S7458 CONGRESSIONAL RECORD — SENATE December 12, 2018 GOVERNMENT FUNDING Mr. President, Mexico has not agreed fortunate government shutdown caused Mr. SCHUMER. Mr. President, let me to pay for it. None of that is true, and by his President, if he doesn’t act now. talk a little bit about yesterday after- it is difficult—if nearly impossible—to If I were a Republican, I would get in- noon. Yesterday, Leader PELOSI and I negotiate with a President in front of volved right now and help pull the met with President Trump about fund- the press who peddles such blatant and President back from the brink. Demo- ing the government past next week. We dangerous falsehoods. crats have given him two reasonable gave the President two options to keep Because Leader PELOSI and I simply options. We made it crystal clear that the government open. The first option: didn’t go along with him, President Democrats are for keeping the govern- Pass the six bipartisan appropriations Trump threw a temper tantrum and ment open. We have no demands be- bills and a 1-year CR for the Depart- promised to shut down the government yond that, only the President does. ment of Homeland Security only. And, unless he got what he wanted. Evi- If President Trump wants to con- if they don’t like that one, a 1-year CR dently, the Trump temper tantrum tinue his temper tantrum ahead of the for the rest of government. continued even after the meeting, with holidays and cause a shutdown, it is We told the President that both of news reports saying he threw papers now so clear it is solely on his back. these options would pass both Cham- around the White House in frustration. We hope the President chooses one of bers. It was his choice to either accept Why did he continue? Because some- the reasonable options we gave him one of those two options or shut the one finally spoke truth to power. yesterday, and we hope the country government down. Yesterday, unfortu- Someone finally contradicted him can avoid a Trump shutdown. nately, it was clear that the President when he throws around blatant false- I yield the floor. is clinging to his position of billions of hoods on such a regular basis. The f President is so used to obsequious ad- dollars for an unnecessary, ineffective, RESERVATION OF LEADER TIME border wall. President Trump will soon visers who fail to dispel his false and realize that his position will not result made-up facts that he lives in a cocoon The PRESIDING OFFICER (Mr. COT- in a wall but will result in a Trump of his own mistruth. Leader PELOSI and TON). Under the previous order, leader- shutdown, and he seems to relish the I had to tell him, no, Mr. President, ship time is reserved. idea, amazingly enough. that is not true. We had to puncture f The President has called for a shut- that cocoon, and he threw a temper tantrum because of it. CONCLUSION OF MORNING down at least 20 times since he came to BUSINESS office. You can add at least five or six It is unfortunate that we have ar- more times to that number from our rived at this point. The President’s ad- The PRESIDING OFFICER. Morning meeting. Here is a direct quote from visers should have been telling the business is closed. President Trump yesterday: ‘‘If we President the truth all along. Unfortu- f nately, too many of my Republican col- don’t get what we want, one way or the PROVIDING FOR CONGRESSIONAL leagues in the Senate and in the House other . . . I [President Trump] will DISAPPROVAL OF A RULE SUB- seem too afraid to tell the President shut down the government. . . . ‘’ MITTED BY THE DEPARTMENT when he is wrong, even though they President Trump said: OF THE TREASURY TO RETURNS know he is wrong. They find it easier I am proud to shut down the government. BY EXEMPT ORGANIZATIONS to throw up their hands and wait for . . . [so] I will take the mantle. I will be the AND RETURNS BY CERTAIN NON- one to shut it down. I’m not going to blame someone else to solve the problem or EXEMPT ORGANIZATIONS you [meaning Democrats] for it. . . . I will capitulate and agree with the Presi- take the mantle of shutting it down. dent. The PRESIDING OFFICER. Under It was astounding that any Presi- At the moment, Senator MCCONNELL, the previous order, the Senate will re- dent, even this one, would say that. No the majority leader of this body and sume consideration of S.J. Res. 64, President should ever say that he or my friend, is staying as far away as he which the clerk will report. she would be proud to shut the govern- can from the year-end spending fight. The senior assistant legislative clerk ment down. No President should so We didn’t hear a peep about it today. read as follows: glibly use the American Government Leader MCCONNELL says he doesn’t A joint resolution (S.J. Res. 64) providing and the millions of workers who work want a shutdown, but he refuses to en- for congressional disapproval under chapter 8 so hard as a bargaining chip, but that gage with the President to tell him title 5, United States Code, of the rule sub- is where President Trump is headed. what is transparently obvious to every- mitted by the Department of the Treasury President Trump made clear that he one else: There will be no additional relating to ‘‘Returns by Exempt Organiza- will hold parts of the government hos- tions and Returns by Certain Non-Exempt money for the wall. We need to pass a Organizations.’’ tage for a petty campaign pledge to continuing resolution for DHS or for fire up his base. That is all it is. He all the remaining Agencies to keep the The PRESIDING OFFICER. The as- never researched the wall. He talked government open. sistant Democratic leader. about it on the campaign and he said: Leader MCCONNELL has an obligation CONGRESSIONAL REVIEW ACT Oh, Mexico will pay for it. If President as majority leader, and that is to help Mr. DURBIN. Mr. President, today, Trump holds to this position—that un- persuade President Trump to take one the Senate is voting on a resolution of less he gets his wall, he will shut down of the two options we offered. The idea disapproval that would rescind a dan- the government—who will suffer need- that Senator MCCONNELL has nothing gerous decision made by the Treasury lessly? The American people. to do with appropriations as majority Department and restore a vital tool in Of course, Leader PELOSI and I had to leader of the Senate, who still is on the fight against illegal spending in spend much of the meeting trying to that committee, does not withstand U.S. . untie the knots in logic the President the slightest scrutiny. In July, the Treasury decided to re- was tying himself in. President Trump If, unfortunately, the President re- verse decades of precedent and elimi- started by bragging about how great fuses to compromise, Leader MCCON- nate a requirement that certain tax-ex- border security is going under his NELL will not be able to avoid this empt organizations must report the watch. That, by the way, is with no issue. In the unfortunate event that identities of their major donors to the wall. If it were truly the case as the President Trump causes a shutdown, as part of President said, that border security is the Democratic House will come into their annual returns. better than it has ever been, what is power January 3 and pass one of our Why is this important? Because the wrong with another year of the same two options to fund the government, 501(c)(4) ‘‘social welfare organizations’’ funding? If things are going so great, and then it will fall right back in Lead- and 501(c)(6) business leagues that now why does he have to threaten to shut er MCCONNELL’s lap. are no longer required to disclose their down the government for his $5 billion My view is—for whatever it is worth donors to the IRS are the very same wall? It makes no sense. None of it is to him—it is better to solve this now groups that have poured nearly one bil- based on fact. because the leader is going to be stuck lion dollars of dark money into U.S. Mr. President, there is no wall. with it 2 weeks from now, after an un- elections since 2010.

VerDate Sep 11 2014 01:05 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.004 S12DEPT1 December 12, 2018 CONGRESSIONAL RECORD — SENATE S7459 Dark money makes it nearly impos- BILL NELSON has always been so willing it is then mixed with other chemicals sible for the public to find the true to reach out to other Senators—includ- and sold to those on the street, ulti- sources behind the shady attack ads ing our friends on the other side of the mately leading to their death. and political campaigns that these or- aisle—to solve problems for the people My question to Customs and Border ganizations fund. But by at least re- of Florida and for our Nation. He Protection was: What more can we do quiring these groups to disclose their knows that our common humanity is to stop the flow of fentanyl into the major donors to the IRS, the rule en- bigger than our differences of opinion. United States from China, through sured that the government could mon- Senator NELSON displayed a different Mexico, and other places? What I heard itor the groups’ compliance with cam- kind of courage in the Senate. He voted from Mr. McAleenan was not encour- paign finance laws, such as the ban on for the economic stimulus package aging because it says to me he knows foreign contributions. Now that this that helped pull America and the world what can be done, and yet he doesn’t enforcement tool has been lost, it will back from the brink of a Second Great have the resources to address it. be much easier for foreign powers to il- Depression. He voted to create the Af- Let me be specific. He told me last legally funnel money into our elections fordable Care Act—a vote that was po- year there is something called a Z Por- through dark money organizations. litically risky, but has saved lives. tal. This is a scanning device which can At a time when we know the U.S. re- NASA and America’s manned space literally scan railroad cars, trucks, and mains under threat of foreign inter- program has had no greater cham- cars coming into the United States to ference in our elections, why would we pion—save possibly John Glenn him- see if they detect anything suspicious— make it harder for the IRS, law en- self. whether it is narcotics or contraband forcement, and our nation’s intel- BILL NELSON has been a champion or guns or individuals hidden away. ligence organizations to monitor the for: Working families; economic fair- Currently, almost 100 percent of the movement of money in our political ness; and good schools and affordable railroad cars go through the scanning system? The answer is clear—we college education. before they come into the United shouldn’t. The Senate must act to re- He has fought for: Clean oceans; safe States, but fewer than one out of five scind Treasury’s misguided decision and sustainable energy; reasonable, re- other vehicles are scanned. I asked Mr. and restore an essential tool in the sponsible action to prevent climate McAleenan, if we are going to put more fight against illegal money in politics chaos; and for scientific integrity. money into border security, wouldn’t and ward off the threat of foreign funds He has given most of his adult life to we put money into these Z Portals; influencing U.S. elections. public service. He is a reasonable man wouldn’t you ask for more money to I am proud to join Senators TESTER in an unreasonable time. I will miss his fund this technology? He said he would, and WYDEN in support of this resolu- courage in our caucus and in this Sen- and he wanted to. tion and urge my colleagues to cast ate. I wish my old friend all the best as I asked him how much it would cost their vote in support of today’s CRA. he begins the next chapters in his re- to really make sure we have border TRIBUTE TO BILL NELSON markable life. He will be missed. protection to stop these deadly nar- Mr. President, I would like to enter BORDER SECURITY cotics from coming into the United into the RECORD a tribute to my col- Mr. President, let me also say at this States. His answer was $300 million. league and friend BILL NELSON of Flor- moment that we are debating the ques- Put that next to the President’s out- ida. tion of border security. rageous demands for $5 billion for a BILL is leaving the Senate after an Yesterday, the Commissioner of Cus- wall that all of us agree—at least most amazing career. We served together on toms and Border Protection appeared agree—is an ineffective and wasteful the House for 8 years, 17 years in the before the Senate Judiciary Com- expenditure of taxpayers’ money. Senate—a quarter of a century working mittee. Mr. McAleenan, who has been The President may think he made together. He is an extraordinary man the Commissioner, is a professional. I some campaign pledge that he has to who has represented the State of Flor- respect the fact that he has a world of keep come hell or high water, but that ida so well, served as one of the few experience. pledge also included a promise that When he came to my office last year, congressional astronauts in 1986 when Mexico was going to pay for this wall. I said to him: If I gave you a blank he was on the Space Shuttle Columbia. Now the President wants us to pay for check for border security to make us He is a courageous, hard-working this wall. That is $5 billion for his cam- safer in the United States, what would man. With his wife Grace by his side, paign promise instead of $300 million to you buy? they have done so many good things. keep America safe from more narcotics He said: More technology, more peo- They went to Haiti together, and I re- flowing across our borders. That, to ple. spect his commitment to public service me, is a ridiculous option that the and his commitment to the people of You will note that he didn’t say a wall because he knows, as we do, that President is demanding. Florida. If we want a safe border, if we want Senator NELSON and I go back a long a wall is a 19th century answer to a to stop this drug epidemic which is ways. We served together in the House 21st century challenge. We can make killing so many people, let us put the for 8 years—and 17 years in this Senate. America safer, and should, with a se- technology in place which will keep us A quarter-century together in the cure border, using technology and per- safer. That technology is not a wall arena. I remember then-Congressman sonnel—well trained. This notion that from sea to shining sea that the Presi- BILL NELSON made the gutsy decision we need to build a $5 billion wall came dent demands. to fly in space aboard NASA’s Space up yesterday during the course of the Shuttle Columbia in January 1986. hearing. SAUDI WAR POWERS BILL To give you an idea of how much I noted the fact that for the first Mr. President, regardless of who is courage that took, consider this: That time in my life, it was being reported serving in the White House—a Demo- was the last shuttle mission before the publicly that the life expectancy of crat or Republican—I have long felt the Space Shuttle Challenger disaster. Americans has gone down. You wonder Constitution is very clear. The Amer- A number of people who have flown why, in this great, progressive, pros- ican people—through Congress, and in space talk about something they perous Nation, it is the case. It is be- through Congress alone—have the con- call ‘‘the overview effect’’—a shift in cause of the drug epidemic—an epi- stitutional responsibility to declare perspective that occurs when you see demic which has been fueled by opioids war. the Earth hanging like a tiny, fragile and heroin and fentanyl. Some 40,000 or Whether I was holding President ball in the black void of space. From more Americans lose their life annu- Bush in the Iraq war or President the heavens, there are no boundaries, ally to this epidemic—more than we Obama in our interventions in Syria or and you see that all of us on this planet lose in traffic accidents, for example. Libya to this standard, it really came are part of the same whole. When you look at the source of the down to the same basic principle. The I think that seeing the Earth from narcotics, you find the most deadly Constitution is clear. Article I section that perspective would make anyone a chemical, fentanyl, is coming into the 8 states: ‘‘The Congress shall have the better Senator. It may explain why United States over our borders, where power . . . to declare War.’’

VerDate Sep 11 2014 01:05 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.001 S12DEPT1 S7460 CONGRESSIONAL RECORD — SENATE December 12, 2018 What we are doing later today is a On Sunday, some may have read the CONGRESSIONAL REVIEW ACT debate over the future of the U.S. in- New York Times columnist Nick Mr. WYDEN. Mr. President, the Sen- volvement in the war in Yemen. It is Kristof’s devastating piece ‘‘Your Tax ate is now opening the crucial debate long overdue and deeply important. Dollars Help Starve Children’’ about on our proposal to throw out the It occurs as we are entering the 18th his recent and courageous trip to Trump pro-dark money campaign rule year of the war in Afghanistan. That is Yemen. Mr. Kristof writes about girls under the Congressional Review Act. an incredible fact. I was on the Senate like Amal and notes how we typically At the outset, I thank my colleague floor and voted some 18 years ago, after think of war casualties as being men Senator TESTER for his leadership on the 9/11 occurrence, to go after those who have had their legs blown off. Yet, the issue of bringing sunshine to Amer- responsible for killing 3,000 innocent in Yemen, he writes, the most common ican elections. Americans and who were believed to be war casualties are children who are The fact is the State of Montana is in Afghanistan at the time. I voted dying of starvation and that in the the poster child of with a clear conscience, understanding conference room in Riyadh, Saudi Ara- reform—a textbook case of the sort of no one can strike the United States bia, and here in Washington, officials, transparency and accountability that and kill innocent people without being simply, don’t fathom the human toll of American elections need to all be held accountable. their policies. Maybe some think that about, and no Senator embodies that I had no idea when I cast that vote this war in Yemen is justified, that Ira- tradition more than Montana’s own that beyond Osama Bin Laden, we nian influence and the Houthis in . would continue using that authoriza- Yemen are credible threats to U.S. se- If you know anything about the his- tion against terrorism 18 years later to curity interests. tory of the State and the Montana Cop- prolong the longest war in the history Ultimately, this is not about the per Kings, you know why Montanans of the United States—the war in Af- merits of any such fight. It is not about and JON TESTER always lead this fight. ghanistan. soldier against soldier or combat That is why I am so glad, as the rank- I don’t believe anyone who voted, as against combat. It is about the inno- ing Democrat on the Finance Com- I did, in 2001, for that authorization of cent bystanders who are dying by the mittee, to be able to partner with him force could have imagined that 18 years thousands. It is also not any way to on this critical issue. The Trump ad- later we would still be engaged in a war vindicate the Houthis’ troubling role in ministration’s dark money rule makes in Afghanistan or that the authoriza- the horrible Yemeni civil war or their it easier for foreigners and special in- tion would be stretched beyond credi- likely support from Iran. I don’t try to terests to corrupt and interfere in our bility to approve the U.S. military ac- do that, and I won’t. It is about our elections. Senator TESTER and I have tion in multiple countries around the constitutional duty and responsibility filed this Congressional Review Act world, which brings us to the war in to debate and vote to participate in proposal because we want to make it question today. this war or in any war. harder. I believe deeply that when you are The disastrous and bloody Saudi-led Our Founding Fathers were wise and facing down secret money that is shift- war in Yemen is supported by the knew that the decision to send some- ing between shadowy groups that want United States. Does anyone here re- one’s son or daughter into war must to buy our elections, sunlight is the member voting to authorize U.S. mili- not be made by a King or a supreme ex- best disinfectant. If you are concerned tary involvement in that war? Of ecutive, but in our case, it is by the about foreign actors who are hostile to course not. Did anyone who voted for United States, by the elected Rep- our country and who are illegally fund- the 2001 AUMF, authorization for the resentatives of the people. Just think ing candidates who will do their bid- use of military force dealing with al- of how many battles in human his- ding, sunlight is the best disinfectant. Qaida, believe we were including the tory—how many deaths, how much If you are worried about anonymous Saudi-led quagmire in Yemen, a quag- blood and destruction—have occurred political insiders who have deep pock- mire led by a reckless, young Saudi to satisfy vanity or the narrow inter- ets that are tightening their grips on Crown Prince who I believe had direct ests of a despot or an unelected ruler. Washington, DC, sunlight is the best knowledge of the brutal murder of Our Constitution makes it clear that disinfectant. I hope, today, we will journalist and U.S. resident Jamal we are different. The American people prove that sunlight should not be a Khashoggi? are given the voice and the responsi- partisan proposition. Not only was this war never author- bility to decide if their sons or daugh- ized by the elected representatives of Yet the rule change the Trump ad- ters will participate in the war, and ministration pushed through this sum- the American people, it is a humani- they do it through the U.S. Congress, tarian disaster. An estimated 85,000 mer is not about sunlight; it is all including this very organization, body, about darkness. It is about secrecy. It children have already died of malnutri- in which I serve. We have utterly failed tion in this war, and in a country of 28 is about giving the well-connected even as the U.S. Senate in this responsi- more of a say in how American Govern- million, nearly half are facing famine bility. because of a war that was initiated by ment works. You can see that pretty So we are long overdue to have this the Saudis and supported by the United clearly just by going back to the day debate, which is coming up today or to- States. the rule was announced. That alone Look at this heartbreaking photo. morrow, and a vote, which will ulti- shows how out of whack these policies This is the photo of a 7-year-old, young mately reflect whether we should con- are, how wrongheaded they are. Yemeni girl, named Amal Hussain. tinue with the war in Yemen. I will be On July 16, 2018, a Monday morning, This photo was taken and featured in voting against that war. I believe we the American people woke up to the in November. This have to put an end to this humani- news of the arrest of an accused Rus- young girl died shortly after this photo tarian disaster, and the American peo- sian spy in Washington, named Maria was taken. ple, especially those in Illinois, have Butina. She had come to our country ‘‘My heart is broken,’’ her mother sent me here to Congress to express years earlier and had set out to infil- said. that clearly. trate conservative organizations, espe- I know this is a difficult photo to dis- I yield the floor. cially the NRA. She cultivated rela- play in the U.S. Senate, but I believe it I suggest the absence of a quorum. tionships with political insiders. She is necessary. It shows the consequences The PRESIDING OFFICER. The worked to organize back channel lines of this war and the failure of Congress clerk will call the roll. of communication for the benefit of the to speak out clearly to this administra- The senior assistant legislative clerk Russian Federation, and she set up a tion and take the actions necessary to proceeded to call the roll. shell company in North Dakota with a stop our involvement in this war and Mr. WYDEN. Mr. President, I ask very prominent NRA political opera- humanitarian disaster in Yemen. The unanimous consent that the order for tive. For months, her lawyer claimed malnutrition and innocent suffering the quorum call be rescinded. she was nothing more than a typical that you see in this photo cannot be ig- The PRESIDING OFFICER. Without college kid who was enjoying life in the nored. objection, it is so ordered. Nation’s Capital.

VerDate Sep 11 2014 01:05 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.007 S12DEPT1 December 12, 2018 CONGRESSIONAL RECORD — SENATE S7461 It has been a few years since I have ing to ‘‘further efficient tax adminis- litical spending group called ‘‘And For been in college, but I don’t know of tration.’’ That sounds, to me, like dry The Sake Of The Kids.’’ Then he many students at Portland State or Washington lingo for ‘‘enforcing the dropped a mountain of cash on the Southern Oregon who cross State lines pro-sunshine law is a pain, so why , and his preferred candidate to set up shell companies and organize would anybody bother?’’ Others, sim- won. Let me repeat that in case any- lines of communication with the Krem- ply, claim it will have no real con- body didn’t get the essence of what he lin. Most college kids in Oregon are too sequence. was up to. An energy baron, a leader in busy being college kids to infiltrate I have two responses to that one. the fight for more dirty energy started conservative political circles on behalf First, if the dark money rule change a political spending group to protect of a hostile foreign power. is not any big deal, then why did the his dirty energy interests, and he actu- Hours after the vast majority of the Trump administration work so hard to ally named it ‘‘And For The Sake Of American public heard Maria Butina’s block Congress from challenging it? It The Kids.’’ name for the first time, the Trump ad- kept the rule change off the official The dark money rule change—what ministration dropped its dark money books for as long as it could because it the Trump administration worked so bombshell. It announced a new policy was hoping to run out the clock on our hard to get, what they worked so hard that is going to let even more oversight. This is real gamesmanship to hide from oversight—feeds right into untraceable dark money from for- in order to make sure the American what I have shown is a system of ma- eigners and special interests find its people don’t find out about how there lignant, secretive politics that our peo- way into—infiltrate—our elections. For would be less sunlight with respect to ple have had a belly full of. It gets to those like Maria Butina who want to big political donations. the heart of a larger problem. Across secretly, furtively, invade and twist Second, the argument that cutting the country, our right to vote, our and corrupt our democracy, the Trump off disclosure will not have harmful elections, and our democracy are under administration, just this summer, consequences is another one that has assault. made it a lot easier. been trotted out in opposition to our Here are a few examples of what that Shadowy political spending groups reform. means. Since the Citizens United deci- used to be required under tax law to If the existing rule requiring disclo- sion, the amount of outside money disclose the identities of their major sure of major dark money donors to spent by shadowy groups on our elec- donors. After this rule was adopted, the IRS wasn’t casting enough sun- tions has gone into the stratosphere. they didn’t have to disclose their do- shine, that is not a reason to bring on Congressional districts are gerry- nors at all. Federal investigators are total secrecy. That is not a reason for mandered to such an extreme that mil- going to be blind to bad actors who use bringing on darkness. It is a reason to lions of Democratic voters are, in ef- dark money groups to do their bidding. say you want to be on the side of more fect, denied equal representation. In Even if the Internal Revenue Service sunshine. Wisconsin, Democrats got 54 percent of and State tax authorities suspect a A number of our colleagues on the the vote, but only 37 percent of the particular spending group is guilty of Finance Committee—Senator MCCAS- seats in the legislature. wrongdoing, they will not know who KILL and Senator WHITEHOUSE, who is a Republicans ignore the advice of provided the cash. champion of disclosure—are all in Trump intelligence experts ringing the Since this is a tax policy change, it favor of more sunshine. To me, this ar- alarm bells over election security, and falls under the jurisdiction of the Fi- gument, as well, just doesn’t stand up. they ignore the cyber security experts nance Committee, where we do a lot of We think that making as much public who have clearly stated that paper bal- work on issues that deal with tax ex- information public ought to be the pol- lots and risk limiting audits are the emptions. Let’s make one thing clear. icy of our land. key—the best way—to defend attacks There was no debate on this issue in One thing that is clear to me from on our voting system. the Finance Committee, and it re- my conversations this election season Tens of millions of Americans cast ceived no debate on the Senate floor. is that voters do not want more secret their votes on insecure, hackable ma- The American people had no oppor- spending for more anonymous wealthy chines produced by companies that buy tunity to comment on the rule change, donors and foreigners leading to more off election officials and evade over- which would be typical if you are talk- political ads. sight by the Congress. The Trump ad- ing about a major change in a regula- It is not possible to escape all of ministration and his allies have in- tion. So we are going to unpack that these ads on television. Short of pitch- vented a fake crisis of voter fraud out this morning. ing a tent and camping out in the of thin air, and they have used it as a I am going to start by just spending woods until the second week of Novem- pretext to purge millions of voters a minute or 2 on some of the argu- ber, you can’t get away from it. People from the rolls and discourage Ameri- ments I have heard from some who hear all of these charged-up political cans from casting a ballot. might not be inclined to support it. ads, but much of the time they have no State officials have targeted commu- First, there has been an argument way of determining who is behind nities of people of color, shutting down that disclosing these major donors is a them. You get to the end of the ad, and polling places where they live and re- violation of privacy. The Presiding Of- a voice says that it was paid for by an stricting opportunities to vote early or ficer and I serve together on the Select oddly named group that you have prob- as an absentee. Committee on Intelligence, and I think ably never heard of, something like In the last few days, Americans have anybody who has followed that work ‘‘Americans United for Patriotic Prior- learned more and more about what knows that I am a real privacy hawk ities’’ or ‘‘Grandparents for This and happened in one district in North Caro- and don’t take a backseat to anybody That.’’ Maybe the group is called lina, where Republican Party in terms of privacy rights. Yet allow- ‘‘Families for Stuff.’’ That is the kind operatives schemed to confiscate and ing foreigners and megawealthy cor- of nonsense that is offered up in terms destroy mail-in ballots, likely belong- porations to buy elections in secret is of disclosure that I, Senator TESTER, ing to Democratic voters, if you read not a matter of privacy policy; it is a Senator WHITEHOUSE, and others who the press reports that are coming out proposition that is anti-democratic. have been in this fight think is ridicu- daily. Furthermore, I will point out that the lous. In some States where Democrats group that is making the case for the By the way, there are real-life exam- have won elections—look at Wisconsin privacy argument online is, in fact, a ples that actually demonstrate my and North Carolina—outgoing Repub- dark money group. point. Some will remember Don lican lawmakers have sabotaged the Second, since the announcement, the Blankenship, whose mining company powers of incoming Governors, in defi- Trump administration has tried to broke safety laws and lost 29 employees ance of the voters who elected them. downplay the significance of the new in the worst mine explosion in decades. Trump’s dark money policy—the idea rule. The Deputy Secretary of Treasury A couple of years ago, he wanted, more that it is OK to have more dark, secret told the Finance Committee that cut- or less, to buy a seat on the West Vir- money in politics—reinforces the cor- ting off disclosure was all about work- ginia Supreme Court. So he set up a po- ruption that I have just described. It

VerDate Sep 11 2014 01:05 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.009 S12DEPT1 S7462 CONGRESSIONAL RECORD — SENATE December 12, 2018 concentrates power in the hands of spe- As I think everybody on this floor ish secret threats, or whether you want cial interests that can afford to cut a has observed, there is a rot in our to combat the tsunami of slime, there big check and buy the election results American democracy, and there is a is every reason to take a stand against they want. It takes power away from shadow over the Halls of Congress. The what has become of our democracy. If individuals, away from moms and dads rot is dark money, and the shadow is you think this is just an academic pur- who vote to give their kids a brighter special interest influence empowered suit, take a look at the climate change future, away from seniors who vote to by that dark money. dispute. protect Medicare and Social Security, A lot of this goes back to the ex- In 2007, 2008, and 2009, when I was a and away from young people who are traordinarily misguided decision of the new Senator, we did bipartisan work on saying it is long past time to fight the U.S. Supreme Court—or, I should say, climate change every one of those devastation of climate change and the five Republican appointees to the U.S. years. We had bipartisan hearings. We rising cost of education. Supreme Court—in Citizens United, had bipartisan bills. I think we had Having more disclosure and more which took the astonishing position four of them in the Senate. sunshine in elections traditionally has that the integrity of our elections Along comes Citizens United in Janu- been bipartisan, and I hope the resolu- should receive a value of zero in their ary of 2010. From that moment for- tion Senator TESTER and I are offering calculus and their solicitude should be ward, bipartisanship was dead because will also be bipartisan. All we have to exclusively for the wealthiest forces the fossil fuel industry that asked for do is have an outbreak of the legacy of that bring their power to bear on the Citizens United decision and that the late John McCain. American democracy, because, after got the Citizens United decision from A few years ago, I introduced a bipar- all, if what you are doing is unleashing the five Republican appointees was in- tisan disclosure bill with my friend and the power of special interests to spend stantly ready to bring that new power colleague Senator MURKOWSKI. Big bi- millions of dollars, by definition, you to bear. They went to the Republican partisan majorities passed campaign fi- are only powering up the group that Party, and they said: Anybody who nance legislation in the 1970s. That is has millions of dollars to spend and a crosses us on climate is dead. They what Senator TESTER and I believe the reason to spend it. took representatives like Bob Inglis Congress ought to get back to. Throw- That is, perhaps, the segment of the and put him out of his job to dem- ing out the Trump dark money rule American population entitled to the onstrate their seriousness. seems to us to be a good first step. least solicitude in our great American From that moment, from the day the This is an opportunity, today, to vote debate. Yet it was the exclusive inter- Citizens United decision was an- for sunshine in our elections, to say est of the five Republican appointees nounced, there has not been a serious that sunshine is, again, the best dis- on the Court. It was an evil balancing piece of climate legislation that any infectant. There is none other like it of priorities but, sadly, part of a long Republican has been willing to sign for corruption in our elections. I am tradition—going back to the Bellotti onto. hopeful that, once again, this idea of decision—of Republican appointees to If you doubt the effects of dark transparency, disclosure, and account- the Supreme Court expanding the role money, take a look at where we are on ability will be bipartisan in the Senate and influence of corporations and spe- climate change. In this weird way, the when we vote a little bit after noon cial interests. pollution of our democracy is directly today. connected to the pollution of our at- I will close by way of saying that I In their foolishness, the five Repub- lican judges who gave us the Citizens mosphere and oceans. come from a State where citizens have And, of course, once you open a chan- insisted on open government. I have United decision claimed that the spending they unleashed was going to nel for a dark money influence—an had more than 900 open-to-all townhall American dark money influence; meetings, and the reason why people be transparent—not so. ExxonMobil, the Koch brothers, Big want them is because they see that as Mr. President, I ask unanimous con- Pharma, you name it—when you open a a path to accountability, and they sent to append to my remarks at the dark money channel for that influence don’t want politics driven by just cam- end with an article pointing out that to wreak its power, you can’t control paign donations and big money. They secret political spending in elections in who comes through it. Dark is dark. certainly don’t want it to be dark the United States of America is on And there is every reason now to be- money. track to hit a $1 billion milestone. We are going to know a little bit Not only is the secret spending a lieve that foreigners are taking advan- more about Maria Butina here in the menace, but once you allow unlimited tage of our dark money channels to next day or so, but, again, when you spending—particularly, if you allow exert influence in our elections. have college students setting up shell unlimited secret spending—there is an- I ask unanimous consent to have companies thousands of miles away other dark problem, which is that if printed in the RECORD at the end of my from going to college, that ought to be you are a big special interest that is remarks an op-ed in entitled a wake-up call that the Trump dark able to spend unlimited money, and ‘‘Foreign Dark Money is Threatening money rule makes it more likely and perhaps secret unlimited money American Democracy,’’ written by that we will have more of those shell against a candidate, what else have former Vice President Biden. companies in the days ahead. you been given the power to do? You Today’s Congressional Review Act When we vote at 12:15, I urge my col- have been given the power to go to that measure is a small step. It won’t pro- leagues to support Senator TESTER’s candidate and say: We are coming after vide much public disclosure; it will and my resolution, with the support of you unless you do what I tell you. only require that companies and enti- many colleagues, like Senator WHITE- It opens threats and promises that ties that are using these dark money HOUSE, who has been a champion on are always going to be secret. So even channels continue to report to the IRS. these disclosure issues. I urge my col- were there not these evil channels for So there is not going to be an enor- leagues on both sides of the aisle to re- dark money to pollute and influence mous difference made here, but there is member that these issues have always our democracy, Citizens United would an enormous difference in which side been about bipartisanship and to join still be misguided with respect to the this body will choose to be on in this us in voting for our proposal that we darkness of the threats and promises vote today on Senator TESTER’s resolu- will vote on shortly after noon. that it empowered. tion. It is a very simple and a very I yield the floor to Senator WHITE- Of course, when you remove account- stark choice. We can choose, one by HOUSE and thank him for all his work ability for the advertising and the slea- one. Each one of us will make this on these issues over the years. zy campaigns that this supports, you choice today. We can choose to be on The PRESIDING OFFICER. The Sen- get a lot more negative advertising. the side of dark money. We can choose ator from Rhode Island. That is why one of the consequences of to decide to be on the side of special in- Mr. WHITEHOUSE. Mr. President, I all of this has been described as a tsu- terest influence, we can choose to de- am honored to join the senior Senator nami of slime. cide to be on the side of whispered from Oregon in support of this impor- Whether you want to rid dark money threats—I will tell you that dark tant resolution. channels, whether you want to dimin- money and special interest influence

VerDate Sep 11 2014 01:05 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.010 S12DEPT1 December 12, 2018 CONGRESSIONAL RECORD — SENATE S7463 and whispered threats have a disgrace- THE TROUBLE WITH DARK MONEY 14 event. ‘‘Dark money is a creation of the ful force in this building right now, Dark money is a growing problem for can- FEC.’’ thanks to Citizens United and the dark didates and voters, according to Issue One You don’t need judges to overturn Citizens United to end secret political spending, and money channels that it empowered—or Executive Director Meredith McGehee. ‘‘Talking to members of Congress—wheth- you don’t need Congress to make a move, he we can choose to be on the side of added. You just need action by the FEC, but America as a city on a hill. Why do we er they be Republican, Democrat or inde- pendent—one thing they all fear is dark that is ‘‘simply not going to happen, at least call America a city on a hill? Because money, because it’s money that they have a not as the FEC is currently constituted,’’ everyone can see it. And a city on a hard time anticipating, responding to, under- said Noti, who worked as an FEC attorney hill does not do its business through standing,’’ she said. for a decade. He doesn’t sound upbeat about the dark money sewers that run under ‘‘And it’s really a big question for the seeing an imminent end to dark money. the city; it does its business in the American people, because when you don’t ‘‘The courts may intervene at some point. Congress may intervene at some point. Oth- plain marketplace and open spaces of know where the money is coming from, it’s hard to do what the Supreme Court said you erwise we’ll see what the FEC does,’’ Noti that city, and that is what we should said. be for. should be able to do as an American citizen— and that is to judge the message partly by The U.S. Supreme Court in September let I ask unanimous consent to have who the messenger is.’’ stand a lower court’s ruling that required printed in the RECORD a report on this Other campaign-finance activists have said dark-money groups to reveal some secret do- issue by a terrific bipartisan group, secret money encourages corruption and nors, but then new guidance in October from called ‘‘Issue One,’’ as a third append- threatens democracy. the FEC was viewed as limiting that develop- ant to my remarks. On the other side of the issue, former com- ment’s impact. missioner for the Federal Election Commis- FEC Chairwoman Caroline C. Hunter and There being no objection, the mate- Commissioner Matthew S. Petersen, both rial was ordered to be printed in the sion Brad Smith, known for opposing cam- paign-finance regulations, once wrote that Republicans, blasted the lower court’s ruling RECORD, as follows: dark money is ‘‘a term used not to enlighten, in a joint statement, saying it had ordered a [From MarketWatch, Nov. 26, 2018] but to scare Americans into approving of new expenditure reporting regime just two months before the midterm election and SECRET POLITICAL SPENDING ON TRACK TO sweeping new laws, invading privacy in ways never before seen in American politics.’’ caused confusion. Commissioner Ellen REACH $1 BILLION MILESTONE Weintraub, a Democrat, had praised the judi- (By Victor Reklaitis) Supporters of anonymity in politics have noted Thomas Paine’s famous ‘‘Common cial actions as ‘‘a real victory tor trans- So-called dark money, which came into Sense pamphlet was published anonymously parency,’’ but then after the October guid- being after a Supreme Court ruling, soon in 1776. They also have said that throughout ance described the overall progress on the may reach a ten-digit milestone. history anonymous political speech has been matter as ‘‘not as broad as some people had That term refers to election-related spend- attacked by entrenched powers but has hoped.’’ Hunter, Petersen and Weintraub ing by groups that don’t disclose their do- helped challengers, and they’ve stressed that didn’t respond to requests for comment. This report was first published on Nov. 20, nors. This type of political outlay remains disclosures can chill speech and lead to the 2018. far from becoming dominant, but it keeps harassment of donors. spooking researchers, lawmakers and activ- ists, as it nears a big round number. THE BIG SPENDERS AND KEY VEHICLES [From POLITICO, Nov. 27, 2018] ‘‘We see dark money flowing into this proc- The U.S. Chamber of Commerce has been FOREIGN DARK MONEY IS THREATENING ess from both liberal and conservative the biggest spender of dark money with an AMERICAN DEMOCRACY sources, and in 2020 we will be reaching this estimated $130 million paid out, according to (By Joseph Biden and Michael Carpenter) milestone where $1 billion will have been Issue One’s recent ‘‘Dark Money Illumi- spent by dark-money groups since Citizens nated’’ report. It’s followed by Crossroads Here’s how to put a stop to it. Whatever Special Counsel Robert Mueller’s United,’’ said Michael Beckel, manager of re- GPS, which is tied to Republican operative investigation ends up revealing about Rus- search, investigations and policy analysis at and has spent about $110 million, sia’s efforts to subvert our democracy, one Issue One. and , which is fund- thing is already clear from the media atten- He was referring to the 2010 Supreme Court ed by conservative billionaire industrialists tion this topic has received: America’s demo- ruling in Citizens United v. Federal Election Charles and David Koch and has shelled out cratic institutions are highly vulnerable to Commission that struck down a ban on polit- $59 million. The Democratic-leaning spend- foreign influence. ical spending by corporations. Beckel, whose ers of dark money include Patriot Majority Foreign powers use three basic tools to nonprofit organization aims to reduce the USA, with its $18 million in outlays. interfere in democratic politics: cyber oper- role of money in politics, was speaking at a Issue One said it was able to reveal some ations, disinformation and dark money. recent event focused on dark money. dark-money through back-door methods Thanks in part to Mueller’s indictments of FAR FROM THE BIGGEST SOURCE OF FUNDS such as analyzing tax returns, looking at lobbyists and labor unions’ filings and exam- members of Russia’s military intelligence Getting to $1 billion shouldn’t be a big ining other data sources. agency (GRU) and the St. Petersburg troll stretch, given the current estimates for how There are three main vehicles for putting farm known as the Internet Research Agen- much has been spent in the shadows. More such money in play, according to Issue One. cy, we have begun to address election-related than $800 million has been shelled out to They are ‘‘social welfare’’ groups organized cyber attacks and foreign disinformation. date since the court decision eight years ago, under Section 501(c)(4) of the tax code, trade But when it comes to foreign dark money— according to Anna Massoglia, a researcher at associations established under Section money from unknown foreign sources—we the Center for Responsive Politics, who also 501(c)(6), and limited liability companies. remain woefully unprepared. spoke at the event. The lack of transparency in our campaign The U.S. Chamber of Commerce, which lob- While it would be significant to have dark- finance system combined with extensive for- bies for big business in Washington, didn’t money groups hit $1 billion in spending since eign money laundering creates a significant respond to a question about whether it 2010, that amount is far below what’s spent vulnerability for our democracy. We don’t agreed with Issue One’s $130 million figure. in just one election cycle by all groups. The know how much illicit money enters the ‘‘As a 501(c)(6) organization, the chamber 2018 midterm races, for example, sparked an United States from abroad or how much dark complies with all applicable lobbying disclo- estimated $5.2 billion in outlays alone, most- money enters American political campaigns, sure laws as we advocate for policies that ly by Democratic and Republican candidates, but in 2015, the Treasury Department esti- grow the economy and create jobs,’’ the rather than dark-money groups or other out- mated that $300 billion is laundered through trade association said in a statement. side organizations. the U.S. every year. If even a small fraction The $800 million spent to date by groups AN FEC CREATION THAT LOOKS SET TO STAY of that ends up in our political campaigns, it that don’t disclose their donors in the past ALIVE constitutes an unacceptable national secu- eight years represents about 18% of all polit- After the Supreme Court opened the door rity risk. ical spending by outside groups during that for corporate spending in elections, the FEC While foreign funding of campaigns is pro- period, said Massoglia from the Center for said existing disclosure laws weren’t a good hibited by federal statute, the body that en- Responsive Politics, a campaign-finance fit for this new category of outlays, said forces campaign finance laws—the Federal watchdog. Adav Noti, an attorney with the Campaign Election Commission (FEC)—lacks both Dark money’s rise has been rapid, but it’s Legal Center, an ethics and campaign-fi- teeth and resources. Sophisticated adver- hard to predict if it eventually could make nance watchdog. The regulatory agency then saries like Russia and China know how to up 100% of all outside spending, Massoglia created a new disclosure rule that was ‘‘ex- bypass the ban on foreign funding by exploit- told MarketWatch. She noted some organiza- tremely narrow’’ and led to dark money’s ing loopholes in the system and using layers tions want to publicize their spending, rath- rise, he said. of proxies to mask their activities, making er than hide it: ‘‘There are advantages to ‘‘Although it gets conflated with Citizens it difficult for the FEC, the FBI, and the doing that, in terms of getting credit for United pretty frequently, it’s not a creation Treasury Department’s Financial Crimes En- what you’re spending on.’’ of the Supreme Court,’’ Noti said at the Nov. forcement Network to follow the money.

VerDate Sep 11 2014 02:52 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.012 S12DEPT1 S7464 CONGRESSIONAL RECORD — SENATE December 12, 2018 One of the key loopholes is the ability of ters of national security, these are issues the FEC since January of 2010 and all of so-called super PACs to accept money from that should be of interest to both Democrats which are profiled on Issue One’s website— U.S. subsidiaries of foreign corporations. and Republicans who want to reduce our vul- include: And while super PACs are required to file fi- nerability to foreign corrupt influence. Americans for Prosperity, the flagship po- nancial disclosure reports, non-profit 501(c) litically active nonprofit of the billionaire organizations (for example, the National [From Issue One] industrialists Charles and David Koch; Rifle Association or the U.S. Chamber of DARK MONEY ILLUMINATED Crossroads Grassroots Policy Strategies Commerce) are not. So if a foreign entity Today many—if not all—politicians live in (Crossroads GPS), a Republican-aligned transfers money to a 501(c), that organiza- fear that opaque dark money groups will group associated with Karl Rove, a former tion can in turn contribute funds to a super launch 11th-hour smear campaigns against advisor to President George W. Bush; PAC without disclosing the foreign origin of them. If you listen closely, many members of The League of Conservation Voters, an ad- the money. Congress continuously fundraise precisely to vocacy organization that works to elect pro- The last time Congress took on dark prevent this doomsday scenario, leading environment candidates who are typically money was after 9/11, in the Patriot Act, some of them to even leave office rather Democrats; when we made it illegal for banks to be The National Rifle Association, the na- ‘‘willfully blind’’ to money laundering and than try to out-raise the deep-pocketed do- nors attempting to control their electoral tion’s top gun lobby and backer of politi- requiring them to verify their customers’ cians who champion the Second Amendment; identities. But the lack of any requirement fates. Dark money groups hold enormous sway Patriot Majority USA, an organization led to disclose the beneficial (i.e. ‘‘true’’) owner- over what issues are, and are not, debated in by political operatives with close ties to ship of limited liability companies (LLCs) Democratic Sens. and Chuck makes it easy for foreign entities to estab- Congress and on the campaign trail. But the Schumer; and lish shell companies in the United States. donors behind these groups rarely discuss The Action Fund, an These shell companies can then contribute their motivations for bankrolling these ef- advocacy group working to elect politicians to a 501(c), invest in real estate or channel forts, leaving the public in the dark about who support reproductive rights and to money directly to a super PAC. Fortunately, who funds these increasingly prominent and thwart anti-abortion politicians. there are steps we can take to secure our potent organizations. Unfortunately, Supreme Court Justice An- Informing and augmenting the profiles of system and shine a light on these murky thony Kennedy was either ill-advised or mis- these 15 major dark money groups is an ex- transactions. In August, two dozen state attorneys gen- informed when he—while writing the major- clusive, first-of-its-kind database created by eral asked Congress to pass legislation to ity opinion in the Supreme Court’s Citizens Issue One that features information about disclose the beneficial owners of LLCs. A fed- United v. Federal Election Commission the donors identified by obscure public eral solution to this issue is necessary be- case—assumed that any new corporate records—and other little-known sources— cause individual states compete for incorpo- spending in politics unleashed by the deci- who are funding these organizations. ration revenue and therefore have little in- sion would be wholly independent of can- In all, this new database contains nearly centive to reform on their own. In Nevada, didates and promptly disclosed on the Inter- 1,200 transactions spanning more than eight for example, the process of registering a net. In that ruling, Justice Kennedy wrote years—and identifies approximately 400 company has been described as ‘‘easier than that ‘‘a campaign finance system that pairs unique donors who have collectively given getting a library card.’’ A federal require- corporate independent expenditures with ef- more than $760 million to these dark money ment to disclose the true owners and con- fective disclosure has not existed before groups in recent years. trolling interests of LLCs would allow law today.’’ Each record also contains a link to the pri- But let’s be clear: It still does not exist enforcement to scrutinize the ‘‘ghost cor- mary source document for each trans- today. porations’’ that pop up overnight in states action—constructed through painstaking re- Issue One’s new ‘‘Dark Money Illumi- like Nevada or Delaware—and that could be search and fact-checking by the Issue One nated’’ project—a year-long, deep-dive anal- used to funnel dark money into our politics. team, building off of work previously done Real estate deals are also susceptible to ysis into the forces at play in the post-Citi- by the Center for Responsive Politics, Center foreign money laundering because they are zens United political world, which is accom- for Public Integrity, Center for Political Ac- largely exempt from the ‘‘know your cus- panied by a first-of-its-kind database of dark countability and others. money donors—chronicles just how difficult tomer’’ rules that apply to the banking in- HOW DID CITIZENS UNITED LEAD TO AN it remains to effectively ascertain informa- dustry. This allows foreign entities to use EXPLOSION OF POLITICAL DARK MONEY? tion about the true sources behind the del- shell companies to park their wealth in the By a slim 5–4 margin, the Supreme Court United States or to channel that money to uge of political dark money that Citizens United ushered in, even for campaign finance held in Citizens United that corporations— U.S. political interests (for example, by pur- including limited liability companies and chasing real estate at above-market prices). experts. The project also offers constitu- tional, bipartisan solutions to bring addi- certain nonprofit corporations—could bank- Implementing more comprehensive disclo- roll overt political advertisements that sure requirements in high-end real estate tional accountability to the political adver- tisements from dark money groups that are called on people to vote for or against federal and prohibiting all-cash sales above certain candidates. thresholds would help create transparency in increasingly bombarding citizens across the country. While charities and foundations organized this sector. under Section 501(c)(3) of the U.S. tax code— AN EXPLOSION OF POLITICAL DARK MONEY The fact that we don’t know exactly how the types of nonprofits to which you may much foreign dark money is being channeled Dark money groups are influential in part make tax-deductible contributions—are still into U.S. politics is precisely why we need to because they aim to define candidates and prohibited from engaging in electoral poli- reduce our vulnerabilities. There is ample issues before, during and after an election. tics, the Citizens United ruling allowed cer- evidence of dark money penetrating other Thus, even if their preferred candidates lose, tain other nonprofits—most notably 501(c)(4) democracies, and no reason to believe we are the issues that define the election are ‘‘social welfare’’ organizations and 501(c)(6) immune from this risk. In 2004, for example, aligned more closely with the labor unions, trade associations—to spend heavily in elec- Lithuania’s president was impeached after corporations, mega-donors and other special tions. the media disclosed that a Russian oligarch interests bankrolling these secretive groups. Unlike political candidates, parties or po- who contributed to his campaign later re- According to the Center for Responsive litical action committees, these nonprofits ceived Lithuanian citizenship. Just this past Politics, dark money groups reported spend- are generally not required to disclose their January, in Montenegro, a local politician ing more than $800 million on campaign-re- donors, meaning the public is frequently left was charged with laundering Russian funds lated activities to the FEC between January in the dark about who is funding the ads that to support a pro-Russian political party. In 2010 and December 2016 (the last full election are trying to influence their votes. Australia, an intelligence report leaked in cycle). What is less known is that this surge 2017 exposed pervasive Chinese financial in- of opaque spending has been incredibly con- DARK MONEY DONORS REVEALED fluence in the country’s domestic politics. centrated: Issue One’s new analysis shows To paint as comprehensive a picture as Similar allegations recently surfaced in New that the top 15 dark money groups accounted possible about what interests have Zealand. for three-fourths of this spending—more bankrolled the top 15 dark money groups As we take on the threats posed by cyber than $600 million. since Citizens United, Issue One searched ob- attacks and disinformation from foreign ac- The U.S. Chamber of Commerce—the na- scure public records for information that has tors, we can’t ignore the threat posed by for- tion’s largest lobbying organization for busi- essentially been hiding in plain sight. eign dark money. With a new Congress about nesses—alone has spent approximately $130 To this end, Issue One reviewed FEC fil- to be sworn in, there’s an opportunity to fi- million on political advertisements since ings, tax returns, annual reports submitted nally end the permissive environment for Citizens United. That’s about $1 of every $6 by labor unions to the Department of Labor, foreign dark money in this country. Cam- spent on political ads by dark money groups documents submitted to Congress by reg- paign finance reform is certainly a necessary between 2010 and 2016. istered lobbyists, corporate filings, press re- part of the solution, but so too is disclosure Other major dark money players in this leases and other sources. (See Appendix 2: of beneficial ownership and greater trans- top 15 list—each of which reported spending Methodology for a more detailed descrip- parency in real estate transactions. As mat- at least $10 million on political activities to tion.)

VerDate Sep 11 2014 02:52 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.011 S12DEPT1 December 12, 2018 CONGRESSIONAL RECORD — SENATE S7465 These methods frequently led Issue One to Trump administration allows groups to We will soon—probably in January be able to identify transactions—and do- hide the identities of their donors. It but early on—we will see a bill coming nors—that have never previously been asso- allows big corporations and wealthy in- over to the Senate from the new Demo- ciated with these dark money groups. dividuals to inappropriately influence cratic majority in the House of Rep- Here are some of the highlights of what we learned: elections by contributing to outside resentatives because their No. 1 pri- Companies and labor unions are among the groups in secret. This amounts to un- ority is electoral reform, including get- donors identified by this research. limited corporate political spending, ting rid of secret money, making sure For instance, while the U.S. Chamber of effectively silencing the voices of ev- the public has that right to know who Commerce does not publicly reveal its do- eryday voters. is bankrolling these entities. nors, Issue One found that nearly 100 blue- Under this President, the Internal What the Treasury Department did chip companies have voluntarily disclosed Revenue Service is looking out for took us in the opposite direction. Cur- their own dues payments to the trade asso- wealthy donors rather than hard-work- rently, 501(c)(4) organizations have to ciation. The Dow Chemical Co. alone has contributed about $13.5 million to the U.S. ing, middle-class voters. report to the IRS the information Chamber of Commerce in recent years, while I strongly support today’s action to about their donors, but currently the health insurer Aetna Inc. has contributed overturn this rule. We need to reform IRS keeps that information confiden- $5.3 million and oil giant Chevron Corp. has our campaign finance system, improve tial. It does not share it with the pub- contributed $4.5 million. disclosures and transparency, and re- lic. We should share it with the public, Meanwhile, Issue One found that gun man- store the voice of the people in the and that is what the DISCLOSE Act ufacturer Sturm, Ruger & Co., Inc. has con- democratic process. that the House will pass will do. tributed more than $12 million in recent Michigan voters deserve to know who What this Treasury rule does is it years to the National Rifle Association, takes us in the opposite direction. It while tobacco company Reynolds American is behind the money being spent in our Inc. has contributed substantial sums to elections. We must take steps to im- says to those 501(c)(4)s that they no three major dark money groups in recent prove transparency and restore trust in longer even have to provide that infor- years: $275,000 to Americans for Tax Reform, our electoral system. Above all, we mation to the Treasury Department on $61,000 to Americans for Prosperity and at must ensure that every American has a confidential basis. So it heads in the least $50,000 to the U.S. Chamber of Com- an equal say in our elections, regard- wrong direction. It is especially out- merce. less of their means. The right of every rageous because it will take away one At the same time, Issue One found that citizen to make their voice heard at of the key tools the Treasury Depart- labor unions accounted for about $1 of every $8 raised between July 2009 and June 2017 by the ballot box is the very foundation of ment has to prevent foreign money a dark money group known as the VoteVets our democracy. I will continue to fight from being spent in our elections, be- Action Fund—which has touted itself as the to ensure that the voices of Michigan cause right now that information is ‘‘largest progressive organization of veterans families aren’t being drowned out by made available to the Department of in the United States,’’ In all, the VoteVets big corporations or wealthy individuals the Treasury. Action Fund raised more than $5.6 million with limitless resources who are trying If you are a 501(c)(4), you have to con- during this time from labor unions, with sig- to buy elections and the outcomes. fidentially report who is giving you nificant union donors including the Amer- We should be working to bring trans- money and how much. Now the Treas- ican Federation of Government Employees, ury Department says: We don’t want the United Association of Journeymen and parency to our political system, not Apprentices of the Plumbing and Pipe Fit- shielding special interest groups, big that information. We don’t want to see ting Industry and the American Federation donors, and this administration’s polit- anything. We don’t want to know if of State, County and Municipal Employees ical allies. I will support today’s IRS foreign governments are putting (AFSCME). dark money rule CRA, and I urge my money into 501(c)(4)s. We don’t want to Issue One’s analysis additionally revealed colleagues to join me in giving the know if the primary purpose of these that more than two dozen of the nation’s power back to the American people. funds is for electing or defeating can- largest trade associations have contributed I yield the floor to the distinguished didates as opposed to social welfare— to many of the top dark money groups in re- Senator from Maryland. which is the requirement for a 501(c)(4) cent years. Some have even contributed to three, four or five of the top 15 dark money Mr. VAN HOLLEN. Mr. President, I organization under our law. groups since Citizens United. rise in strong support of the resolution I think a lot of people are wondering For instance, the American Petroleum In- sponsored by Senators TESTER and why it is that this administration—and stitute (API), the Motion Picture Associa- WYDEN to overturn the Treasury De- now maybe the Senate—wants to actu- tion of America (MPAA) and Pharmaceutical partment rule. ally cover up for those who want to Research and Manufacturers of America We have heard loud and clear from spend their money secretly to try to (PhRMA) each contributed to five of the top the American people that they are sick elect or defeat candidates. One thing 15 dark money groups during the past eight and tired of the hundreds of millions of we know is that across the board, years. PhRMA alone, in recent years, has contrib- dollars of special interest money going whether they are Republicans or Demo- uted $12 million to the American Action Net- into our elections. They are especially crats or Independents, Americans be- work—a dark money group launched in 2010 sick and tired of all of the secret dark lieve—and I agree with them—that by former Sen. Norm Coleman (R–MN) and money going into our elections. they have a right to know who is GOP fundraiser Fred Malek. What do I mean by that? I mean spending all of that money to try to in- Another large donor identified on the other when wealthy individuals can con- fluence their vote. So let’s pass this side of the ideological spectrum: The Susan tribute to organizations and the Amer- resolution to overturn the Treasury Thompson Buffett Foundation, a private ican public has no idea who those indi- rule in defense of secret money, when foundation that is primarily funded by bil- lionaire investor Warren Buffett and that is viduals are, while those organizations we need more transparency and more named for his late wife. The Susan Thomp- go on to spend hundreds of millions of accountability. son Buffett Foundation has contributed $26 dollars to try to influence the votes of I yield the floor. million to the Planned Parenthood Action our fellow Americans. The PRESIDING OFFICER (Mr. SUL- Fund since 2012, earmarking these funds for We have all seen those commercials LIVAN). The Senator from Utah. ‘‘the charitable purpose of reproductive that come on TV that say they are FAREWELL TO THE SENATE health advocacy.’’ sponsored by the Committee for a Bet- Mr. HATCH. Mr. President, for more Mr. WHITEHOUSE. Mr. President, I ter America, the Committee to Support than four decades, I have had the dis- yield the floor to the distinguished Mom and Apple Pie, and the public tinct privilege of serving in the United Senator from Michigan. wants to know and has a right to know States Senate—what some have called The PRESIDING OFFICER. The Sen- who is spending all of that money to the world’s greatest deliberative body. ator from Michigan. try to influence their votes. Speaking on the Senate floor, debating Mr. PETERS. Mr. President, I rise The vehicle of choice for these shad- legislation in committee, corralling today in support of overturning the owy, dark money organizations has the support of our colleagues on com- Treasury Department’s rule that will been organizing their entities under promise legislation—these are the mo- allow even more dark money into our section 501(c)(4) of the Internal Rev- ments I will miss. These are memories political process. This action by the enue Code. I will cherish forever.

VerDate Sep 11 2014 02:52 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.012 S12DEPT1 S7466 CONGRESSIONAL RECORD — SENATE December 12, 2018 To address this body is to experience by choosing friendship over party loy- ever there were a time in our history a singular feeling—a sense that you are alty, we were able to pass some of the to heed the better angels of our nature, a part of something bigger than your- most important and significant bipar- I think it is now. self, a minor character in the grand tisan achievements of modern times— How can we answer Lincoln’s call to narrative that is America. No matter from the Americans with Disabilities our better angels? In the last year, I how often I come to speak at this lec- Act and the Religious Freedom Res- have devoted significant time and en- tern, I experience that feeling again toration Act to the Ryan White bill ergy to answering that question. and again. and the State Children’s Health Insur- Today, I wish to put flesh on the bones But today, if I am being honest, I ance Program. These are very impor- of Lincoln’s appeal. also feel sadness. Indeed, my heart is tant bills, and we were able to work to- Our challenge is to rise above the din heavy because it aches for the times gether even though we differed widely and divisiveness of today’s politics. It when we actually lived up to our rep- on politics. is to tune out the noise and tune into utation as the world’s greatest delib- Nine years after Teddy’s passing, it is reason. It is to choose patience over erative body. It longs for the days in worth asking: Could a relationship like impulse and fact over feeling. It is to which Democrats and Republicans this even exist in today’s Senate? reacquaint ourselves with wisdom by would meet on middle ground rather Could two people with polar-opposite returning to core principles. than retreat to partisan trenches. beliefs and from vastly different walks Today, allow me to offer a prescrip- Now, some may say I am waxing nos- of life come together as often as Teddy tion for what ails us politically. Allow talgic—yearning, as old men often do, and I did for the good of the country? me to share just a few ideas that, when for some golden age that never existed. Or are we too busy attacking each put into practice, could help us not They would be wrong. The Senate I other to even consider friendship with only fix the Senate but put our Nation have described is not some fairy tale the other side? back on the right path. Heeding our better angels begins but the reality we once knew. Many factors contribute to the cur- Having served as a Senator for nearly rent dysfunction, but if I were to iden- with civility. While our politics have always been contentious, an underlying 42 years, I can tell you this particular tify the root of the crisis, it would be commitment to civility has been im- thing: Things weren’t always as they this: the loss of comity and genuine portant and held together the tenuous are now. I was here when this body was good feeling among Senate colleagues. marriage of right and left, but the at its best. I was here when the regular Comity is the cartilage of the Senate, steady disintegration of public dis- order was the norm, when legislation the soft connective tissue that cush- course has weakened that marriage, was debated in committee, and when ions impact between opposing joints, calling into question the very viability Members worked constructively with but in recent years, that cartilage has of the American experiment. been ground to a nub, and I think most one another for the good of the coun- As the partisan divide deepens, one try. I was here when we could say with- of us feel that. We have actually seen it thing becomes increasingly clear: We out any hint of irony that we were happen. All movement has become cannot continue on the current course. Members of the world’s greatest delib- bone-on-bone. Unless we take meaningful steps to re- Our ideas grate against each other erative body. store civility, the culture wars will with increasing frequency and with Times have changed. Over the last push us ever closer to national divorce. several years, I have witnessed the sub- nothing to absorb the friction. We hob- We would do well to remember that version of Senate rules, the abandon- ble to get any bipartisan legislation to without civility, there is no civiliza- ment of regular order, and the full- the Senate floor, much less to the tion. Civility is the indispensable polit- scale deterioration of the judicial con- President’s desk. The pain is excru- ical norm—the protective law between firmation process. Polarization has os- ciating, and it is felt by the entire Na- order and chaos. But, more than once, sified. Gridlock is the new norm. And, tion. that wall has been breached. like the humidity here, partisanship We must remember that our dysfunc- Consider recent events: the pipe permeates everything we do. tion is not confined to the Capitol. It bomb plot in the midterm election, the On both the left and the right, the ripples far beyond these walls—to terrorist attack in Charlottesville last bar of decency has been set so low that every State, to every town, and to year, and the shooting at the congres- jumping over it is no longer the objec- every street corner in America. The sional baseball practice before that. tive. ‘‘Limbo’’ is the new name of the Senate sets the tone of American civic These are stark reminders that hateful game. How low can you go? The an- life. We don’t mirror the political cul- rhetoric, if left to ferment, becomes vi- swer, it seems, is always lower. ture as much as we make it. It is in- olence. All the evidence points to an unset- cumbent on us, then, to move the cul- Restoring civility requires that each tling truth: The Senate as an institu- ture in a positive direction, keeping in of us speak responsibly. That means tion is in crisis, or at least may be in mind that everything we do here has a the President, that means Congress, crisis. The committee process lies in trickle-down effect. If we are divided, and that means everyone listening shambles, regular order is a relic of the then the Nation is divided. If we aban- today. We live in a media environment past, and compromise—once the guid- don civility, then our constituents will that favors outrage over reason and hy- ing credo of this great institution—is follow. perbole over truth. The loudest voices, now synonymous with surrender. So to mend the Nation, we must first not the wisest ones, now dictate the Since I first came to the Senate in mend the Senate. We must restore the terms of the public debate. For evi- 1977, the culture of this place has shift- culture of comity, compromise, and dence, simply turn on the TV, but be ed fundamentally—and not for the bet- mutual respect that used to exist sure to turn down the volume. ter, in my opinion. Here, there used to here—and still does, in some respects. The media deserves some culpability be a level of congeniality and kinship Both in our personal and public con- in creating this environment by adopt- among colleagues that was hard to find duct, we must be the very change we ing outrage as a business model, but we anywhere else. In those days, I counted want to see in the country. We must are complicit when we use words to Democrats among my very best not be enemies but friends. Though provoke rather than to persuade, to di- friends. One moment we would be lock- passion may have strained, it must not vide rather than to unite. We only ing horns on the Senate floor, and the break our bonds of affection. make the problem worse when the ob- next we would be breaking bread to- ‘‘The mystic chords of memory will ject of our discourse becomes to belit- gether over family dinner. swell when again touched . . . by the tle the other side—to own the libs, for My unlikely friendship with the late better angels of our nature.’’ These are example, or to disparage the Senator Ted Kennedy embodied the not my words but the words of Presi- deplorables. If you are looking to con- spirit of goodwill and collegiality that dent Abraham Lincoln. They come vert someone to your side, humiliating used to live and thrive here. Teddy and from a heartfelt plea he made to the them is probably not the best place to I were a case study in contradictions. American people long ago on the eve of start. Who among us would make He was a dyed-in-the-wool liberal Dem- the Civil War. Lincoln’s admonition is friends with the same person who ocrat. I was a resolute Republican. But just as timely today as it was then. If would make him a fool?

VerDate Sep 11 2014 02:52 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.013 S12DEPT1 December 12, 2018 CONGRESSIONAL RECORD — SENATE S7467 Put simply, pettiness is not a polit- that I am most pleased with and the always be, the United States of Amer- ical strategy. It is the opposite of per- one that I hope will most define my ica. While that name has always been suasion, which should be the ultimate legacy is the Religious Freedom Res- more aspirational than descriptive, it aim of our dialogue. Our better angels toration Act. Religious liberty is a fun- at least gives us an ideal to strive for. call on us to persuade through gentle damental freedom. It deserves the very To achieve the unity that is our reason. They call on us to inspire and highest protection our country can namesake, we must reject the politics unite rather than to provoke and in- provide. of division, starting with identity poli- cite. In short, they call on us to em- At the same time, it is also impor- tics. Identity politics is nothing more brace civility. tant to take account of other interests than dressed-up tribalism. It is the de- In addition to embracing civility, we as well, especially those of our LGBTQ liberate and often unnatural segrega- must rediscover a forgotten virtue, one brothers and sisters. We are in the tion of people into categories for polit- that lies at the heart of our Nation’s process now of working out the rela- ical gain. This practice conditions us founding—pluralism. Pluralism is the tionship between religious liberty and to define ourselves and each other by adhesive that holds together the great the rights of LGBTQ individuals here the groups to which we belong—in American mosaic. It is the idea that we in America. There are some who would other words, the things that divide us can actually be united by our dif- treat this issue as a zero-sum game, rather than unite us. ferences, not in spite of them. who would make the religious commu- When institutionalized, identity poli- In a pluralist society, we can be polar nity and LGBTQ advocates into adver- tics causes us to lose sight of our opposites in every respect yet still as- saries. In my opinion, this is a mis- shared values. In time, we come to see sociate freely with one another. I can take. each other not as fellow Americans be White, conservative, and Christian, Pluralism shows us a better way. It united by common purpose but as op- and my friend can be Black, progres- shows us that protecting religious lib- posing members of increasingly narrow sive, and Muslim. We can be different erty and preserving the rights of social subgroups, and thus begins the but united precisely because we are LGBTQ individuals are not mutually long descent into intersectional hell. united by our right to be different. exclusive. I believe we can find sub- Our better angels call on us to resist That, in a nutshell, is pluralism. stantial common ground on these identity politics by recommitting our- Pluralism is the alchemy that issues that will enable us to both safe- selves to the American idea, the idea makes, out of many, one possible. It is guard the ability of religious individ- that our immutable characteristics do the means by which we have been able uals to live their faith and protect not define us. It is the idea that all of to weave together the disparate LGBTQ individuals from invidious dis- us—regardless of color, class, or threads of a diverse society more suc- crimination. We must honor the rights creed—are equal and that we can work cessfully than any other nation on of both believers and LGBTQ individ- together to build a more perfect union. Earth. At the heart of pluralism is the uals. We must, in short, find a path for- When we heed this call, we can achieve understanding that our country was ward that promotes fairness for all. My unity, and ideas—not identity—can re- personal religious beliefs require that, built not on a collection of common sume their rightful place in our public and I surely want to live up to those characteristics but on a common pur- discourse. beliefs. This is the last request I will ever pose. In my home State, we were able to make from this lectern—that as a Sen- When we approach political problems strike such a balance with the historic ate and as a nation, we listen to our from a pluralist perspective, we recog- Utah compromise, a bipartisan anti- better angels; that we recommit our- nize that the majority of our disagree- discrimination law that both strength- selves to comity; that we restore civil- ments are not matters of good versus ened religious freedoms and offered ity to the public discourse; that we em- evil but good versus good. Pluralism special protections to the LBGTQ com- brace wholeheartedly the principles of acknowledges that there is more than munity. No doubt we can replicate that pluralism; and that we strive for unity one way to achieve the good life, if you same success on a Federal level. That by rejecting the rhetoric of division. will. Accordingly, it seeks to accom- is why, as one of my final acts as a U.S. When we heed our better angels— modate different conceptions of the Senator, I challenge my colleagues to when we harken to the voices of virtue good rather than pit them against each find a way to compromise on this cru- native to our very nature—we can other. cially important issue—a compromise transcend our tribal instincts and pre- The adversary of pluralism is zero- that is true to our founding principles serve our democracy for future genera- sum politics, which we embrace at our and that is fair to all Americans. tions. That we may do so is my humble own peril. Zero-sum politics tempts us Our better angels invite us to walk prayer. to view life through an absolutist the path of civility and to embrace the Before I close, let my parting words prism, one that filters all nuance and principles of pluralism. Above all, they be words of gratitude. There are count- recasts everything as an either-or fal- call on us to strive for unity. Before less people I personally need to thank, lacy. This distorted way of thinking President Lincoln beckoned us to our but first and foremost, I wish to thank renders every policy squabble as a better angels, he warned that a nation the good people of Utah. Without you, Manichaean struggle for the soul of the divided against itself cannot stand. I could have accomplished nothing. The country. If the Republican tax bill That warning is especially relevant in landmark reforms that I have helped to passes, it will be Armageddon. If a our time. Today, our house is as di- pass in Congress have always been a Democrat takes the White House, it vided as at any time since the Civil joint effort, drafted by me under con- will be the end of America as we know War. stant guidance from people like you. In it. It is funny how these prophecies Each year, red and blue America that sense, the legislative legacy I never come to fruition. drifts further apart. As progressives leave behind is not mine but ours. That Answering the call to our better an- move to the coasts and conservatives goes for my colleagues here as well. gels requires us to reject zero-sum poli- retreat to the interior—to the center of Representing the Beehive State has tics in favor of pluralism. It requires us the country—we are finding that a lot been the privilege of a lifetime. Thank to make room for nuance and to see of difficulties have arisen, and they are you for allowing me to do so for 42 our differences not as competing but as not easy to solve. We increasingly sort years. That is a long time—the longest complementary. ourselves by geography. We also sort service of any Republican. Nowhere is the pluralist approach ourselves by ideology, with media diets I likewise wish to thank my family— more needed than in the fraught rela- catered to quiet our cognitive dis- my dear wife Elaine and our six chil- tionship between religious liberty and sonance and confirm our preconceived dren, who have stood by me through LGBTQ rights. As my colleagues know, notions. It is a sad consequence of the thick and thin. I have made religious liberty a priority Information Age that Americans can Of course, I wish to thank my con- of my public service. Of all the hun- now live in the same city but inhabit gressional colleagues, especially Lead- dreds of pieces of legislation I have completely different worlds. er MCCONNELL and Speaker RYAN, and passed—and I have passed a lot during Something has to give; the status the countless other public servants, in- my 42 years in the Senate—the one quo cannot hold. These are, and should cluding my friends on the Democratic

VerDate Sep 11 2014 02:52 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.015 S12DEPT1 S7468 CONGRESSIONAL RECORD — SENATE December 12, 2018 side, as well, whom I have had the Before I get even more sentimental, I am telling you—the chairman remem- privilege of working with over the note that this is a final floor speech, bers this—Senator Kennedy and ORRIN years. These are friendships I will not a final goodbye. Three weeks from HATCH got down right away to duking treasure forever. now, I will no longer hold office, but I it out. They were duking it out over I also wish to thank my protective will continue to hold a special place in labor law and all kinds of things, but detail—the 20-plus men and women who my heart for all of you, for all of my they began to develop a mutual re- have worked day and night to keep me colleagues. I look forward to con- spect. I am going to close by reading safe over the years. These officers are tinuing these special friendships even what Senator Kennedy said about like family to me. long after I have left the Senate. ORRIN HATCH. As all of you know, a Senator is only I want to thank everybody in the Senator Kennedy said: We are beyond as good as his staff, which is why I Senate, all of the staff members, all of the point where we let our differences need to recognize mine today. My Fi- the law enforcement people, all of the get in the way of opportunities for nance Committee staff is unequaled. people who have provided us with progress. We have just learned it is a Led by Jeff Wrase, it has helped me ac- knowledge and ability. I want God to lot easier to work together than it is to complish things I never could have ac- bless all of you. fight each other. complished on my own. May God bless the Senate, and may Senator Kennedy said: In particular, I wish to thank my He bless the United States of America. We have differences in terms of perhaps personal staff—the countless men and With that, I yield the floor. how we achieve the objectives, but I don’t women who have served alongside me (Applause, Senators rising.) really feel that I have a difference with Orrin over the years. Because of you, I have in terms of what the objectives ought to be. Thank you very much. If you build upon that kind of understanding been able to pass more bills into law The PRESIDING OFFICER. The Sen- and respect, you get a lot of things done. than any legislator alive today. Thank ator from Oregon. Colleagues, I am telling you, if you Mr. WYDEN. Mr. President and col- you. I love you all. look at 2017 and 2018, for the millions of Let me take a moment to recognize leagues, we have so many waiting to kids who will benefit from the 10-year them personally. Thanks to my chief of speak about our friend Chairman Children’s Health Insurance Program, staff, Matt Sandgren, I am ending this HATCH that I am going to be very brief. the scores of families who are going to If you are to talk about the Chair- term on a crescendo of legislative ac- benefit from the foster care dreams man’s record over the last 42 years, we tivity, having introduced more bills Marian Wright Edelman has been would be here for months and months this Congress than at any other time dreaming about, and the millions of on end. during my Senate service. In the last 2 seniors who will benefit from updating I wish to say, if you had told this years, we have also enacted a historic the Medicare guarantee, that came number of bills into law. My staff has body or the country in the winter of about because Chairman HATCH looked 2017 that you would pass in this Con- not let up in the final stretch, not one at Senator Kennedy’s words, and he has gress a bipartisan 10-year reauthoriza- bit. We have been a legislative power- continued that tradition in the Fi- tion of the Children’s Health Insurance house to the very end, and I have to nance Committee today. I just want Program—we have plenty of Finance thank Matt Sandgren for his efforts in him to know how much we appreciate members here—you would have been that regard. I have had many chiefs of that work. staff, and I have loved all of them, but charged with hallucinating. People It is going to matter, Mr. Chairman, I think I saved, maybe, the best for would have said: No way; it couldn’t for millions of people from sea to shin- last. possibly happen. ing sea, and I thank you for the oppor- My Utah staff has also played a crit- If you had said in the winter of 2017 tunity to pursue those opportunities ical role in my legislative success. A that you were going to pass a major set with you. huge thank-you goes to Melanie of reforms on foster care—reforms that I yield the floor, and I look forward Bowen, Sharon Garn, Annette Riley, Marian Wright Edelman of the Chil- to hearing from my colleagues. Heather Barney, Sean Firth, Cloe dren’s Defense Fund has been dreaming The PRESIDING OFFICER. The Sen- Nixon, Jessa Reed, Ron Dean, Matt about for decades—they would simply ator from Utah. Hurst, Nathan Jackson, Courtney have said: That is impossible. It Mr. LEE. Mr. President, it is with Brinkerhoff, and Emily Wilson. couldn’t possibly happen. You are hal- mixed emotions that I stand today to Here in DC, a huge thank-you goes to lucinating. honor my friend, my colleague, and my Matt Jensen, James Williams, Matt Colleagues, listen to this. If you had mentor, the senior Senator, the Sen- Whitlock, Corey Messervy, Ruth Mon- said in the winter of 2017 that you were ator from Utah, ORRIN HATCH. toya, Celeste Gold, Sam Lyman, Chris going to start a transformation of This year marks the end of an out- Bates, Peter Carey, Brendan Chestnut, Medicare with over 50 million seniors— standing 42-year tenure serving the Kristin McLintock, Jacob Olidort, Ally a transformation from a program that people of Utah in the U.S. Senate. In Riding, Dianne Browning, Heather traditionally used to be about acute ill- that time, Senator HATCH has made an Campbell, Nick Clason, Jeff Finegan, ness and now is largely about chronic indelible mark on our State, on the Will Holloway, Rick James, Bailee illness: cancer, diabetes, heart disease, U.S. Senate, and on this Nation. Flitton, Abdul Kalumbi, Monique and stroke—if you had said in 2017 that People who follow Washington poli- Laing, Karen LaMontagne, Keri Lyn you were going to transform Medicare tics closely know, of course, what he Michalke, Romel Nicholas, Lauren to update the Medicare guarantee to has meant to this institution and also Paulos, Jordan Roberts, Margo Rob- help seniors, once again, they would to his party, to his State, and to the bins, and Samantha Ryals. This truly have said: Impossible. Republic. But for those of us from is the best staff on Capitol Hill, in my Colleagues, that has happened in this Utah, ORRIN HATCH is more than just a opinion. Congress because Chairman HATCH was prominent name in the news; he is a Last, and perhaps most importantly, willing to reach across the aisle, and towering political figure, not only of I wish to thank my Father in Heaven, now millions of kids, millions of sen- his generation but also of the genera- who has allowed me to serve much iors, and families from sea to shining tions that have come along in his wake longer than my detractors would have sea for whom the foster care system and that will follow. hoped. Each time I walk into this didn’t work are now going to be able to Many Utahns can’t remember a time Chamber, I am humbled by the sym- have a better path. before ORRIN HATCH was serving, lead- bolic significance of it all. I am re- I am going to close my remarks—I ing, and speaking out for us in Wash- minded of a passage of scripture, one of know so many colleagues want to ington. One of the great privileges of my favorites: For of him unto whom speak—by quoting Senator Kennedy. my young life was the opportunity to much is given, much is required. Truly, As you know, Senator Kennedy had a serve as his page when I was a teen- God has given me so much. In return, I long friendship with ORRIN HATCH. In ager. He was then, as now, one of the have tried to give back as much as I 1981, Chairman HATCH took the gavel of leaders of the Senate—not only a polit- could. I hope He will accept my best ef- what was called the Senate Labor and ical role model but a role model, pe- forts. Human Resources Committee. And I riod; outspoken but always thoughtful;

VerDate Sep 11 2014 04:35 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.016 S12DEPT1 December 12, 2018 CONGRESSIONAL RECORD — SENATE S7469 honest but always gentle; tough when and devotion to that noble cause. for 61 years. Together, they have 6 chil- he had to be and kind even when he Against all odds and with a whole lot dren, 23 grandchildren, and 24 great- didn’t have to be. of work from ORRIN, from his family, grandchildren. They are his proudest One of my fondest memories of Sen- and from his faithful band of sup- achievements, and he credits their love ator HATCH was something that oc- porters, HATCH beat the incumbent as his key to success. curred a couple of years after I was his Democrat by a solid margin. Thus Despite decades at the very pinnacle page. I was maybe 18 years old or so. I began his long and now famous career of American Government, ORRIN be- was in Salt Lake City attending the in the Senate and his many years of lieves the most important years of his semiannual General Conference of the striving to serve the interests of Utah life were the two spent serving as a Church of Jesus Christ of Latter-day and the Nation. For more than four missionary in the Great Lakes Mission Saints in the tabernacle at Temple decades, ORRIN has not only been en- of the Church of Jesus Christ of Latter- Square. I happened to be sitting with gaging in the great debates of his time, day Saints. my family—with my parents and sib- he has been leading them. As Senator HATCH mentioned in re- lings—just a row behind Senator HATCH As I see it, the thread that runs cent remarks, an article of our faith is and his family. through Senator HATCH’s politics is that ‘‘if there is anything virtuous, Toward the end of the meeting, it trust—his trust in the American peo- lovely, or of good report or praise- was time for Senator HATCH to catch ple, his trust in the Constitution of the worthy, we seek after these things.’’ his plane to go back to Washington, United States, his trust in this great And this is, indeed, how ORRIN HATCH where he was representing our State so institution that is the U.S. Senate. has lived his life and the way in which faithfully. When he turned around and That trust of consumers, producers, he has faithfully served God, family, saw me there, he stopped, recognizing workers, and families is why he is such his country, and his State. me. He took the cuff links right off of an effective advocate for the free enter- Utah and the United States of Amer- his shirt—they had the seal of the U.S. prise economy. It is why he sponsored ica as a whole are better off for his Senate on them—and he handed them a balanced budget amendment to the service since he decided to run for the to me as a gift. I felt like and was at U.S. Constitution some 17 times and Senate all those years ago. I am grate- that moment the luckiest kid in the whence his nickname ‘‘Mr. Balanced ful for all the time he has dedicated to world. I felt just like a rock star had Budget’’ from Ronald Reagan origi- the State of Utah and for the personal handed me his guitar after a sold-out nated. encouragement he has given me. And concert. That is how I felt at the con- In shepherding the historic tax re- from the time that I was his page to ference that day. form law we passed last year, Senator the past years that I have also been his Of course, ORRIN HATCH’s career HATCH adopted an inclusive, open- colleague in the U.S. Senate, it has stretches back much further than that. minded approach that succeeded spe- been an honor to serve with him. In 1976, the political landscape of the cifically because he trusted his col- I yield the floor. United States was very different than leagues, because he invited them into The PRESIDING OFFICER. The Sen- it is today. We were plagued at that the process and he allowed them to ator from Oklahoma. time with double-digit inflation, high make their own mark on that legisla- interest rates, growing unemployment, tion. He trusted his colleagues, and it Mr. INHOFE. Mr. President, I have and a diminishing military. America worked. bad news and good news. The bad news was still reeling from the war in Viet- His work in the 1980s helping to cre- is that it was suggested to me that nam and from the Watergate scandal. ate the modern generic drug industry there is some type of a rule at a time At the same time, Congress was rap- was based on the same principle—trust- like this where the senior person in the idly expanding the Federal budget with ing the American people and the Amer- Chamber speaks next, and that is me. little or no regard for the future debt it ican economy to make good decisions The good news is that it is short, and was racking up. Washington was gov- for individuals, for families, and for the reason is because I didn’t really erned by the belief that government their healthcare. think about this until I came down was the answer to every problem and We all know the honors and acco- here to watch Senator HATCH. that ordinary Americans could not be lades. They include President pro tem- I remember so well that long before I trusted to make decisions by them- pore and being a recipient of the Presi- was in the House—ORRIN, long before selves. dential Medal of Freedom. But ORRIN then—you were the guy I always lis- It was in this environment that would be the first to tell you that the tened to. You would get phone calls ORRIN HATCH, without any previous po- real legislative legacy he leaves behind from some obscure State senator out in litical experience, without having held is the work of a Senator who has spon- Oklahoma who was complimenting previous political office or, according sored more bills that have become law you. You might even remember one to experts, much chance of success, than any other lawmaker alive today. time when you and I put something to- stepped up, and he stepped up in a very Look at the stamp he leaves on the gether where we were going to balance big way. Senate Judiciary Committee alone, for the budget and pass an amendment As he wrote in one of his memoirs, ‘‘I example. Not just landmark legislation that we knew would pass because we could not escape the powerful and per- like the Religious Freedom Restora- were going to confirm everything be- sistent belief that my state and coun- tion Act, which guarantees robust pro- fore we got it passed, and that was a try were in serious trouble, headed tections for all Americans to live, brilliant idea that didn’t work. Never- down a dangerous and destructive path, work, and worship according to their theless, we talked quite often about and that if given a chance, I could beliefs—this legislation itself leaves things, and you were the one I looked make a difference. I felt it was my behind a solid, proud legacy, one that up to. duty, my responsibility, to run and at will last for generations. Just within The same thing happened. You had a least give voice to my concerns and my the Senate Judiciary Committee alone, way. When I was in the House, I would ideas for remedying what was wrong. It Senator HATCH has also been involved see you more than anyone else during was my obligation to give the voters in the selection and confirmation of the annual National Prayer Breakfast. another choice.’’ Federal judges not just in Utah but You would be active on that from the So ORRIN—the son of a tradesman, across the country, and every current Senate, and I would be from the House. who grew up during the Great Depres- member and many past members of the So you kind of had a way of saying sion in a ramshackle house built from U.S. Supreme Court. That, too, is a leg- things differently, the things you have recycled lumber—did just that. He de- acy which will far outlast his time in heard many times before that you fied the pundits, and he took the the Senate still by many, many dec- don’t realize you have been wrong on plunge. From his first campaign in ades. all the time. You did it a few minutes 1976, ORRIN understood that Utahns Yet, despite all the history ORRIN has ago when you talked about Lincoln. wanted the country to go in a different made in Washington, his story is even You talked about ‘‘the House divided direction, and he was ready to offer his more impressive. He has been a loving against itself’’ and drew that relation- service and the full energy of his heart and devoted husband to his wife Elaine ship to what is happening today.

VerDate Sep 11 2014 04:35 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.018 S12DEPT1 S7470 CONGRESSIONAL RECORD — SENATE December 12, 2018 You said it. When you talk, you are commented, Senator HATCH’s record of children, by last count, have much to talking history, and it meant some- having passed more legislation than be proud of as well. thing different than anything I had any Senator alive today is one that ORRIN HATCH has compiled an ex- ever seen. The Scripture you have demonstrates his commitment to traordinary record on issues ranging quoted, ‘‘To whom much is given, much bridging the partisan divides to achieve from tax reform, education, national is expected,’’ I didn’t think about that. and advance the common good and to defense, scientific research, criminal I just want to tell you, you have been improve the lives of Americans. justice, and healthcare. In fact, it is given a lot and a lot was expected and I have known and admired ORRIN difficult to think of an issue where he you surpassed all expectations. HATCH for nearly all of his time in the has not left his mark. He is a dedicated I am going to wind up here with an Senate. I was on the staff of Senator advocate of our Senate traditions and a experience I had a week ago today that Bill Cohen, who joined the Senate in fierce defender of our Constitution. His was, I think, a violation of our rules, 1979, just 2 years after Senator HATCH. wide-ranging accomplishments are but I occasionally do that anyway. I re- I saw from the start, as a staffer ob- united by a commitment to always member my junior Senator, JAMES serving Senator HATCH, that this gen- move our country forward. LANKFORD, who said something at the tleman from Utah was brilliant, he was ORRIN, our Nation is so grateful for conclusion of your remarks a week ago. kind, and he was devoted to his duty to your service, and I am so grateful for He said: I have been here 3 or 4 years, serve others. He truly is one who leads your wise counsel, mentorship, and and I don’t remember one time that I by example. friendship over the years. I offer my have seen ORRIN HATCH when he didn’t Senator HATCH has placed careful best wishes to you and to Elaine for encourage me and tell me I was a very consideration and compromise above many years to come. special person, and I will always re- partisan politics, time and again. From Thank you. The PRESIDING OFFICER. The Sen- member that. the landmark legislation to create the When he said that, I began thinking. State Children’s Health Insurance Pro- ator from Wyoming. Mr. ENZI. Mr. President, as this ses- I have been here about 24 years, and I gram, during my very first year in the sion of Congress draws to a close, it can’t think of one time you haven’t Senate, to the recent tax reform law to provides us with an opportunity to ac- been encouraging and an encouraging strengthen our economy and grow jobs, knowledge and express our apprecia- I have had the great pleasure to work voice. I would come to a conclusion tion to those Members of the Senate with this remarkable leader. that there is a reason for this. You re- who will be retiring in just a few In fact, I remember my freshman flect, as much as anyone I can think of, weeks. One of those Senators who is re- year in the Senate when Senator the civility and love of Jesus, and I can tiring and whose leadership and insti- HATCH came to see me in my office. He assure you, Jesus is very proud of you tutional knowledge will be missed is this morning. I love you. told me about his plan to expand my friend ORRIN HATCH of Utah. health insurance for the unserved chil- I yield the floor. I have known ORRIN since my first The PRESIDING OFFICER. The Sen- dren of our country. He said he was au- days 22 years ago in the Senate, and I ator from Maine. thoring the bill with Ted Kennedy, and much appreciated working with him Ms. COLLINS. Thank you, Mr. Presi- I thought, well, that is a surprising over the years. His mentoring, his dent. This September, at the height of combination, but then I learned it was guidance, his love, and his sharing of yet another contentious campaign sea- not; that he would work together with his faith have made a tremendous dif- son, Senator ORRIN HATCH authored an his colleagues on both sides of the aisle ference to me. op-ed for Time magazine which we to accomplish the goals he set. He in- He comes from a State that borders should all read. Its theme was reflected vited me to be one of the early cospon- my own. We are neighbors. As a west- in the remarks he delivered today in sors of that bill, and I was so flattered ern Senator, he has an understanding his farewell address to the U.S. Senate that this senior Member of the U.S. of what is truly important to the peo- and to our country. Senate would come to me, a mere ple in our neck of the woods and has With his combination of eloquence freshman, and invite me to join in co- fought to make this country better and straightforwardness that has en- sponsoring such legislation that has during his time in the Senate. lightened this Chamber for more than made such a difference for millions of Before I talk about his many accom- four decades, our colleague from Utah American children. plishments in public service, I want to called upon all Americans to embrace, In addition to his accomplishments acknowledge some of the other things as he put it, ‘‘the practice of true toler- as a legislator, Senator HATCH holds about him that have also been men- ance: respecting others’ beliefs even, or another record that is unsurpassed. In tioned, his life and role beyond the perhaps especially, when they differ 32 of his 42 years in the Senate, he has Senate. from our own.’’ been either the chairman or the rank- So often it is easy to gloss over Senator HATCH reminded us that our ing member of a major committee. He things that are important to Senators system of government, crafted by the is held in very high esteem by his col- personally. Sometimes it is easy to for- Founders with great wisdom and un- leagues. The Presidential Medal of get the men and women we know have derstanding of human nature, only Freedom that he was awarded in No- their lives that stretch beyond these works when we recognize ‘‘that the ma- vember acknowledges the gratitude the Halls. ORRIN has been married to his jority of our political disagreements American people have for his many wife Elaine for more than 60 years. He are not matters of good versus evil but contributions. is a father of 6, grandfather of 23, and good versus good,’’ as he put it. He con- There is another side of Senator currently has 24 great-grandchildren. cluded his important essay with these ORRIN HATCH. He is also a wonderfully He is an author and a man of many tal- words: ‘‘When we embrace these virtues talented musician and successful song- ents. It has been mentioned that he is fully, we can heal partisan divisions, writer. The beautiful song he cowrote a talented composer and musician and reinvigorate the public discourse and for the 2005 Presidential Inauguration, has both a gold and platinum record begin to realize the full potential of called ‘‘Heal the Land,’’ includes this from the Recording Industry Associa- American democracy.’’ line that describes the mission to tion of America. He has been instru- To our friend and colleague ORRIN which he has devoted his life: ‘‘Keep us mental in the musical world and has HATCH, those are not just words; rath- ever on the path of liberty.’’ been awarded an honorary Grammy. He er, they have represented his guiding Of all of his accomplishments, Sen- has been the main protector of copy- philosophy throughout his 42 years of ator HATCH is most proud of his family, rights. service in the U.S. Senate. They are as he mentioned today. He credits their ORRIN has dedicated his life to serv- why he is such an admired statesman love and support as the key to his suc- ing the people of Utah. He has always here in Washington, throughout our cess, and anyone who has met his won- worked for the best interests of Utah, Nation, and around the world. derful wife Elaine will have to concede and that includes Americans nation- They are why he is one of the most that Orrin has a point. His wife of more wide. effective legislators of modern times. than 60 years, their 6 children, 23 He has served in the Senate since 1977 As many of my colleagues have already grandchildren, and 24 great-grand- and since 2015 has been the President

VerDate Sep 11 2014 02:52 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.019 S12DEPT1 December 12, 2018 CONGRESSIONAL RECORD — SENATE S7471 pro tempore, where he can be seen pre- Elaine, whose unwavering love and support who serve our country and govern- siding during the opening of the Senate made all of this possible. ment, he is a shining example of ex- for daily business probably more than ORRIN has been a great source of actly what should cause them to keep any other President pro tempore of the strength and a great support for our faith for the future of this country. As Senate. party, and he will be missed. My wife long as we have men and women of the The numbers are in, and they are im- Diana joins me in sending our best character of ORRIN HATCH serving in pressive. He has served under seven wishes and appreciation to ORRIN and the U.S. Government, we have nothing Presidents, been a part of both the mi- Elaine. We wish them all the best as to worry about. nority and majority, and has served they have time to spend with their Let me just say to my friend ORRIN, the people of Utah and the U.S. Senate children, grandchildren, and great- thank you for being my friend. Thank for over 40 years. ORRIN has served in a grandchildren. Together, they have you for being a great example for all of variety of leadership roles and has been great examples of the importance us to emulate. There is nothing more helped America every step of the way. of public service, and we wish them the powerful in life than a good example, He has had the opportunity to serve as best in whatever adventure they choose as ORRIN has helped us realize. the chairman of three major Senate to pursue next. We wish you and Elaine and your committees—the Health, Education, ORRIN, it will be said that it was well family all the best. As the Scripture Labor, and Pensions Committee; the done, good and faithful servant. Happy says: You fought the good fight, you Judiciary Committee; and most re- trails. finished the race, and you kept the cently, the Finance Committee while I yield the floor. faith. We love you for it. doing the tax bill. He has run for Presi- The PRESIDING OFFICER (Mrs. Today, I have the difficult task of dent. He has been considered as a po- ERNST). The majority whip. trying to sum up the work of a great tential nominee for the Supreme Court. Mr. CORNYN. Madam President, I Senator, a valued colleague, and a He has played a role in confirming have been sitting here listening to all great friend. every Supreme Court Justice currently of the accolades being given to our While this is a familiar reality every sitting on the bench. ORRIN is emi- friend ORRIN HATCH, and I didn’t hear a other December, it doesn’t make the nently qualified for so many positions, word I disagree with. As a matter of task any easier—especially when it and America has been lucky to have fact, rather than offering my prepared comes to saying farewell to Senator his leadership through the years. The remarks, I ask unanimous consent that ORRIN HATCH. It is rare to find such a people of Utah, our Nation, and people they be made part of the RECORD fol- combination of wit and grace, humor of all faiths were fortunate to have him lowing my verbal remarks. and humility. But we find that in him, to rely on. ORRIN is a man of faith, one Let me just spend a couple of min- and the combination works. He is the who defends others’ right to worship in utes talking about the ORRIN HATCH American Dream personified, a shining peace. that I know. I first met ORRIN HATCH in example of where hard work and deter- He has consistently fought to rein in 1990, when I was a candidate for the mination can get you in life. the Federal Government. He has been a Texas Supreme Court. We had an event ORRIN’s story starts in Pittsburgh champion of responsible government in Dallas, TX, and, lo and behold, who from humble beginnings with parents spending and a leader of States’ rights. would be the star attraction? It cer- who worked for every cent they earned. He authored a constitutional amend- tainly wasn’t me. Who would be the Back then, in his words, he had to ment to balance the Federal budget star attraction of this event? It was ‘‘fight for everything,’’ and he meant that received 66 votes, just one short of Senator ORRIN HATCH, famous for his that both literally and figuratively. what was needed to amend the Con- work on the Senate Judiciary Com- After a bully shoved a young ORRIN on stitution. One of those votes was some- mittee, having served there for vir- the playground, he went home, stuffed body who had just run for election and tually his entire career in the Senate. a duffel bag with sand, and hung it said that was the most important thing Of course, he lent tremendous gravitas from a tree in his yard. He punched and no matter how many times it came to that event, which would otherwise that bag for hours, and when it came up, he would be voting for it. He voted have been forgotten, including by me, time to stand up to another playground against it, and that was the one vote in a short time. But it was indicative foe, he won. that was needed. Just by virtue of his to me of the importance that ORRIN has As he and his wife Elaine built their legislative triumphs, he has helped to always placed on the independent Judi- young family, he built a home for them author some of the most consequential ciary in our country, and we heard how himself, converting an old chicken pieces of legislation in our time. Many many judicial nominations he has par- coop. Elaine counts their time there as have been mentioned. ticipated in and how many Supreme some of her happiest memories. He paved the way for the sale of ge- Court Justices whose confirmation pro- It is this drive to succeed no matter neric drugs and helped advance innova- ceedings he has participated in. what the circumstance that lit a fire in tion for patients with rare diseases. He What I will always remember about ORRIN and made him a star in the has contributed to the protection of ORRIN is his generosity, his kindness, courtroom and later, in this chamber. children’s health and well-being as well and his faithfulness when it comes to ORRIN has served as a mentor to me as the rights of Americans with disabil- the rule of law and the role of our inde- and to so many others in Congress. ities. I know one of his proudest ac- pendent Judiciary. Our friendship goes back before my complishments is passing the Religious Recently, we had a debate in our con- time in the Senate to when I was run- Freedom Restoration Act, which pro- ference at one of our lunches. ORRIN is ning for the Texas Supreme Court. tects individual Americans’ right to ex- so famous for encouraging, as we heard ORRIN came to Texas to headline an ercise their religion. Most recently, he from the Senators from Oklahoma, Mr. event for me and the Chief Justice. It had the honor of having the Orrin G. INHOFE and Mr. LANKFORD. He is fa- was an outsized act of kindness for Hatch-Bob Goodlatte Music Moderniza- mous for being an encourager. I can’t someone of his stature in the U.S. Sen- tion Act named after him, which over- think of any one of us who hasn’t had ate, and an act I have never forgotten. hauled musical copyright law. ORRIN HATCH come up to us at some We have continued that friendship We both have a strong touch of the point during the day and say: You are and partnership on a wide range of West in our hearts, which we express doing a great job. Keep it up. issue areas, but often on one topic we every day in what we do. That is why Actually, the joke was that ORRIN find increasingly important for both I wasn’t surprised last year when ORRIN has told so many of us that he loved us, our states: trade. I have been fortunate announced he would not be running for that one of our colleagues said: Well, to benefit from ORRIN’s leadership on another term in the Senate. He said: he told me he loves me most—hoping the Senate Finance Committee as chair of the trade subcommittee, espe- I’ve always been a fighter. I was an ama- we would be jealous, I guess. teur boxer in my youth . . . but every good But the truth is, ORRIN has a heart as cially as we worked to pass Trade Pro- fighter knows when to hang up the gloves. big as all the outdoors. At a time when motion Authority. Although these . . . I look forward to spending more time people wonder about the future of our trade agreements are complex, they are with family, especially my sweet wife country and the character of the people not faceless: they affect whether or not

VerDate Sep 11 2014 02:52 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.021 S12DEPT1 S7472 CONGRESSIONAL RECORD — SENATE December 12, 2018 an American family can put food on yond grateful for his countless con- than businesses with a bigger check- their table. tributions to this country, this institu- book. ORRIN recognized that TPA is an in- tion, and to his beloved state over an That is why it is so important that tegral trade tool to ensure American outstanding career. we ensure transparency and account- workers and businesses get the best I want to thank him for his service ability in campaign financing through deal possible in pending trade agree- and bid him farewell. Senator HATCH’s robust disclosure requirements and ments. And passing it was a true team legacy will live on through our work, oversight. effort. we will make sure of it. Unfortunately, instead of making it Nearly everything I have done with Madam President, I yield the floor. easier to identify individuals and orga- Chairman HATCH on the Finance Com- The PRESIDING OFFICER. The Sen- nizations who are funding campaigns, mittee has been to help American fam- ator from Alaska. the Treasury Department has issued a ilies, and that is something ORRIN Mr. SULLIVAN. Madam President, I rule that will increase the amount of keeps at the forefront of his mind with just had the honor of presiding over dark money in the political process. each vote we take in committee or here Senator HATCH’s farewell address to That is money that comes in, and we on the floor. It drove his work during the Senate and to the country. I think have no idea where it comes from and our efforts on tax reform, his most his- for everybody who saw this—whether it who is behind it. This ill-advised rule toric achievement to date. He led the is our colleagues on the Senate floor change from the Treasury Department entire conference masterfully, pro- or, hopefully, millions of Americans— will eliminate the requirement that so- viding steady guidance and keeping our in his speech, they saw and heard, not cial welfare organizations, or 501(c)(4)s, goal of putting more money back in only in his remarks but in the remarks and business leagues, or 501(c)(6)s, re- the pockets of hard working Americans that have followed from Democrats and port donor information to the IRS. in mind. Republicans who have served with him That basically gives a blank check for ORRIN has also served as the Chair- for many years, why he is so revered in anyone to come in and spend any man of the Judiciary and HELP Com- this body as a statesman and as an ex- amount of money, and we are not going mittees and has had over 800 bills ample for all of the Senate. You just to know who it is or who is behind the signed into law—more than any living heard the accolades: civility, class, money. Senator. He has not let party lines stop competence, effectiveness, patriot, The change risks impeding law en- him from getting things done. He kind, statesman. We could go on and on forcement efforts to track money laun- joined with Senator Ted Kennedy on here. dering in our political system, and it the Children’s Health Insurance Pro- I want to thank him for his example. makes it more likely that foreign gram. He worked to lower the price of As an Alaska Senator, I also want to money will illegally influence our elec- prescription drugs. He pushed the thank him for being such a great friend tions. Under this new rule, organiza- Americans with Disabilities Act over to Alaska, my State. In my 4 years in tions that made over $197 million in the finish line. the Senate, as so many others have independent expenditures during the A lot of his ideas for legislation come said, he was always encouraging me 2016 election cycle would now be to- from his deeply held convictions and but always asking me: What can I do to tally exempt from disclosing who those his passions in life. A devout Mormon help, Dan? What can I do to help Alas- donors were to the IRS. The door will now be open to hun- and believer that all Americans should ka? dreds of millions more in dark money be able to practice the religion of their ORRIN, I want to thank you so much from secret groups with hidden agen- choice, he worked across the aisle to for that encouragement, for your ex- das, trying to buy an election with pass the Religious Freedom Restora- ceptional example to all of us, for your exceptional example to America, for money and influence. These dark tion Act. money groups have increased in size His love of music led him to partner your exceptional service not only to and scope since the Citizens United de- with fellow musician Senator LAMAR the people of Utah but to the entire cision, as they recognize the oppor- ALEXANDER on the Music Moderniza- Nation. It has been a great honor to tunity to influence elections with no tion Act, now law. It was the first serve with you, sir. I yield the floor. accountability. sweeping update of our music copy- Malicious actors at home and abroad The PRESIDING OFFICER. The Sen- right laws in 20 years, and it allows will likely exploit the increased se- ator from New Hampshire. artists to get the royalties they are crecy in this process, and the prolifera- due. CONGRESSIONAL REVIEW ACT tion of these dark money groups will ORRIN, a prolific songwriter, has had Mrs. SHAHEEN. Madam President, further influence our political system. hits included in movies and his songs we will soon be voting in this Chamber This Congress has a duty to ensure range from the serious, like a tribute on S. Res. 64, which is a Congressional the integrity and security of our elec- to his brother Jesse who died in World Review Act resolution looking at a toral process. We have to eliminate War II, to the patriotic, like his ballad, Treasury Department rule that I be- dark money contributions as we do ‘‘America Rocks!’’ Through all of his lieve will promote dark money in poli- this. Dark money has a corrosive influ- work, ORRIN has been driven by a belief tics. ence on our Democratic process be- that he would make a difference in the Since the Supreme Court’s decision cause it erodes trust in our institu- lives of Americans. It is this service in Citizens United, our political system tions, it distorts the motives of our mentality—guided by his strong has been flooded—absolutely flooded— elected representatives, and, perhaps faithk—that continues to be an inspi- with money from special interest most importantly, the American people ration to us all. groups. According to the Center for Re- have a right to know if the candidates Although he attributes his success to sponsive Politics, independent expendi- they choose to represent them are sup- hard work, he also knows he has been tures on campaigns went from $203 mil- ported by foreign groups and shady spe- given special talents by his Maker. lion in 2010 to $1.48 billion less than 10 cial interests. ORRIN once said, ‘‘There’s no question years later, in 2016. So it went from For these reasons, I strongly support that God has helped me throughout my $203 million in 2010, after the Citizens attempts to stop the Trump adminis- life, and I don’t want to let him down.’’ United decision, to $1.48 billion in 2016. tration’s misguided attempt to allow I believe our colleagues would join me This massive influx of money into more dark money into our political in saying that ORRIN, you have not let our elections undermines the con- process, and I urge my colleagues to him down. fidence of the American people in our support the resolution that will be I challenge my colleagues to outwork political system. It creates an environ- coming up shortly. ORRIN HATCH. I am not sure it can be ment that is ripe for corruption and in- I yield the floor. done, but we would be a better Cham- appropriate influence. It sows further The PRESIDING OFFICER. The Sen- ber for it. disenchantment among the electorate ator from Wisconsin. I think it is safe to say that my col- and impacts participation in our de- Mr. JOHNSON. Madam President, I leagues and I will miss the laughter mocracy. It allows voters to believe ask unanimous consent that I be al- and wisdom of this man, and we are be- that their votes are less important lowed to complete my remarks and

VerDate Sep 11 2014 02:52 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.004 S12DEPT1 December 12, 2018 CONGRESSIONAL RECORD — SENATE S7473 Senator TESTER be recognized at the that the IRS also included in its new donor information from schedule B. conclusion of my remarks for up to 5 guidance needed privacy protections in The disclosure of donor information minutes. response to recent government leaks has led to the harassment of donors in The PRESIDING OFFICER. Without and breaches. In order to protect tax- some very well-documented cases. objection, it is so ordered. payer privacy, under this new guid- In a court brief that was filed in Jan- TRIBUTE TO ORRIN HATCH ance, the donor information in ques- uary of 2017 in Americans for Pros- Mr. JOHNSON. Madam President, be- tion is prohibited from being made pub- perity Foundation v. Becerra, the fore I begin addressing my opposition lic by the government no matter where NAACP warned against States’ compel- to the CRA, I want to spend a brief mo- it is warehoused. ling the disclosure of donor informa- ment agreeing with all of the tributes So let me summarize. The donor in- tion: and all of the accolades of Senator formation in question is not used by Forcing an organization to release [organi- HATCH. the IRS for the efficient administra- zational membership and/or donor lists] to I wasn’t able to get down here on the tion of the internal revenue laws, as the State not only divulges the First Amend- floor because I couldn’t get down here was noted by the previous administra- ment activities of individual members and in time—he started a little bit early— tion. The information is required to be donors, but may also deter such activities in the first place. Specifically, individuals may but I watched the entire speech from kept on file and on the books of the or- my office. It just showed the integrity, legitimately fear of any number of negative ganization and to be available to the consequences from disclosure, including har- the patriotism, and the goodwill of this IRS or law enforcement, if needed, assment by the public, adverse government good man. which was also as proposed by the pre- action, and reprisals by a union or employer. Like so many of my other colleagues, vious administration. Finally, the in- This potential harm exists across the I don’t know another Senator who of- formation, no matter where it is political spectrum regardless of donors’ fers more encouragement and more housed, shall not be made public by the ideological beliefs. kind words to all of us than Senator government. Needless to say, the Congressional HATCH. Again, I wish him and Elaine These are clear and concise reasons Review Act challenge to the recent IRS well in their retirement. I wish them for a simple change that was made— guidance on where to house private the best. and let me reemphasize this point—in donor information is troubling, and its God bless Senator HATCH for all of his order to protect taxpayer privacy. Un- faithful service. motivation is highly suspect. For any- fortunately, such protection is nec- one who truly cares about privacy and CONGRESSIONAL REVIEW ACT essary because, when the IRS required Madam President, I rise to discuss ensuring that the Federal Government that donor information be reported on does not use the tax system as a polit- the Congressional Review Act chal- a form to the IRS, there had been nu- lenge put forward by the senior Sen- ical targeting machine, a vote against merous times during which the returns the Congressional Review Act chal- ators from Oregon and Montana. of tax-exempt organizations were inap- The CRA has been proposed in re- lenge is the obvious choice. I urge my propriately and possibly illegally dis- sponse to guidance on a revenue proce- colleagues to vote no. closed, whether through administrative dure recently announced by the Inter- I yield the floor. sloppiness, carelessness, breaches, or nal Revenue Service. As chairman of The PRESIDING OFFICER. The Sen- other potentially nefarious or partisan the Homeland Security and Govern- ator from Montana. reasons. Mr. TESTER. Madam President, be- mental Affairs Committee, I have writ- The reason tax-exempt organizations’ ten to the IRS twice asking them to fore I start, I thank Senator HATCH for donors may wish to remain anonymous take the very actions this CRA seeks his decades of service to this body, and is best illustrated in the 1958 Supreme to overturn. I wish him well in retirement. Let me begin by reviewing some Court case of the NAACP v. Alabama. This CR is about one thing—trans- basic facts about the guidance—facts The State of Alabama was attempting parency, sunlight, and making sure that are irrefutable, but facts that are to force the disclosure of the members people know what is going on with apparently being ignored by those sup- of the NAACP. The concern those their government. I rise on behalf of porting this measure. members had in having their names re- the millions of Americans who are First, I want to make it clear that vealed should be obvious. Fortunately, tired of seeing their democracy under- the guidance in question mirrors a pro- the Supreme Court decided unani- mined by mega-donors as they hide in posal that was crafted under the mously to protect the identities of the the shadows. As my friend from Maine Obama administration. While that pro- NAACP’s members. said, it would be like going to a public posal was never fully implemented, the Today, tax-exempt organizations meeting with a bag over your head. fact that it was first proposed by the that span the political spectrum and That is what this is about. Take the Obama administration proves its bipar- the supporters of those organizations bag off. Take them out of the shadows. tisan nature. deserve the same consideration and Since the Supreme Court’s ruling in Essentially, the guidance makes protection as the NAACP had. They de- 2010 in a case called Citizens United, we clear that personal identifying infor- serve to remain anonymous so that have had our democracy and our elec- mation of donors for certain tax-ex- they cannot be targeted by their polit- tions for sale. Over the past 8 years, empt organizations does not need to be ical opponents. billions of dollars have been spent to filed on a form with the IRS. However, A similar threat does exist today influence our elections. Nobody knows these organizations will still be re- from the compelled disclosure of donor where this money comes from. It could quired to keep that donor information information that is held by tax-exempt be coming from foreign countries. on file. Simply put, the guidance is organizations, including 501(c)(4) social Just 3 years after the unpopular Citi- merely a change in where the informa- welfare groups. If information about zens United decision, these wealthy tion is warehoused. donors to these groups becomes pub- families once again used the Supreme In the past, it was kept on a form at licly available, the information could Court to chip away at our democracy the IRS, as well as in the records of be used in a way that would chill fu- with the McCutcheon ruling. A handful each organization. Now, it will only be ture speech and association—a basic of our Nation’s wealthiest families kept in the records of each organiza- First Amendment right. have used this court ruling to hide be- tion. Donor information is also susceptible hind political action committees with It is important to note that the offi- to abuse by the Federal Government stoic names so they can build pipelines cials in the Obama administration said itself. In one egregious example in 2010, of cash to push their own agendas. that the reporting of such information the IRS sent 1.1 million pages of tax- While we are still tallying the totals is no longer necessary for the efficient exempt return information, including from this past election 5 weeks ago, we administration of the internal revenue donor information in some cases, to know that dark money groups in 2016 laws. I am not actually sure it ever was the Justice Department for potential spent $1.4 billion in that single elec- required. prosecutions relating to political tion. The one change being implemented speech. More recently, some States If we don’t take an aggressive ap- that differs from the Obama proposal is have sought to compel the disclosure of proach, more dark money is going to

VerDate Sep 11 2014 02:52 Dec 13, 2018 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.023 S12DEPT1 S7474 CONGRESSIONAL RECORD — SENATE December 12, 2018 flood our elections. It is going to mis- ing for the weakest link to try to de- Manchin Peters Tester lead voters and turn people away from stroy our country and destroy our de- Markey Reed Udall McCaskill Sanders Van Hollen our elections, our democracy, and, mocracy. One of our weak links today Menendez Schatz Warner quite frankly, will put our democracy is our broken campaign finance sys- Merkley Schumer Warren at risk. tem. Murphy Shaheen Whitehouse Murray Smith Wyden This is a very important joint resolu- It is time to pass this bill, shore up Nelson Stabenow tion, and it is not the first time we the election infrastructure, and take a have been here. During the Gilded era step toward eliminating the ability of NAYS—49 of the Copper Kings, this Nation’s our enemies to choose leaders in Wash- Alexander Gardner Paul wealthy openly exercised their power Barrasso Graham Perdue ington, DC. Blunt Grassley Portman over our democracy. Once again, they I thank the senior Senator from Or- Boozman Hatch Risch tried to buy it. In fact, in my home egon for his leadership and for helping Burr Heller Roberts State of Montana, Copper King William to force a vote on this important legis- Capito Hoeven Rounds Cassidy Hyde-Smith Rubio Clark’s solicitation for bribes during lation. Senator WYDEN and more than Corker Inhofe Sasse Cornyn Isakson his campaign for the U.S. Senate was 30 Members of this body cosigned our Scott Cotton Johnson so blatant that Mark Twain called him discharge petition, and 35 Members of Shelby Crapo Kennedy Sullivan ‘‘as rotten a human being as can be this body cosponsored this joint resolu- Cruz Kyl found anywhere under the flag.’’ tion of disapproval under the Congres- Daines Lankford Thune Today, I am concerned that the days of Enzi Lee Toomey sional Review Act to force today’s Wicker the Copper Kings have returned and are Ernst McConnell vote. Fischer Moran Young being ushered in, in part, by policies The public needs to know where the Flake Murkowski from this administration. Senators stand. Do they stand on the NOT VOTING—1 Back in July, the Treasury Depart- side of transparency and account- ment and the IRS took an unprece- ability, or do they side with the dark Tillis dented step and eliminated the require- money special interests who flood our The joint resolution (S.J. Res. 64) ments for certain tax-exempt organiza- elections with television ads and our was passed. tions to report to the IRS the identi- mailboxes with misleading ads? It is The PRESIDING OFFICER. The Sen- ties of their major donors. past time to wrestle our country back ator from Iowa. I will say one thing about the Sen- from the wealthy few who are fighting f ator from Wisconsin’s remarks—the to drown out the voices of regular MORNING BUSINESS Obama administration’s view on this folks. I urge the support of this joint was that it opposed it because it would resolution of disapproval so as to help Mr. GRASSLEY. Mr. President, I ask constrain the IRS in enforcing its tax take our country back. unanimous consent that the Senate laws. This administration’s policy I will close with one thing, and then proceed to a period of morning busi- through the Treasury, through the I will be quiet—and thank you for your ness, with Senators permitted to speak IRS, created another safe haven for tolerance. This is about transparency. for up to 10 minutes each. this country’s wealthiest donors to Tell me one time when transparency The PRESIDING OFFICER. Without hide in the shadows while they pulled has not been a good thing. It is the an- objection, it is so ordered. the levers of power in our democracy. tiseptic for good government. f Just like ordinary Americans took I yield the floor. TAX LEGISLATION control of our government at the end of The PRESIDING OFFICER. The Mr. GRASSLEY. Mr. President, as the days of the Copper Kings, when clerk will read the title of the joint the 115th Congress winds down, I would Senate seats were openly for sale—they resolution for the third time. like to reflect on the enactment of the acted—we have to act today. Today’s The joint resolution was ordered to historic tax legislation, which passed vote will overturn that rule and shed be engrossed for a third reading and last year, and what is ahead for us in more light on the folks who are trying was read the third time. the new year. to buy our elections. The PRESIDING OFFICER. Under In December of 2017, Congress passed, In my reelection campaign over the the previous order, the joint resolution and the President signed into law, the past 2 years, over $40 million of outside having been read the third time, the most comprehensive reforms to the Na- money was spent to influence just question is, Shall the joint resolution tion’s tax laws in more than three dec- 500,000 voters. We will never know who pass? ades. those folks were. These out-of-State fat Mr. WYDEN. Madam President, I ask For years, both sides of the aisle cats didn’t know the State of Montana; for the yeas and nays. have talked about the need for tax re- they just wanted to write the large The PRESIDING OFFICER. Is there a form that would provide tax simplifica- checks to try to influence and buy our sufficient second? tion, tax fairness, and increase Amer- State, just like the Copper Kings did There appears to be a sufficient sec- ica’s economic competitiveness. With 100 years ago. I guarantee that a lot of ond. the enactment of the law called the those dollars came from the same dark The clerk will call the roll. Tax Cuts and Jobs Act, we finally made money groups that are opposing this The senior assistant legislative clerk all three of those goals a reality. vote here today. They don’t want to called the roll. Significant simplification was see this joint resolution pass because it Mr. CORNYN. The following Senator achieved for individuals by nearly dou- undermines their efforts to anony- is necessarily absent: the Senator from mously influence our elections—once bling the standard deduction. This North Carolina (Mr. TILLIS). means people will be able to pay less again, taking away from the trans- The PRESIDING OFFICER (Mr. parency of our government. and avoid the tedious task of itemizing ALEXANDER). Are there any other Sen- their taxes. Overall, roughly 90 percent In addition to these wealthy few who ators in the Chamber desiring to vote? of taxpayers will file their taxes by are trying to buy our elections, these The result was announced—yeas 50, simply taking the standard deduction. dark money policies open the door to nays 49, as follows: foreign contributions to House, Senate, Moreover, thanks to a significantly and Presidential campaigns. Of course, [Rollcall Vote No. 260 Leg.] higher alternative minimum tax, which it is illegal for a foreign national to YEAS—50 we refer to as the AMT exemption, mil- contribute to our Federal candidates Baldwin Collins Hassan lions of middle-class taxpayers will no Bennet Coons Heinrich for office, but when you do not know Blumenthal Cortez Masto Heitkamp longer be faced with figuring out their who is contributing the money, how do Booker Donnelly Hirono tax liability two times: one time to we know that it is not the Russians or Brown Duckworth Jones calculate their regular tax liability that it is not the Saudis or other na- Cantwell Durbin Kaine and the second time to calculate their Cardin Feinstein King tions that are infiltrating our elec- Carper Gillibrand Klobuchar tax liability under the alternative min- tions? Our adversaries are always look- Casey Harris Leahy imum tax.

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