovation and has been on and off all these years. islands weren’t there. They have is- economic growth. Right now, that effort—disagreement lands in the South China Sea. The Chi- China hasn’t changed its position on is still taking place. nese, at last count, I believe, were at exploiting commercial relationships ei- Outside of the areas that, despite seven islands. When you go in and look ther. For the past two decades, China China’s best efforts, have attracted at it, you become convinced they are has taken advantage of countries— international attention, we still know preparing for a world war III. weaponizing their debt and working to about the atrocities the Chinese Com- China, prior to that time—this is control ports, infrastructure, and other munist Party quietly inflicts on jour- only 3 years ago—had always done territory, posing a very real threat to nalists and Christian minorities in their military in their home territory. U.S. interests. There is no place where house churches and in communities It has always been in China until they this is more apparent than in Africa, across China every day. went in Djibouti—that is the northern where I keep hearing: ‘‘America will I have just painted a very bleak pic- part of Africa—and they started their tell you what you need; China will ture of U.S.-China relations and how own activity there. Now they are all build it for you.’’ Of course, they don’t unrestricted trade didn’t force the rul- the way down to Tanzania, in that part follow through and talk about how ing party in Beijing to change its be- of the world. they use all Chinese resources to do havior, but the good news is, help is fi- The Department of Defense official this. They use Chinese labor. But it is nally on the way. After the trade deal expects the Chinese to open more of no value to Africa. was enacted—I am talking about Presi- bases, too, in the Middle East, in I have been to Africa probably more dent Trump’s trade deal—I kept speak- China, in Southeast Asia, and in the than any other Member, as I have been ing out against the Chinese Communist Pacific. They are all strategically im- very active in that area and have seen Party, calling attention to their portant locations. some of the threats that face us on human rights abuses, their military When I talked to our allies in the Pa- that continent, and I have seen the buildup, their manipulative trade tac- cific, they are concerned, and many are Chinese debt trap hobble more prom- tics, and their economic bullying. I beginning to hedge their bets because ising governments. pushed every President until now to they see what China is doing. We are But it goes far beyond the developing stand up to the economic powerhouse talking about the South China Sea. We world and extends right into our own before it was too late and they out- are talking about our own allies who backyard. Just look at the recent issue matched us. I tried that with Repub- have historically been our allies. All of with the NBA, where the general man- licans and Democrats alike, and it a sudden, they are starting to have sec- ager of the Houston Rockets tweeted a didn’t work. ond thoughts. They are seeing what message in support of the Hong Kong Now we have the first President since China is doing, but they don’t see us protesters. The backlash was swift. 2000 to take China seriously. President doing anything. After 8 years of Presi- China stopped airing Rockets games or Trump is clear-eyed about the regime dent Obama’s weak leadership, it is streaming them online, and their on- in Beijing. He knows that our trade re- getting more difficult for us to prove to line retailers pulled merchandise from lations have been unfair and imbal- them that we are actually interested in online stores. anced, and he understands that we need standing up to China’s aggression. We have also seen U.S. hotels, avia- real and permanent fixes in order to Third, the theft of U.S. secrets—we tion companies—even the Gap—being have any long-term stability. This is know about that. There is an old say- forced to edit and self-censor to remove something that has been going on for a ing: What China doesn’t have, it steals. any reference that even tangentially long period of time, and he is now That is even more apparent today than refers to Taiwan, Tibet, or Hong Kong changing this. He is getting criticized, it was in 2000. China is still actively not being a part of the People’s Repub- obviously. pursuing and stealing some of our most lic China, all to appease the Com- I have to say this: It hurts our farm- valuable military secrets. Just last munist Party. The jewelry company ers in the State of Oklahoma. However, year, China hacked a Navy contractor Tiffany was pressured to remove an ad- I would say that they are very under- and stole massive amounts of classified vertisement of a woman covering her standing that someone is finally will- data. That practice isn’t new, but it is eye because images of a protester in ing to take on China.

VerDate Sep 11 2014 02:12 Nov 13, 2019 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.022 S12NOPT1 dlhill on DSKBBY8HB2PROD with SENATE November 12, 2019 CONGRESSIONAL RECORD — SENATE S6503 He has effectively applied tariffs, LEGISLATIVE SESSION Congressional frustration on this both to punish the Chinese Govern- topic is bipartisan and growing, al- ment for its manipulative trade prac- though some farm State lawmakers tices and also to support critical indus- MORNING BUSINESS and interests still stare at their shoes tries in the United States. Mr. INHOFE. Mr. President, I ask while a President who shares their po- The result: China’s economy has unanimous consent that the Senate litical affiliation burns this industry to slowed to its lowest point since 1992— proceed to legislative session and be in the ground. Long after the alarm bells and that is if you believe their official a period of morning business, with Sen- were ringing and klaxons were sound- numbers. These are their numbers. It ators permitted to speak therein for up ing, those who should have known bet- has slowed down their economy. That to 10 minutes each. ter at the outset, whose earlier re- has not happened before. The PRESIDING OFFICER. Without sponses were accolades, now find them- The economic pressure brought them objection, it is so ordered. selves at path’s end, hoodwinked. to the table, ready to make a real f As a member of the Senate Agri- deal—one that is fair and accountable. culture Committee, I pressed the EPA So far, we have gotten phase 1—a pre- SMALL REFINERY WAIVERS AND to approve E15, a 15 percent blend of liminary first deal—and the outcome is ETHANOL ethanol in gasoline, for year-round good for farmers in Oklahoma and Mr. DURBIN. Madam President, on sales as soon as possible. And I ap- across the country. For the first time, behalf of the corn and soybean farmers plauded that final decision in June. For China has agreed to purchase $40 bil- in my State, I object to ‘‘small refinery Illinois, E15 could boost 14 ethanol fa- lion to $50 billion worth of American relief language’’ in the fiscal year 2020 cilities and 20,000 downstate jobs. For agricultural goods. That would be the Interior appropriations bill that sug- motorists, E15 could save up to 10 cents highest level since 2012. That is a good gests that the Environmental Protec- per gallon. start. tion Agency, EPA, disregard Depart- But pull back the curtain, and the The fight against China’s economic ment of Energy determinations on President has allowed EPA to issue 85 manipulation and influence is not over. small refinery hardships. The provision secret waivers that allow oil refineries It can’t just be limited to shrinking encourages EPA to continue allowing to stop blending biofuels into gasoline. the trade deficit through greater pur- refiners to stop blending biofuels with Economists have confirmed that shat- chases of American goods. Future parts no transparency or evidence of hard- ters demand for E15. Waivers mean of any agreement need to be sure to ad- ship. that E15 is a fake victory by President dress the concerns that Presidents of Fourteen years ago in this Chamber, Trump. After increasing pressure and outcry, both parties neglected for decades, in- I helped enact the renewable fuels on October 4, President Trump pub- cluding theft of intellectual property standard, RFS, which required petro- licized an agreement ostensibly de- and industrial secrets, forced tech- leum-based vehicle fuels to include a signed to restore the lost ethanol de- nology transfer, reciprocal access to minimum volume of ethanol and bio- mand caused by his waivers back to the markets, and subsidies to China’s diesel in them. Both fuels are produced 15 billion gallon floor—even 16 billion state-owned enterprises. from corn and soybeans, driving eco- gallons, claimed the President. Ten All of this needs to be placed into the nomic activity throughout Illinois and days later, the Trump administration proper context of the Communist Par- the Midwest. stunned observers by publishing details ty’s ambitions on the world stage: to The law has been a tremendous suc- that watered down these numbers and rewrite the rules of the international cess. We have created new markets for slashed the ethanol deal by half, while system, to make the world safe for au- corn and soybeans and helped supply stakeholders were coached that noth- thorities to suppress democracy and motorists with affordable fuel. We have provided a greener alternative to ing has changed. abuse human rights, and to achieve The language in the Interior appro- MTBE and other additives. And now global military superiority by priations bill suggests that EPA con- the United States is the world’s largest midcentury. tinue to thumb its nose at corn and producer of ethanol, generating com- President Trump’s stand against soybean producers while issuing small China on trade has provoked a lot of merce and creating jobs, both on and oil refinery waivers. Meanwhile, Big discussion about our competition with off the farm. Oil is doing just fine. In May, the De- In fact, I can hardly think of a na- China. We have to remember that this partment of Energy reported that net tional policy in this generation that is not a competition against China but income for top U.S. oil companies like a competition for influence—the kind has achieved greater success for rural Exxon and Chevron has totaled $28 bil- of influence that decides what kind of economic growth than biofuels. In the lion, the most profitable in five years. world our kids and grandkids are going wake of the gasoline shortages of the For farmers, however, net income has to live in. Next week, my wife and I 1970s, the farm financial crisis of the plummeted 50 percent from its record will be celebrating our 60th wedding 1980s, the clean air discussions of the highs during the Obama administra- anniversary. We have 20 kids and 1990s, the oil price spikes of the 2000s, tion. grandkids. They are the ones who will and rural economic conditions of For years, farmers and policymakers be living in that world I just described. today, biofuels became part of the solu- of multiple backgrounds and persua- In this competition, we can’t afford tion. For more than 40 years, farmers sions have come together, in good to be naive. The Chinese Communist and policymakers built an industry faith, to carefully build a new industry Party has a very different version of unique to the heartland of this coun- that benefits consumers, farmers, and the world it would like to create, so try. rural residents. This pioneering inno- even as we keep talking about the tar- Yet in just 2 years, President Trump vation is rooted in the heritage of rural iffs, we have to remember that our val- has wrestled American biofuels to its values, all in jeopardy of crumbling be- ues are still America’s most precious knees. He singlehandedly has delivered cause the void between this President’s commodity. It is our values—free peo- one crippling blow after another. Each words and acts. ple and truly free markets—that must action he has taken contributes to the I urge my colleagues to work to sup- guide us in the competition ahead. gradual dismantling of this enterprise. port rural America by ending EPA’s ef- Every part of this speech I gave on With his involvement, or outright ne- forts to issue these waivers without the Senate floor 19 years ago has be- glect, ethanol prices, profits, and any concern for transparency or eco- come a reality, and President Trump blending are the lowest in history, and nomic impact. knows this. Maybe we better listen to thousands of rural jobs have been lost. Ms. STABENOW. Mr. President, I him. The President claims his support for support the sentiments of my colleague With that, I yield the floor. ethanol and biodiesel is strong. I say: from Illinois in objecting to the ‘‘small The PRESIDING OFFICER. The Sen- believe it when you see it. Because refinery relief’’ language in the fiscal ator from New Jersey. when this President issues declarations year 2020 Interior appropriations bill. Mr. MENENDEZ. Madam President, I of victory on biofuels, facilities stay In the past, this language has been in- am going to yield the floor. shuttered and the markets stay stalled. voked by the Trump administration’s

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