September 24, 2019 CONGRESSIONAL RECORD — SENATE S5651 When SSA took these anti-union ac- Hirono Peters Stabenow Those must sound like foreign words tions, Mr. Black was the White House Klobuchar Reed Tester to people in Washington, DC, who Markey Rosen Udall senior adviser at the Social Security Menendez Schatz Van Hollen think we ought to be able to live on Administration. Despite Mr. Black’s Merkley Schumer Warren solar panels and windmills exclusively, responsibility for SSA, he claimed in a Murray Smith but I always say, as important as re- letter to me that, ‘‘I was not involved NOT VOTING—6 newable energy is—and it is impor- in SSA’s implementation of the EOs.’’ Booker Jones Tillis tant—Texas generates the most elec- It is my understanding, however, Harris Sanders Whitehouse tricity for any State in the Nation that there is a pending Freedom of In- The nomination was confirmed. from wind turbines. The wind doesn’t formation Act request that may shed The PRESIDING OFFICER. Under always blow and the Sun doesn’t al- new light on Mr. Black’s involvement the previous order, the motions to re- ways shine, and you need some sort of with the Executive orders. SSA has consider are considered made and laid baseload to try to keep the electricity stated that an email records search upon the table and the President will flowing so people can be afforded the generated thousands of emails that be immediately notified of the Senate’s comforts of life and particularly in hot need to be reviewed for pertinence and action. Texas summers make sure the air-con- disclosure in response to the request, The Senator from Texas. ditioner continues to work. For as deep as our economic ties are, and that review is still ongoing. I cer- f tainly hope that SSA’s response will our cultural ties are just as strong. confirm Mr. Black’s statement that he LEGISLATIVE SESSION Texas is home to a vibrant Indian dias- was not involved with the Executive pora, with more than 150,000 Indian Americans living in the Houston area orders, but the Senate should wait MORNING BUSINESS until all the facts are in before moving alone and perhaps about half a million across our entire State. I was glad the forward with his confirmation. Mr. CORNYN. Mr. President, I ask Prime Minister had a chance to witness For those reasons, I will oppose Mr. unanimous consent that the Senate the Indian culture that is woven into Black’s nomination at this time. proceed to legislative session and be in the fabric of our State and meet a The PRESIDING OFFICER. The a period of morning business, with Sen- number of proud Indian Americans, in- question is, Will the Senate advise and ators permitted to speak therein for up cluding the 50,000 who showed up for consent to the Black nomination? to 10 minutes. the ‘‘Howdy, Modi’’ events in Houston Mr. HOEVEN. Mr. President, I ask The PRESIDING OFFICER. Without objection, it is so ordered. on Sunday, from 48 States, I am told. for the yeas and nays. Knowing the importance of a strong f The PRESIDING OFFICER. Is there a U.S.-India relationship, 15 years ago I sufficient second? PRIME MINISTER NARENDRA MODI cofounded the U.S.-India Caucus in the There appears to be a sufficient sec- Mr. CORNYN. Mr. President, on Sun- Senate. That was at the request of one ond. day I had the great honor of joining of my constituents who founded one of The clerk will call the roll. President Trump in welcoming Prime the Indo-American Chambers in the The senior assistant legislative clerk Minister Modi to the Lone Star State metroplex in Dallas, TX, years ago. He called the roll. in an event that was appropriately is the one who encouraged my wife and Mr. THUNE. The following Senator is named ‘‘Howdy, Modi.’’ I to travel to India in the first place, necessarily absent: the Senator from When his trip was announced, people where I learned a lot about the coun- North Carolina (Mr. TILLIS). on the west coast and the east coast try—the study in contrasts I men- Mr. DURBIN. I announce that the wondered, ‘‘Why Texas?’’ They tioned but also that this is the world’s Senator from New Jersey (Mr. BOOKER), thought, maybe, he would go to Silicon largest democracy, and we shared so the Senator from California (Ms. HAR- Valley to talk to Big Tech executives many values with that country because RIS), the Senator from Alabama (Mr. or spend some time in Washington hob- of our common English heritage and JONES), the Senator from Vermont (Mr. nobbing with diplomats and legislative particularly our respect for the rule of SANDERS), and the Senator from Rhode leaders. Those are great places to visit, law and use of the English language Island (Mr. WHITEHOUSE) are nec- but Houston is the energy capital of predominantly. essarily absent. We also saw the advantage of collabo- the world. It is providing literal fuel The PRESIDING OFFICER. Are there rating with India economically—1.3 bil- for our growing relationship with the any other Senators in the Chamber de- lion people—a great market for the Nation of India. siring to vote? things we make and grow in the United After nearly a four-decade ban on The result was announced—yeas 68, States and a great way to raise the U.S. crude oil exports was lifted, Texas nays 26, as follows: standard of living in India as we deepen sent the first American crude oil to our ties militarily and from a national [Rollcall Vote No. 301 Ex.] India, and today India is increasingly security standpoint. The difference be- YEAS—68 running on American natural gas. The tween today and what things were like Alexander Feinstein Murphy reason that is important is, when I vis- as recently as 2008, in terms of trade, is Barrasso Fischer Paul ited India for the first time in 2004, I Bennet Gardner just like night and day. Perdue witnessed a country that is a study in Blackburn Graham Portman In 2016, the United States designated Blunt Grassley Risch contrast—some highly populated areas India as a ‘‘major defense partner,’’ Boozman Hassan Roberts like Delhi and others, and then rural with the goal of elevating our partner- Braun Hawley Romney areas on the way to the Taj Mahal in Burr Hoeven Rounds ship with India to the same level as Capito Hyde-Smith Agra, you can see people literally liv- Rubio those of our other closest allies. Cardin Inhofe Sasse ing off the land and using dried cow Since then, we have taken a number Carper Isakson Scott (FL) manure as fuel for their food and for Casey Johnson of steps to strengthen our defense rela- Cassidy Kaine Scott (SC) warmth. Obviously, India needs access tionship, such as establishing ministe- Collins Kennedy Shaheen to affordable energy that America—and Shelby rial dialogue, increasing arms sales to Coons King Texas, in particular—can provide to India, and the first U.S.-India Cornyn Lankford Sinema Cotton Leahy Sullivan help improve their standard of living. triservice exercise later this year. We Cramer Lee Thune This trade is also vital to our econ- have made real progress, but there is Crapo Manchin Toomey omy in Texas, and we will keep export- more we can do to ensure that our ef- Cruz McConnell Warner ing our greatest natural resource to Daines McSally Wicker forts are aligned, just as our interests Enzi Moran Wyden our friends in India and around the are aligned. Particularly as China is on Ernst Murkowski Young world as a result of the energy renais- the march, having a strong and vibrant NAYS—26 sance we have seen and as a result of economy and a strong defense partner the use of unconventional extraction Baldwin Cantwell Durbin in India is more important than ever. Blumenthal Cortez Masto Gillibrand techniques like fracking and horizontal Earlier this year, I also introduced Brown Duckworth Heinrich drilling. an amendment to the National Defense

VerDate Sep 11 2014 04:38 Sep 25, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.011 S24SEPT1 dlhill on DSKBBY8HB2PROD with SENATE S5652 CONGRESSIONAL RECORD — SENATE September 24, 2019 Authorization Act, which requires the For many Texans, this is the second cards using codes we have received in Secretary of Defense to submit a report time in 2 years they have had to re- an email and manage our finances with on U.S.-India defense cooperation in cover from extraordinary flooding. The cloud-based software. Information we the Western Indian Ocean within 180 storm completely devastated commu- once would have locked securely in a days of enactment. nities throughout the southeast part of desk drawer, we now plug into an on- It will allow us to get a clearer pic- my State, and folks are just now begin- line forum without ever giving it a sec- ture of current military activities and ning what will undoubtedly be a major ond thought. will enable the Secretary of Defense to cleanup effort. We have contributed to our own, as I enter into military cooperation agree- With waters receding, local officials call it, ‘‘virtual you’’; that is, our per- ments and conduct regular joint mili- are now taking stock of the damage sonal online footprint unique to us, tary training and operations with India and moving from response to recovery. unique only to us. We have done this in the Western Indian Ocean. This These rain events—these huge floods— by trusting these platforms to keep our would be a major step to bolster our re- are often more than any one city or data secure. In a way, this level of lationship and strengthen our defense one county can manage alone. It is an connectivity and trust has made life a cooperation. all-hands-on-deck moment that brings lot easier and more convenient, but it I am hopeful this provision will ulti- together local, State, and Federal offi- has also made us vulnerable to exploi- mately be included in the Defense au- cials, as well as nongovernmental orga- tation and exposure. thorization bill that is now going nizations. I have spoken before about con- through the conference committee be- Governor Abbott declared a state of sumers’ justifiable expectation of a tween the House and the Senate, and I disaster in several counties to ensure right to privacy online. This year, I in- am optimistic we will be able to get State resources are available to local troduced the BROWSER Act, which I the President’s signature and see this government agencies. had previously introduced when I was critical legislation enacted into law. Last week, I spoke to many of the in the House. It is an effort to codify (Ms. MCSALLY assumed the Chair.) county judges who have jurisdiction this right to privacy that consumers TROPICAL STORM IMELDA over much of these flooded areas, the expect. BROWSER gives Big Tech basic Madam President, briefly, on one hardest hit areas, and I offered my sup- guidelines to follow when collecting other matter, Tropical Storm Imelda port. I want to assure everyone who and selling user data, and that user is made landfall in Southeast Texas last has been impacted by the storm that you. week and dumped massive amounts of they are not alone and that we are It has become understood that you rain all across the region. committed to working together as are the product when you are using It is just 2 years after Hurricane Har- State, local, and Federal officials to these social media apps and experi- vey, which is a more familiar name to ensure that they have what they need encing this connectivity. You are the people up here in DC, but the scenes to recover from this devastating Trop- product. You have the right to know are heartbreakingly similar. It wasn’t ical Storm Imelda. that you are that product, and you the high winds so much as it was the I yield the floor. have the right to decide what is shared incredible amount of water that was The PRESIDING OFFICER. The Sen- about your life. But protecting an indi- dumped into the Houston area and the ator from Tennessee. vidual’s data is only part of this pic- surrounding counties. Neighborhood Mrs. BLACKBURN. Madam Presi- ture. streets began to look more like rivers dent, I want to express to the Senator Last week, the Senate Committee on than roads. Folks were wading in the from Texas our concern and our Commerce, Science, and Technology water, carrying children on their thoughts for all of those who have been held a hearing to address the role that shoulders, and personal belongings so impacted. digital services play in the distribution washed away with raging floodwaters. DIGITAL RESPONSIBILITY We have learned before, and we were of violent and extremist content. We reminded again, that these storms Madam President, the Senator from welcomed testimony from Facebook, aren’t only disruptive; they are incred- Texas mentioned the floods and the im- Twitter, and Google, detailing what ibly dangerous. Five people have died pact that had happened. I found out they are doing to remove extremist as a result of the storm, and hundreds about some of the good work of the content on platforms. more remain displaced. Good Samaritans in the area by watch- I will tell you, before we talk about Imelda was the fifth wettest tropical ing what was taking place on social policing content, we, as Members of cyclone in the continental United media, and I am certain millions of this body, need to make sure we under- States, with some areas receiving more Americans saw firsthand some of the stand how the American people view than 31⁄2 feet of rain in a very short pe- generosity and the help that was given their use of social media and the inter- riod of time. But as we have learned be- there. net. fore, these trying times seem to some- Indeed, the internet and social media Whether social media platforms how bring out the best in people. platforms have transformed the way we should be regulated under the First A group of residents in the small communicate, the way we send out in- Amendment is beside the point. Ameri- community of Cheek, TX, waded formation, and many times the way we cans view these services as open public through chest-high water to rescue receive it. Correspondence that, just a forums, where they can speak their nine horses. Furniture store owner Jim few years ago, would have taken pen, minds on everything from defense fund- McIngvale, known to all of us as ‘‘Mat- paper, and postage is now sent and re- ing to the Emmy Awards. These con- tress Mack,’’ once again opened up his ceived with a simple click of a mouse. sumers don’t want the Wild West, nor stores as a shelter for victims. His em- Everything happens online, from do they want to be censored based on a ployees were running rescue oper- communicating about disasters to content reviewer’s subjective opinion. ations, taking furniture trucks out to shopping to party planning and to cam- What they want is an objective cop on pick up those who had been stranded paigning. We share photos and mile- the beat—just as in the public square, by high water. There was even a 21- stones with our ‘‘friends.’’ We let peo- an objective cop on the beat who is year-old college student who worked ple know that we are OK in times of equipped to properly identify incite- all night alone at a Beaumont hotel for disasters or that we need help. We ment, threats, and other types of 32 hours straight. Not only did he sin- share all of this not only with our speech that could put lives at risk. glehandedly manage a hotel, he and friends, but we are also sharing it with This, of course, is easier said than other guests ventured out into the companies that have built multibil- done. In the case of Facebook, for ex- flood to help distribute food and water lion-dollar empires based on their abil- ample, that translates to creating a set to truckers stranded in their trucks. ity to convince us to surrender just one of standards that 30,000 in-house engi- I am grateful to the countless people more little piece of unique data about neers and analysts and 15,000 content who have helped their neighbors in big us or about our families. reviewers will be able to apply—45,000 and small ways alike and who will no Beyond social media, we live our ev- people, and that is just one platform. doubt continue supporting their com- eryday transactional lives online also. There is a reason that time and again munities in the months ahead. We bank via apps. We sign up for credit Big Tech executives look at Congress

VerDate Sep 11 2014 04:38 Sep 25, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.035 S24SEPT1 dlhill on DSKBBY8HB2PROD with SENATE September 24, 2019 CONGRESSIONAL RECORD — SENATE S5653 and say ‘‘Oh, more regulatory control determine how much taxpayer money Hemisphere Affairs to the Vice President over the way we do business,’’ and it is is spent on the President’s request for from 2015 to 2017; John D. Feeley, U.S. Am- this: Policing legitimately dangerous a border wall. bassador to Panama from 2015 to 2018; Daniel content is a big job, and policing Like most Presidents, he didn’t get F. Feldman, Special Representative for Af- ‘‘awful but lawful’’ content as every dollar he wanted. Now the Presi- ghanistan and Pakistan at the U.S. Depart- Facebook CEO Mark Zuckerberg likes dent, through a sham national emer- ment of State from 2014 to 2015; Jonathan gency declaration, is taking $3.6 billion Finer, Chief of Staff to the Secretary of to call it, is an even bigger, more State from 2015 to 2017. daunting task. of funds we appropriated for military It takes 45,000 people to do a bare- construction projects to pay for his Jendayi Frazer, Assistant Secretary of minimum job for one company. Imag- wall. The real question is not whether State for African Affairs from 2005 to 2009; ine trying to create easy-to-under- the President is usurping our article I Suzy George, Executive Secretary and Chief stand, bright-line standards that 45,000 power to appropriate; he is, no doubt of Staff of the National Security Council from 2014 to 2017; Phil Gordon, Special As- employees will be able to digest and about it. The real question is, Will we sistant to the President and White House Co- apply quickly enough to keep up with do something about it? ordinator for the Middle East, North Africa the flow of content. That has to be an Today I urge all my colleagues to and the Gulf from 2013 to 2015; Chuck Hagel, intimidating task. vote in favor of our resolution termi- Secretary of Defense from 2013 to 2015; Avril I will tell you, if those executives nating the President’s national emer- D. Haines, Deputy National Security Advisor think the government could do a better gency declaration. to the President from 2015 to 2017; Luke job of deciding down to the letter what Madam President, starting off the de- Hartig, Senior Director for Counterterrorism those standards should be, I think they bate, I ask unanimous consent to have at the National Security Council from 2014 are mistaken. Only the engineers and printed in the RECORD the following to 2016; Heather A. Higginbottom, Deputy innovators know their companies well materials: a joint declaration from Secretary of State for Management and Re- enough to set their own internal poli- former national security officials out- sources from 2013 to 2017; Roberta Jacobson, cies for acceptable uses of their plat- lining why the President’s border U.S. Ambassador to Mexico from 2016 to 2018; form, but that is not to say that I will emergency does not qualify under the Gil Kerlikowske, Commissioner of Customs not be taking an interest in their ideas. National Emergencies Act and a Sep- and Border Protection from 2014 to 2017; We need to have a Federal standard tember 18, 2019, Washington Post arti- John F. Kerry, Secretary of State from 2013 of privacy and data security. We need cle outlining the dire outcomes warned to 2017; Prem Kumar, Senior Director for the to review censorship and prioritization, by the Pentagon if the military con- Middle East and North Africa at the Na- competition, and antitrust. struction projects don’t go forward. tional Security Council from 2013 to 2015; For example, Facebook is in the There being no objection, the mate- John E. McLaughlin, Deputy Director of the process of putting together a content rial was ordered to be printed in the Central Intelligence Agency from 2000 to 2004; Lisa O. Monaco, Assistant to the Presi- oversight board to adjudicate users ECORD R , as follows: dent for Homeland Security and Counterter- whose posts have been deemed in viola- JOINT DECLARATION OF FORMER UNITED rorism from 2013 to 2017; Janet Napolitano, STATES GOVERNMENT OFFICIALS tion and taken down. They have Secretary of Homeland Security from 2009 to pledged to make the identities of the We, the undersigned, declare as follows: 2013; James D. Nealon, Assistant Secretary moderators and their decisions public— 1. We are former officials in the U.S. gov- ernment who have worked on national secu- for International Engagement at the U.S. barring any safety risks—and to choose rity and homeland security issues from the Department of Homeland Security from 2017 a diverse panel. The biggest unan- White House as well as agencies across the to 2018; James C. O’Brien, Special Presi- swered questions here are these: Will Executive Branch. We have served in senior dential Envoy for Hostage Affairs from 2015 the moderators really reflect the leadership roles in administrations of both to 2017; Matthew G. Olsen, Director of the American political spectrum? How will major political parties, and collectively we National Counterterrorism Center from 2011 they be chosen? The American people have devoted a great many decades to pro- to 2014; Leon E. Panetta, Secretary of De- will demand more than a promise to be tecting the security interests of the United fense from 2011 to 2013; Anne W. Patterson, fair and impartial. States. We have held the highest security Assistant Secretary of State for Near East- As I said, government cannot make clearances, and we have participated in the ern Affairs from 2013 to 2017; Thomas R. highest levels of policy deliberations on a Pickering, Under Secretary of State for Po- these decisions in total for Big Tech, broad range of issues. These include: immi- but we can help guide them along the litical Affairs from 1997 to 2000. He served as gration, border security, counterterrorism, U.S. Permanent Representative to the way by passing privacy and data secu- military operations, and our nation’s rela- United Nations from 1989 to 1992; Amy Pope, rity standards. This is where working tionship with other countries, including Deputy Homeland Security Advisor and Dep- groups like the Judiciary Committee’s those south of our border. uty Assistant to the President from 2015 to Madeleine K. Albright, Secretary of State Tech Task Force come into play. 2017. Last week, I was speaking to a group from 1997 to 2001. Jeremy B. Bash, Chief of Samantha J. Power, U.S. Permanent Rep- of private sector tech gurus, and I told Staff of the U.S. Department of Defense from 2011 to 2013; John B. Bellinger III, Legal Ad- resentative to the United Nations from 2013 them that the only way we will be able viser to the U.S. Department of State from to 2017; Jeffrey Prescott, Deputy National to move forward is if the government 2005 to 2009; Daniel Benjamin, Ambassador- Security Advisor to the Vice President from does more listening and they do more at-Large for Counterterrorism at the U.S. 2013 to 2015; Nicholas Rasmussen, Director of talking and work with us on setting Department of State from 2009 to 2012; the National Counterterrorism Center from these basic standards. Antony Blinken, Deputy Secretary of State 2014 to 2017; Alan Charles Raul, Vice Chair- I stand by what I said. It is not—and from 2015 to 2017; John O. Brennan, Director man of the Privacy and Civil Liberties Over- should not be—Congress’s job to decide of the Central Intelligence Agency from 2013 sight Board from 2006 to 2008; Dan Restrepo, in retrospect what sort of culture com- to 2017; R. Nicholas Burns, Under Secretary Special Assistant to the President and Sen- panies like Facebook and Twitter of State for Political Affairs from 2005 to ior Director for Western Hemisphere Affairs 2008; William J. Burns, Deputy Secretary of meant to create. It is imperative that at the National Security Council from 2009 State from 2011 to 2014; Johnnie Carson, As- to 2012; Susan E. Rice, National Security Ad- these companies understand the Amer- sistant Secretary of State for African Affairs ican public views them as a public visor to the President from 2013 to 2017; Anne from 2009 to 2013; James Clapper, U.S. Direc- C. Richard, Assistant Secretary of State for square, an online public square, and it tor of National Intelligence from 2010 to 2017; Population, Refugees, and Migration from David S. Cohen, Under Secretary of the is up to them to be certain that there 2012 to 2017; Eric P. Schwartz, Assistant Sec- Treasury for Terrorism and Financial Intel- is an objective cop on the beat. retary of State for Population, Refugees, and I yield the floor. ligence from 2011 to 2015; Eliot A. Cohen, The PRESIDING OFFICER. The Sen- Counselor of the U.S. Department of State Migration from 2009 to 2011; Andrew J. Sha- piro, Assistant Secretary of State for Polit- ator from New Mexico. from 2007 to 2009; Ryan Crocker, U.S. Ambas- sador to Afghanistan from 2011 to 2012; ical-Military Affairs from 2009 to 2013; Wendy DECLARATION OF NATIONAL EMERGENCY R. Sherman, Under Secretary of State for Mr. UDALL. Madam President, Thomas Donilon, National Security Advisor to the President from 2010 to 2013; Jen Eas- Political Affairs from 2011 to 2015; Vikram thank you for the recognition. Singh, Deputy Special Representative for Af- The Constitution demands that ‘‘No terly, Special Assistant to the President and Senior Director for Counterterrorism from ghanistan and Pakistan from 2010 to 2011; Money shall be drawn from the Treas- 2013 to 2016; Nancy Ely-Raphel, Senior Ad- Dana Shell Smith, U.S. Ambassador to Qatar ury but in Consequence of Appropria- viser to the Secretary of State and Director from 2014 to 2017; Jeffrey H. Smith, General tions made by Law.’’ of the Office to Monitor and Combat Traf- Counsel of the Central Intelligence Agency Like any other matter, it is ficking in Persons from 2001 to 2003; Daniel from 1995 to 1996; Jake Sullivan, National Se- Congress’s power and responsibility to P. Erikson, Special Advisor for Western curity Advisor to the Vice President from

VerDate Sep 11 2014 05:50 Sep 25, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.037 S24SEPT1 dlhill on DSKBBY8HB2PROD with SENATE S5654 CONGRESSIONAL RECORD — SENATE September 24, 2019 2013 to 2014; Strobe Talbott, Deputy Sec- ern border, that almost 4,000 known or sus- 7. This proclamation will only exacerbate retary of State from 1994 to 2001; Linda pected terrorists were intercepted at the the humanitarian concerns that do exist at Thomas-Greenfield, Assistant Secretary for southern border in a single year, this asser- the southern border. There are real humani- the Bureau of African Affairs from 2013 to tion has since been widely and consistently tarian concerns at the border, but they 2017; Arturo A. Valenzuela, Assistant Sec- repudiated, including by this administra- largely result from the current administra- retary of State for Western Hemisphere Af- tion’s own Department of Homeland Secu- tion’s own deliberate policies towards mi- fairs from 2009 to 2011. rity. The overwhelming majority of individ- grants. For example, the administration has 2. On February 15, 2019, the President de- uals on terrorism watchlists who were inter- used a ‘‘metering’’ policy to turn away fami- clared a ‘‘national emergency’’ for the pur- cepted by U.S. Customs and Border Patrol lies fleeing extreme violence and persecution pose of diverting appropriated funds from were attempting to travel to the United in their home countries, forcing them to previously designated uses to build a wall States by air; of the individuals on the ter- wait indefinitely at the border to present along the southern border. We are aware of rorist watchlist who were encountered while their asylum cases, and has adopted a num- no emergency that remotely justifies such a entering the United States during fiscal year ber of other punitive steps to restrict those step. The President’s actions are at odds 2017, only 13 percent traveled by land. And seeking asylum at the southern border. with the overwhelming evidence in the pub- for those who have attempted to enter by These actions have forced asylum-seekers to lic record, including the administration’s land, only a small fraction do so at the live on the streets or in makeshift shelters own data and estimates. We have lived and southern border. Between October 2017 and and tent cities with abysmal living condi- worked through national emergencies, and March 2018, forty-one foreign immigrants on tions, and limited access to basic sanitation we support the President’s power to mobilize the terrorist watchlist were intercepted at has caused outbreaks of disease and death. the Executive Branch to respond quickly in the northern border. Only six such immi- This state of affairs is a consequence of genuine national emergencies. But under no grants were intercepted at the southern bor- choices this administration has made, and plausible assessment of the evidence is there der. erecting a wall will do nothing to ease the a national emergency today that entitles the 5. There is no emergency related to violent suffering of these people. President to tap into funds appropriated for crime at the southern border. Nor can the 8. Redirecting funds for the claimed ‘‘na- other purposes to build a wall at the south- administration justify its actions on the tional emergency’’ will undermine U.S. na- ern border. To our knowledge, the Presi- grounds that the incidence of violent crime tional security and foreign policy interests. dent’s assertion of a national emergency on the southern border constitutes a na- In the face of a nonexistent threat, re- here is unprecedented, in that he seeks to ad- tional emergency. Factual evidence consist- directing funds for the construction of a wall dress a situation: (1) that has been enduring, ently shows that unauthorized immigrants along the southern border will undermine rather than one that has arisen suddenly; (2) have no special proclivity to engage in national security by needlessly pulling re- that in fact has improved over time rather criminal or violent behavior. According to a sources from Department of Defense pro- than deteriorated; (3) by reprogramming bil- Cato Institute analysis of criminological grams that are responsible for keeping our lions of dollars in funds in the face of clear data, undocumented immigrants are 44 per- troops and our country safe and running ef- congressional intent to the contrary; and (4) cent less likely to be incarcerated nation- fectively. with assertions that are rebutted not just by wide than are native-born citizens. And in a. Repurposing funds from the defense con- the public record, but by his agencies’ own Texas, undocumented immigrants were struction budget will drain money from crit- official data, documents, and statements. found to have a first-time conviction rate 32 ical defense infrastructure projects, possibly 3. Illegal border crossings are near forty- percent below that of native-born Ameri- including improvement of military hospitals, year lows. At the outset, there is no evidence cans; the conviction rates of unauthorized construction of roads, and renovation of on- of a sudden or emergency increase in the immigrants for violent crimes such as homi- base housing. And the proclamation will number of people seeking to cross the south- cide and sex offenses were also below those of likely continue to divert those armed forces ern border. According to the administra- native-born Americans. Meanwhile, overall tion’s own data, the numbers of apprehen- already deployed at the southern border rates of violent crime in the United States sions and undetected illegal border crossings from their usual training activities or mis- have declined significantly over the past 25 at the southern border are near forty-year sions, affecting troop readiness. years, falling 49 percent from 1993 to 2017. b. In addition, the administration’s unilat- lows. Although there was a modest increase And violent crime rates in the country’s 30 eral, provocative actions are heightening in apprehensions in 2018, that figure is in largest cities have decreased on average by tensions with our neighbors to the south, at keeping with the number of apprehensions 2.7 percent in 2018 alone, further under- a moment when we need their help to ad- only two years earlier, and the overall trend mining any suggestion that recent crime dress a range of Western Hemisphere con- indicates a dramatic decline over the last fif- teen years in particular. The administration trends currently warrant the declaration of a cerns. These actions are placing friendly also estimates that ‘‘undetected unlawful en- national emergency. governments to the south under impossible 6. There is no human or drug trafficking tries’’ at the southern border ‘‘fell from ap- pressures and driving partners away. They emergency that can be addressed by a wall at proximately 851,000 to nearly 62,000’’ between have especially strained our diplomatic rela- the southern border. The administration has fiscal years 2006 to 2016, the most recent tionship with Mexico, a relationship that is claimed that the presence of human and drug years for which data are available. The vital to regional efforts ranging from critical trafficking at the border justifies its emer- United States currently hosts what is esti- intelligence and law enforcement partner- gency declaration. But there is no evidence mated to be the smallest number of undocu- ships to cooperative efforts to address the mented immigrants since 2004. And in fact, of any such sudden crisis at the southern growing tensions with Venezuela. Addition- in recent years, the majority of currently border that necessitates a reprogramming of ally, the proclamation could well lead to the undocumented immigrants entered the appropriations to build a border wall. degradation of the natural environment in a a. The overwhelming majority of opioids United States legally, but overstayed their manner that could only contribute to long- that enter the United States across a land visas, a problem that will not be addressed term socioeconomic and security challenges. border are carried through legal ports of by the declaration of an emergency along the c. Finally, by declaring a national emer- entry in personal or commercial vehicles, southern border. gency for domestic political reasons with no 4. There is no documented terrorist or na- not smuggled through unauthorized border compelling reason or justification from his tional security emergency at the southern crossings. A border wall would not stop these senior intelligence and law enforcement offi- border. There is no reason to believe that drugs from entering the United States. Nor cials, the President has further eroded his there is a terrorist or national security would a wall stop drugs from entering via credibility with foreign leaders, both friend emergency at the southern border that could other routes, including smuggling tunnels, and foe. Should a genuine foreign crisis justify the President’s proclamation. which circumvent such physical barriers as erupt, this lack of credibility will materially a. This administration’s own most recent fences and walls, and international mail weaken this administration’s ability to mar- Country Report on Terrorism, released only (which is how high-purity fentanyl, for ex- shal allies to support the United States, and five months ago, found that ‘‘there was no ample, is usually shipped from China di- will embolden adversaries to oppose us. credible evidence indicating that inter- rectly to the United States). 9. The situation at the border does not re- national terrorist groups have established b. Likewise, illegal crossings at the south- quire the use of the armed forces, and a wall bases in Mexico, worked with Mexican drug ern border are not the principal source of is unnecessary to support the use of the cartels, or sent operatives via Mexico into human trafficking victims. About two-thirds armed forces. We understand that the admin- the United States.’’ Since 1975, there has of human trafficking victims served by non- istration is also claiming that the situation been only one reported incident in which im- profit organizations that receive funding at the southern border ‘‘requires use of the migrants who had crossed the southern bor- from the relevant Department of Justice of- armed forces,’’ and that a wall is ‘‘necessary der illegally attempted to commit a terrorist fice are U.S. citizens, and even among non- to support such use’’ of the armed forces. act. That incident occurred more than citizens, most trafficking victims usually ar- These claims are implausible. twelve years ago, and involved three broth- rive in the country on valid visas. None of a. Historically, our country has deployed ers from Macedonia who had been brought these instances of trafficking could be ad- National Guard troops at the border solely into the United States as children more than dressed by a border wall. And the three to assist the Border Patrol when there was twenty years earlier. states with the highest per capita trafficking an extremely high number of apprehensions, b. Although the White House has claimed, reporting rates are not even located along together with a particularly low number of as an argument favoring a wall at the south- the southern border. Border Patrol agents. But currently, even

VerDate Sep 11 2014 04:38 Sep 25, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.040 S24SEPT1 dlhill on DSKBBY8HB2PROD with SENATE September 24, 2019 CONGRESSIONAL RECORD — SENATE S5655 with retention and recruitment challenges, Leon E. Panetta, Anne W. Patterson, uments are publicly available but have not the Border Patrol is at historically high Thomas R. Pickering, Amy Pope, Samantha been previously reported. staffing and funding levels, and apprehen- J. Power, Jeffrey Prescott, Nicholas Ras- The Pentagon insists that the projects are sions—measured in both absolute and per- mussen, Alan Charles Raul, Dan Restrepo, merely being delayed, not canceled, and Re- agent terms—are near historic lows. Susan E. Rice, Anne C. Richard, Eric P. publicans say they will try to ‘‘backfill’’ the b. Furthermore, the composition of south- Schwartz, Andrew J. Shapiro, Wendy R. money in question, but Democrats oppose ern border crossings has shifted such that Sherman, Vikram Singh, Dana Shell Smith, that strategy. In recent days, the fight over families and unaccompanied minors now ac- Jeffrey H. Smith, Jake Sullivan, Strobe the border wall money has caused angry divi- count for the majority of immigrants seek- Talbott, Linda Thomas-Greenfield, Arturo A. sions among lawmakers trying to write an- ing entry at the southern border; these indi- Valenzuela. nual spending bills to keep the government viduals do not present a threat that would running, raising the specter of another shut- need to be countered with military force. [From the Washington Post, Sept. 18, 2019] down this year. Last winter’s record-long 35– c. Just last month, when asked what the day partial government shutdown ended only military is doing at the border that couldn’t PENTAGON HAS WARNED OF DIRE OUTCOMES IF after Trump declared a national emergency be done by the Department of Homeland Se- MILITARY PROJECTS CANCELED FOR WALL because Congress wouldn’t give him all the curity if it had the funding for it, a top-level DON’T HAPPEN money he wanted for his wall. (During his defense official responded, ‘‘[n]one of the ca- (By Aaron Gregg and Erica Werner) campaign, Trump repeatedly vowed that pabilities that we are providing [at the The Pentagon warned of dire outcomes un- Mexico would pay for the construction.) southern border] are combat capabilities. It’s less Congress paid for urgently needed mili- Congressional Democrats have rallied not a war zone along the border.’’ Finally, it tary construction projects nationwide—the around the issue, decrying unsafe conditions is implausible that hundreds of miles of wall same projects that have now been canceled in their home districts and nationwide. across the southern border are somehow nec- to fund President Trump’s border wall. ‘‘We see across the country—communities, essary to support the use of armed forces. We The warnings are contained in Defense De- military bases and people in the military— are aware of no military- or security-related partment budget requests sent to lawmakers saying, ‘Taking away this money hurts us,’ ’’ rationale that could remotely justify such an in recent years. They include potentially Minority Leader Charles E. Schumer (N.Y.) endeavor. hazardous living conditions for troops and 10. There is no basis for circumventing the said on the Senate floor this week. ‘‘All the their families, as well as unsafe schools that Democrats are asking for is to protect the appropriations process with a declaration of would impede learning. In numerous cases, a national emergency at the southern bor- troops from having their resources robbed the Defense Department warned that lives for a border wall—resources that Congress der. We do not deny that our nation faces would be put at risk if buildings don’t meet real immigration and national security chal- said should go to the military.’’ the military’s standards for fire safety or Sen. Tim Kaine (D–Va.) said ‘‘it shocks me lenges. But as the foregoing demonstrates, management of explosives. these challenges demand a thoughtful, evi- that, as commander in chief, [Trump] now Even before $3.6 billion in construction insists that it’s got to be our troops, our dence-based strategy, not a manufactured funding was pulled to support a wall along crisis that rests on falsehoods and military families and our nation’s security the U.S.-Mexico border, military buildings that have to be sacrificed for his foolish- fearmongering. In a briefing before the Sen- across the country often had been neglected ate Intelligence Committee on January 29, ness,’’ noting that $77 million had been in favor of other priorities. The defense ‘‘raided’’ from projects in his state. 2019, less than one month before the Presi- spending limits that took effect after a 2013 dential Proclamation, the Directors of the budget deal designed to end a government OMINOUS WARNINGS CIA, DNI, FBI, and NSA testified about nu- shutdown starved the military’s construc- This month, the Pentagon announced that merous serious current threats to U.S. na- tion budget for years, officials and analysts 127 military construction projects stood to tional security, but none of the officials say, meaning many construction projects are lose funding to pay for Trump’s wall. Al- identified a security crisis at the U.S.-Mex- long overdue. though Pentagon officials have expressed ico border. In a briefing before the House The details in the budget documents—an- confidence that the projects ultimately will Armed Services Committee the next day, nual requests the Pentagon sends to Capitol go forward, there is no guarantee that they Pentagon officials acknowledged that the Hill that are mostly public—underscore the will. 2018 National Defense Strategy does not risky trade-offs Trump made in declaring a In many cases, the Pentagon has been omi- identify the southern border as a security national emergency that allowed him to di- nous in describing the potential outcomes threat. Leading legislators with access to vert funding for the wall. should the projects not happen. classified information and the President’s A Pentagon spokesman did not imme- The Air Force has been seeking a new own statements have strongly suggested, if diately respond to a message seeking com- training facility for drone pilots at not confirmed, that there is no evidence sup- ment. Holloman Air Force Base in New Mexico be- porting the administration’s claims of an In requests to Congress over the past three cause the current training facility had sink- emergency. And it is reported that the Presi- years, military officials describe dilapidated holes and a bat infestation. dent made the decision to circumvent the ap- World War II-era warehouses with ‘‘leaking It also prevents pilot trainees from oper- propriations process and reprogram money asbestos panel roof systems,’’ a drone pilot ating in a classified environment, the Air without the Acting Secretary of Defense training facility with sinkholes and a bat in- Force wrote in its publicly accessible budget having even started to consider where the festation, explosives being stored in build- request. This means trainees could not use a funds might come from, suggesting an ab- ings that didn’t meet safety standards and a safety system designed to alert drone pilots sence of consultation and internal delibera- mold-infested middle school. In numerous in- to the location of ground-based personnel, as tions that in our experience are necessary stances, Defense Department officials wrote well as a separate system designed to pre- and expected before taking a decision of this that the infrastructure problems were hurt- vent aircraft from crashing into one another. magnitude. The Air Force has been seeking a new con- 11. For all of the foregoing reasons, in our ing the military’s readiness and impeding trol center at Hill Air Force Base in Utah, professional opinion, there is no factual basis the department’s national security mission. for the declaration of a national emergency Democrats and some Republicans strongly designed to replace a pair of ‘‘dilapidated for the purpose of circumventing the appro- oppose the emergency declaration. The Sen- WWII-era warehouses’’ used for air traffic priations process and reprogramming bil- ate is expected to vote for a second time in control and mission control operations even lions of dollars in funding to construct a wall the coming weeks to overturn it, but Con- though they have been labeled ‘‘structurally at the southern border, as directed by the gress does not appear to have enough votes deficient’’ and don’t meet regulations. The Presidential Proclamation of February 15, to overcome Trump’s veto of such a dis- Air Force noted in its budget request that 2019. approval resolution. air traffic control equipment is at risk of Respectfully submitted, A list of the military construction projects being destroyed by ‘‘roof leaks from failing Madeleine K. Albright, Jeremy B. Bash, being defunded to pay for the wall was re- asbestos panel roof systems.’’ John B. Bellinger III, Daniel Benjamin, leased in early September. But it did not If the $28 million project is not finished, Antony Blinken, John O. Brennan, R. Nich- contain details of the Pentagon’s expla- the Air Force warned in 2017, service mem- olas Burns, William J. Burns, Johnnie Car- nations to Congress about why the projects bers will continue to operate in ‘‘aging dilap- son, James Clapper, David S. Cohen, Eliot A. were needed—and what would happen if they idated buildings that were never intended for Cohen, Ryan Crocker, Thomas Donilon, Jen were not completed. The Washington Post’s the purpose they are now serving.’’ Easterly, Nancy Ely-Raphel, Daniel P. review of the budget documents is the first The Air National Guard has been seeking Erikson, John D. Feeley, Daniel F. Feldman, attempt to detail those Pentagon warnings. to replace the aircraft parking ramp at a Jonathan Finer. The Post uncovered budget documents per- New Orleans facility, which abuts a public Jendayi Frazer, Suzy George, Phil Gordon, taining to 29 of the 43 military construction roadway. This means munitions-loaded air- Chuck Hagel, Avril D. Haines, Luke Hartig, projects in the mainland United States—not craft—which are kept on alert so they can be Heather A. Higginbottom, Roberta Jacobson, including those in territories such as Puerto scrambled quickly in the event of a terrorist Gil Kerlikowske, John F. Kerry, Prem Rico and Guam—that are being canceled to attack—expose the public to the ‘‘unaccept- Kumar, John E. McLaughlin, Lisa O. pay for the wall. The review excluded two able risk’’ of being affected by an explosive Monaco, Janet Napolitano, James D. Nealon, projects that had been canceled before the accident, the Air Force wrote in 2018. An Air James C. O’Brien, Matthew G. Olsen. emergency authorization. Many of these doc- Force analysis calculated that members of

VerDate Sep 11 2014 04:38 Sep 25, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.042 S24SEPT1 dlhill on DSKBBY8HB2PROD with SENATE S5656 CONGRESSIONAL RECORD — SENATE September 24, 2019 the public are inside the jets’ ‘‘explosive arc’’ displaces a specialized area designed for un- While this behavior from our Presi- for about 3,800 hours per year as they pass by loading hazardous cargo and a separate dis- dent is predictable, it is no less wrong, the base. posal range where Air Force officials could underhanded, and unacceptable, and I In addition, the shelters that hold the air- be trained to defuse bombs. The Air Force re- know I am not the only one who thinks craft when they aren’t parked on the runway quested $37 million for a new hazardous- are on concrete slabs that are sinking, caus- cargo pad and explosive-ordnance center, but that way. ing pipes and electrical connections to pull that project has been included on the list of Since the President’s rash move to loose. The shelters also did not have fire pro- those being canceled to pay for the barrier reprogram billions of dollars from our tections, the Defense Department wrote in along the border. The Air Force One hangar military construction budget toward 2018. project was left untouched. his border wall, I have heard repeatedly The Defense Department also warned that As a result, a temporary facility will be from constituents who are upset by overly decentralized weapons maintenance provided. But not replacing the hazardous- cargo pad would cause ‘‘enduring systemic this President’s brazen acts of reckless- buildings in Anniston, Ala., would continue ness and are wondering how the Presi- to increase the risk of accidents because of weaknesses’’ at the base, while the lack of an the ‘‘unnecessary movement of artillery explosive-ordinance range would ‘‘adversely dent of the United States can just step pieces.’’ impact’’ training, which would have to hap- over Congress to do whatever he wants The Air Force has been seeking $41 million pen somewhere off the base at greater cost, with our Federal budget, especially to repair a central heat power plant boiler at the military said. when it is on the backs of our troops Eielson Air Force Base in Alaska. The Air Mr. UDALL. Madam President, with and their families. Force warned in its budget justification to that, I yield to Senator MURRAY. I refuse to stand by and do nothing Congress that the boiler, installed in 1951, is The PRESIDING OFFICER. The Sen- while this President hurts my State expected to fail within the next several years ator from Washington. and so many others. Why? Because he at a base where winter temperatures can Mrs. MURRAY. Madam President, I cares more about his vanity project plunge as low as 65 degrees below zero. That join my Democratic colleagues on the than our troops, the military commu- outcome ‘‘would be devastating to facilities floor to once again speak out against nity, or the American people. and the missions housed in those facilities,’’ this President and his administration’s That is why, in the coming days, I the Air Force said. The base could be forced outrageous abuses of Executive power. to evacuate, and the facilities would then While, unfortunately, there is a myr- plan to introduce new legislation that freeze and require ‘‘many millions of dol- will not only recoup the military con- lars’’ to make them usable again. iad of Presidential abuses to which I could be referring, today, this evening, struction funds that were shamefully The system in question is one of two 1950s- raided for Trump’s border wall but put era boilers that require urgent replacement I am here to discuss two of his most re- at Eielson. The failure of the other one is de- cent and most egregious actions that in place new safeguards to make sure scribed as ‘‘imminent’’ and also could force have not only run afoul of Congress’s no President today or in the future can an evacuation, followed by a deep freeze that authority and our constitutional sys- so effortlessly bypass the will of Con- would cost millions of dollars to recover tem of checks and balances but also gress to loot the Federal budget. from, according to the Air Force’s descrip- compromise our national security. We need to put a check on this Presi- tion from 2017. It began with the President making a dent, plain and simple. Right now, we ‘SUBSTANDARD,’ ‘UNSAFE’ phony national emergency declaration can do so by standing up for Congress A different issue looms at Camp Lejeune, to bypass Congress and steal money to and our constitutional authority to set N.C., where medical and dental care is pro- build his border wall under the aus- the Federal budget and pay our Na- vided in ‘‘substandard, inefficient, decentral- pices of a ‘‘crisis’’—one of the Presi- tion’s bills. ized and uncontrolled facilities,’’ according So I urge my colleagues to join to the military, which has sought congres- dent’s own making—in pursuit of ad- vancing the most anti-immigrant agen- Democrats in voting to rescind Presi- sional approval to build a new ambulatory dent Trump’s bogus national emer- care center on the base. Not doing so ‘‘will da this country has seen in genera- result in compromised readiness, uncoordi- tions, all manufactured to secure Fed- gency declaration, taking that first nated care delivery, and inappropriate use of eral funds to build his often-touted step to roll back the President’s plun- medical resources,’’ the Pentagon said. vanity wall on our southern border. der and hold him accountable because At Marine Corps Air Station Beaufort in This is a wall the American people as a coequal branch of our Federal Gov- South Carolina, the military sought funding were not supposed to pay for and that ernment, it is not just our job, it is our to build a satellite fire station, without we, time and again, have indicated we sworn duty and one this body and our which ‘‘personnel . . . will continue to work do not want. Republican colleagues cannot ignore. from a significantly undersized and unsafe I yield the floor. facility.’’ Now, one would think this extreme In another example, the military is seek- overreach of Executive authority alone The PRESIDING OFFICER. The Sen- ing to repair a middle school at Fort Camp- would get our colleagues on the other ator from Vermont. bell in Kentucky, a project that has been side of the aisle riled up enough to de- Mr. LEAHY. Madam President, I championed by Senate Majority Leader fend the Constitution’s system of agree with my distinguished colleagues Mitch McConnell (R–Ky.) and that he has checks and balances, but in declaring from Washington State and New Mex- vowed to protect even after its appearance his national emergency, President ico for what they have said. on the list of installations at risk of being Trump took his overreach one step fur- Sometimes casting a vote on the Sen- canceled to pay for Trump’s wall. ther, ransacking critical Federal ate floor is just a matter of course. It The Pentagon described conditions at the is something we do routinely, often middle school as ‘‘substandard’’ and told funds—taxpayer dollars—that were ap- lawmakers in requesting $62.6 million to re- propriated by Congress to fund impor- without considering the impact of that pair it that ‘‘the continued use of deficient, tant military construction projects and vote on the Senate as an institution, inadequate, and undersized facilities that do national security priorities across the let alone our constitutional Republic not accommodate the current student popu- country. To do what with? To put as we know it, but this week’s vote on lation will continue to impair the overall money toward building his border wall. President Trump’s national emergency education program for students.’’ To be clear, instead of Federal funds declaration is different. It is a pivotal At Joint Base Andrews in Maryland, mean- going toward military infrastructure moment in this body’s history. It is a while, construction of a much-needed new stress test of the very notion of separa- child-care center has been put on hold in priorities such as a new pier and main- favor of Trump’s wall. The Pentagon notes tenance facility at Naval Base Kitsap tion of powers. The Constitution that the facility ‘‘has suffered from sewage in my home State of Washington that speaks of Congress as being a coequal backups, heating, ventilation and air condi- would help guide and protect our branch of government. Well, this is tioning failures and mold and pest manage- Navy’s vital nuclear submarines, those going to be viewed as a moment when ment issues.’’ The upgraded facility is sup- funds are now going to pay for Trump’s Congress either asserted itself as a co- posed to accommodate 165 children and staff border wall. equal branch of government or surren- members. As of February 2018, 115 children Instead of our military using Federal dered as a subordinate to the will of a were on a waiting list to get in. funds already authorized by Congress Joint Base Andrews is also home to the President who now claims his powers hangar that holds Air Force One. That hang- to increase access to childcare for our are absolute. ar is being relocated at a cost of $154 million servicemembers and their families, This is a President who has said out to accommodate a larger Boeing model now those funds are now going into paying loud that the Constitution gives him being used for Trump. But the new hangar for Trump’s wall. the right to do ‘‘whatever I want as

VerDate Sep 11 2014 04:38 Sep 25, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.044 S24SEPT1 dlhill on DSKBBY8HB2PROD with SENATE September 24, 2019 CONGRESSIONAL RECORD — SENATE S5657 President.’’ It makes one wonder if the mocracy, Presidents must respect—and sources to fund his campaign promise— President has ever actually read the normally do—the appropriations deci- which, by the way, the President vowed Constitution of the United States. This sions of Congress but, for the first Mexico would pay for. President is attempting to ignore the time, not this President. It is important to note that Congress explicit will of Congress by simply de- I was here when Congress enacted the works on a bipartisan basis to provide claring a national emergency to fund National Emergencies Act of 1976. funding to secure the southern border. his ‘‘big, beautiful’’ wall. That is after, When we passed it then, we assumed According to the Constitution, it is time and time and time again, he gave that any President would have enough Congress and not the President who us his word that Mexico would pay for respect for the office to invoke the ex- holds the power of the purse. Just 6 the wall. traordinary powers granted under it ju- months ago, in a strong bipartisan For 3 years, he failed to convince diciously and only in times when there vote, a majority of this body—59 Sen- Congress that the wall was a good idea. was, in fact, an emergency to be ad- ators—successfully passed the resolu- Even when his own party controlled dressed. tion disapproving of the President’s both the House of Representatives and But not this President. Where the emergency declaration. Unfortunately, the U.S. Senate, his tweets and tan- world sees women and children seeking President Trump chose to veto that trums could not convince enough Mem- refuge at our southern border, he sees legislation, which is why we have bers that his cynical campaign promise criminals and terrorists invading our brought it to the floor again for a vote. was worthy of tens of billions of dollars country. Where the world sees declin- It is imperative that this legislative of taxpayers’ money. He could not con- ing border crossings—crossings have body—this Senate—defend its author- vince anybody, Republican or Demo- dropped steeply since June—he sees an ity as derived from the Constitution crat, that he was telling the truth escalating border crisis that only his and protect funding that is vital to our when he said Mexico would pay for it. wall can fix. Facts may not matter to troops and to our national security. So when Congress did not comply, he a President willing to invent a hurri- I think it is difficult to overstate the directed his yes-people to tell them he cane path with a sharpie marker, but critical role military construction could fund his pet project, nonetheless, they should matter to us. We must not projects play in maintaining military by declaring a national emergency out allow this President to invoke such readiness and supporting our national of thin air and stealing the money from sweeping powers—powers we granted to defense. Yet this administration is our troops and their families. him for real emergencies—simply to treating funding set aside for our na- He even admitted his national emer- address some emergency he has con- tional security like a slush fund. gency declaration was a matter of po- cocted in his head. Take military construction, for in- litical expediency rather than justified So this week I hope all Senators, no stance. At the Portsmouth Naval ship- by facts. I remember him standing in matter what their political background yard in New Hampshire and Maine—it the Rose Garden. He said he did not is, will think carefully about their vote is on the border between New Hamp- ‘‘need’’ to invoke a national emer- on the President’s national emergency shire and Maine—any disruptions for gency; he could ‘‘build the wall over a declaration. I hope each of us thinks funding in construction projects can longer period of time,’’ but he just long and hard about what it would result in costly delays to our military’s wanted to do it ‘‘faster.’’ Once again, mean for our role as a coequal branch, carefully crafted plans to upgrade the whims and tweets of the President for the separation of powers, for the aging infrastructure. Delays in projects were used to trample our Constitution. Constitution, which has protected our that support the shipyard’s mission President Trump’s declaration of a country all these years, and what threaten to exacerbate the Navy’s al- national emergency to build his wall would it mean if we fail to reject this ready high demand for submarine should offend all 100 Senators—Repub- naked power grab by President Trump. maintenance and the projected sub- licans and Democrats alike—in this In March, 12 of my Republican marine shortfall in the coming years. body. First and foremost, he is using it friends joined Democrats in rejecting In addition, New Hampshire’s Na- to steal $3.6 billion from critical mili- the President’s emergency declaration, tional Guard readiness centers are in tary construction projects that would forcing him to override our vote with a desperate need of modernization, and benefit our men and women in uniform veto. I hope every one of us tonight they can’t afford further delays to and their families. This impacts 127 will go home and read the Constitution readiness center improvements. All military construction projects, includ- and realize what we must do. I hope those projects are funded through the ing a child development center, an ele- more Republicans will join Democrats military construction program. mentary school, a fire and rescue sta- this time in voting aye on the joint While New Hampshire’s and Maine’s tion—all falling victim to his fixation resolution of disapproval. We must shipyard and National Guard were on the wall. He is telling the families send this President a veto-proof mes- spared from President Trump’s latest of our military who are living in sub- sage that Congress will rise above money grab, the same can’t be said for standard housing—some of it with party to protect what is most precious 127 other important military construc- mold and other damaging health condi- in our American democracy; the Sen- tion projects across this country. tions—that, no, you are not going to ate will stand for the Constitution The 552 middle school children at get that money you need to fix that up. above all else; that the Senate will be Fort Campbell in the majority leader’s I am going to put it toward my wall. the conscience of the Nation, as we home State of Kentucky will have to We already ask our military families should be. wait for a new school as President to sacrifice so much to keep our coun- I yield the floor. Trump diverts construction funding to try safe. Now they have to sacrifice, The PRESIDING OFFICER. The Sen- the border. yet again, and to what end? To keep ator from New Hampshire. Critical projects in Virginia that this President’s ego safe. Mrs. SHAHEEN. Madam President, I would improve a cyber operations facil- Furthermore, I would note that his am pleased to join my colleagues and ity and replace hazardous materials in national emergency declaration is a very much appreciate Senator UDALL’s warehouses are another casualty of transparent end-run around Congress’s leadership on the joint resolution we President Trump’s political games. constitutional power of the purse. Arti- are speaking to today. This is the reso- The Child Development Center in cle I, section 9 of the Constitution, lution that would end the President’s Maryland, the missile field in Alaska, which I doubt the President has ever unconstitutional emergency declara- the weapon maintenance shop in Ala- bothered to read, states that Con- tion, which is diverting money from bama—the list of projects that are af- gress—and Congress alone—decides critical military construction projects fected by the President’s unconstitu- how to spend Americans’ hard-earned to fund a costly and ineffective border tional mandate just goes on and on. It tax dollars. That has been the case wall. includes hundreds of millions of dollars from the time of the founding of this Congress has made it abundantly for critical infrastructure to support country until today. It is one of the clear that we did not provide funding the Defense Department’s European most critical checks and balances in for the President’s border wall and that Deterrence Initiative. What message our constitutional system. In our de- we don’t approve of raiding military re- does that send to our European allies

VerDate Sep 11 2014 04:38 Sep 25, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.039 S24SEPT1 dlhill on DSKBBY8HB2PROD with SENATE S5658 CONGRESSIONAL RECORD — SENATE September 24, 2019 on our efforts to deter Russian aggres- body can continue to allow the Presi- The President is now taking $3.6 bil- sion? dent to subvert our constitutional au- lion from 127 military construction The impact of the President’s actions thority to appropriate, or we can take projects that we have approved and and Congress’s own complacency is back our power of the purse and exer- funded. We all know the rigor with painfully real to the men and women cise it as the Founders intended. The which these projects have been vetted, who serve our Nation. These are the issue before us is not partisan; it is scrutinized, and approved. According to same men and women who are being constitutional. If we don’t put the Con- the Pentagon, these projects are nec- deprived of the resources they need to stitution above party, above politics, essary for national security and mili- complete their mission. we might as well pack up our bags and tary readiness, necessary to ensure the Perhaps not surprising, there are now go home. The voters did not send us safety of our men and women in uni- reports indicating that the Trump ad- here to shirk our responsibilities. His- form and their children. In other ministration is again planning to take tory will not be kind to us if we allow words, they are not projects simply de- military construction funds appro- the Executive to run roughshod over signed to fulfill a campaign slogan. priated by Congress to build the border our constitutional authority. Two projects in New Mexico are on wall. According to the Washington For the second time, we have intro- the chopping block, and both are crit- Post, you can see this pretty clearly. duced a bipartisan resolution to termi- ical. One is an $85 million drone pilot The administration plans to pitch its nate the President’s national emer- training center at Holloman Air Force appropriations request to Congress as gency declaration along our southern Base to replace a facility that is falling replenishment money to the Depart- border. I thank Senators COLLINS and apart, and the other is a $40 million se- ment of Defense for the money they SHAHEEN for once again joining this cure information technology facility at took this year to fund the border wall. resolution and affirming their commit- White Sands Missile Range. Both of A Trump administration official said: ment to the Constitution. those are gone. The plan is to sell it as replenishment Our first vote on this resolution in In Utah, the Air Force has sought a money. . . . Then once they got it from Con- March passed 59 to 41. We had strong new control center at Hill Air Force gress, they would take it again. bipartisan support because the Presi- Base to replace ‘‘structurally deficient, This isn’t just a one-time deal. We dent’s emergency declaration is clearly dilapidated World War II-era ware- are talking about the administration an end run around Congress. We have houses’’ for mission control. setting us up to do this again and again the power to bring this resolution back In Louisiana, the Air National Guard and again. This type of deception from every 6 months. I hope we can add to sought to replace an aircraft parking the administration makes funding the our majority this time because what ramp in a New Orleans facility that ex- government extremely difficult for were once fears about a so-called emer- poses the public to ‘‘unacceptable Congress because we can’t trust—we gency in March have become a stark risks’’ of being impacted by an explo- don’t know if the President is negoti- reality in September. sive accident. While I firmly oppose the President’s ating in good faith. In Indiana, Army servicemembers The Members of the legislative approach on immigration, this vote is have worked in violation of safety not about whether you oppose or sup- branch are endowed by the Constitu- standards for handling explosives and port that approach. In March, a Repub- tion with the power to fund the govern- need additional space from munitions. lican Senator wrote in conviction ment. We must be sure that the re- In Kentucky, the military seeks to about the President’s emergency dec- sources we provide in spending legisla- repair substandard, deficient, inad- laration: tion are being used as they were in- equate, and undersized facilities at a tended by the Congress. This constitu- It is my responsibility to be a steward of majority school at Fort Campbell that the article I branch, to preserve the separa- tional duty is particularly salient when tion of powers and to curb the kind of execu- impairs the overall education program the President has shown such a fla- tive overreach that Congress has allowed to for the children of servicemembers. grant disregard for congressional in- fester for the better part of the past century. Back in March, we worried that this tent and the constitutional separation I stood by that principle during the Obama would happen, but now it is a reality. of powers. The authority of the Con- administration, and I stand by it now. Our men and women in uniform and gress is very clear: The power of the We all have another opportunity to their children are paying for the wall. purse is held by the legislative branch. stand with the Constitution and to ob- And if we do not stand up and stop it Those powers were enumerated for the ject to a President actively diverting today, it will happen again and again. very reason that we are here today—to billions in defense funding for a polit- This is unacceptable, and I believe it is shield against an overreaching Execu- ical purpose. Congress, not the Presi- unlawful and unconstitutional. We here tive. dent, was given the power of the purse in the Senate have decided to fund This isn’t about Democrat versus Re- to make sure taxpayer money was these projects and others in 23 States publican; this is about whether Con- spent on projects with broad public instead of a border wall, and with good gress votes to uphold its powers and re- support. reason. sponsibilities—powers and responsibil- We have different views in Congress, Some in Congress are calling for us ities that are enshrined in the Con- but as a whole, we have responded to to backfill 127 projects and reappro- stitution. We must take action now in the American people, and we have not priate the funds for them. Backfilling defense of both our Constitution and appropriated all the funds the Presi- does not solve the problem. It does not our national security. dent has sought for his wall. But in- repair the constitutional violation. It I would urge my colleagues on both stead of allowing Congress to decide on only gives license to the President to sides of the aisle to protect our con- spending, which is what the Constitu- continue raiding funds we have already stitutional authority as Members of tion envisions, the President caused appropriated for military construction Congress, to defend our national secu- the longest shutdown in American his- projects. Unless we stop the emer- rity, and to support the resolution to tory to get his wall. That 35-day shut- gency, the backfilled money will be terminate President Trump’s emer- down caused a lot of pain and anxiety subject to being raided again. If your gency declaration. for many Federal workers and contrac- house is robbed, it is foolish to buy new I yield the floor. tors and their families in New Mexico valuables without putting a new lock The PRESIDING OFFICER. The Sen- and across the Nation. When the shut- on the door. ator from New Mexico. down didn’t work, the President issued Canceling these 127 projects is not Mr. UDALL. Madam President, I very his emergency declaration. just a one-off; we all know the Presi- much appreciate being joined on the If we allow this President to issue an dent fully intends to keep it. It has al- floor by my colleagues at this critical emergency declaration to get funding ready been reported that if the Presi- time in history. Senator SHAHEEN just for his wall, we will be setting a dan- dent doesn’t get the $5 billion he has spoke. We also had Senator MURRAY gerous precedent—a precedent that requested for his wall in 2020, the ad- and Senator LEAHY down here. could be used by future Presidents on ministration plans to take another $3.6 This issue will come to a head tomor- issues my Republican colleagues surely billion from the Pentagon’s construc- row. We are really at a crossroads. This wouldn’t like. tion budget.

VerDate Sep 11 2014 04:38 Sep 25, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.041 S24SEPT1 dlhill on DSKBBY8HB2PROD with SENATE September 24, 2019 CONGRESSIONAL RECORD — SENATE S5659 I will come back in a minute. retired and Active-Duty soldiers who Act requires that Congress receives I yield to the majority leader. had received training from the United prior notification of certain proposed The PRESIDING OFFICER. The ma- States, was emblematic of the wide- arms sales as defined by that statute. jority leader. spread use of harassment, threats, and Upon such notification, the Congress f murder to silence those who coura- has 30 calendar days during which the geously call for changes in policies and sale may be reviewed. The provision EXECUTIVE SESSION practices to protect the environment. stipulates that, in the Senate, the noti- According to a report released today fication of proposed sales shall be sent by Global Witness, the Philippines has to the chairman of the Senate Foreign EXECUTIVE CALENDAR the highest number of killings in Asia Relations Committee. Mr. MCCONNELL. Madam President, of people who oppose illegal logging, In keeping with the committee’s in- I move to proceed to executive session destructive mining, and corrupt agri- tention to see that relevant informa- to consider Calendar No. 415. business, with at least 30 cases docu- tion is available to the full Senate, I The PRESIDING OFFICER. The mented in 2018. The total number is ask unanimous consent to have printed question is on agreeing to the motion. likely higher, as some investigations in the RECORD the notifications which The motion was agreed to. are ongoing. Many of the victims sim- have been received. If the cover letter The PRESIDING OFFICER. The ply wanted a say in how their land and references a classified annex, then such clerk will report the nomination. the country’s natural resources are annex is available to all Senators in The legislative clerk read the nomi- used. The perpetrators are almost the office of the Foreign Relations nation of Gen. John E. Hyten for ap- never arrested or prosecuted. Committee, room SD–423. pointment as Vice Chairman of the On July 25, 2016, the Philippines’ There being no objection, the mate- Joint Chiefs of Staff and for appoint- newly elected President Rodrigo rial was ordered to be printed in the ment in the United States Air Force to Duterte delivered his first state of the RECORD, as follows: the grade indicated while assigned to a nation address. He promised to safe- DEFENSE SECURITY position of importance and responsi- guard the country’s rural and indige- COOPERATION AGENCY, bility in accordance with title 10, nous communities, tackle corruption, Arlington, VA. U.S.C., sections 154 and 601: to be Gen- and protect the environment. The re- Hon. JAMES E. RISCH, eral. sults since then paint a very different Chairman, Committee on Foreign Relations, and distressing picture. If President U.S. Senate, Washington, DC. CLOTURE MOTION DEAR MR. CHAIRMAN: Pursuant to the re- Mr. MCCONNELL. Madam President, Duterte meant what he said, he has porting requirements of Section 36(b)(1) of I send a cloture motion to the desk. failed miserably. According to Global the Arms Export Control Act, as amended, The PRESIDING OFFICER. The clo- Witness, in the 3 years before Duterte we are forwarding herewith Transmittal No. ture motion having been presented took office at least 65 land and environ- 19–62 concerning the Army’s proposed Let- under rule XXII, the Chair directs the mental defenders were murdered. That ter(s) of Offer and Acceptance to the Govern- was appalling enough. But in the 3 ment of Thailand for defense articles and clerk to read the motion. services estimated to cost $400 million. After The legislative clerk read as follows: years since he came to power, that number rose to 113. At least 31 of those this letter is delivered to your office, we plan CLOTURE MOTION to issue a news release to notify the public of murders were reportedly committed by this proposed sale. We, the undersigned Senators, in accord- the Philippine Armed Forces, whose ance with the provisions of rule XXII of the Sincerely, Standing Rules of the Senate, do hereby soldiers and officers act with near total CHARLES W. HOOPER, move to bring to a close debate on the nomi- impunity. Lieutenant General, USA, Director. nation of Gen. John E. Hyten for appoint- The Philippines is a major recipient Enclosures. ment as Vice Chairman of the Joint Chiefs of of U.S. military aid, and we are per- TRANSMITTAL NO. 19–62 Staff and for appointment in the United ceived by the families of the victims to Notice of Proposed Issuance of Letter of States Air Force to the grade indicated while be enablers of these crimes. In addition Offer Pursuant to Section 36(b)(1) of the assigned to a position of importance and re- to increasing support for local environ- Arms Export Control Act, as amended sponsibility in accordance with title 10, mental defenders, the Secretary of (i) Prospective Purchaser: Government of U.S.C., sections 154 and 601: to be General. Thailand. Mitch McConnell, Roger F. Wicker, John State and Administrator of the U.S. Agency for International Development (ii) Total Estimated Value: Cornyn, Richard C. Shelby, John Bar- Major Defense Equipment*: $300 million. rasso, Johnny Isakson, Richard Burr, should urge the Duterte government to Other: $100 million. Thom Tillis, Mike Rounds, Mike Crapo, ensure that the right to free, prior, and Total: $400 million. James E. Risch, Roy Blunt, John Booz- informed consent of those impacted by (iii) Description and Quantity or Quan- man, John Thune, David Perdue, John policies and practices that threaten tities of Articles or Services under Consider- Hoeven, Steve Daines. their land and natural resources is re- ation for Purchase: f spected. This is necessary not only to Major Defense Equipment (MDE): Eight (8) prevent the destruction of forests and AH–6i Helicopters, Light Attack-Reconnais- LEGISLATIVE SESSION sance. farms, the pollution of watersheds, and Fifty (50) AGM–114R Hellfire. the extinction of species, but to avoid Two-hundred (200) Advance Precision Kill MORNING BUSINESS confrontations and violence that result Weapon System (APKWS) Rockets. when extractive industries, supported Non-MDE: Also included are ten (10) M134 Mr. MCCONNELL. Madam President, by the Armed Forces and police, run Mini Guns, ten (10) M260 Rocket Launchers, I ask unanimous consent that the Sen- roughshod over local communities. ten (10) M299 Longbow Hellfire Launcher, ten ate proceed to legislative session and The Secretaries of State and Defense (10) AN/APN–209 Radar Altimeter, eight (8) be in a period of morning business, should also ensure that those in the AN/APR–39(V)(4), four (4) GAU–19/B .50 Cal with Senators permitted to speak Machine Gun, five-hundred (500) Hydra 70 Philippine Armed Forces who receive Rockets, twenty (20) AN/AVS–6 Night Vision therein for up to 10 minutes each. our aid respect the rights of civilians The PRESIDING OFFICER. Without Goggles, eight (8) WESCAM MX–10Di Cam- and are accountable to the rule of law. eras, ten (10) AN/APX–123 IFF, ten (10) AN/ objection, it is so ordered. When abuses occur they should be thor- ARC 201E–VHF–FM, ten (10) AN/ARC–231 w/ f oughly investigated and the individuals MX–4027, ten (10) LN–251 Inertial Navigation responsible brought to justice. The System/Global Positioning System (EGI), THE PHILIPPINES Leahy Laws require that, and it is the Aircrew Trainer (ACT), Pilot Desktop Train- Mr. LEAHY. Madam President, responsibility of U.S. officials to en- er (PDT), Virtual Maintenance Trainer (VMT), contractor provided pilot and main- killings of environmental defenders are sure that they are enforced. shockingly common in Latin America, tainer training, peculiar ground support f equipment, spares, publications, integrated Africa, and Asia. The assassination of ARMS SALES NOTIFICATION product support, technical assistance, qual- Berta Caceres in Honduras 3 years ago, ity assurance team, transportation, and orchestrated by top officials of a hy- Mr. RISCH. Madam President, sec- other related elements of logistics and pro- droelectric company and carried out by tion 36(b) of the Arms Export Control gram support.

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