E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, WEDNESDAY, FEBRUARY 12, 2020 No. 29 Senate The Senate met at 9:30 a.m. and was I am dedicated to keeping weapons Army leadership to select Fort Knox called to order by the President pro from dangerous people. That is why I for this new corps headquarters, and, tempore (Mr. GRASSLEY). have introduced the EAGLES Act over obviously, we think they made a great f the past 2 years. This bipartisan, bi- choice. cameral bill reauthorizes and expands Now Fifth Corps will join the eight PRAYER the leading center in threat assessment commands already stationed there, in- The Chaplain, Dr. Barry C. Black, of- and prevention. This bill is a tribute to cluding the Army’s Human Resources, fered the following prayer: the victims and the families. Recruiting, and Cadet Commands. I Let us pray. Also, the Justice Department still have worked for years to help ensure O God, who sustains our universe by hasn’t provided to Congress its report that Fort Knox receives the national Your boundless power, preserve our on the shooting. I hope the Department attention that it deserves. Senators with Your goodness, and rule of Justice will get off the stick. It owes It is really great to see the Army them with Your justice. Lord, we cast it to the families to get this report agrees that its high-quality facilities ourselves entirely upon Your faithful- done. are perfect for this new headquarters. ness, for You are the source of every I yield the floor. The extraordinary work of the Knox blessing. I suggest the absence of a quorum. Regional Development Alliance has Stabilize our lawmakers in the midst The PRESIDING OFFICER. The made it a wonderful place both to live of the contradictions of reality. Grant clerk will call the roll. and to work—both for servicemembers that they will be able to make sense The legislative clerk proceeded to and for their families. out of life’s complexities. Lord, help call the roll. Last year I was proud to host Defense our legislators know the constancy of Mr. MCCONNELL. Madam President, Secretary Mark Esper in Kentucky to Your presence and the certainty of I ask unanimous consent that the order meet with members of the Fort Knox Your judgment as You guide them with for the quorum call be rescinded. community. I am certainly grateful to The PRESIDING OFFICER. Without Your higher wisdom. him, Secretary McCarthy, and General We pray in Your generous Name. objection, it is so ordered. McConville for recognizing our poten- Amen. f tial. f RECOGNITION OF THE MAJORITY f PLEDGE OF ALLEGIANCE LEADER WAR POWERS RESOLUTION The President pro tempore led the The PRESIDING OFFICER. The ma- Pledge of Allegiance, as follows: jority leader is recognized. Mr. MCCONNELL. Madam President, on another matter, today, the Senate I pledge allegiance to the Flag of the f United States of America, and to the Repub- will consider a War Powers Resolution lic for which it stands, one nation under God, FORT KNOX offered by the junior Senator from Vir- indivisible, with liberty and justice for all. Mr. MCCONNELL. Madam President, ginia. Our colleague’s resolution is The PRESIDING OFFICER (Mrs. yesterday, the U.S. Army and the Com- deeply flawed on a number of levels. BLACKBURN). The Senator from Iowa. monwealth of Kentucky both received As I explained yesterday, it is too Mr. GRASSLEY. Madam President, I some really great news. blunt and too broad. It is also an abuse ask unanimous consent to speak for 1 Secretary of the Army Ryan McCar- of the War Powers Act, which was de- minute as in morning business. thy and Army Chief of Staff GEN signed to strike a balance between the The PRESIDING OFFICER. Without James McConville announced that Fort President’s constitutional war powers objection, it is so ordered. Knox will be the headquarters for the and Congress’s own war powers and f new Army Corps. They stopped by my oversight responsibilities. office last night to discuss the good Some of us believe the War Powers PARKLAND SHOOTING news. Act went too far in undermining the ANNIVERSARY The new Fifth Corps will support separation of powers and infringing Mr. GRASSLEY. Madam President, U.S. forces and operations in Europe, upon the authorities of the Commander this Friday marks the 2-year anniver- helping fulfill requirements of the na- in Chief. But apart from that debate, sary of the shooting at the school in tional defense strategy. It is expected everyone should acknowledge that it Parkland, FL, where 17 innocent lives to bring more than 600 additional sol- was designed to stop Vietnams—the de- were lost at the hands of evil. We will diers to Fort Knox. ployment of thousands of troops into never forget that tragic moment and Along with Congressman BRETT sustained combat without congres- day. GUTHRIE and Senator PAUL, I had urged sional authorization, not the one-off

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 00:16 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.000 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1000 CONGRESSIONAL RECORD — SENATE February 12, 2020 uses of limited force that Presidents toed if it does. If my colleagues want to Mr. MCCONNELL. Madam President, have carried out literally for centuries. make a real difference, this is not the in order to place the bill on the cal- Until recently, most in this body rec- way to go. endar under the provisions of rule XIV, ognized the need for Presidents to have The amendments my Republican col- I would object to further proceedings. flexibility with respect to the threat of leagues and I have filed expose the The PRESIDING OFFICER. Objec- military force. They saw the deterrent shortcomings and unintended risks of tion having been heard, the bill will be effect and diplomatic utility of keeping this approach. placed on the calendar. Senator KAINE has drafted a rule of our options open. f During President Obama’s tenure, construction that tries to provide an Democrats said frequently that when it exception allowing U.S. troops to de- RESERVATION OF LEADER TIME fend themselves against an attack if it comes to Iran, we should never take The PRESIDING OFFICER. Under is ‘‘imminent.’’ My amendment exposes the military option off the table. But the previous order, the leadership time the absurdity of this by simply remov- now they seek to use this privileged is reserved. resolution to do precisely that. ing the word ‘‘imminent.’’ The collateral institutional damage How imminent, exactly, is imminent f enough? When do our men and women of this action would fall on our mili- CONCLUSION OF MORNING in uniform get to defend themselves? I tary. Its ability to operate quickly and BUSINESS would like to know. Should our serv- adaptively to emerging threats would icemembers need to sit on intelligence The PRESIDING OFFICER. Morning be jeopardized. until an attack is a week away? A day business is closed. Colleagues, if you want to take the away? An hour away? Until they see truly significant step of preemptively f the whites of the enemy’s eyes? taking options off the table for defend- And who makes the determination EXECUTIVE SESSION ing our troops, if you really want to re- about imminence? Five hundred thirty- move troops from Syria or Iraq alto- five Members of Congress? The Presi- gether, why don’t you just be honest dent? A Pentagon lawyer? A battlefield EXECUTIVE CALENDAR about it and make your case? Find 60 commander? Some young private? The PRESIDING OFFICER. Under votes to pass legislation. Find 67 votes This resolution imposes a new con- the previous order, the Senate will pro- to override a Presidential veto. Don’t straint on the military without an- ceed to executive session to resume use a blunt and imprecise War Powers swering any of those questions. consideration of the following nomina- Resolution to end-run around the con- If we have intelligence warning that tion, which the clerk will report. stitutional structures that make this a an enemy is planning to attack our The legislative clerk read the nomi- difficult proposition by design. forces, can we not disrupt the plot nation of Joshua M. Kindred, of Alas- There is no ongoing, protracted com- until the attack is almost underway? ka, to be United States District Judge bat with respect to Iran. Our troops are Senators COTTON, ROUNDS, and SUL- for the District of Alaska. not mired in unending hostilities. The LIVAN have also filed amendments. The PRESIDING OFFICER. The Sen- War Powers Act aims to impose a 60- They propose sensible additions to give ator from Illinois. day clock on combat operations. The our troops and their commanders more strike that killed Soleimani took confidence we aren’t trying to tie their WAR POWERS RESOLUTION maybe 60 seconds. Let me say that hands against precisely the threat they Mr. DURBIN. Madam President, last again. The strike took about 60 sec- might face if Iran were again to be- week the Senate concluded the im- onds. come emboldened enough to attack peachment proceeding. I heard one of Clearly, this is the wrong tool for us—oh, and to make sure we can defend my colleagues say it is the most seri- this subject. our diplomats and Embassies, too, if ous thing that the U.S. Senate has the We have just come through an im- they were to face renewed threats. constitutional authority to do. That peachment trial because House Demo- So clearly this resolution is not argument can be made, but I would dis- crats rushed to use this serious tool as ready for prime time. I believe it is agree. a political weapon of first resort rather just an effort to broadcast a political I think the most serious thing we are than patiently conducting more nor- message, but even that message can be assigned under the Constitution is the mal oversight using the more normal harmful to our troops and to our na- declaration of war because, you see, it tools that Congresses of both parties tional security. isn’t just a matter of the political fate typically use. No patience for ordinary So what message will the Senate of any individual; it is the matter of oversight—just rush to grab the send to American servicemembers? the lives of many good people in Amer- bluntest tool available to make a polit- Should they doubt whether their own ica who serve in our Armed Forces, ical statement against the President. leaders are authorized to defend them? who may be in danger if we decide to Well, this war powers debate bears an What message should we send to our go to war. Even under the best cir- eerie resemblance to that pattern. regional allies and partners? Can they cumstances, a quick and effective war To listen to some of the advocates of count on continued solidarity from the can lead to the deaths of brave and in- Senator KAINE’s resolution, you would United States? What would it say to nocent Americans who are simply serv- think that sweeping resolutions like real great-power competitors like Rus- ing their country. That is why the this were the only means available to sia and China if we cannot even remain comments made by the majority leader Senators to express any discomfort united in the face of a lesser challenge, this morning need to be responded to. with White House foreign policy. Of such as Iran? His suggestion that Senator KAINE’s course that isn’t so. Let’s send the right message with our War Powers Resolution is a mistake, I If Senators’ priority is genuine over- vote. Let’s defeat this misguided reso- think, really ignores the obvious. It sight, there are countless tools in their lution. has been 18 years—almost 18 years— toolbox. They can hold hearings. They f since Congress and the Senate had an can engage the administration di- MEASURE PLACED ON THE active debate about the United States rectly. They can ask questions and CALENDAR—S. 3275 engaging in war. I remember that de- raise issues they feel were not suffi- bate in 2002 very well because it was a Mr. MCCONNELL. Madam President, ciently addressed in interagency delib- I understand there is a bill at the desk debate that consumed the attention of erations. due a second reading. the Senate, the House, and the Nation Instead, like impeachment, this War The PRESIDING OFFICER. The over whether we would invade Iraq and Powers Resolution cuts short that clerk will read the title of the bill for whether we would invade Afghanistan. interplay between the branches. It the second time. Most of us remember the argument short-circuits the thoughtful delibera- The legislative clerk read as follows: made by the Bush administration for tion and debate. It is a dangerously A bill (S. 3275) to amend title 18, United the invasion of Iraq. We were told there overbroad resolution that should not States Code, to protect pain-capable unborn were weapons of mass destruction in pass Congress and is certain to be ve- children, and for other purposes that country that could threaten the

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I re- tucky that we are still engaged in a tainty is still here to this day. member the classified testimony be- war 18 years after there was any vote This morning, the majority leader hind closed doors. I had serious doubts for an authorization for use of military said that he thought the impeachment in my mind as to whether they had es- force in Iraq and Afghanistan? effort that came to the Senate over the tablished that weapons of mass de- The larger question Senator KAINE last week would not have occurred if struction actually existed and whether and I tried to raise in this resolution we had been patient, and he said this is authorizing a war meant we would just is, What does this mean in terms of our another example of impatience where use that as a device to force Iraq into future relationship with Iran and their we are setting up this constitutional better conduct or we would actually in- neighbor, Iraq? We know we have had a responsibility of the administration. vade their country. rocky and contentious relationship Well, I disagree with him on two As a consequence, I joined 22 other with that country. We know they have counts. If Senator MCCONNELL is coun- Senators in voting against the invasion engaged in acts of terrorism that cost seling patience, patience in an im- of Iraq, which we voted on the floor of American lives. There has been tension peachment trial would certainly have the Senate in 2002. Twenty-two Demo- between our countries for decades. We involved evidence, documents, and wit- crats and one Republican all voted know that full well. nesses. Yet he was impatient to get it against that invasion of Iraq. Obvi- President Obama tried to at least over with without any evidence coming ously, we did not prevail. A majority bring some sanity to the relationship before the Senate. gave that authority to President by limiting the ability of the Iranians I also would say that patience is a George W. Bush, and the invasion was to develop nuclear weapons. He felt, I good virtue when it comes to most of underway. I can still remember it. felt, and most Americans felt that was life’s experiences, and it certainly is if I can remember the unfolding events a step in the right direction, to take there is a prospect of war. as our troops arrived, made their im- the nuclear weapons out of the hands What Senator KAINE is doing is as- pact on that nation, and eventually of Iraq so that even if they are engaged serting the authority of Congress to took control of Iraq. in conduct we find reprehensible, it step up and be party to discussions Then the search was on for the weap- about whether we move beyond the ons of mass destruction, which led to would not reach that horrible level of a current situation to one that involves our invasion of Iraq. The search contin- nuclear confrontation. I thought the President was right. I troops or any type of invasion of terri- ued for days and weeks and months supported President Obama’s efforts to tory in Iran. without any evidence of weapons of develop this inspection mechanism I see Senator KAINE is on the floor, mass destruction. It was a farce. It was where international inspectors would and I will defer to him in a moment, a fraud on the American public. Almost but I will tell you this before I sit 5,000 Americans lost their lives because come into Iran and see if they were de- down: As long as I have been a Member of our invasion of Iraq, but the veloping weapons and report to the of the House and Senate, I have felt premise, the pretense that led to that world. We engaged countries around the invasion was misleading information that Congress has a responsibility world to join us in this effort to stop from the administration. But at least I under the Constitution to declare war. the development of nuclear weapons in will say this: There was a debate. It is a responsibility that most Mem- There was a vote on the floor of the Iran. It was an incredible coalition bers of Congress talk about a lot but, Senate. Did anyone at that time be- that included Russia and China and the frankly, don’t want to face. They don’t lieve, 18 years ago, that we were voting European nations that joined with us want to be on the record for or against for a war in Iraq that would continue to impose this limitation of nuclear war for fear they will guess wrong in for 18 years? weapons in Iran. I thought it was a terms of certain foreign policy deci- On the invasion of Afghanistan, the move in the right direction to have sions. argument was made to convince me this kind of international support. Regardless, I think the Framers of and virtually every Member of Con- Yet, when President Trump took of- our Constitution understood full well gress that the parties responsible for fice, sadly, he kept his promise to that if we are going to ask American the tragedy and terror of 9/11 were eliminate that nuclear control agree- families to potentially sacrifice the somehow camped in Afghanistan, and ment between the United States, Iran, lives of their sons and daughters in we needed to go after ISIS and all and the other parties. By eliminating combat, in a war, they should have a those responsible for that 9/11 invasion it, he basically gave permission to the voice in the decision on going to war. of the United States. I voted for that, Iranians to continue development of That is what this article in the Con- but I have to say as well, there wasn’t nuclear weapons. Yet he warned the stitution provides—a voice for the U.S. a single Senator or Member of the Iranians that if they did, there would public that comes through the Con- House who really believed that 18 years be a price to pay. gress as to whether we are going to en- later, we would still be at war in Af- This is the very reason why this reso- gage in a war. Otherwise, we find our- ghanistan. Yet we are. lution by Senator KAINE is relevant selves in a situation like today, 18 The President is now talking about and why we need to consider what the years after an authorization of use of removing more troops from Afghani- next step will be, because if we are military force—and part of it under stan. We will see. We have heard these going to stop the Iranians from devel- false pretenses—continuing a military promises before, but perhaps it will oping nuclear weapons—and I pray effort that was never truly authorized. lead to such a decision by the adminis- they will not—how are we going to do I support Senator KAINE’s effort. I am tration. it and how much force will we use in glad it is a bipartisan resolution. The point I am getting to is, the response? Will it be authorized by the I yield the floor. Kaine War Powers Resolution—I see Constitution and by Congress? The PRESIDING OFFICER (Mrs. Senator KAINE has come to the floor— I listened to Senator MCCONNELL this LOEFFLER). really addresses the most fundamental morning, and he has basically said to The Senator from Virginia is recog- question of our constitutional author- do nothing. Do nothing. Don’t assert nized. ity and responsibility to declare war. the constitutional authority of the Mr. KAINE. Madam President, I rise As Senator KAINE says in this resolu- Congress under the Constitution when briefly to thank my colleague. I am ac- tion, which I am happy to cosponsor, it comes to any declaration of war tually scheduled to talk on this topic Congress has the sole power to declare against Iran or any future military en- later this afternoon, but I wanted to war under article I, section 8, clause 11, deavors. He described this as a one-off come and hear Senator DURBIN today. I of the U.S. Constitution. situation, a one-off use of force that we appreciate his effort. He has been a

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We said that under the law, those stu- this until we return after the Presi- I will take the floor later today to dents should have an opportunity to dent’s Day recess. But I want to make talk about the bipartisan resolution he discharge their student loan. one last point. We are not just bringing has just described. It is bad enough they were lied to, this up on behalf of students; we are Madam President, I yield the floor. bad enough they wasted their time, and bringing this matter before the Senate The PRESIDING OFFICER. The as- bad enough they had a college experi- on behalf of veterans. Student vet- sistant Democratic leader. ence that didn’t make life better for erans. Mr. DURBIN. Mr. President, I ask them, but to be saddled with debt be- The American Legion of the United unanimous consent to speak as in cause that school lied to them and de- States has stepped up and said to us morning business. frauded them is unacceptable. The that veterans have been defrauded just The PRESIDING OFFICER. Without process for having their loans dis- like the students we are talking about objection, it is so ordered. charged is called borrower defense. on the floor of the Senate. FOR-PROFIT COLLEGES AND UNIVERSITIES Under President Obama, we found If you believe in these veterans and Mr. DURBIN. Madam President, we that many schools—almost exclusively these military families who are stuck are likely to postpone a vote this week for-profit universities such as Corin- with student loan debt because of lies that had been scheduled on a Congres- thian, ITT, and others—lied to stu- from colleges and universities, I urge sional Review Act resolution of dis- dents about what their experience my colleagues to think twice and join approval relative to Education Sec- would be if they went there. So the stu- us in this effort to stop the DeVos rules retary Betsy DeVos’s new borrower de- dents, saddled with debt, having been and give our veterans a fighting chance fense rule. I would like to explain the lied to, went to the Department of Edu- not to be burdened with this unfair background behind this procedure. Al- cation to have that debt discharged. debt. though it is likely it will be postponed There was some success in that, but Madam President, I yield the floor. until after our 1-week President’s Day then came the new President. RECOGNITION OF THE MINORITY LEADER recess, I still think Members should re- President Trump, with his Secretary The PRESIDING OFFICER. The flect on the importance of this meas- of Education, Betsy DeVos, took a Democratic leader is recognized. ure. much different view and has ignored IMPEACHMENT In 1992 Congress added a provision to the claims of these students for dis- Mr. SCHUMER. Madam President, in the Higher Education Act that allowed charge of their student loans. They voting to acquit President Trump of an student borrowers who were defrauded started stacking up, and nearly 230,000 abuse of power and obstruction of Con- by their schools to have their Federal students from across the United States gress, Senate Republicans sought to student loans discharged. Here is what who were looking for this borrower de- justify their vote by claiming that the it boiled down to: The Federal Govern- fense relief from their student loans, President had ‘‘learned his lesson.’’ ment recognizes the accreditation of after having been lied to and defrauded The implication was that the ordeal of colleges and universities. With that by these colleges and universities, just impeachment and its permanent stain recognition, those colleges and univer- found no response whatsoever from the on his reputation that can never be sities can offer Federal loans to the Trump administration and from Edu- erased would chasten President students who attend. So there is a part- cation Secretary DeVos. As a con- Trump’s future behavior—a toddler nership that begins this process and sequence, they asked Members of Con- scolded into compliance. this relationship, and the partnership gress to intervene, and we tried but The explanation, frankly, looked like is a seal of approval by the Federal with no success. an excuse. It was unconvincing the mo- Government in the authorization of Then Secretary DeVos took this deci- ment it was uttered. No serious person Federal loans. sive step in changing the rules for fu- believes President Trump has learned What we found was that some of the ture students. Do you know what she any lesson. He doesn’t learn any les- institutions that were given permission said? She said to these students: In the sons. He does just what he wants and to authorize Federal student loans for future, if you want relief from student what suits his ego at the moment. Ob- those attending their institutions, in debt from being defrauded, prove your servers of the President would question fact, were lying to their students. So case. Lawyer-up. Get your lawyer, and whether he is even capable of learning the students were in a situation where let’s have a hearing. a lesson, and, unsurprisingly, the flim- they incurred a debt in student loans Well, understand that these stu- sy rationalization by some Senate Re- for promises made by a college or uni- dents—young and in debt to start publicans, desperate to have an excuse versity that turned out to be false. with—are not likely to turn around and because they were so afraid of doing We said that under the law, that is hire a lawyer to prove Corinthian, in the right thing, was disproven within a not fair to the student and the stu- its catalogues and representations to matter of days. dent’s family. Those students can be students, for example, misrepresented President Trump was acquitted by discharged from federal student debt if, the education they were offering. Senate Republicans last Wednesday. On in fact, that college or university de- Under the previous administration, Friday, he began dismissing members frauded them. that could be established in evidence, of his administration who testified in What would be a typical fraud? To in- and all the students affected by it the impeachment inquiry, including vite students to enroll in your college could use that evidence. Under the the patriot, LTC Alexander Vindman with the promise that the courses they DeVos administration, it is an indi- and Ambassador Gordon Sondland, a take in that college would be vidual burden of proof to qualify for clear and obvious act of retaliation— transferrable, that the credits are borrower defense. So that will leave very simply, that is all it was—against transferrable to another school, and many students with no recourse. As a witnesses who told the truth under then it turns out to be a lie; the prom- consequence, they will be stuck with oath. ise that if you complete a certain num- the debt for a worthless education or President Trump hates the truth, ber of courses in the school, you will one that didn’t meet as promised. time and time again, because he knows have satisfied the requirements for li- More than 223,000 claims are pending he lies, and when other people tell the censure for nursing, for example, and before the Department. Many of them truth, he hates it, so he fired them. that turns out to be a lie; or the possi- have been waiting for years. The The President even fired the brother of bility that you would finish the courses claims come from every State in the Lieutenant Colonel Vindman for the of this school and get a job in a certain Union—large, small, red, blue and pur- crime of being related to someone the field. ple—and they are not going to stop. President wanted out. How vindictive,

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how petty, how nasty, and yet there mands that the chairman of the Judici- Yet, after almost 21⁄2 centuries of ex- are rumors now that the President ary Committee hold a hearing now. perience in self-government as a repub- might dismiss the inspector general of The President is claiming that rig- lic, we are, once again, faced with a the intelligence community, the offi- ging the rules is perfectly legitimate. very serious and looming question: Do cial who received the whistleblower re- He claims an absolute right to order we want a government of laws or of port. These are patriots all. President the Justice Department to do anything men? Do we want to be governed by the Trump can’t stand patriots because he wants. The President has, as his At- laws of the United States or by the they stand for country, not for what he torney General, an enabler—and that is whims of one man? wants. a kind word—who actually supports I don’t think my Republican col- Yesterday, once again and typically, this view. Does anyone think it is out leagues fully appreciated what they the White House reportedly decided to of the question that President Trump were unleashing when they voted in withdraw the nomination of Elaine might order the FBI to investigate Hil- the impeachment trial to excuse the McCusker, who was in line to serve as lary Clinton, Joe Biden, or anyone else President’s conduct—although, maybe the Pentagon Comptroller and Chief without any evidence to support such they did. They were just afraid, fearful, Financial Officer. Why did he dismiss an arbitrary violation of individual shaking in their boots because Trump her—a longtime serving, very capable rights? Oh, I know, some far-right con- might take vengeance out on them as woman? Because over the summer, Ms. spiratorial writer, who has no credi- he did on Senators Flake and Corker. McCusker advised—merely advised— bility, who just makes things up, They voted to acquit the President members of the administration about writes it, FOX News puts it on, Sean after he used his immense power to the legal ramifications of denying as- Hannity or someone talks about it, and pressure a foreign leader to announce sistance to Ukraine. Her crime, in the then the President says ‘‘investigate.’’ an investigation to smear a rival. What we have seen in the hours and eyes of President Trump and his so That is third-world behavior, not days since that fateful acquittal vote many acolytes—henchmen—in the ad- American behavior. That kind of be- last Wednesday is so disturbing. In a ministration, was attempting to follow havior defiles that great flag that is parade of horribles, this is one of the the law. How dare she try to follow the standing above us. This is not ordinary most horrible things President Trump law. How dare she even voice this is stuff. I have never seen it before with has done. In a parade of horribles, this what the law is in this kind of adminis- any President—Democratic, Repub- is one of the most feeble and servile ac- lican, liberal or conservative. tration. tions of Republicans, just no one say- Of course, yesterday, after career Does any serious person believe the ing a peep about it. We are seeing the prosecutors recommended that Roger President’s abuse would be limited to behavior of a man who has contempt Stone be sentenced to 7 to 9 years in the Justice Department? Does any seri- for the rule of law beginning to try out Federal prison for witness tampering ous person think that Trump might not the new unrestrained power conferred and lying abjectly to Congress, the order the Justice Department to treat on him by 52, 53—well, 52 Republican President tweeted that his former con- his friends, associates, and family Senators, 1 brave one. fidant was being treated extremely un- members differently than it treats or- Left to his own devices, President fair. It appears the Attorney General of dinary citizens and that Attorney Gen- Trump would turn America into a ba- the United States and other political eral Barr would just carry out these or- nana republic with a dictator who can appointees of the Justice Department ders? do whatever he wants, and the Justice intervened to countermand the sen- Of course, none of this is out of the Department is the President’s personal tencing recommendation. As a result, question. The President asserted his law firm, not a defender of the rule of in an unprecedented but brave, coura- absolute right to do whatever he wants law. It is a sad day in America—a sad geous, and patriotic move, four career yesterday. We are witnessing a crisis in day. prosecutors working on the Roger the rule of law in America, unlike one The Founding Fathers created some- Stone case—all four of them—withdrew we have ever seen before. It is a crisis thing brand new, a republic, because from the case or resigned from the Jus- of President Trump’s making, but it they were afraid of monarchy. The Sen- tice Department. was enabled and emboldened by every ate Republicans aided and abetted When asked about the clear impro- Senate Republican who was too afraid President Trump to get much closer to priety of intervening in a Federal case, to stand up to him and say the simple that monarchy than we have been in a the President said he has an ‘‘absolute word ‘‘no’’ when the vast majority of long time. Senate Republicans have right’’ to order the Justice Department them knew that was the right thing to created something very close to a mon- to do whatever he wants. This morn- do. archy, if they can keep it. ing, the President congratulated the Republicans thought the President WAR POWERS RESOLUTION Attorney General, amazingly enough, would learn his lesson. It turned out Madam President, now, on war pow- for taking charge of the case. that the lesson he learned was not that ers, later today, the Senate will begin The President ran against the swamp he went too far and not that he needed debate on Senator KAINE’s War Powers in Washington, a place where the game to rein it in. The lesson the President Resolution, preventing President is rigged by the powerful to benefit learned was that the Republican Party Trump from unilaterally escalating them personally. I ask my fellow will not hold him accountable, no mat- military action against Iran. Americans: What is more swampy, ter how egregious his behavior—not The Constitution is clear, Congress what is more fetid, and what is more now, not ever. alone has the power to declare wars. stinking than the most powerful person Senate Republicans voted to excuse The President has no authority to in the country literally changing the President Trump’s abuses of power. enter the United States into another rules to benefit a crony guilty of They voted to abdicate the constitu- endless conflict in the Middle East, but breaking the law? tional authority of Congress to check I fear that the strike against Iranian As a result, I have formally requested on an overreaching Executive. Senate Major General Soleimani last month that the inspector general of the Jus- Republicans now own this crisis, and may bumble us into one. tice Department investigate this mat- they are responsible for every new With this bipartisan resolution, the ter immediately. This morning, I call abuse of power President Trump com- Senate can assert its constitutional au- on Judiciary Committee Chairman mits. John Adams famously described thority and send a clear bipartisan GRAHAM to convene an emergency our grand Republic that he helped cre- message to the President that he can- hearing of the Judiciary Committee to ate as a government of laws, not of not sidestep Congress when it comes to do the same—to conduct oversight and men. Our Founding Fathers’ foremost matters of war and peace. It was imme- hold hearings. That is the job of the concern, of course, was to escape the diately clear that the strike against Judiciary Committee, no matter who is tyranny of a government of men—more General Soleimani was carried out President and whether the President is specifically, a King. That is why the with insufficient transparency, without from your party or not. Something Founders created a republic in Amer- proper notification of Congress, and egregious like this demands that the ica. That is why the patriots died for without a clear plan for what comes inspector general investigate and de- the freedom we are now blessed with. next.

VerDate Sep 11 2014 00:16 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.006 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1004 CONGRESSIONAL RECORD — SENATE February 12, 2020 Last month has only magnified these years ago and continue to be impressed against all of these Federal judges in problems. President Trump initially with his fierce commitment to uphold- the Ninth Circuit and for Mr. Sturgeon. claimed that no one was hurt after Iran ing the law, the concept of equal access She said: ‘‘If Sturgeon lived in any retaliated against forces on January 8. to justice for all, and his keen aware- other State, his suit would not have a Now the Pentagon says over 100 mili- ness of Alaska’s unique legal land- prayer of success.’’ tary personnel suffered a traumatic scape. She went on: ‘‘Except that Sturgeon brain injury. Why has it taken so long Josh was unanimously rated as lives in Alaska. And as we have said be- for us to learn that American troops ‘‘qualified’’ by the ABA and is a life- fore, ‘Alaska is often the exception, not were hurt in the attack? Who ordered long Alaskan with a broad and impres- the rule,’ ’’ under Federal law. the withholding of that information? sive legal background. So the Supreme Court gets it, and Was it President Trump? It sure As I mentioned, after clerking on the Josh Kindred will get it. He under- wouldn’t be surprising. And who in the Oregon Supreme Court, he came back stands Alaska’s unique legal jurispru- military—the military, which is a bul- home to Alaska and was promoted to dence. He is committed to honoring the wark, one of the few, particularly when violent crimes supervisor after a num- commitments this body has made to General Mattis was the Secretary—who ber of years working in the Anchorage Alaska’s first peoples and others in my in the military let that happen? Just District Attorney’s Office, where he great State, and he is committed to as importantly, what is the President’s worked to punish perpetrators of justice. strategy for keeping our troops safe in crimes and with victims of some of the I believe he will serve with honor and the coming weeks? heinous crimes, unfortunately, that we integrity on the Federal court, and I The administration has deliberately have in too high numbers in Alaska, urge my colleagues to vote for his con- refused to be transparent with Con- particularly as it relates to sexual as- firmation. gress about the aftermath of the Ira- sault and domestic violence. In his ca- I yield the floor. nian strike. I fear that by keeping Con- reer, he has been committed not only The PRESIDING OFFICER. Under gress in the dark, President Trump is, to prosecuting those kinds of crimes the previous order, the question is, Will once again, hoping to short-circuit our but to doing pro bono work to stem the Senate advise and consent to the checks and balances and escape scru- this very significant crisis that my Kindred nomination? tiny. That is why Senator KAINE’s War State has with these heinous crimes of Mr. SULLIVAN. I ask for the yeas Powers Resolution is a matter of ur- sexual abuse. and nays. gent necessity. I commend Senator Rounding out his legal experience, The PRESIDING OFFICER. Is there a KAINE on the job he has done and urge Josh served as the environmental coun- sufficient second? my colleagues of both parties to vote sel for the Alaska Oil and Gas Associa- There appears to be a sufficient sec- in favor of this resolution. tion and, most recently, as the regional ond. I yield the floor. solicitor for Alaska for the U.S. De- The clerk will call the roll. The PRESIDING OFFICER. The Sen- partment of the Interior. Now, when The senior assistant legislative clerk ator from Alaska is recognized. the Federal Government controls over called the roll. Mr. SULLIVAN. Madam President, I 60 percent of the lands in Alaska, the Mr. THUNE. The following Senator is ask unanimous consent that the con- solicitor for the U.S. Department of necessarily absent: the Senator from firmation vote on the Kindred nomina- the Interior position in Alaska is actu- Wisconsin (Mr. JOHNSON). tion begin following my remarks. ally a really important one and is in- Further, if present and voting, the The PRESIDING OFFICER. Is there credibly important in terms of quali- Senator from Wisconsin (Mr. JOHNSON) objection? fications for a Federal judge. would have voted ‘‘yea.’’ Without objection, it is so ordered. This wide-ranging experience will be Mr. DURBIN. I announce that the NOMINATION OF JOSHUA M. KINDRED incredibly valuable as a district court Senator from Colorado (Mr. BENNET), Mr. SULLIVAN. Madam President, I judge in Alaska because he is famil- the Senator from Minnesota (Ms. KLO- rise today in support of the vote that iar—very familiar—with the numerous BUCHAR), the Senator from Vermont the Senate is going to take on here in Alaska-specific laws that this body (Mr. SANDERS), and the Senator from a few minutes on Joshua Kindred to be passes year after year, decade after Massachusetts (Ms. WARREN) are nec- decade: the Alaska Native Claims Set- Alaska’s next Federal district court essarily absent. tlement Act, the Alaska National In- judge, and I commend this body, par- The PRESIDING OFFICER (Mr. ticularly Leader MCCONNELL, for terest Lands Conservation Act, and the SASSE). Are there any other Senators Trans-Alaska Pipeline Act. This is an prioritizing putting good, solid, young in the Chamber desiring to vote? important point because very few Federal judges in seats in districts and The result was announced—yeas 54, States have such large, complex Fed- circuit courts all across the country— nays 41, as follows: 188 so far since the Trump administra- eral laws that are focused solely on tion took office, and now it is Alaska’s their State, and Federal courts often [Rollcall Vote No. 41 Ex.] turn. misinterpret these laws and don’t un- YEAS—54 That Federal judge seat that we are derstand these laws, to the detriment Alexander Fischer Perdue looking at filling here in a couple of Barrasso Gardner Portman of the people I represent. Blackburn Graham Risch minutes has been empty for almost 4 Let me just give you a recent exam- Blunt Grassley Roberts years, and in our State, in the great ple. There was a Federal case under the Boozman Hawley Romney State of Alaska, we don’t have too law I mentioned recently, ANILCA, as Braun Hoeven Rounds Burr Hyde-Smith Rubio many opportunities for Federal judges. we call it in Alaska. It involved a Capito Inhofe Sasse For example, Alaska only has 1 active moose hunter named John Sturgeon Cassidy Kennedy Scott (FL) judge on the entire Ninth Circuit Court who had a hovercraft and wanted to go Collins Lankford Scott (SC) of Appeals out of 29 active judges. So moose hunting, and overbearing Fed- Cornyn Lee Shelby Cotton Loeffler Sinema this is an important vote, certainly, for eral Government agents told him he Cramer Manchin Sullivan my State. couldn’t use his hovercraft in certain Crapo McConnell Thune I want to talk a little bit about Josh areas considered Federal waters. John Cruz McSally Tillis Daines Moran Toomey Kindred. I have known Josh since he Sturgeon knew better. He challenged Enzi Murkowski Wicker was a young assistant district attorney the Federal Government. There were 12 Ernst Paul Young for the State of Alaska when I was at- years of litigation, twice up to the U.S. NAYS—41 torney general. We talked about how Supreme Court, and Federal judges at Baldwin Coons Heinrich we were going to work together to the district and certainly the Ninth Blumenthal Cortez Masto Hirono make Alaska’s judicial process more Circuit Court of Appeals level getting Booker Duckworth Jones efficient and more effective for Alas- this case wrong every single time. Fi- Brown Durbin Kaine kans during his confirmation process. I nally, last year, in a unanimous 9-to-0 Cantwell Feinstein King Cardin Gillibrand Leahy certainly was impressed then, but I was opinion, Justice Elena Kagan summed Carper Harris Markey impressed when I first met Josh many it up very succinctly when she ruled Casey Hassan Menendez

VerDate Sep 11 2014 00:16 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.007 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1005 Merkley Schatz Udall Rosen Shaheen Tillis Paul Rounds Sullivan Murphy Schumer Van Hollen Rounds Shelby Toomey Perdue Sasse Tester Murray Shaheen Warner Rubio Sinema Warner Peters Schatz Thune Peters Smith Whitehouse Sasse Sullivan Whitehouse Portman Scott (FL) Tillis Reed Stabenow Wyden Scott (FL) Tester Wicker Reed Scott (SC) Toomey Rosen Tester Scott (SC) Thune Young Risch Shaheen Warner Roberts Shelby Whitehouse NOT VOTING—5 NAYS—23 Romney Sinema Wicker Bennet Klobuchar Warren Baldwin Gillibrand Schatz Rosen Smith Young Johnson Sanders Blumenthal Harris Schumer NAYS—12 Booker Heinrich Smith The nomination was confirmed. Brown Hirono Stabenow Booker Harris Stabenow The PRESIDING OFFICER. The Sen- Cantwell Markey Udall Brown Markey Udall ator from Oklahoma. Cardin Menendez Van Hollen Cantwell Murray Van Hollen Casey Merkley Wyden Gillibrand Schumer Wyden Mr. LANKFORD. Mr. President, I ask Coons Murray unanimous consent that the votes fol- NOT VOTING—7 NOT VOTING—5 lowing the first vote be 10 minutes in Bennet Klobuchar Warren length. Bennet Klobuchar Warren Heinrich Rubio The PRESIDING OFFICER. Is there Johnson Sanders Johnson Sanders any objection? The nomination was confirmed. The nomination was confirmed. Without objection, it is so ordered. The votes will be 10 minutes. f f

f EXECUTIVE CALENDAR EXECUTIVE CALENDAR The PRESIDING OFFICER. The The PRESIDING OFFICER. The EXECUTIVE CALENDAR clerk will report the next nomination. clerk will report the next nomination. The PRESIDING OFFICER. The The legislative clerk read the nomi- The bill clerk read the nomination of clerk will report the next nomination. nation of John Fitzgerald Kness, of Illi- Philip M. Halpern, of New York, to be The senior assistant legislative clerk nois, to be United States District United States District Judge for the read the nomination of Matthew Thom- Judge for the Northern District of Illi- Southern District of New York. as Schelp, of Missouri, to be United nois. The PRESIDING OFFICER. The States District Judge for the Eastern The PRESIDING OFFICER. The question is, Will the Senate advise and District of Missouri. question is, Will the Senate advise and consent to the Halpern nomination? The PRESIDING OFFICER. The consent to the Kness nomination? Mr. COTTON. Mr. President, I ask for question is, Will the Senate advise and Mr. WICKER. Mr. President, I ask for the yeas and nays. consent to the Schlep nomination? the yeas and nays. The PRESIDING OFFICER. Is there a Mr. CRUZ. I ask for the yeas and The PRESIDING OFFICER. Is there a sufficient second? nays. sufficient second? There appears to be a sufficient sec- The PRESIDING OFFICER. Is there a There appears to be a sufficient sec- ond. sufficient second? ond. The clerk will call the roll. There appears to be a sufficient sec- The clerk will call the roll. The bill clerk called the roll. ond. The legislative clerk called the roll. Mr. DURBIN. I announce that the The PRESIDING OFFICER. The Mr. THUNE. The following Senators Senator from Colorado (Mr. BENNET), clerk will call the roll. are necessarily absent: the Senator the Senator from Minnesota (Ms. KLO- The senior assistant legislative clerk from Wisconsin (Mr. JOHNSON) and the BUCHAR), the Senator from Vermont called the roll. Senator from Florida (Mr. RUBIO). (Mr. SANDERS), and the Senator from Mr. THUNE. The following Senator is Further, if present and voting, the Massachusetts (Ms. WARREN) are nec- necessarily absent: the Senator from Senator from Wisconsin (Mr. JOHNSON) essarily absent. Wisconsin (Mr. JOHNSON). would have voted ‘‘yea’’ and the Sen- The PRESIDING OFFICER (Ms. Further, if present and voting, the ator from Florida (Mr. RUBIO) would ERNST). Are there any other Senators Senator from Wisconsin (Mr. JOHNSON) have voted ‘‘yea.’’ in the Chamber desiring to vote? would have voted ‘‘yea.’’ Mr. DURBIN. I announce that the The result was announced—yeas 77, Mr. DURBIN. I announce that the Senator from Colorado (Mr. BENNET), nays 19, as follows: Senator from Colorado (Mr. BENNET), the Senator from New Mexico (Mr. [Rollcall Vote No. 44 Ex.] the Senator from Minnesota (Ms. KLO- HEINRICH), the Senator from Minnesota YEAS—77 BUCHAR), the Senator from Vermont (Ms. KLOBUCHAR), the Senator from Alexander Graham Portman (Mr. SANDERS), and the Senator from Vermont (Mr. SANDERS), and the Sen- Barrasso Grassley Reed Massachusetts (Ms. WARREN) are nec- ator from Massachusetts (Ms. WARREN) Blackburn Hassan Risch essarily absent. are necessarily absent. Blunt Hawley Roberts Boozman Hoeven The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Are there Romney Braun Hyde-Smith Rounds any other Senators in the Chamber de- any other Senators in the Chamber de- Brown Inhofe Rubio siring to vote? siring to vote? Burr Johnson Sasse The result was announced—yeas 72, The result was announced—yeas 81, Capito Jones Schumer Cardin Kaine Scott (FL) nays 23, as follows: nays 12, as follows: Carper Kennedy Scott (SC) Cassidy King [Rollcall Vote No. 42 Ex.] [Rollcall Vote No. 43 Ex.] Shaheen Collins Lankford Shelby YEAS—72 YEAS—81 Coons Leahy Sinema Alexander Duckworth Lankford Alexander Cotton Hyde-Smith Cornyn Lee Stabenow Barrasso Durbin Leahy Baldwin Cramer Inhofe Cotton Loeffler Sullivan Blackburn Enzi Lee Barrasso Crapo Jones Cramer Manchin Tester Blunt Ernst Loeffler Blackburn Cruz Kaine Crapo McConnell Boozman Feinstein Manchin Blumenthal Daines Kennedy Cruz McSally Thune Braun Fischer McConnell Blunt Duckworth King Daines Menendez Tillis Burr Gardner McSally Boozman Durbin Lankford Durbin Moran Toomey Capito Graham Moran Braun Enzi Leahy Enzi Murkowski Van Hollen Carper Grassley Murkowski Burr Ernst Lee Ernst Murphy Warner Cassidy Hassan Murphy Capito Feinstein Loeffler Feinstein Paul Whitehouse Collins Hawley Paul Cardin Fischer Manchin Fischer Perdue Wicker Cornyn Hoeven Perdue Carper Gardner McConnell Gardner Peters Young Cortez Masto Hyde-Smith Peters Casey Graham McSally Cotton Inhofe Portman Cassidy Grassley Menendez NAYS—19 Cramer Jones Reed Collins Hassan Merkley Baldwin Casey Harris Crapo Kaine Risch Coons Hawley Moran Blumenthal Cortez Masto Heinrich Cruz Kennedy Roberts Cornyn Hirono Murkowski Booker Duckworth Hirono Daines King Romney Cortez Masto Hoeven Murphy Cantwell Gillibrand Markey

VerDate Sep 11 2014 02:08 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.001 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1006 CONGRESSIONAL RECORD — SENATE February 12, 2020 Merkley Schatz Wyden Mr. KAINE. Madam President, fi- lowing that public deliberation, there Murray Smith Rosen Udall nally, I ask unanimous consent that is a vote of Congress for war, it rep- the time until 2 p.m. be equally divided resents a clear statement that a war is NOT VOTING—4 between the two leaders or their des- in the national interest and that the Bennet Sanders ignees. efforts of our troops are supported by a Klobuchar Warren The PRESIDING OFFICER. Is there clear political consensus. We should The nomination was confirmed. objection? not allow this important process to be The PRESIDING OFFICER. The Sen- Without objection, it is so ordered. short-circuited. ator from the North Dakota. The Senator from Virginia. Our Framers believed that the con- Mr. CRAMER. Madam President, I Mr. KAINE. Madam President, I now gressional deliberation would be the ask unanimous consent that for the rise to speak to the body in favor of the best antidote to unnecessary esca- nominations just confirmed, the mo- bipartisan War Powers Resolution, S.J. lation. tions to reconsider be considered made Res. 68, which is now pending before I have spoken often about this topic and laid upon the table and the Presi- the Senate. on the floor during the 7 years I have dent be immediately notified of the Before I address the resolution, I been in the Senate, and I don’t want to Senate’s action. want to acknowledge the combat repeat arguments that I have made The PRESIDING OFFICER. Without deaths of SFC Javier Gutierrez and dozens and dozens of times here, but I objection, it is so ordered. SFC Antonio Rodriguez. Both of these do want to address at least three objec- tions that I have made to this resolu- f Army sergeants, sergeants first class, were 28-year-olds who were killed last tion. LEGISLATIVE SESSION week in Afghanistan. While the inci- First, there is an objection that says dent is still under investigation, it ap- the bipartisan resolution is ‘‘an effort pears that they were killed by a mem- to restrain President Trump’s powers.’’ MORNING BUSINESS ber of the Afghan security forces or This is not a resolution about the Mr. CRAMER. Madam President, I somebody posing as a member of the President. The resolution does not say ask unanimous consent that the Sen- Afghan security forces. As we know anything about President Trump or ate proceed to legislative session for a well, this is a security force that the any President. It is a resolution about period of morning business, with Sen- United States has armed, equipped, and Congress. I want a President that will fully in- ators permitted to speak for up to 10 trained for 19 years. minutes each. Sergeant Gutierrez leaves behind a habit the article II powers of Com- The PRESIDING OFFICER. Without wife, Gabby, and four children, ages 2 mander in Chief, but as a Member of the Article I branch, I want an article objection, it is so ordered. through 7. His grandfather was a POW I branch that would fully inhabit the The Senator from Virginia. during World War II, and his father was article I powers, including the sole a marine. He had previously deployed f power to declare war. This is not an ef- both to Iraq and Afghanistan. fort to restrain President Trump or MOTION TO DISCHARGE—S.J. RES. Sergeant Rodriguez leaves behind a some other President. This is not an ef- 68 wife, Ronaleen. He had previously de- fort by a Democrat to point a finger or Mr. KAINE. Madam President, pursu- ployed to Afghanistan 10 times. I to restrain Republicans. No. In the his- thought that was a misprint when I ant to section 1013 of the Department tory of this country, even in recent his- read it—a 28-year-old who had pre- of State Authorization Act for Fiscal tory, I believe we have often gotten it viously deployed to Afghanistan 10 Years 1984 and 1985 and in accordance wrong with respect to the initiation of times before he was killed. with the provisions of section 601(b) of war, whether the President was a Dem- We honor their memories and send the International Security Assistance ocrat or Republican or whether the ma- our condolences to their families as and Arms Export Control Act of 1976, I jority in Congress was Democratic or well. move to discharge the Foreign Rela- Republican. tions Committee from further consid- The resolution before the body today The legislative branch, article I, has eration of S.J. Res. 68. is about Congress reclaiming its right- allowed too much power to devolve to The PRESIDING OFFICER. The mo- ful role in decisions about war. The res- the Executive in this fundamental tion is pending. olution is pretty simple: We should not question of whether the Nation should Mr. KAINE. I ask unanimous consent be at war with Iran unless Congress be at war. This is not directed toward to yield back all time on the motion to votes to authorize such a war. President Trump. It would apply equal- discharge. While the President does and must ly to any President. It is fundamen- The PRESIDING OFFICER. Is there always have the ability to defend the tally about Congress owning up to and objection? United States from imminent attack, taking responsibility for the most sig- There being no objection, the ques- the Executive power to initiate war nificant decisions that we should ever tion is on agreeing to the motion to stops there. An offensive war requires a have to make. discharge. congressional debate and vote. A second argument against the bill The motion is agreed to. This should not be a controversial that I have heard made on the floor in proposition. It is clearly stated in the f recent days is that it would send a Constitution we pledge to support and message of weakness to Iran or to DIRECTING THE REMOVAL OF defend. The principle is established other adversaries. I have to admit, I UNITED STATES ARMED FORCES there for a most important reason. If am more interested in the message FROM HOSTILITIES AGAINST we are to order our men and women, that we send to the American public THE ISLAMIC REPUBLIC OF IRAN like Sergeants Rodriguez and Gutier- and to our troops and to our families. THAT HAVE NOT BEEN AUTHOR- rez, to risk their lives and health in That is the message I am most inter- IZED BY CONGRESS—MOTION TO war, it should be on the basis of careful ested in. PROCEED deliberation by the people’s elected As a father of a marine and as a Sen- Mr. KAINE. Madam President, I legislature and not on the say-so of any ator from a State that is just chock- move to proceed to S.J. Res. 68. one person. full of Active-Duty Guard and Reserve The PRESIDING OFFICER. The Congressional deliberation educates veterans, DOD civilian and DOD con- clerk will report the motion. the American public about what are tractor military families, this bill The senior assistant legislative clerk the stakes, what are the stakes in- sends a very strong and powerful mes- read as follows: volved in any proposed war. sage to our public and to our troops Congressional deliberation allows Motion to proceed to S.J. Res. 68, a joint and their families that before we get resolution to direct the removal of United Members of Congress to ask tough into a war, there will be a careful delib- States Armed Forces from hostilities against questions about the need for war, about eration about whether it is necessary. the Islamic Republic of Iran that have not the path to victory, and about how a That is a message of comfort. That is been authorized by Congress. victory can be sustained. And if fol- a message that can give our own public

VerDate Sep 11 2014 02:08 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.004 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1007 and our troops confidence, but to the long after they have served. The one and curbing this administration’s abil- extent that we want to consider the impression that is always vivid when ity to put our troops in harm’s way message this might send to Iran and you visit a veterans hospital is this: without consulting the American peo- adversaries, I do not think that Amer- the enduring consequences of war. ple. ica sends a message of weakness when As I visited the Hampton VA, I spent Following the early January attack we proudly hold ourselves up as a na- time in, sort of, two particular units. on U.S. troops deployed in Iraq trig- tion of laws, and we pledge to follow One is a women’s clinic. We have so gered by President Trump’s decision to the law when it comes to the monu- many more women veterans, and a launch a drone strike that killed Iran’s mental question about whether or not number of VAs that were not set up Qasem Soleimani, I know that many we should be at war. very well to deal with women are now Americans were frightened, as I was, to In fact, I believe we are most effec- having to really build out the capacity then watch tensions with Iran escalate tive in countering our adversaries— to deal with the growing number of so rapidly in realtime. I am glad the and, face it, most of our adversaries are women veterans and the issues that President has backed down and decided authoritarian states which do not they are bringing to the table. I ap- not to further escalate those tensions honor the rule of war—when we send a plaud what I saw in Hampton at the in recent weeks—as a voice for my clear message that, in this country, we women’s clinic. home State of Washington, including will stand for democratic principles, I also spent time in the mental all of our servicemembers and military such as the rule of law, and we will fol- health unit that is trying to pioneer families and communities. But we are low those principles when we are mak- new technologies, magnetic imaging, not off the hook, and we have every ing momentous decisions, such as to help people deal with some of the reason to believe that Iran may retali- whether or not we should be at war. signature wounds of the Iraq and Af- ate again, which is why I remain deep- A third objection I have heard is this: ghanistan war: traumatic brain injury ly disturbed by President Trump’s rush It sends a message that America is not and PTSD. to incite conflict in ways that could likely to use military force, a message We make a promise to these veterans have significant negative impacts on that, thereby, might embolden bad ac- that we will be there for them, even our strategic goals in the region and, tors. I find this argument bewildering. when we don’t fully know the con- more importantly, the long-term safe- I don’t think anyone in the world sequences of the promise we make be- ty and security of Americans at home questions whether America will use cause they don’t know the con- and abroad. To date, neither President Trump nor military force. We have been engaged sequences of what they will experience his administration has provided any in a war against nonstate terrorism and suffer. now for 19 years. The pages in this body A signature aspect of the Iraq and Af- evidence to us here in Congress to jus- have known nothing but war. These ghan wars that really doesn’t have an tify his actions, and despite reports from the administration shortly after two 28-year-olds who were just killed earlier precedent is the 10-deployments the attack that there were no U.S. cas- last year, they virtually knew nothing phenomena. In what earlier war that ualties, we are now learning more than other than war during their whole this country fought do we have 28-year- 100 servicemembers—100—have been di- lives. old sergeants who are serving their agnosed with traumatic brain injury Is America willing to use military 11th deployment in a theater of war? following that attack—serious injuries action? We have been in a war for 19 Those repeated deployments have a that President Trump dismissed as years. We are losing troops on the bat- long consequence in the life of a person tlefield—like Sergeants Rodriguez and simply ‘‘headaches.’’ and in the life of those close to that The American people expect their Gutierrez—to this very day. We have person. representatives—us—to have a say in tens and thousands of troops deployed Madam President knows this from decisions that may put their lives or around the world to fight a war against her own service: When you go to the the lives of a loved one at risk. As the terrorism, and the current President is VA and you grapple with the long con- daughter of a World War II veteran and increasing the total footprint of those sequences of war, it has to make an im- Purple Heart recipient, here in the troops in the Middle East to prosecute pression upon those of us in this body Senate I make decisions about our na- this fight. charged with the sole responsibility for tional security with deep concern for In Afghanistan alone, where these declaring war that, if and when we do our brave servicemembers and their two sergeants were killed, we are so, we owe it the most careful delibera- families, with a personal understanding spending $45 billion a year. It is 19 tion that we bring to any question that of the sacrifices they make for all of us years later, and we are still spending would ever result in the loss of lives. and our Nation and an unwavering $45 billion a year to prosecute this That is not too much to ask for us to commitment to ensuring that they fight. No one can question whether the deliberate carefully when what is at have the support they need while they United States will protect itself or our risk for those who serve, who depend serve and when they come home. allies, but the choice of when to fight upon us to make the best possible deci- That is exactly why our Constitution wars and when to use other available sion, are consequences that will last mandates that the power to declare tools is always a question of such im- their own lifetimes and affect the lives war rests with Congress—not the Com- portance that the most careful delib- of so many others. mander in Chief—because those deci- eration is warranted. That is what this resolution is about. sions weren’t meant to be made by one As I conclude, I just want to say this. I don’t believe it should be controver- person alone. That is why I am glad I went and visited the Hampton vet- sial. It is certainly bipartisan, and I that my friend from Virginia, Senator erans hospital last Friday as part of hope we will stand up for this impor- KAINE, is offering this War Powers Res- just, sort of, a regular visit maybe once tant proposition that the careful delib- olution, of which I am very proud to be a year just to check in with the Hamp- eration of the Senate is the most nec- a cosponsor. ton VA, which is one of three VAs in essary thing we can do and what we Passing this resolution is a first step Virginia, to see what they are doing. I owe to our troops and their families. toward protecting our servicemembers know every Member of the Senate does I yield the floor. and our interests in the region by re- the same thing, visiting VA hospitals The PRESIDING OFFICER. The Sen- moving our troops from hostilities in in their States and elsewhere—going to ator from Washington. or against Iran unless there is a dec- see our veterans at Walter Reed, for ex- Mrs. MURRAY. Madam President, I laration of war or a congressional au- ample, or going to see wounded war- come to the floor today to strongly thorization for the use of force. riors who are at the hospital at Fort urge all of my colleagues to join Sen- This isn’t just an issue for Demo- Belvoir in Virginia. Any visit of that ator KAINE, and I want to thank him crats. I am very proud that this resolu- kind produces a million emotions: for his extremely thoughtful and amaz- tion has bipartisan support because, no pride in service providers, pride in re- ing approach to this. matter what side of the aisle you are silience of our veterans as they are I think it is so important that we re- on, we should all agree that Congress grappling with challenging illnesses assert Congress’s authority in deci- must play a role in our Nation’s for- and disabilities in their lives, often sions concerning our Nation’s security eign policy, as well as matters related

VerDate Sep 11 2014 02:08 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.013 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1008 CONGRESSIONAL RECORD — SENATE February 12, 2020 to the health and safety of our service- ways right in the center of that. As tion is an ill-advised and potentially members. head of the Quds Force of Iran’s Revo- problematic response to the President’s I am grateful for all of those who are lutionary Guard Corps, Soleimani mas- action. serving in the Middle East and around terminded Iran’s terrorist activities for With Soleimani’s evil influence re- the world, and that is why I refuse to two decades. Iran has been linked to moved from the Middle East, Iran has stand by and accept that they could be one in six U.S. military deaths in Iraq, the chance to chart a new course, to put in jeopardy or that our Nation’s notably through the IEDs that have be- rethink its participation in terrorism foreign policy and safety could be up- come so emblematic of the War on Ter- and its oppression of its own people. I ended by an impulsive, late-night ror. hope that Iran will moderate its activi- tweet. This was Soleimani’s work. He is re- ties, but, of course, we have to be pre- So I will continue to demand that the sponsible for the deaths of hundreds of pared for the likelihood that it will President provide his legal justifica- American soldiers and countless inno- not. We have to continue to ensure tion for the drone strike in Iraq, com- cent civilians, and the threat Iran that our words and actions make Iran mit to coming before Congress in ad- poses to U.S. personnel is an ongoing and any other hostile nation think vance of any further escalating steps, threat. At the end of December, an twice before attacking American citi- and explain to us how he will move for- Iran-backed militia fired more than 30 zens. ward in the region with the goal of pro- rockets at an Iraqi military base, kill- We have to continue to ensure that tecting Americans, our allies, and our ing an American contractor and our military and intelligence commu- interests. wounding four U.S. troops. Days later, nity have the resources they need to In the meantime, considering the Iran-backed protesters stormed the identify and to defeat any threat. I will unique recklessness of this administra- U.S. Embassy in Baghdad, conducting a continue to work to ensure that our tion, it is urgently important for Con- 2-day siege of the Embassy before with- military is the best prepared, best gress to pass this resolution to block drawing. equipped fighting force in the world President Trump’s ability to start a The strike on General Soleimani and that our intelligence professionals war with Iran and ensure that Congress wasn’t just based on these recent at- have the resources they need to protect is guaranteed the opportunity to hear tacks or on Soleimani’s long reign of our country. whatever case the President may have terror in the Middle East. The Presi- I yield the floor. dent authorized the strike on before taking a vote to determine the The PRESIDING OFFICER (Mr. ROM- Soleimani because there was credible path that we want our Nation to go NEY). The Senator from Ohio. intelligence that Soleimani was plan- down. IMPEACHMENT ning imminent attacks against U.S. in- In 2002 I voted against the war in Iraq Mr. BROWN. Mr. President, I thank terests. That was the conclusion not of because I felt the administration was the Senator from South Dakota. the President but of the U.S. intel- asking us to send our men and women At the conclusion of President ligence community and nonpartisan ex- into harm’s way without a clear plan Trump’s impeachment trial, I heard perts like the CIA Director and the or a goal. Last week the House passed some of my Republican colleagues, Chairman of the Joint Chiefs. It was in legislation to repeal that 2002 AUMF, most of whom I consider my friends, response to this conclusion from the which is a step in the right direction say that the President would be chas- intelligence community that the Presi- toward bringing our brave troops tened by impeachment. Some of you dent ordered the strike. home. The War Powers Resolution coming told me you knew what he did was The Senate should stand up and as- before the Senate was introduced out wrong. A number of Republicans told sert our authority to represent our of concern that taking out Iran’s top me they admit that he lies a lot. They constituents on this critical issue, too, terrorist leader would lead to esca- would acknowledge extorting an ally because, as Senators, they are the peo- lation, but that has not happened. The for help in the 2020 Presidential cam- ple to whom we are all accountable. We perspective provided by the nearly 6 paign wasn’t bad enough to rise to the have to be able to go home and look weeks that have passed since level of warranting removal from of- them in the eye and say that we gave Soleimani’s killing underscores the fice—even though Richard Nixon never questions as grave as decisions con- one-off nature of the strike. The Presi- did that; even though, just on the face cerning war and peace the deliberation dent has not escalated this conflict or of it, thinking of soliciting a bribe that they warrant and that we have used Soleimani’s death as an excuse to from a foreign country to help you in done everything we can to protect our send troops into action against Iran. In your reelection as President of the Nation and our servicemembers. You fact, this strike was designed to check United States is worse than untoward. simply can’t do that if you allow this escalation in the region—specifically, But you told me—many of you on the President—or any President—to con- increasing aggression and imminent at- Republican side—that holding the trial tinue conducting foreign policy—espe- tacks by Iran. was enough to check his bad behavior. cially by tweet—unchecked. We live in a dangerous world. The You said things like this—and these So Congress has an obligation to en- United States must be able to respond are quotes, but I will not mention who sure a debate. We have an obligation to to imminent threats to our security. I they were because they were private press this administration for a strategy support the robust interpretation of conversations. You said: ‘‘I think he and check its power if it doesn’t Congress’s constitutional prerogatives has learned he has to be maybe a little present a compelling one, which so far when it comes to the declaration of more judicious and careful.’’ it hasn’t. war and the deployment of U.S. troops, Some of you said these publicly too. Passing this War Powers Resolution but I also believe that the President A reporter asked another of you wheth- will help us—us—do exactly that, so I has the authority and, indeed, the re- er Trump might see acquittal as a li- strongly urge our colleagues to support sponsibility to protect the United cense to do it again, and you re- this resolution. States from imminent threats. sponded: I don’t think so. I yield the floor. The strike against Qasem Soleimani One of my colleagues said: ‘‘I think The PRESIDING OFFICER. The ma- has reminded those hostile to the he knows now that, if he is trying to do jority whip. United States that we will not stand certain things . . . he needs to go Mr. THUNE. Madam President, today idly by while U.S. personnel are threat- through the proper channels.’’ we are taking up a War Powers Resolu- ened. It has removed the top terrorist Another colleague said: ‘‘The Presi- tion ostensibly aimed at hostilities leader from the arena, a leader respon- dent has been impeached. That’s a with Iran. The impetus for this resolu- sible for the deaths of hundreds of pretty big lesson. . . . I believe that he tion was the strike the President au- Americans. It has reduced, although will be more cautious in the future.’’ thorized to take out Iranian General certainly not eliminated, the risk to Well, the President learned a pretty Qasem Soleimani. our men and women in uniform de- big lesson. The lesson he learned—be- Iran has a long history of fomenting ployed in the Middle East. cause everybody, every single person, violence and conflict in the Middle I believe that the President’s action from the majority leader down the hall East, and General Soleimani was al- was justified, and I think this resolu- to every Republican sitting at this

VerDate Sep 11 2014 02:08 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.015 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1009 desk and this desk and this desk— crimes, former U.S. Attorney Jessie political influence, but it has become every Republican except for MITT ROM- Liu, who had worked as U.S. Attorney no more than a personal weapon, or it NEY voted to acquit. Every single Re- for the District of Columbia and had is becoming—it is not there yet, but it publican voted to acquit, so the lesson worked on, among other things, over- started to be—a personal weapon the is he can do whatever he wants; he can sight of prosecutions from Special President can unleash on his political abuse his office because he will never, Counsel Mueller’s investigations. The enemies. ever be held accountable. Treasury Department has offered zero As I said, I am not a lawyer, but I One Republican had the courage to explanation. I am going to get a chance know enough to know the Department stand up and do it. Every other Repub- in a few minutes to ask the Treasury of Justice and the executive branch are lican sitting at these desks said to the Secretary, coming in front of my com- not there to serve the President of the President of the United States: Yeah, mittee, why they are withdrawing her United States. The Department of Jus- it is OK. You have learned your lesson. nomination 48 hours before her con- tice and the executive branch are there Yeah, your lesson is that you can do firmation hearing. to serve the same people we do—the whatever you want and this body will We can take a guess at why President people of Ohio, the people of the Pre- never, ever hold you accountable. Trump pulled down her nomination. siding Officer’s State of Utah, the peo- So do you know what? And I thank She oversaw the U.S. attorneys pros- ple of Maine, Iowa, Tennessee, and the Presiding Officer, by the way. Do ecuting President Trump’s criminal as- every State across this country. No you know what? The President went on sociates, his political operatives, like one—no one—should be above the law. what we call a PR tour—a personal ret- Rick Gates, Michael Flynn, and Roger I suggest the absence of a quorum. ribution tour—starting at the prayer Stone. The PRESIDING OFFICER. The breakfast—the prayer breakfast—the This is so obvious. There were people clerk will call the roll. next day when he attacked and he at- out there who displeased the President. The senior assistant legislative clerk tacked and he attacked all kinds of One of them was doing his public duty. proceeded to call the roll. people, continuing through to his He is career military and had fled the Mr. BARRASSO. Mr. President, I ask speech in the East Room where many Soviet Union. He was speaking under unanimous consent that the order for of my colleagues were in the audience oath about what the President had the quorum call be rescinded. clapping for the President when the done because he knew it was wrong to The PRESIDING OFFICER. Without President made these attacks on peo- solicit a bribe from a foreign country. objection, it is so ordered. ple. Another was a lawyer that oversaw the The Senator from Wyoming. They say he will never do it again; prosecution of some of the President’s AMERICA’S TRANSPORTATION INFRASTRUCTURE even if we vote to acquit, he will never political operatives and political ACT do it again. But then they clap for him hacks—criminals, as it turned out. Mr. BARRASSO. Mr. President, dur- when he starts his personal retribution They oversaw the prosecution. The ing the State of the Union, President tour. President is attacking them. The Trump called on Congress to rebuild He removed Colonel Vindman, a pa- President is using his power to attack America’s infrastructure. He specifi- triot, a Purple Heart recipient who him. cally asked Congress to pass America’s spent his life serving our country. He My colleagues—who sit at this desk, Transportation Infrastructure Act ‘‘to was an immigrant. He left the Soviet and this desk, and this desk, and this invest in new roads, bridges, and tun- Union. He wanted freedom. He served desk on the Senate floor—think it is nels all across our land.’’ The Senate is in our country’s military. OK to acquit him and then tell me that ready to answer President Trump’s The President, when he attacked he is going to quit acting the way he call. Colonel Vindman, mocked his accent. acts. America’s roads and bridges are im- He grew up speaking Ukrainian, and No sentient human being, including portant to every State, every commu- his English was damn near perfect the Presiding Officer, would possibly nity, and every Tribe in the Nation. when I have listened to him, but he had think that way. Ms. Liu was scheduled The quality of our roads affects every- a bit of a Ukrainian accent. He mocked to testify under oath before members one. Our economy is built on a well- his accent. And then he suggested he of both parties at our hearing in the functioning road system that allows could be subject to military prosecu- Banking Committee tomorrow morn- products from rural areas—like Utah, tion. ing. We need answers as to what she like Wyoming—to get to our popu- He removed Ambassador Sondland, would have said. Were there discus- lation centers. Interstates like I–80, in who was a Trump appointee, after he sions and decisions she was part of as my home State of Wyoming, are crit- testified to the quid pro quo. U.S. attorney involving the President’s ical arteries of commerce. America’s Yesterday, President Trump contin- associates that he didn’t like? Was he roads create American jobs, move ued this PR tour—his personal retribu- afraid more would come out about the American products, and they fuel tion tour—interfering at the Depart- actions of some of the President’s asso- America’s economy. ment of Justice. I am not a lawyer. I ciates, the criminal actions? Was she In 2015, the U.S. transportation sys- know the Presiding Officer is. Most of aware of efforts by the President and tem moved a daily average of roughly my colleagues on both sides of the aisle his political appointees to interfere in 49 million tons of freight. That is an are. But they know a President doesn’t the operation of our justice system? We average of $53 billion worth of freight interfere with the Department of Jus- need a swift and thorough DOJ inspec- every single day. The quality of our tice. As part of his personal retribution tor general investigation of these pros- roads has to keep pace. We must main- tour, he is interfering there. He is ecutorial decisions. tain and upgrade and, where necessary, strong-arming appointees to overrule With every passing day, we don’t see build America’s highway infrastruc- the decision of career prosecutors. a humbled President. We see a Presi- ture. Do you know what? These career dent unleashed. Again, he didn’t learn Last July, the Senate Environment prosecutors withdrew in protest. One of a lesson from impeachment. Actually, and Public Works Committee, which I them resigned from the Department— he learned a lesson from his acquittal. chair, unanimously passed America’s more on that later. The lesson he learned is that he can do Transportation Infrastructure Act. The Late last night, when the country’s whatever he wants. He is a President vote was 21 to 0. I introduced this bi- eyes were on the primary in New unleashed. He is bent on turning the partisan bill with fellow leaders on the Hampshire, the President of the United arms of a government that is supposed committee—Ranking Member CARPER, States was on part of this retribution to serve the American people into his Senator CAPITO, and Senator CARDIN. tour, and my colleagues had said: Oh, own personal vengeance operation—his This legislation will make a historic no, he has learned from impeachment. own personal vengeance operation. investment in our roads. Well, he hasn’t. He has learned he can I implore my colleagues: We can’t let America’s Transportation Infrastruc- get away with stuff. He yanked his own that stand. ture Act authorizes $287 billion over 5 Treasury nominee, who was working on The Department of Justice is sup- years from the highway trust fund. terrorist financing and financial posed to be impartial and immune from That is the largest investment in

VerDate Sep 11 2014 02:08 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.016 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1010 CONGRESSIONAL RECORD — SENATE February 12, 2020 America’s roads included in any high- The PRESIDING OFFICER. The Iran has been involved in operations in way bill ever passed by Congress. Our clerk will call the roll. Yemen, Lebanon, and throughout the bill is going to help the entire country. The legislative clerk proceeded to entire region. It has captured Amer- Senators on our committee represent call the roll. ican sailors on the high seas and hu- rural areas like Wyoming, Iowa, and Mr. GRAHAM. Mr. President, I ask miliated them. Its efforts in Lebanon Alaska and urban areas like New York, unanimous consent that the order for put Israel’s very existence at risk by Chicago, and Baltimore. America’s the quorum call be rescinded. its flooding Lebanon with weapons that Transportation Infrastructure Act is a The PRESIDING OFFICER. Without could be used to destroy our friends in win for them all. objection, it is so ordered. Israel, and it is the largest state spon- Over 90 percent of the money in our WAR POWERS RESOLUTION sor of terrorism. legislation will go to States through Mr. GRAHAM. Mr. President, today I I applaud the President for standing highway formula funding. Formula would like to rise in opposition to Sen- up to the Iranians. They have attacked funding gives each State the flexibility ator KAINE’s War Powers Resolution, the largest oilfield in the world in to address its specific surface transpor- S.J. Res. 68. Saudi Arabia, and they have attacked tation needs. The formula-based ap- I have had a longstanding opposition international shipping in the Strait of proach has been very successful in the to the War Powers Act. I think it is an Hormuz. past. It effectively and efficiently de- unconstitutional intrusion on the abil- The President decided to use military livers infrastructure money to States, ity of any Commander in Chief to de- force against Soleimani, who was a and they can make decisions as to fend the Nation and to direct military member of the Iranian Revolutionary which projects to pursue. America’s operations. Guard and a commander who was on This statute passed, I think, in the Transportation Infrastructure Act the international no-fly list—for lack 1970s. It was a way to deal with the maintains this important approach so of a better term—who was sanctioned Vietnam war. by the U.N. I think he was a legitimate States get the funds they need. I have always believed the best thing America’s Transportation Infrastruc- Congress can do when it comes to deal- target of war because he had been ture Act also expands successful Fed- ing with military operations—long- pushing war against the United States eral loan leveraging programs. A single standing conflicts that it disapproves for decades. We have had at least 500 to 600 sol- taxpayer dollar in one of these Federal of—is to cut off funding. I think that is diers killed in Iraq from IEDs that had loan programs can leverage 40 times what the Framers had in mind. that much in actual infrastructure The inherent authority of any Com- been developed in Iran and had been spending. mander in Chief to defend the Nation is used inside Iraq. They have been very, Between new authorizations, part of our constitutional checks and very lethal to American forces. leveraging programs, State-match re- balances. The President is the Com- Now we find ourselves in a position quirements, and input from other com- mander in Chief of the Armed Forces. wherein Iran is getting more provoca- munities, our bill’s total impact on in- You cannot have 535 people planning tive, and the worst possible thing Con- frastructure will be nearly half a tril- and implementing military operations. gress could do would be to send a mixed lion dollars. That 535 would be Congress. Can you signal. America’s Transportation Infrastruc- imagine what would happen if our Na- I want the Iranians to know that the ture Act is momentous, and it must be tion had to respond in real time and we Trump administration would like a responsibly paid for. When our com- had to get 535 Members of Congress to new deal and a better deal but that it mittee passed the legislation, it in- agree on anything? has to occur through negotiations and cluded a commitment that the bill This resolution is designed to prevent that if they continue to dismember the should be paid for. The Environment actions against the Islamic Republic of region and develop technology that and Public Works Committee doesn’t Iran without congressional authoriza- could destroy our friends in Israel or have jurisdiction over revenues for the tion. It does acknowledge in the law that could one day come to our home- highway bill. That is why I am working that we can take defensive action. We land, they will be met with all options closely with Senate Finance Com- can always defend ourselves. I think on the table. mittee chairman CHUCK GRASSLEY to that is inherent to putting people in The authors of this resolution are make sure this legislation is paid for. harm’s way. friends. Senator KAINE has had a long- It is no silver bullet. We all need to I have been consistent over time. I standing concern about the original find multiple sources of revenue. have opposed the War Powers Act being AUMF that had come right after 9/11. It One thing the Democrats and Repub- used against all Presidents, Republican is one thing to try to rewrite it; it is licans agree on is that the people who or Democratic. I will continue to do so another thing to use the War Powers use the roads should contribute to because I do believe, from a national Act to tie the hands of the President at maintaining them. This must include security point of view, this will create a time when our Iranian enemies—and drivers of electric vehicles. Right now, a nightmare for our country’s ability they are the enemies of the United the drivers of electric vehicles con- to defend itself. Every Commander in States and the region and the world— tribute nothing to the highway trust Chief has to have the latitude and the are becoming more provocative. The fund. If these electric vehicles were flexibility to engage enemies of this Iranian people could be a great ally one contributing at a rate comparable to Nation in real time and to send mes- day, but the Ayatollah is a religious drivers in my home State of Wyoming, sages that are clear. Nazi, in my view, and I can’t imagine it would generate billions of dollars for When the President decided to with- why we are doing this now. It makes road maintenance over the next dec- draw from the Iranian nuclear agree- conflict more likely, not less. ade. ment early on in his Presidency, I sup- If this passes, the President will Electric vehicle fees alone won’t pay ported that action. We are trying to never abide by it. No President would. for this legislation, but it is an impor- find a way to replace it with something It will be vetoed, if that is the appro- tant start. I am going to continue to that is more sustainable and accept- priate way to do it, but it is going to work with Chairman GRASSLEY to find able to the region and the world. With- have no effect on his ability to conduct responsible ways to fund the legisla- out boring everyone with the flaws in military operations. It will have an ef- tion. the Iran nuclear agreement, I thought fect on our enemies’ perception of the It is time to make a historic invest- it was a bad deal. It gave the Ayatollah will of the United States to stand up to ment in America’s roads and bridges. and his henchmen a bunch of money Iranian aggression. It will have an ef- America’s Transportation Infrastruc- without their having to change their fect on our allies: Can you really trust ture Act will grow our economy, im- behavior. It was tied to their nuclear America? Our friends in Israel are prove the safety of our roads, and en- program and had nothing to do with watching with great concern about this hance the quality of life for the Amer- their missile program or their being debate. ican people. the largest state sponsor of terrorism. I will oppose this resolution—the fun- I yield the floor. Now you see Iran has been acting out damentally flawed concept of having a I suggest the absence of a quorum. since this agreement has been signed. statute that would restrict military

VerDate Sep 11 2014 02:08 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.018 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1011 operations based on the view of 535 use it, and it would be a competition conduct of armed warfare, and it is cer- Members of Congress. We can only have for the first use. Would the Iranians go tainly something I respect. 1 Commander in Chief, not 535. I think after the Sunni Arabs, who are the The problem is that their intentions the War Powers Act, as it has been mortal enemy of the Islamic faith and and how this will be perceived by the written, is blatantly unconstitutional. the regime? Would they go after Israel? audience that I believe it matters the Having said that, we find ourselves at There is no spot on the planet for a most to right now, and that is the lead- a time of choosing in the Middle East, State of Israel in the radical Shiite ership of Iran, perception and the re- for the Iranians are making calcula- theology. Would they come after us, ality are two different things, and the tions every day of how hard to push: the greatest of all infidels? I don’t perception is very serious. What would the Americans do if we did know where we would be—No. 1, 2, or What is the perception? I can tell this or that? I want the Iranians to un- 3—but we would be in the top three. I you, just moments ago, I went online derstand that when it comes to their do know this: Our Arab allies and our before coming here just to see if any- provocative behavior, all options are Israeli friends can never let that day thing has been written about it, and on the table. come. here is what I found. It was just one Let me tell you the scenario that I The best way to prevent the Aya- headline. That is all I needed because I fear the most. The Iranians are now up tollah from having a nuclear breakout think this broadly captures the way it against the wall because of sanctions. is for Congress and this administration is going to be talked about in the press What if they reactivate the centrifuges and every other administration to and all over the world. Here is the that have been dismantled or at least make it clear what will happen if you headline from POLITICO: ‘‘Senate to mothballed? They have probably not try. We were able to win the Cold War rein in Trump war powers after Iran been dismantled. What if they began because all parties and every President strike.’’ enriching uranium at 20 percent? What adhered to the idea that we would The first paragraph goes on to say: if they went from 3.5 to 20 percent? stand up to the expansion of com- ‘‘The Senate is set to pass a bipartisan Going from 20 to 90 takes months, not munism. resolution . . . to limit President Don- years. What would be the appropriate This is one of those moments in his- ald Trump’s authority to launch mili- response? Would that be a hostile act tory in which I hope we do not mis- tary operations against Iran weeks under the War Powers Act? calculate. The Iranians are watching. after the U.S. killed a top Iranian gen- I know this: It would be an unaccept- North Korea is watching. The world is eral.’’ able outcome for the United States. That is the opening paragraph of that I hope the Trump administration is watching. I am hoping that Congress story. That is basically the way it is communicating to the Iranians that will not miscalculate because, if we going to be reported, and I am going to any effort to have a nuclear breakout— pass this resolution, the chance of war explain to you why that is a problem. a dash to a bomb—would be considered goes up, not down. The chance of a nu- One of Iran’s objectives in the Middle a threat to the United States, our al- clear breakout becomes almost inevi- East is to push the United States out of lies—particularly Israel—and would be table. the region. They don’t want us in Iraq met with military force if the provo- I ask all of my colleagues to think to help the Iraqis fight ISIS. They cation were to continue. I can’t think long and hard about how they will vote don’t want us in Syria. They don’t of a more dangerous scenario in real today. You may think nothing will want us to have military bases any- time than the Iranians’ making a mis- really happen if this passes because it calculation that the international will never become law as we know law where in the region, including Bahrain, community—particularly the United to be in the United States. You are as an example, where one of our major States—will sit on the sideline as they right about that. Yet you are wrong naval fleets is headquartered. They do try to ramp up enrichment and have a about the signal it will send. It will not want us in the Middle East. breakout toward a bomb. send a signal that will be picked up by Their strategy to drive us out is at- The regime believes that if it can the most dangerous people on the plan- tacks conducted primarily by surro- ever get a nuclear weapon, it will be et that we really don’t mean it when gates, meaning other groups—groups home free, that the world will back off. we say: When it comes to Iran’s getting they have created, groups they spon- All I can say to the world is that con- a nuclear weapon, it will never happen. sor, groups they arm. Their strategy is taining the Ayatollah with a nuke is a I yield the floor. to use those groups to kill Americans. non-option for me. If you are in Israel, I suggest the absence of a quorum. Their reasoning is, No. 1, if they use it is not even close to being an option. The PRESIDING OFFICER (Mrs. these groups, it gives them deniability What you have to understand is that BLACKBURN). The clerk will call the so the world can’t condemn them. They the Iranians are wanting to make a roll. will go on and say: It wasn’t us. It was bomb, not build powerplants for peace- The legislative clerk proceeded to some Shia militia or some other group ful purposes. They want a bomb for a call the roll. that did it. So they think it gives them reason—not as an insurance policy to Mr. RUBIO. Madam President, I ask some level of plausible deniability. guarantee the regime’s survivability unanimous consent that the order for The second reason why they do it is but to enact a religious agenda that is the quorum call be rescinded. they calculate that if Americans start very dangerous, very radical, and very The PRESIDING OFFICER. Without to die in the Middle East, the American real. objection, it is so ordered. people will demand that we withdraw People don’t want to believe things Mr. RUBIO. Madam President, in a from the Middle East. So it is a pres- like this. After World War I, nobody few minutes, we are going to vote on sure tactic that they are trying to in- wanted to believe that Hitler had a this resolution to begin debate on it, stitute. plan that included killing all of the and what most people would think by They do direct attacks. As an exam- Jews. People just thought he was bluff- reading it is this is a resolution to di- ple, I remind you that just a few ing and talking, rhetoric-wise, just to minish the chances of war with Iran. months ago they were out in the ocean grab more land and that he would be I actually think that if this resolu- putting limpet mines on commercial appeased if you just gave him one more tion were to ever pass and actually be- vessels, and there were people in the thing. It is hard for peace-loving people come law—or I would argue that even city arguing: We have seen no evidence to imagine that folks like Hitler actu- this debate we are having now, to some that it was the Iranians. ally exist and will do the things they extent—potentially increases the Well, it wasn’t Luxembourg. It say they will do. It is hard for us here, chances of war, and I will explain why wasn’t the Belgians. They are the only in the safety of the United States, to in a moment. people in the region that had the abil- imagine that someplace in the Mideast, First, let me start out by saying I ity to do it, but that is the kind of de- there is a regime that is bent on our don’t question the motives of the spon- niable attack that they seek to con- destruction because of our religious sors and proponents, the people who duct and to kill Americans. By the differences. are in support of this. These are people way, the person who ran that program Here is what I do believe: If the Aya- with a long history of wanting to as- was General Soleimani. When I say tollah had a nuclear weapon, he would sert congressional oversight over the ‘‘general,’’ he really wasn’t a general.

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The first is LITICO’s headline says, reined in his The result was announced—yeas 51, how many Americans can we kill be- war powers and decide that they can nays 45, as follows: fore America retaliates because they strike or conduct multiple strikes and [Rollcall Vote No. 45 Leg.] don’t want a war with America. They terrorist attacks and miscalculate and YEAS—51 do not want an open conflict with the elicit a response—a strong response—to Alexander Harris Paul United States. It is a war they can’t which they would have to respond, to Baldwin Hassan Peters Blumenthal Heinrich Reed and will not win. So they are trying to which we would have to respond. That Booker Hirono Rosen see how many Americans they can kill, is how a war starts. Brown Jones Schatz how much they can get away with be- That is the danger embedded in this Cantwell Kaine Schumer fore triggering a direct response from Cardin King Shaheen resolution, not the intention of its Carper Leahy Sinema the United States, and part of the cal- sponsors, whom I truly do believe—I Casey Lee Smith culus they use to determine that is our know they are standing for a constitu- Cassidy Manchin Stabenow domestic political environment. tional principle they believe in. They Collins Markey Tester Coons Menendez Udall I believe there is strong evidence are not the problem. Cortez Masto Merkley Van Hollen that indicates—and I say this just from The problem is how this is going to Duckworth Moran Warner everything you see—that Iran already be portrayed and how the Iranians are Durbin Murkowski Whitehouse miscalculated once. They thought going to take it and what it will lead Feinstein Murphy Wyden Gillibrand Murray Young Soleimani could travel the region with them to conclude they can get away impunity and plan attacks to kill with. NAYS—45 Americans and nothing would happen, That is why I say that passing this, Barrasso Fischer Portman Blackburn Gardner Risch and they were wrong and they miscal- having this go into effect, even if the Blunt Graham Roberts culated. It was evident they miscalcu- President vetoes it, sends a message, Boozman Grassley Romney lated. It was evident by their own body whether you like it or not—and with Braun Hawley Rounds language and the things they did in the all due respect I say this—whether you Burr Hoeven Rubio Capito Hyde-Smith Sasse days after that they truly were like it or not, the message that this Cornyn Inhofe Scott (FL) shocked that the President took the sends is that, in America, Members of Cotton Johnson Scott (SC) steps he took. Hopefully, it reset their both parties do not want the President Cramer Kennedy Shelby Crapo Lankford Sullivan deterrence level. to respond militarily to an attack and Cruz Loeffler Thune We are in a period of time right now do not want the President to act Daines McConnell Tillis where it seems, from all indications, proactively to prevent one. Enzi McSally Toomey that Iran, at least in the short term, That may not be the intention of the Ernst Perdue Wicker has decided to stand down on some of sponsors—I don’t believe it is—but that NOT VOTING—4 these attacks, but it is not because will be how it is portrayed, and that is Bennet Sanders they have suddenly found peace in a chance we cannot take. We are play- Klobuchar Warren their hearts. It is because they are hop- ing with fire. The motion was agreed to. ing the political process inside of Iraq An Iranian miscalculation, an attack f will force us to leave there. that goes beyond our redlines on what Eventually, if that doesn’t happen, we would tolerate, is going to lead to a DIRECTING THE REMOVAL OF they are going back to these attacks. strong American response, to which UNITED STATES ARMED FORCES They continue to plan them on a reg- they would have to respond, to which FROM HOSTILITIES AGAINST ular basis. They continue to prepare we would respond in kind. Suddenly, THE ISLAMIC REPUBLIC OF IRAN for those attacks to happen. What is that is how you find yourself in an es- THAT HAVE NOT BEEN AUTHOR- going to happen when that moment calating conflict and even a war. IZED BY CONGRESS comes and they determine: We believe So I hope those who are thinking The PRESIDING OFFICER. The that the threshold of attack, meaning about supporting this will rethink clerk will report the joint resolution the number of Americans we kill, the their position because while your posi- by title. number of attacks we conduct—how tions might be pure in terms of your The senior assistant legislative clerk brazen they are—we think we can get constitutional views, the foreign policy read as follows: away with a certain level because in impact—the real foreign policy impact A resolution (S.J. Res. 68) to direct the re- America—in America, the President, that even this debate is going to have moval of United States Armed Forces from hostilities against the Islamic Republic of Members of both parties, do not want is to instill, in the minds of some in Iran that have not been authorized by Con- him to attack us. Iran, that there are certain kinds of at- gress. In fact, they would calculate: If we tacks they can get away with, and the The PRESIDING OFFICER. The Sen- can even make it deniable, if we can President’s hands are tied by politics ator from Connecticut. even create some doubt that we were in Washington. That is a dangerous Mr. MURPHY. Mr. President, it has behind it and it wasn’t just some other proposition and a fire with which we been more than a month since Presi- group that was going to attack us any- should not play. dent Trump brought the United States way, it is going to make it even harder I yield the floor. to the brink of war with Iran by order- for him to respond. The PRESIDING OFFICER (Mr. ing the killing of Iran’s top general, Now, that is not the reality. The re- PERDUE). All time has expired. Qasem Soleimani. ality of this administration is the re- The question is on agreeing to the Now, no one here mourns Soleimani’s ality of what I hope anyone who would motion. death. He was a ruthless killer. He has ever occupy that position would be, Mr. PORTMAN. Mr. President, I ask American blood all over his hands. But and that is, if they know and they be- for the yeas and nays. decisions over whether to attack sov- lieve that American lives are at risk The PRESIDING OFFICER. The yeas ereign nations or whether to send and they have a chance to disrupt it, and nays have been ordered. American troops to war are not deci- they will do so. I believe—and I know The clerk will call the roll. sions for the executive branch to make. this President would—if Americans are The bill clerk called the roll. These are decisions that the Constitu- attacked and harmed, there would be a Mr. DURBIN. I announce that the tion vests only in the U.S. Congress. strong response in retaliation. Senator from Colorado (Mr. BENNET), That is why we need to pass, on a bi- The President has the constitutional the Senator from Minnesota (Ms. KLO- partisan basis, the War Powers Resolu- power—and I would argue the duty—to BUCHAR), the Senator from Vermont tion that is currently pending before do both of those things. The problem (Mr. SANDERS), and the Senator from this body.

VerDate Sep 11 2014 02:08 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.020 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1013 I want to come to the floor today to of course, now we are finding out that Iran on elements of Lebanese politics. raise three issues for my colleagues— they actually didn’t miss. At first, the Instead of taking advantage of that and I will try to do it briefly—sur- administration reported no injuries. moment, the United States decided rounding the President’s decision to Then, it was a few. Then, it was dozens. that it was going to cut off aid to the use force against Iran and what the im- Now the injury report is over 100. army that was protecting the pro- plications are for us, both as a body Thank God that nobody was killed. testers. The combination of that mis- and as a nation. But let’s be clear. Iran fired rockets take and then the assassination of Gen- First, when we are talking about the that injured over 100 American sol- eral Soleimani allowed Iran to upend topic, I just think it is always impor- diers, and we didn’t respond at all. I am the momentum that was running tant to level set. I think it is impor- glad we chose a path of military dees- against Tehran inside Lebanon. tant for us to realize how much Presi- calation, but nobody in this adminis- Now guess what we have in Lebanon. dent Trump has thrown away. tration and none of their allies in Con- We have a Hezbollah government in This is a President who is running a gress can pretend that we ‘‘restored de- Lebanon. Instead of getting a citizen- master class right now on creating cri- terrence.’’ focused technocratic government, we ses that didn’t exist before he started Second, it is important to note that have an Iranian-aligned Hezbollah gov- flailing away in the china shop, and Iran is retaliating. They are retaliating ernment in Lebanon. then this President claims we all have all over the region. In Iraq they are Iran is fighting back. They are esca- to get together behind his efforts to stronger than ever before. They have a lating. They may not be shooting mis- clean up the mess that he and his ad- new Prime Minister-designate who is siles at American military bases, but ministration largely created. incredibly close to Iran. They managed they are gaining ground. They are tak- Let’s just remember where we were to get a vote in Parliament—non- ing provocative actions throughout the with Iran when President Trump came binding, admittedly—to kick all Amer- region. into office. When President Trump ar- ican soldiers out of that country. We It is really important for us to under- rived in the Oval Office, Iran had are still in the middle of a negotiation stand that. It is really important for us stopped their quest for nuclear weap- to try to keep some American military to understand how we are losing ons capabilities. They were compliant presence there to fight ISIS, but Iran ground in places like Iraq and Yemen with an intrusive inspections regime to has used this opportunity to get more and Lebanon and how much stronger make sure they didn’t cheat on that and more embedded in the Iraqi infra- Iran is getting as a direct consequence agreement. Iranian-backed militias structure. And the protests—the anti- of the action that was taken without had stopped firing rockets at U.S. per- Iran protests that were happening in congressional authorization. sonnel in Iraq. In fact, those militias Iraq—are no longer making headlines My third and last point is this. Even were actively working on a U.S.-led because many of those elements are if we pass this War Powers Resolution, project—the eradication of ISIS. now lined up against the United States this President is still going to main- President Obama had unified the en- instead of against Iran. tain that he has a Mack truck-sized tire world against Iran. Even Russia Remember, Soleimani was working loophole through which he can run and China were working side by side every single day to try to get American military action overseas without com- with the United States to constrict troops out of Iraq, and it may be that ing to Congress. Iran’s nuclear program. And with the he gets closer in death to his goal than As for the President’s article II au- nuclear agreement secured, this global he did while he was alive. thority, he has it. I am not denying coalition had essentially been teed up In Yemen, Iran is fighting back. It is that the President doesn’t have con- for President Trump, to be used to hard to see into the relationship be- stitutional authority to protect Amer- make new progress to pressure Iran on tween the Houthis and the Iranians, ica prior to a congressional authoriza- a next set of concessions, on their bal- but the Houthis are acting out in pro- tion, but the President’s article II au- listic missile program and their sup- vocative ways that are fundamentally thority has morphed over time into a port for terrorist proxies across the re- different today than they were prior to monster, and Congress needs to do gion. the death of Soleimani. They are re- more than just pass War Powers Reso- But President Trump threw this all stricting humanitarian aid. They are lutions to contain this Godzilla. away. And now, despite the sanctions launching attacks against civilian For years, Presidents of both parties that he has imposed on them unilater- sites. We don’t know that the Houthis have stretched executive war-making ally, Iran is more powerful than ever. are undertaking these actions because power too far. I have been on this floor We went from a construct in which we of orders from Iran, but it is likely criticizing a Democratic President— had the United States, Europe, China, that it is not coincidental that the President Obama—who I argued should and Russia aligned against Iran to a Houthis’ increase in activity in Yemen, have come to Congress for authoriza- moment today where, on many issues, further destabilizing a country that is tion for airstrikes against Libya and it is Iran, the European Union, China, really important to the United States, should have come to Congress to ask and Russia aligned against the United is happening at the very moment that for authorization before launching an States. Iran is looking for ways to get back at offensive against ISIS, or waging drone How much ground have we lost? This the United States for the Soleimani wars in Yemen and Pakistan. But town tends to view power only through strike. President Trump has taken this abuse a military prism. So we have kind of Remember, ISIS and al-Qaida are in- to new levels, and the threat of falling lost sight of Iran’s provocative actions side Yemen. The wing of al-Qaida that into a new war with Iran, based on because, since the strike in Iraq has the clearest designs against the whispers of intelligence and without against our troops, we haven’t had United States takes advantage of the any authorization from Congress, is a front-page headlines about what Iran is chaos inside Yemen to recruit, to grow, real possibility that we have to take doing. and to expand their territory. So as the seriously in this body. Let’s talk about that strike for a mo- Houthis are further destabilizing In fact, I listened to an administra- ment, because we need to make it clear Yemen, the enemies of the United tion official this week make the case that, contrary to the administration’s States are potentially getting stronger. that the President was actually au- assertions, the Soleimani strike did Iran is, once again, back on the march thorized to kill Soleimani because the not deter Iran at all. They levied a bar- inside Yemen. IRGC, the military group that he led, rage of rockets at our forces in Iraq Then, in Lebanon we had this mo- was listed by the administration as a that were designed to kill. Some sug- ment in which there were protests on terrorist organization. gested that night, or the next day, that the streets that were demanding a Leb- I know that many of my colleagues maybe their attack was calibrated to anese Government free of corruption have heard the administration make sustain minimal damage. Now we know and free of Iranian influence. We were elements of this argument as well. that is not the case. In fact, it was cali- this close to getting a technocratic That is a ridiculous argument that brated to try to wipe out over 100 government in Lebanon that might— fails on its face. Remember, the admin- American soldiers. They missed. But, that might—finally break the grip of istration, not Congress, designates who

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We need a diplomatic channel, ei- proposition, but the administration is lyst doubts there will be a future Ira- ther directly or through third parties, apparently making it. nian violent reaction to the death of to avoid miscalculation on either side So what I am saying is that we need Soleimani and continued pressure by that could lead to military conflict. to be looking toward the reform of the the United States. Such efforts in Iraq, however, have war powers process more broadly. The This temporary calm is the result of been made all the more difficult be- overreach of multiple administrations several factors. First, Soleimani’s cause of our reduced diplomatic pres- proves the need for an enforcement death has caused a disruption in the ence in Baghdad. Indeed, according to mechanism for Congress and, more spe- command and control of the IRGC Quds the inspector general for Operation In- cifically, definitions around the cir- Force. He is not irreplaceable, but he is herent Resolve, the State Department cumstances in which a President can very difficult to replace. Second, Iran’s has indicated that—in his words—‘‘the use force before coming to Congress—a principle objective in Iraq is to expel ordered departure . . . has affected all new War Powers Act. It should sunset the United States, to get them to leave operations of Mission Iraq, and has the existing authorizations of military Iraq. limited the Mission’s ability to help force and force us to come back to the The killing of Soleimani has given Iraq become a more resilient, inde- table and write new authorizations for Iran political leverage it did not imag- pendent, democratic country, and to the military engagements that we still ine, and violence at this time could dis- support counter-ISIS efforts.’’ need to be in overseas, and it should sipate that advantage, especially as Unfortunately, the situation at the create templates for new authoriza- Iraqi political leadership remains in U.S. Embassy in Iraq is indicative of tions of military force that include rea- flux. Finally, the tragic downing of the our country’s entire diplomatic struc- sonable sunset provisions on those new Ukrainian airliner swiftly reversed an ture, which has been hollowed out and AUMFs and protections to make sure outpouring of nationalistic ardor in hampered at every turn. I am particu- larly concerned that Secretary Pompeo that those authorizations don’t get Iran, with renewed criticism of the has not assumed the traditional role of stretched to cover groups and geo- Ayatollah. Again, Iranian violence in the Secretary of State in advocating graphic areas that were never con- Iraq or elsewhere at this time could ex- for diplomatic options but, instead, has templated by the legislators who draft- acerbate internal opposition. ed the initial authorizations. The Iranians are likely to continue been the loudest voice in the adminis- For many folks, it feels all too famil- to act via proxies. For example, Ira- tration for violence and confrontation. iar to be down here today having this nian-backed Shia militia in Iraq have Weaponizing diplomacy as the first step, rather than the last, is a sure argument over the President’s military signaled their intent to avenge the path to diplomatic failure. escalation with Iran. We are talking death of Popular Mobilization Forces War with Iran is not inevitable, but about manipulated intelligence, a Deputy Commander Muhandis, who drumbeat of war. We are listening to the risk that we stumble into conflict was killed along with Soleimani. because of the President’s misguided the administration and its advocates Our national security interests re- policies has never been higher. As dic- bully Congress and the American peo- lated to Iran, Iraq, and the counter- tated by the Constitution, the decision ple into avoiding this debate—the sug- ISIS campaign are on a negative tra- to take the Nation to war rests solely gestion that, by questioning U.S. mili- jectory because of the administration’s with the Congress. The Kaine resolu- tary objectives overseas, we are some- policies and the impulsive decision tion is an important step in preserving how hurting the troops. making we have seen. Since coming the constitutional role of Congress in It all brings back these flashbacks of into office, the Trump administration the disastrous path to war in Iraq. This matters of national security. has waged a maximum pressure cam- Some have argued that Congress vote is essential, in my mind, so that paign against Iran that has included we warn ourselves against going back should not debate the issues of hos- crippling sanctions, the unilateral down that wretched path again. So, tilities with Iran. They claim that withdrawal from the Iran nuclear deal, yes, let’s pass this resolution, but we questioning the President’s policies and now the killing of Soleimani. means one is not an opponent of the can’t stop there. Congress needs to do Secretary Pompeo and the President our job to reform the war powers sys- Iranian regime. I wholeheartedly dis- have stated that the goal of this cam- agree. Before being sent to war, our tem so that this President and future paign is allegedly to bring Iran to the Presidents of both parties respect both troops deserve to know that the Nation negotiating table, but it instead has Congress’s role and the deepest respon- has determined the objectives of the had the opposite effect of driving Iran sibility that we all have to the Amer- armed conflict to be valid and worthy so far into a corner that it now sees lit- ican people when we make a decision to of their potential sacrifice. Our mili- tle downside to escalating and direct go to war. tary men and women deserve to know I yield the floor. conflict with our country. In addition, that they have a clear mission and that The PRESIDING OFFICER. The Sen- the ripple effect of the so-called max- they have the full backing of not only ator from Rhode Island. imum pressure campaign has resulted the Congress but also the American Mr. REED. Mr. President, I rise in the following: the disruption of people whom we represent. today to discuss my concerns with re- counterterrorism operations in Syria The administration not only owes spect to Iran and to express my support and Iraq to defeat ISIS; the direction the American people a transparent ex- for the Kaine resolution, of which I am from the Iraqi Parliament to remove planation for escalating conflict with a cosponsor. U.S. troops from Iraq; the resumption Iran but also a credible strategy to No American mourns the death of of Iran’s nuclear program; and the conclude hostilities, if they occur, and Iranian General Qasem Soleimani, and growing diplomatic distance of the ensure an enduring peace. As we have my thoughts remain with the service- United States from our traditional al- painfully experienced in Iraq and Af- members who were injured by Iran’s re- lies and partners. That is not what ghanistan over much of the last two taliatory ballistic missile attacks in anyone would call a win. It should be decades, securing the peace is no easy Iraq. The President was wrong to di- clear to all that these policies are not task. minish their wounds by referring to working. I am also deeply troubled by the them as ‘‘headaches.’’ Traumatic brain The administration continues to let evolving and, at times, contradictory injuries are serious, and the Presi- events in the region dictate our re- justifications offered by the adminis- dent’s comments undermine efforts to sponse rather than proactively and tration for the killing of Soleimani. educate our military personnel about strategically shaping them, in collabo- Even in a highly classified briefing to their potentially lasting consequences. ration with our allies and partners, in Senators following the strike on Unfortunately, the President still does a way that benefits U.S. national secu- Soleimani, the administration failed to not seem to grasp that his words and rity and foreign policy objectives. We provide relevant details. There is sim- actions have real consequences. should take the opportunity now to ply no justification for refusing to

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Determining imminence requires ment of nearly 20,000 U.S. troops to the Missouri and Kansas and Arkansas and a careful and thorough analysis of both region in the last year, disrupted our other places, people look at this and the immediate intent and the imme- operations against ISIS, and made they think: If I am willing to be an diate capabilities of the enemy. The Americans less safe. organ donor, then people I know—peo- administration has not provided a suf- The administration’s ill-conceived ple whom my kids go to church with, ficient response to the Senate on either approach has not worked, and the time go to school with, people we go to point. has come to try real and sustained di- church with, people we see in the gro- The President has repeatedly dem- plomacy rather than relying on blind cery store—have a better chance, if onstrated a willingness not just to faith in the power of coercion. I urge they have that crisis in their life, to bend the facts but to indulge in out- the President to change course and en- benefit from it than others do. right fabrications. This behavior is par- gage with our allies and partners with On February 4, a new policy went ticularly concerning and unacceptable the goal of seeking a diplomatic solu- into effect that will take livers that when it may result in the deployment tion to the current situation imme- were specifically donated by Missou- of troops into harm’s way. Congress diately. rians and allocate them to other parts has a responsibility to demand and, if I yield the floor. of the country. You will no longer necessary, challenge the basis for as- I suggest the absence of a quorum. know, if you are an organ donor, that sertions that could be used to take this The PRESIDING OFFICER (Mr. COT- the people who live closest to you have country to war. TON). The clerk will call the roll. the greatest chance of getting that We must not repeat the mistakes The legislative clerk proceeded to organ that you have been willing to do- that led us to war in Iraq in 2003. I call the roll. nate. The change in liver allocation voted against that conflict, in part be- Mr. BLUNT. Mr. President, I ask means that roughly 32 percent fewer cause I believed it was an unnecessary unanimous consent that the order for liver transplants will happen in Mis- war of choice and the Bush administra- the quorum call be rescinded. souri than will happen otherwise. tion had not provided the American The PRESIDING OFFICER. Without Senator MORAN is joining me here on people with a sober assessment of the objection, it is so ordered. the floor. We have both talked about likely costs or the nature of the threat. ORGAN ALLOCATION SYSTEM this a lot. We had the group come into Going to war in Iraq took our focus Mr. BLUNT. Mr. President, Missou- our offices. They are supposed to be off the priority effort to defeat al- rians and many of our closest neigh- making this system work. In Missouri, Qaida and consolidate gains in Afghan- bors waiting for the life-changing mo- we have six transplant centers. We cur- istan, a decision that has contributed ment that happens when you have a rently have 109 people on the trans- to our inability to secure the country liver transplant now have to have one plant list—10 of them are younger than in the years since. Once again, we are more hurdle in the process that they 18 years old—and they simply will not risking an avoidable conflict in the have to go through to make that hap- have as good an opportunity or likeli- Middle East at the expense of our ef- pen. There is a new, and I think ter- hood to have a transplanted, lifesaving forts to ensure the enduring defeat of ribly flawed, organ allocation policy. liver than they would have had before. ISIS and to place increased emphasis Senator MORAN and I have really led It is not just Missourians who suffer. on the great power competition with an effort to slow this down. We have As much as 40 percent of the country China and Russia, in line with the Na- both been the chairman of the Health will see a decrease in what was avail- tional Defense Strategy. and Human Services Appropriations able to them. In my view, this was not Conflict with Iran is not a hypo- Committee. We understand how that decided by transplant experts. Most of thetical proposition given the steadily agency is supposed to work and how them have talked to us, in fact, about escalating cycle of violence we have some of these healthcare issues are their concerns about having to trans- witnessed over the past 2 years, which supposed to be handled. port—in this case again, livers—longer has ultimately led to the outbreak of Frankly, I don’t think either one of distances, having to take more time conventional military action between us think this one has been handled in and expense to get that organ than the United States and Iran involving the right way. With the policy we see they would otherwise. the killing of Soleimani and Iran’s re- today, nearly half the country is dis- It was decided by what appears to be taliatory ballistic missile strikes in advantaged by a new policy that has an unaccountable government con- Iraq. been put in place. tractor—at least unaccountable to us. Iran has also announced that it will It used to be that when someone do- We have talked to them about this. We no longer comply with constraints nated a liver, those organs were have been trying to make a case that placed on its nuclear program by the matched with the transplant can- makes sense and trying to make them Joint Comprehensive Plan of Action, or didates, first at the local level, then re- not rush through this, but they did. the JCPOA, likely resulting in a reduc- gionally, and finally at the national The contractor in this case serves as tion of the so-called ‘‘breakout’’ level. It is my belief, and I think Sen- the administrator of the organ alloca- timeline for Iran to produce enough ator MORAN’s belief, that when you tion system and is the determiner of fissile material for a nuclear weapon. know your neighbors are going to ben- who gets the organ. It seems to me Meanwhile, President Trump has de- efit from that decision, you are more that there is a conflict there. Contrac- clared repeatedly that he will not allow likely to make the decision that you tors held a contract for nearly 35 years. Iran to acquire such a weapon. Absent want to be part of that organ donor Again, it seems to me that competition capitulation by Iran or a change in community. In the neighborhood where might be a good thing here. course by the administration, the we live and where the Presiding Officer This policy became a policy without President appears to be creating a situ- lives, I think people have approached due process, without transparency, and ation wherein his only option is mili- this in a pretty dynamic way, wanting I think without fully evaluating the tary action when it comes to pre- to be part of that. consequences. I think it was rushed. In venting Iran from acquiring a nuclear In Missouri, 17 percent of people are fact, even the Department of Health weapon. However, we have received no organ donors or at least willing to be and Human Services—I will mention assurances that this administration organ donors. Other States in the Mid- again, Senator MORAN and I have would consult with Congress and seek west and the South and, frankly, the chaired their appropriating committee, authorization in advance if it believed rural parts of the country just simply and we shared our concerns on this. it needed to take such military action. have the highest donation rates of peo- They failed to fully exercise the au- Congress cannot stand idly by as the ple who are willing to be an organ thority they had. President careens toward possible con- donor. That is not the case everywhere. I turn to Senator MORAN now. I think flict. In New York, for example, 32 percent of we can do that based on how we asked

VerDate Sep 11 2014 02:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.026 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1016 CONGRESSIONAL RECORD — SENATE February 12, 2020 for this time. I join him as he talks policy was pushed forward. I spoke in best interest. This was a necessary pol- about his concerns and my concerns. 2018. We are still here today. The lack icy reform that took years of consider- We had people come to us and talk of interest and concern exhibited by ation that would benefit the entire about this and how important it is. I those involved in this process is appall- country, based on compromise by am glad to join him on the floor today. ing to me. I stand here today because transplant experts, patients, and im- I am disappointed for people in both of the outright refusal of the Secretary portant stakeholders. of our States and in our part of the of Health and Human Services to halt That policy was abandoned. We were country, really, who are going to be the implementation of this damaging assured when it was abandoned by disadvantaged by this new policy, and unfair health policy that has not OPTN and Health Resources—or where significant donors where we live withstood examination by either med- HRSA—that public comments would be are going to be having their donations ical experts or our Nation’s judicial considered. That policy that took years sent to States where people simply system. In fact, the U.S. district court to develop and involved the valuation don’t sign up to be part of this process. has been forced to place multiple in- of experts and a give-and-take in a If they did, there would have been no junctions on the implementation of process was overturned so easily. We interest in changing the other system. this policy last year as HHS tried to were promised we would have the op- The PRESIDING OFFICER. The Sen- force this policy upon patients across portunity for those who have concerns ator from Kansas. the Nation, despite a lawsuit from a about this policy to have input, and Mr. MORAN. Mr. President, I rise to collection of our Nation’s best trans- the reality of that fact is that was a support the remarks of my colleague plant centers. lie. It was not true. from Missouri, Senator BLUNT. I thank The organizations that are fully en- Many concerns made by patients, by him for his leadership. He is in an im- gaged in opposing this process are the transplant centers, by surgeons were portant position as the chairperson of people who transplant the organs to never considered in OPTN’s rushed the Health, Education, and Labor Ap- those who are in desperate need of it. process to finalize the policy. The rea- propriations Subcommittee, which is They are the experts—the surgeons, sons they were not considered was be- responsible for appropriating funds to the transplant centers in universities cause of the overwhelming negative re- the Department of Health and Human and hospitals across a wide swath of sponse that caused the entire comment Services. I serve on that subcommittee the country. HHS has ignored the ini- system to completely shut down. Peo- with him. He is a leader in so many tial injunction order and began to im- ple across the country commented on ways. plement this harmful policy. They had it with such frequency that the ability I am so pleased that we are allies in for the telephone system to log the this issue of life and death for Kansans to seek a second injunction in order input crashed. Of course, did OPTN and Missourians. To my colleagues on force the injunction to be upheld. In wait until they could get those com- the Senate floor, it is really a life-and- explaining the court order, this district ments and consider them? No, they death issue for many of your constitu- judge in the district of Georgia de- made the decision without that input. ents across the country but particu- scribed the policy as ‘‘difficult and In fact, the president of OPTN has in- larly in rural areas, in the Midwest, wrenching,’’ ‘‘creating profound issues and in the South. and institutional disruption’’ and con- formed many commenters in the trans- The decisions that are being made cluded that this policy will undoubt- plant community that their concerns have huge consequences that will affect edly cause harm to patients, particu- over the new policy were not even read families, individuals, and their lives larly those in rural areas. by the board that approved the policy. today and for years to come. I express There is also mounting evidence that So the many transplant hospitals, my concerns and my deeply held belief the United Network for Organ Sharing surgeons, and medical professionals that the Department of Health and and its CEO have acted in callous dis- who had deep concerns and took time Human Services is failing to do its job. regard for rural areas in the Midwest out of their busy days to express them Their harmful actions will damage the and South throughout the development were never heard. They were ignored. liver allocation policy in this country of this policy. These are the same areas These are the people who are tasked in the way I just described. that have the highest donation rates with saving lives through the trans- The policy discussion we are having and play an enormous role in the life- plants they perform each and every here today is important. It is impor- saving transplant system. The people day. Yet their opinions were essen- tant any day, but it is relevant since who live there are the ones who are tially deemed invalid. It appears that National Donor Day is this Friday, being harmed. HRSA’s and OPTN’s making policy in February 14. Those who are crafting and imple- such a reckless fashion has become the I want to take a moment to thank menting this system continually dis- normal state of affairs. those across Kansas and Missouri and regard the evidence that shows these Despite the continual efforts by Sen- around the country who have donated areas are already suffering under the ator BLUNT and me to get Secretary their organs to give that gift of life. suffocating weight of HHS’s new pol- Azar to review, to modify, to consider, Senator BLUNT is right. I think there is icy. As I said before, this policy tosses to reconsider, or to put on hold this a tendency on the part of people to do- aside all public concerns from patients, policy, we have had no success. Addi- nate an organ knowing that some- transplant surgeons, and hospitals on tional oversight is desperately needed body—maybe they don’t necessarily best practices to improve the avail- to restore some semblance of common know them, but somebody who might ability of organs across the Nation. sense in the actions and policies that live down the street or live in the same There is no reason to have a regional are being taken and deployed. community or live in the same State. fight. There are ways to do this that I am deeply disappointed in the ac- There is a sense of community across benefit all regions of the country. tions by Secretary Azar, HRSA, OPTN, this country that is being destroyed. It also carries the risk of decreasing and UNOS. This process has been The end result of that is there will be those organ donations that will then flawed from start to finish, guided by fewer donors donating organs for the damage everyone. This limits avail- not what is best for the country but lives of others. ability and access to donated organs how best to sidestep a specific, single These changes to the United Network and damages the ability for major lawsuit. Organ procurement and alloca- for Organ Sharing’s distribution policy transplant hospitals—in the case of tion policy is too important to be de- will redistribute the organs from Kansas, the University of Kansas Hos- cided in this fashion. States and regions that have high pital—to perform these services for pa- Secretary Azar, the University of organ donor rates to areas that have tients. Kansas Health System typically per- historically underperformed. This re- This is particularly frustrating be- forms 8 to 10 liver transplants per sults in patients in Kansas and those in cause dating back to December 2017, month. Since this policy has been im- the Midwest and Southern States to the board of the Organ Procurement plemented under your administration, wait a much longer time for the organ. and Transplant Network has approved it has performed zero transplants. This I have spoken on this topic on the an equitable liver allocation process is as a direct result of the policy. At Senate floor before, as this destructive that served the entire community’s KU Hospital, current estimates are

VerDate Sep 11 2014 02:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.027 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1017 that it may take up to 6 months before oners were there, and the planes were anybody who knows helicopters knows it is able to provide another one of there. Our prisoners, who were released that the easiest thing to do is to fly these lifesaving donation organ oper- from North Vietnamese custody on them forward. It is harder to hover the ations. Meanwhile, those on the trans- that day—this one will look familiar to helicopter than it is to fly it forward, plant list in Kansas watch their wait many of us here; he was our colleague and it is harder to hover a helicopter times grow, and their hope begins to John McCain—climbed aboard their near the ground, because of the vari- dwindle. aircraft and went to the Philippines for ations in the ground effect, than it is This is really a lot about hope, and it medical treatment. to hover it up high. What is very hard, is about saving lives, but if you are on Down at Tan Son Nhut Airport, in which shows a mastery of helicopter pi- a list that continually grows longer Saigon, things were a little bit dif- loting, is to be able to hover low above while you are waiting for that organ, ferent. Huey helicopters had been sent the ground in traffic, with other heli- what a depressing, discouraging cir- off to the rally point at Loc Ninh, copters around that are beating the air cumstance for you and your family. where our helicopters were to pick up and making it difficult to stay in place. Secretary Azar’s policy is causing di- 27 American prisoners of war who had So here came these helicopters. They rect harm to the people of my State. It been held by the Vietcong, and that did lined up, one behind the other, at a is time that he steps up and takes re- not go smoothly. The helicopters took hover—maybe 4 or 5 feet off the sponsibility for the actions of his De- off. The military aircraft, with their ground. You could hear the whine of hospital insignia, were waiting at Tan partment, which are causing real harm the engines, and you could hear the Son Nhut for our soldiers and Foreign to patients. beating of the rotors. The air was all Service officers to come out. Actually, These transplant hospitals from kicked up by the wind that they had the longest held POW in the group who across Missouri and Kansas and else- put up, but those pilots held that posi- was going out to the Tan Son Nhut Air- where have written the President and tion. port was a Foreign Service officer who Secretary Azar within the last 2 weeks I have never spoken to any of those had been held for more than 7 years. and have asked for a halt in the policy pilots, but I took it as their last salute They were all waiting and waiting and until we have had time to let a judge to their prisoner-of-war friends as they waiting and waiting, and there were decide the issues in the court case and brought them out to freedom and, ulti- disagreements and uncertainties and also to make sure that we ultimately mately, home. This was their way they suspicions. So the day on which the get it right. could show their skills and salute these I call on Secretary Azar to halt the POWs were supposed to return and go to Tan Son Nhut wore into evening and men who were coming home. implementation of this disastrous pol- Then all at once—it must have been icy and save lives from being unneces- then into night. While everybody was waiting, there by a signal on the radio—all of the hel- sarily lost. icopters—and I remember maybe 8 or 10 Again, I thank my colleague from were some dignitaries there. This was the U.S. Ambassador to Vietnam at the of them—settled down at once to the just across the State line, from the time, Ambassador Ellsworth Bunker. landing. All of the skids hit the pave- home of the Kansas City Chiefs, for his This was the Deputy Ambassador. This ment. They all wobbled a little bit and support in this effort. He has a voice was the first time a U.S. Embassy had then settled. The engines kept roaring that has to be heard and that will be two Ambassador rank officials. It was for a minute. Then, on another signal, heard, and I am pleased to be allied because the operation was so big in all of the engines shut off. You could with him in his concern for the pa- Vietnam. The Deputy Ambassador was hear them wind down, and you could tients in my State and for the patients a guy named Charles Sheldon White- hear the blades slow down, and you in his own. house, who was my father. Because he could hear the quiet fall over the Tan I yield to the Senator from Missouri. was there and because I was visiting— Son Nhut airfield. Mr. BLUNT. Mr. President, this pol- one of a very small group of dependents Out of those helicopters came these icy is shortsighted and wrong, and it who was in Vietnam at the time—I was spectral men—these pale, undernour- was rushed to its implementation. there. I was on the field at Tan Son ished, often ill men. One had to be car- There was no reason for any of those Nhut during that long day as we waited ried out on a stretcher. One of them things to happen. for the prisoners to come out and as we was photographed while greeting Am- I yield the floor. bassador Bunker. How glad he must The PRESIDING OFFICER. The Sen- tried to get intel on what was holding things up, on why the helicopters were have been to have seen a U.S. Ambas- ator from Rhode Island. not bringing them back. sador. I don’t know that there has been OPERATION HOMECOMING The day became night, and they any time in the history of the U.S. For- Mr. WHITEHOUSE. Mr. President, it brought out huge klieg lights that lit eign Service when anyone has been is February 12, and I am here to re- up the field. I can still remember the more happy to see a U.S. Ambassador mark on an anniversary and tell a bright insects flying around in front of than these men who came off those hel- story. It is quite appropriate that Sen- the lights, against the dark sky, in the icopters were to see our Ambassador of ator LEAHY should be here on the floor hot night, on the hot tarmac of the air- Vietnam and to know that they were with me because he is a great friend of port. We waited and we waited and we on their way home. With Ambassador Vietnam and has done great work in waited, and we did not know when this Bunker and my father was also Fred the U.S.-Vietnam relationship. We are was going to happen or what had gone Weyand, who was the MACV com- about to be joined by Senator CARPER, wrong. mander—the overall commander—of who flew as a Navy pilot in Vietnam. Then, late into the night, we finally U.S. Forces. This story goes back to February 12, heard the familiar ‘‘toka, toka, toka, One of the legendary Vietnam report- 1973. February 12, 1973, was the day toka’’ coming—the sound of the heli- ers, named Fox Butterfield, wrote that our POWs were freed in Vietnam. copters—which every person who spent about this evening in a story in the I told this story to DAN SULLIVAN when time in Vietnam during that conflict New York Times, and he closed out the we were having dinner together a few remembers very, very well. Pretty story in this way: months ago. He said: SHELDON, you soon, they came close enough that you After the freed men had boarded the plane should tell that story on the Senate couldn’t just hear them—you could see for the flight to Clark [Air Force Base], Gen- floor and put it in the Senate RECORD. them. You could see the red belly eral Weyand put his arm around Gen. John So, at DAN’s suggestion, I am here lights flashing on the helicopters. What Vogt, the commander of the Seventh Air today. happened is something that I will re- Force. They stood looking at the [departing What happened on February 12, 1973? member always. Obviously, after many hospital] plane. Two things happened. The first was years like this, memories can fade a ‘‘It’s the greatest day we’ve ever had that the prisoners being held in North little, but I think I have this right be- in Vietnam,’’ General Weyand said. Vietnam were released at the Hanoi cause it struck me very much at the I had the chance to share that day. I Airport and were delivered into U.S. time. had the chance to see what those re- custody, and that went quite smoothly. The helicopters came in, and they markable helicopter pilots did in that The North was organized, for the pris- hovered in a row over the airfield. Now, final salute to their colleagues.

VerDate Sep 11 2014 02:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.029 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1018 CONGRESSIONAL RECORD — SENATE February 12, 2020 I thank DAN SULLIVAN for urging me war. It has permitted the bles were turned and they were the tar- to come to the floor and tell that story misapplication of open-ended and out- gets of such despicable, ad hominem on this February 12 anniversary of dated authorizations for the use of attacks. their freedom. military force. Under the Constitution, it is our job, I yield the floor. The result is endless wars the Amer- it is our responsibility to debate and The PRESIDING OFFICER. The Sen- ican people don’t support, at a cost of vote, especially if it involves war and ator from Vermont. thousands of American lives lost and peace and the lives of our servicemen Mr. LEAHY. Mr. President, while the trillions of dollars spent that could and women and their families. distinguished Senator from Rhode Is- have been far better used fixing prob- I would make a suggestion to the land is still on the floor I recall that, lems here in our own country. President and to members of his Cabi- just within the last year, I had the No one denies any President’s right net: Read the Constitution. And I privilege of being on the lawn of our to act in self-defense, to respond to an would say to those in this body who too former Embassy in Saigon. I stood imminent threat if reliable intelligence often ignore what the Constitution there with other Senators, Republicans shows that such a threat exists. But says: Read the Constitution. Think of and Democrats, and with officials from neither is it credible to rely on an au- the lives lost, the many more griev- the State Department, and I was mes- thorization for the use of force to re- ously wounded, the families destroyed, merized as Senator WHITEHOUSE re- move Saddam Hussein—an authoriza- the millions of innocent people forced counted what he had observed there a tion that was based on lies by the to flee the carnage, and the huge lifetime ago. White House about nonexistent weap- amount of tax dollars wasted because I think every one of us had the same ons of mass destruction—to justify at- of that fateful vote in 2002. A vote reaction. We stood there and looked tacks against Iran nearly two decades based on false pretenses. A vote that around. We could feel the helicopters, later. made the world less safe. We can’t af- we could hear the helicopters, but of Not a single Member of this body who ford to repeat that unforgiveable mis- course we didn’t see them. Mostly, I voted for that use of force in 2002—and take. saw the face of my dear friend, the Sen- I did not because I had read the intel- This resolution, of which I am a co- ator from Rhode Island, and heard ligence and knew the stories coming sponsor, ensures that debate will hap- what he said. What he was saying ulti- from the White House were not true. pen, and that we will have another mately showed his pride in being an Not a single Member, though, who chance to exercise our authority under American. voted for that use of force can honestly article I of the Constitution and do I thank Senator WHITEHOUSE for re- say they could have imagined or in- what is right. counting that again. tended that authorization for the use I yield the floor. S.J. RES. 68 of force in Iraq would be used to justify The PRESIDING OFFICER. The Sen- Mr. President, on another subject, armed hostilities against Iran so many ator from Delaware. last month the United States and Iran years later. VIETNAM came frighteningly close to war. If any A few weeks ago, a top administra- Mr. CARPER. Mr. President, our Pre- of Iran’s missiles had killed American tion official said it would be a mistake siding Officer, if I am not mistaken, is soldiers at those military bases in Iraq, for the Senate to even have a debate a veteran himself—I want to say Army. President Trump would have reacted about the President’s war powers. He Navy salutes Army. Different uniform, very differently and, most likely, with- said it would embolden Iran’s leaders if same team. out consulting Congress. they saw that there are differences of I want to express my thanks to Sen- Rather than the self-congratulatory opinion among us. Has he ever read a ator WHITEHOUSE for his comments re- statements by the President who de- history book? Has he ever read our lating to the Vietnam war. I stand be- picted the brazen, ballistic missile at- Constitution? He said it would be fore you as the last Vietnam veteran tacks against our bases that failed to wrong for us to disagree on an issue as serving in the U.S. Senate, with the kill any of our troops stationed there a consequential as attacking another death of John McCain. victory, we could be in the midst of a country, as though in the United I had the privilege of leading a bipar- calamity spiraling out of control. States we should simply serve as a rub- tisan congressional delegation—three Obviously, I think of the soldiers who ber stamp for the President. Democrats, three Republicans—back to have brain injuries from the attack, in- That is so beneath the United States Southeast Asia to try to find out what juries that the President dismissed as of America. That is so beneath our happened to our MIAs in 1991—Viet- minor headaches. Well, those who have Constitution. It is so beneath the nam, Cambodia, Laos. One of the peo- actually served in the military and democratic principles we believe in, to ple with me in that delegation—amaz- were not able to get deferments from be told by a top administration official ing meetings we had with the brandnew serving know that an attack like that that we shouldn’t even debate an issue leader of Vietnam, a Gorbachev-like can produce lasting injuries. like this. As others have said, includ- character with whom we met during This is the nightmare scenario we ing Senators in the President’s party, that visit. We carried with us to South- have to avoid. We have been on a path that is an insult, it is dangerous, and it east Asia on that trip a roadmap to to war with Iran ever since President belies a fundamental lack of under- normalize relations between the United Trump recklessly abandoned the Iran standing of Congress’s role in this de- States and Vietnam. Vietnam by that nuclear agreement, with no credible al- mocracy. time was not North Vietnam, South ternative strategy. There was nothing Others, including the President, have Vietnam. Out of our meetings, we to replace it. falsely accused Democrats of sympa- started something that went really Today, while the White House insists thizing with Mr. Soleimani or even well and led to normalizing relations. there is no need for the resolution we with the Ayatollah, both of whom are John McCain worked it here and John are debating because the danger is be- responsible for heinous crimes. That Kerry worked it here in the Senate. A hind us, the possibility of war with kind of baseless, partisan slander and bipartisan codel worked it in the Iran remains very real. As we saw only fearmongering is what we have come to House. a month ago, we could again find our- expect from this White House, but it One of the members in the codel was selves on the brink of war with Iran at belittles the Office of the Presidency, a former POW—was Air Force, shot any time. as does a statement from a top official down over Vietnam, POW for 5 or 6 For too long, this President and pre- that we should not discuss our dis- years—named Pete Peterson. He was a vious Presidents have sent U.S. forces agreements. longtime friend and still is my friend. into hostilities without obtaining the But too many of our friends in the He became the first U.S. Ambassador consent of Congress, and the Congress other party—unlike the way the Sen- to a united Vietnam all those years has been a willing party. The Congress ate used to be—have remained mute. ago. has abdicated its constitutional re- By saying nothing, they condone such I know every time I run down to the sponsibility as the sole branch of gov- reprehensible behavior. One can only Lincoln Memorial and I run back to ernment with the authority to declare wonder how they would react if the ta- the Capitol, I run past the Vietnam

VerDate Sep 11 2014 02:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.030 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1019 Memorial with the names of 58,000 bushfires, including 3 American fire- We know the EPA already has the brothers and sisters with whom I fighters. Experts initially estimated authority and tools to reduce green- served all those years ago. that 500 million animals died in those house gas emissions, but under the So I want to express my thanks to bushfires. More recently, that was dou- Trump administration, EPA’s policies Senator WHITEHOUSE for raising up our bled to 1 billion animals—1 billion, in 1 have been used to increase harmful colleagues, my brothers and sisters, as country. emissions, not decrease them. Presi- he just did. Meanwhile, our country has been no dent Trump is putting America in the CLEAN ECONOMY ACT OF 2020 stranger to tragedy and devastation slow lane while much of the rest of the Mr. President, I rise today with a caused by wildfires—including fueled world races toward a global clean econ- message to our colleagues and to this by drought and heat—like those that omy. world we inhabit: Climate change has continue to plague the State of Cali- President Trump claims Americans become the greatest threat to our plan- fornia. Scientists tell us that by 2050, must choose between a healthy econ- et. There are others, but this is the we could face wildfire seasons that omy on one side and a healthier planet greatest. burn up to six times more forest area on the other side. In the words of a This image right next to me was de- each year than today. I will say that good friend of mine, that is malarkey— signed by climate scientist Ed Haw- again—wildfire seasons that burn up to or in the words of President Trump, kins. From left to right, these are six times more forest area each year that is—fill in the blank. Come up with called warming stripes. In fact, this than today. whatever you do. work of art is called ‘‘Warming If we do nothing to address carbon Choosing between environmental Stripes.’’ It visualizes our planet’s an- emissions, the extreme weather events progress and economic growth is a false nual average temperature from 1850 we are experiencing now will pale in choice. On the one hand, we do face a over here to 2018 over there, going from comparison to the devastation that lies very real choice, one that was made deep blue to a brilliant orange and red. ahead. clear in the U.N. report released this What this design fails to capture is Last year, some 13 agencies across past December. We either act now on just how menacing these rising tem- the Trump administration released a climate change or we ‘‘face the con- peratures have been and will continue report that predicted that the United sequences of a planet [that has been] to be for our planet and what this States could see climate-related losses radically altered by climate change.’’ means for all of us who inhabit this of up to half a trillion dollars by the I say let’s choose to save our one and planet today and will in the years to end of this century—half a trillion dol- only planet, planet Earth, and I say it lars. come. is time for the United States to once If we do nothing, the effects from cli- Our rising seas are already at the again lead the world in this fight. mate change could slash up to 10 per- highest levels ever recorded. Our Na- The next chart we are going to take cent of our gross domestic product by tion’s leading scientists have warned a look at is something called the Clean the next century—more than double us that if we fail to start seriously re- Economy Act, which we introduced the losses of the great recession. How ducing carbon emissions now, by the yesterday with over 30 cosponsors. I in- much is 10 percent of our GDP? More end of this century, we may well wit- troduced with my colleagues—33 of than double the losses of the great re- them, actually—legislation that will ness sea levels rise another 6 feet. I am cession. 6 feet tall. Another 6 feet of sea level This is something provided to us I put the United States on a path to rise puts a large part of the United think by the United Nations and called achieve net zero emissions by 2050. The States and, frankly, other nations U.N. Warning. In order to avoid the Clean Economy Act heeds the call for around the world underwater—under- most catastrophic impacts of climate bold climate action while fostering water. The east coast and west coast change, the world’s leading scientists economic growth that is fair for every- won’t look like they do today. have warned us that we need to limit one. For America alone, that would result global warming to no more than 1.5 de- The Clean Economy Act empowers in an estimated $3.6 trillion—that is grees Celsius—a 1.5-degree increase in the EPA to use the authorities and trillion with a ‘‘t’’—$3.6 trillion in cu- Celsius, period. To do that, humanity tools already at its disposal to reach mulative damages to our country’s would need to collectively reduce net zero greenhouse gas emissions by coastal properties—think gulf coast, greenhouse gas emissions to net zero no later than midcentury, 2050. This is west coast, east coast, Great Lakes— by the middle of this century. Right the quickest way we can jump-start $3.6 trillion in cumulative damage to now, we are not on track to meet that governmentwide climate action, by our country’s costal properties and in- goal. I wish we were. We are dan- empowering agencies to use the tools frastructure over the next 70 years. gerously close to losing our only shot. they already have. I might add that the Flood Insurance As the latest United Nations annual The Clean Economy Act builds upon Program for our country is, the last ‘‘Emissions Gap Report’’ made clear, successful climate programs in States, time I checked, billions of dollars and collective global efforts to reduce cities, and private companies, and en- maybe tens of billions of dollars under- greenhouse gas emissions are falling sures that economywide climate water, in the red, already. short, and time is running out. change actions continue regardless of While global temperatures warm, ice If we want to avoid the most cata- who sits in the Oval Office. Our legisla- caps melt, and sea levels rise, we also strophic impact of climate change, we tion sets important guardrails to make know that the extreme weather we are need to step up. We need to step up our sure all Americans reap the benefits as witnessing throughout the world is not game. we move our country toward net zero going to get better. It is going to get This is a chart that indicates the emissions. worse. The devastating hurricanes and countries that are not in the Paris ac- Here are just three examples of those typhoons, torrential rains and cata- cord. It looks like—I am looking at all protections. The Clean Economy Act strophic floods, the heat waves and these countries here, and I see only one minimizes costs. First, EPA must drought-fueled wildfires will only be- country, ours, that is in red. Ours is maximize greenhouse gas reductions come more dangerous and more disrup- the only country today that is not in while minimizing costs to consumers tive to our economy and to our lives. the Paris Agreement. and providing regulatory flexibility to Let’s take a look at one of the places The climate crisis is one that can be industry. where that happened just last month. solved only by everyone who shares in Our next floorchart shows that the This is a real picture from Australia. the plan working together as one. That bill prioritizes environmental justice. It is not a movie; it is a real picture. is why nearly 200 nations came to- Under our legislation, the EPA must This is Australia. gether in common cause to implement consider and protect frontline commu- The world watched in horror last the Paris Agreement and why they are nities. We know climate change dis- month as bushfires scorched millions of working together to find solutions to proportionately affects impoverished acres of forest in Australia—an area the climate crisis, but instead of lead- and disadvantaged communities. More the size of my native State of West Vir- ing the world in this fight, America often than not, these communities are ginia. At least 25 people died in those stands alone. downwind from dangerous pollution,

VerDate Sep 11 2014 02:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.033 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1020 CONGRESSIONAL RECORD — SENATE February 12, 2020 located near industrial facilities or fac- I think it is shameful that our Presi- gation, Senator CHRIS COONS and Con- tories, or located in areas that are al- dent has forsaken our country’s leader- gresswoman LISA BLUNT ROCHESTER, in ready experiencing flooding and ex- ship in this fight for our one and only tribute to John M. DiEleuterio, a dedi- treme weather fueled by climate planet for the sake of misplaced polit- cated public servant who proudly change. This legislation will prioritize ical gain. That abdication of leadership served our State and country through- input from and investment in those will be a dark, indelible stain on his out his long career and life. communities. legacy, but while President Trump may John was what I call a happy war- Our next chart on the Clean Econ- not be up for the climate challenge, our rior—in the military for many years omy Act prioritizes American workers. colleagues and I are here to say to the and in his service to the people of Dela- The Clean Economy Act focuses on world that the majority of Americans ware. He supported a multitude of non- American competitiveness and on the are ready for that challenge. We have profits that focused on helping people American worker. Our legislation com- faith in American innovation. We have in need. He was a person who loved peo- pels EPA to use American workers, do- faith in American workers to take on ple, and they loved him just as much. mestic materials, and strong labor this climate fight and win. The Clean John exemplified what it means to be standards to get the job done—relying Economy Act will put the United the ‘‘go-to person’’ to get things done. on our country’s talents to get to net States on a path to once again lead the His relationships and friendships with zero emissions no later than 2050—no world in the fight against climate people throughout our State enabled later than 2050. The Clean Economy change while lifting up America and him to get things done with speed and Act also requires EPA to work with American workers. dispatch and, I would add, with a sense other Federal agencies on programs to This bill corrects our President’s fail- of joy. protect and uplift communities and ure to lead on this issue and directs the John’s persistence and innate ability workers displaced or dislocated by our EPA and other agencies to move swift- to work a room and make connections, transition to a cleaner economy, such ly to address this serious problem for his strong work ethic and ever-present as in places like West Virginia where the good of our planet and for the sense of humor was the core of what my sister and I were born. strengthening of our economy and cre- made John so successful. His impres- This legislation will not come at the ation of even more new jobs. sive career included serving as State expense of jobs or economic growth. Famed economist John Kenneth Gal- director—and you know how important Moving toward a clean economy will braith once said these words: our State directors are in New Mexico, drive innovation and create millions of All of the great leaders have had one char- Delaware, and Tennessee. He was State new jobs here at home. The Clean acteristic in common: it was the willingness director for then-Senator Joe Biden, Economy Act is about realizing our to confront unequivocally the major anxiety his longtime friend and former Univer- true economic potential, potential that of their people in their time. This, and not sity of Delaware classmate. They were under this administration, sadly, has much else, is the essence of leadership. classmates together for a number of gone untapped. The Clean Economy That is worth repeating. All of the years. Act hits what we call the sweet spot great leaders we have had share one His service included more than 30 between organized labor, business com- common characteristic, and that is the years of combined service as a deco- munity, and environmental group sup- willingness to confront unequivocally rated officer in both the Delaware and port. the major anxiety of their people in Maryland Army National Guard. He I just want to thank the many orga- their time. This, and not much else, is had an impressive career for over 26 nizations that helped us in crafting our the essence of leadership. I am Tom years with the Campbell Soup Com- bill, the Clean Economy Act, including Carper, and I approve that message. pany as their vice president of human the Environmental Defense Fund, The Clean Economy Act is our mes- resources. Moms Clean Air Force, the League of sage to the rest of the world about cli- In addition, John gave freely of his Conservation Voters, NRDC, Environ- mate leadership. The United States is time serving all kinds of community ment America, the BlueGreen Alliance, preparing to once again lead the fight groups, including serving on the board and the Utility Workers. I also want to against this climate crisis. America, of the Delaware Military Academy, a thank the organizations that joined me let’s roll. blue-ribbon public high school. He yesterday in unveiling this legislation, I suggest the absence of a quorum. served on the board of Freedoms Foun- including the United Steelworkers, Si- The PRESIDING OFFICER (Mrs. dation at Valley Forge, the Leukemia erra Club, the National Wildlife Fed- BLACKBURN). The clerk will call the Society of America, the U.S. Service eration, and CERES. roll. Academy Selection Committee, the To say the least, it is disappointing The legislative clerk proceeded to Cavaliers Country Club, St. Anthony’s that President Trump has decided to call the roll. Communion Committee, and New Cas- abandon the tremendous economic op- Mr. UDALL. Madam President, I ask tle County Ethics Commission, among portunity to create millions of clean unanimous consent that the order for others. energy jobs. There are already 3 mil- the quorum call be rescinded. He was equally committed to his lion. Sadly, for the folks in West Vir- The PRESIDING OFFICER. Without family, including his wonderful wife ginia and Wyoming and other places, objection, it is so ordered. Marlene for 30 years, their children and they lost a lot of coal mining jobs. The Mr. CARPER. Madam President, I am grandchild, and the many friends he country is down to about 65,000 coal sorry. Will the Senator from New Mex- made along the way, and they are le- mining jobs, but folks who can be ico please yield? gion. trained to mine coal can be trained to Mr. UDALL. The Senator from New So on behalf of Senator CHRIS COONS create windmill farms off of our coast. Mexico will yield. and Congresswoman LISA BLUNT ROCH- Folks who have the skills to mine coal Mr. CARPER. Thank you, Madam ESTER, I am privileged to rise today to have the ability to create corridors of President, and I thank the Senator for evoke the name of our dear friend John fueling stations for hydrogen and nat- yielding to me. DiEleuterio. People from many walks ural gas and to create charging sta- Madam President, former Senator of life loved serving with him, loved tions for electric-powered vehicles in and Vice President Joe Biden was being with him. I am certainly one of the heavily traveled corridors across blessed with many wonderful staff them. The people of Delaware and our our country. members over the years, and one of country are very fortunate to count Part of what we tried to do in this them was John DiEleuterio. John as a fellow Delawarean, and it is legislation is to make sure that we I would like to take just 3 minutes to a far better place to live and work be- looked out for those workers and to mention him. He just passed away. He cause of his stewardship. help make sure they have a place to go was a giant in the State of Delaware I will close with the words of another and ways to support themselves and and also served in the military. beloved Delawarean who used to say their families while at the same time REMEMBERING JOHN M. DIELEUTERIO this: If you want to be happy for an having clean air to breathe where they Madam President, I rise today on be- hour, take a nap. If you want to be call home. half of Delaware’s congressional dele- happy for a week, take a vacation. If

VerDate Sep 11 2014 04:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.034 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1021 you want to be happy for a lifetime, ization was passed in 2002, and here we refused to leave the country, setting up help people. Think about that. I will are, 18 years later, and it is being spe- a conflict with our ally Iraq. close with the words of another beloved cifically used to get us into another Our strike pushed the Iraqi Govern- Delawarean, who used to say this to us conflict. ment and the people of Iraq closer to and to me: If you want to be happy for The administration claims Soleimani Iran and unified the Iranian people an hour, take a nap. If you want to be posed an imminent threat to U.S. against us just as protests against the happy for a week, take a vacation. If troops, diplomats, and citizens, but the Iranian Government were sprouting up. you want to be happy for a lifetime, administration gave no convincing evi- The region is still a powder keg, and we help people. That is exactly what John dence to the Congress or the American just don’t know when and where Ira- DiEleuterio did his whole life. He people that an attack from Iran on nian proxy forces will attack our helped people. I said earlier he was a U.S. interests was imminent or that troops. happy warrior. Boy, he was, and we are the killing would have stopped such an Finally, worst of all, Iran launched a going to miss him. Thank you for al- imminent attack. missile attack against U.S. troops in lowing me to add these comments. During the Senate briefing, when we Iraq, risking American lives. While I I yield the floor. asked questions trying to get real an- am grateful no one was killed, I am an- The PRESIDING OFFICER. The Sen- swers about the evidence and why they guished that more than 100 of our sol- ator from New Mexico. didn’t seek congressional approval, the diers suffered from traumatic brain in- S.J. RES. 68 administration wouldn’t answer our jury from the attack. While the Presi- Mr. UDALL. Madam President, questions. One Republican Senator, at dent said he doesn’t consider their in- thank you for the recognition, and I the briefing that we had from adminis- juries serious, I agreed with the Vet- very much appreciate Senator CARPER tration officials, called that briefing erans of Foreign Wars, who asked the talking about the wonderful, young the ‘‘worst’’ briefing he had ever had. President to apologize for that callous employees whom we have around us He said it was ‘‘insulting and demean- remark. The President’s insults to in- and the young people who come here ing.’’ jured servicemembers is appalling, and who are dedicated and work, and we While the President claimed on Twit- his injury to the Constitution is deeply have some great ones on the commit- ter, without evidence, that Iran had troubling. tees. I see Mary Frances back here be- targeted four U.S. Embassies, his own We have a President who claims he hind you, and I have Matthew Padilla Secretary of Defense disavowed that doesn’t need congressional approval to over here on my right. There are so claim. We come to find out that the op- go to war with Iran. He has actually many great young people that just eration was planned months in advance said that, under article II of the Con- come to Washington or live in Wash- and was even broader than General stitution, he has ‘‘the right to do what- ington, and they are really dedicated Soleimani. That is not a response to an ever I want as President.’’ That sounds to see that we do a good job. It is won- imminent threat. That is an unauthor- like a claim of total unlimited power. derful to hear you talk about that ized and thus unconstitutional act of That isn’t what our Constitution was young man. war. about. I rise to affirm the Congress’s con- In the end, the President all but ad- The Founders of our Constitution stitutional authority to declare war mitted the attack was retaliatory, not would be shocked to hear that and even and to support the War Powers Resolu- defensive, when he tweeted that any more shocked to learn that Congress tion before us. The chilling events of justification for the strike ‘‘doesn’t refuses to act to assert its power. The last month bring into stark relief why really matter . . . because of Founders rejected the notion that the this resolution is absolutely needed. [Soleimani’s] horrible past.’’ President alone should have the power The President brought us to the very This President has misled the public to send the country into war. They be- edge of war with Iran by his attack on on many things, big and small. It is lieved it unwise to vest the President— its top general. clear that he will mislead us on the one person—with that power. So they We must pass this resolution be- most consequential matters we face— vested that decision with the people’s cause, even if the President does not war and peace. He cannot be entrusted representatives, to make sure that any respect the plain words of the Constitu- with the sole power to risk lives of war would have broad-based support. tion, the Members of this body should. American troops in war, and he does That decision makes as much sense Look at this chart here. Here they not have that power under our Con- today as it did 230 years ago. It is our are, clear as day: The ‘‘Congress shall stitution. job, as the representatives of the peo- have power . . . to declare War.’’ The The President’s strike took us to the ple, to decide whether to go to war. Congress alone has the power to de- edge of an unauthorized war, but we The American people do not want war clare war. The President does not. didn’t get here overnight. The Presi- with Iran. Yet, even if you disagree I did not come to this view recently. dent’s unilateral decision to withdraw with the overwhelming will of the I held the same view under President from the Iran nuclear agreement in American people, the issue before us is Obama’s administration. I spoke up May of 2018, combined with his disas- not whether you would support war against his plans for airstrikes in trous maximum pressure campaign, de- with Iran or not. The issue is whether Syria, and I voted against an author- stabilized the region. Since we pulled we are going to uphold our oath to sup- ization for those airstrikes in the Sen- out of the nuclear agreement, the port and defend the Constitution. ate Foreign Relations Committee. So, President dramatically increased the The War Powers Resolution before us whether you support war with Iran or number of troops in the Middle East, exercises that constitutional preroga- not, I urge every single Member here to despite his campaign promise to do the tive, ending hostilities unless Congress stand up for our Constitution and to opposite. authorizes it. This President is fully vote for this resolution. Between May and December of last capable of starting a war without get- Last month, as we were on the brink year, the President deployed an addi- ting congressional approval or even of war with Iran, the whole Nation and tional 15,000 troops to the Middle East. without consulting with us. He has al- the whole world watched on edge, Days before the strike on Soleimani, he ready proved that. braced for conflict, bloodshed, and ter- sent in 1,000 more Army and Marine The stakes are too high. We cannot ror. Yet, to this day, this administra- troops. Post-strike, he sent 3,500 more wait until the next time he orders a tion has not provided a serious jus- troops. In response to our strike, Iran strike he can’t justify with con- tification for the strike on General withdrew from the nuclear agreement’s sequences no one can predict. We can- Soleimani. The administration claimed limits on the production of centrifuges, not wait until the next time he gam- the 2002 authorization for use of mili- uranium enrichment, and research, de- bles with American soldiers’ lives. Now tary force against Iraq justified the creasing the time for Iran to acquire is the time to set straight the bound- strike, but the AUMF, which I voted enough fissile material for one bomb. aries, not only for this President but against, authorizes force ‘‘against the The Iraqi Parliament voted to oust for future ones as well. Now is the time continuing threat posed by Iraq,’’ not U.S. troops from Iraq, which could lead to vote for this resolution and to send any threat posed by Iran. That author- to an increased ISIS presence. We have the President a message that there is

VerDate Sep 11 2014 04:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.035 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1022 CONGRESSIONAL RECORD — SENATE February 12, 2020 no support in Congress for an unconsti- Forces to keep us safe and to push back I have heard from hundreds of con- tutional war of his own making. on our adversaries. stituents at home in Delaware about I yield the floor. I don’t think anything could be fur- their rising anxiety and concern, and I The PRESIDING OFFICER. The Sen- ther from the truth. I actually think it have heard from many both currently ator from Delaware. strengthens our democracy when we serving and formerly serving that we Mr. COONS. Madam President, I engage in a robust and vigorous debate should do our job, that Congress has a come to the floor today to add my on this question. I actually think role, and that we need to debate and voice to the debate on the system of showing that we have confidence in our demand a strategy from this adminis- checks and balances that are essential Constitution and that we in the Senate tration and a path forward that we can to and that define our very democracy. realize that, over decades, we have articulate and defend. I am here, in no small part, because of gradually allowed our central role in We are in a scenario now where the a series of events that unfolded slowly authorizing war to be weakened—that possibility of military conflict between over 40 years, and then, with a sharper retaking some of that role is, in fact, the United States and Iran is entirely tempo, near the end of last year, cul- showing confidence in our democracy. foreseeable. President Trump has minated in a strike by U.S. forces on Let me be clear up front. I support drawn a line in the sand, much as his January 3 that killed General Qasem the men and women of the U.S. Armed predecessor did, and said: We will never Soleimani of the Quds Force of the Forces, and I have great confidence in let Iran have a nuclear weapon. IRGC of Iran. their ability to carry out their mission. With the United States having with- That precipitated a series of briefings I am clear-eyed about the threat that drawn from the Iran nuclear deal, the and debates here among Senators and Iran, the Islamic Republic of Iran, JCPOA, and with Iran and our Euro- with our constituents in the country, poses to our interests, to the region, pean allies increasingly further and and, today, after an important 51-to-45 and to the world. As one of the world’s further apart on their conduct and vote to proceed, we are debating this great state sponsors of terrorism, as with Iran restarting centrifuges and re- measure. This measure is S.J. Res. 68, one of the great sources of instability starting enrichment, it is not an un- from Senators KAINE, DURBIN, LEE, and in the region, as a country that for 40- foreseeable moment that, whether PAUL, to direct the removal of U.S. plus years has been genuinely opposed weeks or months or years from now but Armed Forces from hostilities against to much of what the United States be- quite possibly months, a team from the the Islamic Republic of Iran that have lieves in and tries to do in the region— senior ranks of our military will go to not been authorized by Congress. I am clear-eyed both about supporting the President and say: Here is a range I want to simply make a few observa- our troops and about the threat posed of options. That might include striking tions today about the importance of by Iran. But if we are to do right by the Iran. That is a fact pattern that re- the war making power and the role of men and women of the U.S. Armed quires Congress to have provided au- Congress. Forces, whom we ask to go around the thorization. In my view, we are at a critical in- world and to serve us and to sacrifice Yes, I recognize there are exigencies, flection point in our Nation, one where for us and to keep us safe, we can do no there are emergencies, there are mo- history will question whether we less than to ask whether we are send- ments when the President must take served our Nation or served more par- ing them with the full support of the action to authorize our Armed Forces tisan or parochial aims. American people. to strike in order to defend our troops To be clear, I do not seek or want a This S.J. Res. 68 begins with a simple and to defend our interests at home war between the United States and but important finding: ‘‘Congress has and abroad, but this entirely foresee- Iran. I think our best path forward is a the sole power to declare war under ar- able scenario—one which we should all multilateral, several-nations-coming- ticle I, section 8, clause 11 of the be working to avoid but which is fore- together initiative to deescalate rising United States Constitution,’’ and seeable—is exactly why I am sup- conflict between the United States and ‘‘Congress has not yet declared war porting the bipartisan resolution intro- Iran, with so many—tens of millions of upon, nor enacted a specific statutory duced by Senators KAINE and LEE. people—displaced from their homes authorization for the use of military The Senate must take back its re- around the world from conflicts rang- force against . . . Iran.’’ That makes a sponsibility for authorizing our Armed ing from Syria and Yemen, to the simple point. Forces to protect us overseas, and we Democratic Republic of the Congo, to Previous administrations of both par- need to show clear-eyed support for our the Central African Republic. There is ties have overused the authorizations Armed Forces and for the path forward. conflict in many places in our world, for the use of military force passed President Trump, like all Presidents and our country has seen what happens here in 2001 and 2002. An overwhelming before him, does not have the author- in the absence of effective diplomacy. majority of the currently serving Mem- ity to wage war without consulting But I came to the floor today really bers were not present for the debates this Congress. And Democrats and Re- in no small part because, in the group that led to those authorizations, and publicans are concerned about this ad- briefings that happened after the strike the fact patterns and circumstances ministration’s apparent indifference that killed General Soleimani, a num- that led to their being adopted have toward Congress and its critical role in ber of points were made that I think long since passed into history. So if we deciding matters of war and peace. deserve to be addressed. in this Chamber are to exercise our re- The House has just passed two meas- One, a suggestion was made by one sponsible role, we shouldn’t simply let ures to restrict the President’s war- participant that simply debating the President take the responsibility making powers. The Senate needs to whether the authorization for the use and possibly the blame for the conduct have that same debate, that same dis- of military force that was adopted by of war overseas; we should take that cussion, and needs to take up and pass Congress back in 2001 or 2002—simply responsibility back on ourselves. this resolution. debating whether that authorized this In 2001, Congress authorized the use This is how our system of govern- strike and simply questioning whether of force against al-Qaida and associ- ment works best—through respectful this strike should be authorized and fu- ated forces based on the deadly strike disagreement, through thoughtful, in- ture actions authorized by this Con- against the United States and our ter- formed debate, and through votes in gress would weaken the morale of our ritory that happened on 9/11 but did not both Chambers to express the will of troops and would send a signal to our authorize the use of force against Iran. the American people. enemies and adversaries of a lack of re- In 2002, Congress did the same against Let me close by saying this to serv- solve by our Nation, and so we in Con- Saddam Hussein’s Iraq, which is one of icemembers whom I meet in Delaware gress should simply allow the Presi- Iran’s greatest enemies, then and now. and to many more serving around the dent, under article II, which gives to So, frankly, I think to suggest that ei- country and around the world: War him, the Commander in Chief, respon- ther of these former authorizations for should be our last resort. sibility, to simply exercise the over- the use of military force, or AUMFs, If diplomacy should fail in this case whelming capabilities of the United authorize this action goes way beyond or others, I will insist our administra- States and our tremendous Armed its scope. tion produce a clear strategy and a

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So I will with the resources and authorities they were upset that General Soleimani was vote against the resolution, and I need. taken out by a drone strike, but he was would implore our colleagues to do the We are blessed with a system of one of the most consequential military same. democratic governance that challenges leaders in the Middle East and was di- I know that, in an era of Trump de- us in times when stakes are highest to rectly responsible for the deaths of rangement syndrome, anything that rise to the occasion and to earn our hundreds of American servicemembers, the President is for some people are re- place in the history of this democratic training Shia militias and others in the flexively against, and I think this falls Republic. We do that by reaffirming war in Iraq, providing them with im- in that category. Again, I don’t ques- our faith in our Constitution, including provised explosive devices. Actually, tion the motives of Members of Con- article I, which gives to this body the they are designed so they literally will gress in wanting to make sure that the responsibility to weigh vital decisions melt through armor like a hot knife shared powers that Congress and the of war and peace. through butter. That all came from President have under the Constitution Thank you. Iran and resulted in the deaths of hun- to wage war—I don’t question their I yield the floor. dreds of American servicemembers. motives in trying to find the appro- The PRESIDING OFFICER. The Sen- When a successful mission carried priate balance, but here I think we ator from Texas. out by U.S. forces finally brought an stepped across the line, literally, to try Mr. CORNYN. Madam President, de- end to Soleimani’s reign of terror, our to tie the President’s hands as a pun- bates between the executive branch colleagues couldn’t even acknowledge ishment for conducting a fully author- and Congress over the power to con- the President’s decisive action and ized operation against one of the duct war is not a new topic, but in that it undoubtedly saved lives. My world’s worst terrorists, something we many ways, I think this debate has mind immediately went back to, how should applaud rather than condemn. been blown out of proportion. A lot of did Republicans and Democrats act VIOLENCE AGAINST WOMEN ACT this has to do with the decision made when President Obama directed the Madam President, on another mat- by President Trump, with the advice of raid that took out Osama bin Laden? ter, over the last year we have wit- his advisers, to eliminate one of the We didn’t draw partisan lines. We nessed unprecedented foot-dragging, worst terrorists in the Middle East, didn’t say: Well, he didn’t have the au- political gamesmanship, and downright Qasem Soleimani, who was plotting to thority to do that, so we are going to obstruction by our Democratic col- burn down the American Embassy in come back to Congress and tie his leagues in Congress on a number of Iraq and also threatened the lives of hands for the fight in the War on Ter- bills. They have derailed the appropria- American troops—to take him off the ror. We didn’t do that. The reaction is tions process. They have knuckle- battlefield. This is clearly within the like night and day between the oper- dragged during important trade nego- President’s authority under the Con- ation directed at taking out Osama bin tiations. They have held up things that stitution. It really isn’t a matter of Laden and the operation that took out used to have common support, non- whether Congress needed to give him General Soleimani, the head of a ter- partisan support—things like the the authority to do that. rorist organization from a country that Debbie Smith Act. I think we all agree that the Presi- is a leading state sponsor of terrorism Of course, the Debbie Smith Act was dent, as Commander in Chief, has to in the world. designed to fund the testing of untest- have his constitutional authority to As I said, I strongly disagree with the ed rape kits. This had been an area of defend American lives and American claim that President Trump’s actions broad bipartisan consensus that should interests when Congress doesn’t have were outside his authority or that he be nonpartisan, but we saw the House the time—and we don’t have the time— should have come to Congress and of Representatives dragging their feet or is, frankly, not built for speed when sought congressional approval before in order to gain leverage against the it comes to addressing threats to na- acting. Senate for months, and they allowed tional security like that. You may remember what Congress the Debbie Smith Act to expire, along We do have a shared responsibility, was doing while the President was hav- with potentially threatening the fund- but primarily the responsibility of the ing to deal with this. The House was ing used to eliminate the rape kit Congress can be exercised through our voting on Articles of Impeachment, backlog. appropriations authority. We could lit- and then the Senate had to conduct a The latest tactics have now been de- erally cut off the funds that the execu- trial of these Impeachment Articles. ployed, if you thought that was about tive branch would use to conduct oper- Obviously, it failed, but it took up as low as things could get. The latest ations if Congress sees fit. time, where we literally could not have tactic is to weaponize the Violence If this resolution succeeds, it will tie dealt with this emergency action and Against Women Act. This is more than the Commander in Chief’s hands while an opportunity to take a world-class a 25-year program, and it is at the fore- the threat posed by Iran and terrorist terrorist off the battlefield. front of our commitment to support organizations, like the Iranian Revolu- This was clearly not only within the victims of domestic violence and sex- tionary Guard Corps, the IRGC, and the President’s constitutional authority, ual assault. Until recently, it always Quds Force that was headed by General but it was also his duty to prevent and had been high above the political fray. Soleimani, remains high. stop threats against the United States, The first time this program came up Actually, I think the President including those posed by the Iranian for reauthorization, there were dis- should be congratulated. Former gen- regime and their allies and the Shia agreements over some aspects of the eral David Petraeus said that what the militias. One of the other individuals bill, but we were able to work together President did by taking Soleimani off who died in the attack directed at and reach a compromise. That is the the battlefield reestablished some level Soleimani was leader of the Shia mili- only way anything gets done around of deterrence. In other words, if you tias in Iraq, had been plotting the de- here—bipartisan compromise. But are going to be stepping into the shoes struction of the U.S. Embassy there when it came time to reauthorize the of the head of the Quds Force and the and perhaps even a hostage situation, Violence Against Women Act last year, IRGC to lead terrorist attacks against like we saw in 1979, but also plotting some in the House and some in the the United States and our allies, you attacks against American servicemem- Senate saw an opportunity to score po- are going to have to think twice before bers there assisting the Iraqi people in litical points—not solve a problem, not you do that because you might end up trying to rebuild their government and reauthorize a program we all agree is in the same condition that General provide them a means to govern them- important and necessary. They saw it Soleimani did. Reestablishing deter- selves safely and to eliminate the ter- as a political weapon. They allowed rence is very, very important because rorist threat. VAWA, or the Violence Against Women when our adversaries sense weakness, Passing this resolution would limit Act, to get caught in the crosshairs of it is a provocation and an invitation to the President’s authority to defend a funding debate and insisted that we

VerDate Sep 11 2014 02:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.044 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1024 CONGRESSIONAL RECORD — SENATE February 12, 2020 should not fund that vital program be- Act and turn this into purely a par- Unlike the Democratic bill, this leg- cause it was overdue for updates. tisan issue. islation includes provisions of a num- Well, let me be clear. Both sides I believe that our colleague from ber of bipartisan bills that have been agree there are things we could do to California, Senator FEINSTEIN, wants introduced by our colleagues in the improve the Violence Against Women to get a bipartisan bill done. I have Senate. One example is a bill I intro- Act, and that is what our colleague worked with her a number of times on duced with Senator FEINSTEIN called from Iowa, Senator ERNST, has been a number of pieces of legislation. She the HEALS Act, which would remove leading on our side. But this ‘‘my way is a good partner to work with on the some of the hurdles that exist between or the highway’’ legislative strategy other side of the aisle. I know her com- victims of domestic violence and safe isn’t the approach that is designed to mitment to continue negotiating with housing. One of the toughest things for get anything done, and vital funding Senator ERNST is genuine, but, frankly, a victim of sexual violence and sexual for victims of domestic violence and I don’t think she is pulling the strings assault is finding a safe place to live. sexual assault should never, ever be on the Democratic side. This provision that Senator FEINSTEIN used as leverage to gain political ad- I think our colleague, the Demo- and I have included in Senator ERNST’s vantage. cratic leader, is the one preventing ne- version of the Violence Against Women Though our colleagues allowed the gotiations here, because his main goal, Act reauthorization includes greater authorization of the Violence Against as we have seen through the impeach- flexibility for transitional housing so Women Act to expire, thankfully, saner ment circus and elsewhere, is to be- survivors can get back on their feet heads prevailed. It did receive record come the next majority leader, and he without fear of losing the roof over funding levels last year, but that thinks this is the best weapon the their head or exposing themselves to doesn’t mean we are in the clear. We Democrats can use to beat Republicans their attacker. need to figure out a long-term solution running for the Senate in 2020. The Violence Against Women Act is a that will reauthorize this important How shameful is that? How degrading lifeline for countless survivors of do- program. As the Presiding Officer and disrespectful is that to the people mestic violence and sexual assault, and knows—as we all know—there has to be who would benefit from the passage of we need to come together to reauthor- an authorization bill and then funding a consensus, bipartisan Violence ize this critical program. The bill in- Against Women Act? to meet the terms of that authoriza- troduced by Senator ERNST includes a I can only hope that cooler heads will tion. We need both. range of bipartisan proposals to prevail and that our colleagues across Last fall, we thought we were mak- strengthen the Violence Against the aisle—but, principally, the Demo- ing good progress. As I said, Senator Women Act without the poison pills cratic leader—will just quit ERNST spent months working with the being offered by the Democrats’ bipartisan group of Senators, including weaponizing this dispute over VAWA and return to the negotiating table. version. I can only hope that our col- Senator FEINSTEIN, the senior Senator leagues on the other side of the aisle from California, trying to work on a Until then, we will keep working on a bill that could win the support of folks will return to the negotiating table and compromise. Before these negotiations work with us to finally reauthorize the could be completed, Democrats got up on both sides. Senator ERNST produced such a bill, Violence Against Women Act. This is and left the negotiating table and an alternative to the bill produced by simply too important to use as a par- headed straight for the TV cameras the Senate Democrats, and I am proud tisan bludgeon during the runup to the and held a press conference con- to cosponsor that legislation. Overall, 2020 election. demning Republicans for not falling this bill sends more funding and re- We need to address the problem. We into line on their partisan bill. sources to the victims of sexual assault need to solve the problem applying the Well, what was the big news at the and sexual abuse than does the Demo- 80–20 rule. If you can agree to 80 per- press conference? Not that a deal had crat bill, and it authorizes the program cent of it, let’s get it done, and we can been reached or that negotiations were for twice as long. That is critical to save the 20 percent we don’t agree on making progress. The Democratic lead- protecting the Violence Against for another day and another fight, and ership marched up to the microphone Women Act from the kind of partisan not hold victims of sexual violence at and said they would be introducing a games that we are seeing played out risk, as the status quo currently does. near replica of the House’s partisan today, and it gives the Department of I yield the floor. bill, which doesn’t have the support Justice the stability it needs to plan The PRESIDING OFFICER. The Sen- needed to pass it in the Senate. During for the future, because it is the Depart- ator from Maryland. the press conference, one of our col- ment of Justice that hands out the Mr. VAN HOLLEN. Madam Presi- leagues, the Senator from Hawaii, even grants to the various organizations dent, I hadn’t planned to say anything conceded five times that the bill was that provide aid and comfort to victims about the Violence Against Women going nowhere, proving that our Demo- of sexual assault. Act, but given the remarks from my cratic colleagues had no intention of While this increased funding would colleague from Texas, let me just say introducing a bill that could become be a welcomed victory for the program, that the bill that passed the House last law. it is only part of what sets this bill year is here in the Senate. While it is If this sounds familiar, if you have apart. It goes further than other reau- true that it did not have a majority of seen this movie before, well, that is be- thorizations by addressing a number of Republican House Members supporting cause we went through the same exer- horrific crimes that are being com- it, it did have Republican votes in the cise back in 2012 and 2013. Our Demo- mitted against women and girls in our House. It expands protections under cratic colleagues used this issue to at- country. Sex trafficking, for example, the Violence Against Women Act, and, tack Republicans up for reelection for is not always recognized as a form of like many bills that passed the House, not supporting their partisan bill at sexual assault, and this bill would it had very broad support. that time, after they chose not to ne- change that. It is sitting right here in the Senate, gotiate in good faith for a bipartisan It also enhances the maximum crimi- along with legislation that requires bill. nal penalties for sexual abuse of minors universal background checks to reduce So I think that is what is happening and other vulnerable groups. It takes gun violence, along with legislation to again. They are not interested in reau- aim at heinous crimes like mutilation get secret money out of politics and thorizing the Violence Against Women and addresses crimes in rural areas and make sure we refresh our democracy Act. If they were actually interested in on Tribal lands. and reduce barriers to voting, along solving a problem, we would solve the This bill also takes aim at relatively with many other bills, including a problem and get it passed, but they new threats, like when abusive images long-overdue increase in the Federal would rather have the issue that they and videos are posted online. It will minimum wage. can use in their campaigns for Novem- empower victims of this kind of abuse I would suggest that the best way to ber and show contempt, frankly, for to remove the content from the inter- find out whether or not it, in fact, has the people who would benefit from net by using copyright takedown au- majority support here in the Senate is passing the Violence Against Women thority. to let us vote on it, and anyone who

VerDate Sep 11 2014 02:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.046 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1025 wants to vote against it, obviously, has they may not be making headlines at Instead of building on the progress a right to do so. It might well surprise this particular moment, but it is still a we had made, President Trump us and pass here, and then we would very dangerous and volatile time. The launched a campaign of what he called have addressed a very important issue. pot is still boiling, and unless cooler maximum pressure, which has resulted S.J. RES. 68 heads prevail, it could boil over at any only in total failure. Madam President, I am here today moment. We cannot allow that to hap- Secretary Pompeo made 12 demands specifically to talk in support of the pen. We must not fall into another un- of Iran as part of the maximum pres- joint resolution offered by Senator necessary war in the Middle East. Cer- sure strategy, and the administration KAINE of Virginia that directs the tainly, no one should take the United has not achieved any of them—not a President to remove U.S. Armed Forces States to war without a full debate in single one. Instead, faced with in- from hostilities against Iran without the U.S. Congress and a vote in the creased economic pressure, Iran pre- an authorization from the Congress. U.S. Congress. dictably lashed out. Instead of dialing The Framers gave Congress, and Con- How did we get here? The Trump ad- down its malign activities in the re- gress only, the power to declare war. ministration came into office with one gion, it has intensified. Tensions have As James Madison noted, ‘‘the history organizing principle to undo every- increased. of all governments demonstrates that thing the Obama administration did: Without any endgame or any sign the executive is the branch of [govern- Undo the Affordable Care Act; get rid that this administration will negotiate ment] most interested in war and of the Paris climate agreement; and, of in good faith—any sign of that—Iran [therefore] most prone to it.’’ The Con- course, get rid of the agreement to pre- has no incentive to change course. stitution ‘‘has accordingly with studied vent Iran from obtaining a nuclear It is long past time that we have a care, vested the question of war in the weapon. strategy that recognizes simple polit- Reversing the policies of a previous legislature’’—meaning in the Senate ical geography. We must recognize Iran President is a campaign slogan; it is and in the House of Representatives. has a strong hand in Iraq. They are not a strategy for the national security The Framers did that because they neighbors. They share a long border. of the United States. In the case of didn’t want one person—and one person They are both majority Shiite coun- Iran, the Trump administration put alone—to be able to make such a mo- tries. Nothing we can do here will nothing realistic in its place. mentous decision for the entire coun- change those facts. The fundamental idea behind the nu- Instead of recognizing realities on try. clear agreement with Iran was simple They wanted to have a clear check on the ground and smartly countering and realistic. It recognized that Iran is the President’s ability to send our sons Iran’s natural advantages in the re- a malign influence in the region. But it gion, this administration’s policies ac- and daughters into harm’s way. also recognized that a nuclear-armed The text of the Constitution cannot tually strengthened Iran’s hands. In Iran engaged in malign activities in be more clear. Article I, section 8 short, it has taken a bad situation and the region is even worse. If our strat- states: ‘‘The Congress’’—not the Presi- made it much worse. In this very com- egy could contain the Soviet Union, we dent—‘‘shall have Power . . . To de- bustible mix, a single spark can ignite could also apply a similar strategy to a war. That almost happened just a clare War.’’ Iran. very short time ago. We were on the The resolution before us is equally The agreement to prevent Iran from brink. clear. It reaffirms Congress’s power and obtaining a nuclear weapon, known as We learned recently that the original ‘‘directs the President to terminate the the JCPOA, came from a deliberate action that set off the sequence of esca- use of United States Armed Forces for strategy and painstaking negotiations lation may have been based on a mis- hostilities against the Islamic Republic to unite key powers—powers that are take. A rocket fell into an Iraqi mili- of Iran or any part of its government often in disagreement—allies, competi- tary compound where we had U.S. or military, unless explicitly author- tors, and adversaries, including Brit- ized by a declaration of war or specific ain, France, Germany, the European Forces providing some training and authorization for the use of military Union, China, and Russia. took the life of an American contractor force against Iran.’’ Together, we created and enforced a in Iraq. The Trump administration That is what the resolution says. I truly global sanctions regime to bring claimed that the rocket was fired by an hope my Senate colleagues see this res- Iran to the negotiating table to reach Iraqi militia force backed by Iran. Just olution for what it is: a clear and im- an agreement. It was that unity and very recently, Iraq—our ally Iraq—says portant reminder to the executive pressure that succeeded in reaching the that the rocket may have been fired branch of the power granted to Con- agreement to prevent Iran from obtain- not by Iranian-backed militia but by gress by the Constitution. The much ing nuclear weapons. ISIS. We don’t know because the ad- tougher votes would come on questions It was working. Under the agree- ministration hasn’t shared any of that of whether to authorize military action ment, Iran committed to dismantling intelligence with us. in Iran or any other circumstances. large sections of its nuclear infrastruc- Acting on what may have been a This resolution is a simple reaffirma- ture, to severely limit its production of false assessment from the start, we tion of our solemn duty to make these uranium and plutonium, and it agreed then saw a series of escalatory acts. decisions. to an intrusive, around-the-clock inter- Then, when things appeared to be cool- Whether or not we agree with Presi- national inspections. It was compliant ing down, the President ordered the dent Trump’s approach to Iran or the with its obligations under the nuclear strike against Iran’s top military lead- decision to strike Iranian General agreement, and we were succeeding in er while he was visiting Iraq. Qasem Soleimani, we should all agree pushing back Iran’s so-called breakout I think all of us know that no one in that any decision to go to war should time—the time it would need to build a this Chamber is grieving the death of be made by Congress, not by the Presi- nuclear weapon. Even this administra- General Soleimani. He has lots of blood dent alone. tion agreed with the international on his hands. Make no mistake, killing The President’s ability to protect the community that Iran was complying him has not weakened Iran’s hand in United States and our forces from an with the agreement. There was no need Iraq in the long term; it has strength- imminent threat—or any other power to beat the drums of war. ened it. There have been growing calls granted to the President as Com- Then comes the Trump administra- in Iraq to expel U.S. Forces, including mander in Chief—cannot, and should tion, with many of the same people a vote by Iraq’s Parliament, and in- not, be a blank check, not for this who got us into the unnecessary war in creasing pressure to throw all U.S. President, not for any other President. Iraq, and they took a different path. Forces out. Why are we here at this moment, dis- Instead of working to build on the What was Soleimani’s main objective cussing this important issue? Because agreement to prevent Iran from obtain- in Iraq? What is Iran’s main objective just a short time ago, we almost stum- ing a nuclear weapon, they tore it up. in Iraq? To get rid of U.S. Forces there. bled into a war with Iran. And make no They alienated our allies who, even to So, in death, Soleimani has gotten mistake, the tensions may not be play- this day, are still working to salvage closer to his goal of throwing out U.S. ing out on our TV screens today, and that agreement. Forces than he did in life. That is not

VerDate Sep 11 2014 04:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.047 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1026 CONGRESSIONAL RECORD — SENATE February 12, 2020 a strategic success for the United in the hands of one person. They did Trump is the most restrained and the States by any definition. not empower the President to take our most Constitution-minded Commander The administration justified its at- Nation to war. President Trump has in Chief we have had in decades. I be- tack against Soleimani on the grounds said that article II gives him ‘‘the right lieve he is the most restrained and that he posed an ‘‘imminent threat.’’ to do whatever I want as President.’’ Constitution-minded Commander in At least that is what they said at the We know that is not true. We know Chief we have had in my entire life- beginning. Since then, we have heard a that is not what the Constitution says. time. He is exactly the kind of partner lot of other rationales. They used that We know that the Framers vested the Congress needs in order to get the Con- particular expression because it has a power to go to war in this Senate and stitution’s warmaking process back on very specific meaning under inter- the House of Representatives, and they the rails—back on the same rails that national law, and it was the only le- did it for a reason. were designed in 1787. gally justifiable rationale for ordering For goodness sake, let us not betray Second, this resolution is not about the execution of Soleimani. our constitutional duty. Let us, at the condemning the strike against General The problem they have is that it just very least, have the courage to assert Soleimani last month. After all, the isn’t true. Soleimani was a very bad the powers the Constitution entrusts in strike against Soleimani worked. He guy. He had blood on his hands. But it us. was an enemy of the United States, is not true that he posed an imminent I yield back the time. with the blood of hundreds of Ameri- threat under the definition that is ap- The PRESIDING OFFICER (Mr. cans and thousands of Iraqis, Syrians, plied in the use of force. CRAMER). The Senator from Utah. and even other Iranians on his hands. We know this because while the Mr. LEE. Mr. President, I rise today Everything we know about him and his Trump administration took a very long to support my colleague, Senator work of terror confirms that he was time to do it, when they finally pro- KAINE, in support of this resolution be- planning to kill again and to do so vided the Senate with the classified fore us, a resolution that would pro- soon. briefing on the situation, it was clear hibit the United States from con- Rather, what this resolution is about the evidence did not support the claim ducting offensive military strikes is Congress reclaiming its rightful pow- of an imminent threat. In fact, the in- against Iran unless or until some time ers to restore accountability and con- formation proved the opposite was as Congress may authorize it. sensus to this most grave of all public true. This is how security policy in our policy decisions that we, as Members of We have been here before. We have constitutional Republic is supposed to Congress, are asked to make. I understand why Members of Con- seen what happens when administra- work. It is how decisions like these are gress are OK with pretending to be tions manipulate intelligence or supposed to be made. Congress author- pundits on matters of national secu- mischaracterize intelligence, which is izes the use of military force and the rity, cheering the troops when things closer to the case we are looking at President—as Commander in Chief—di- go well and attacking the President now—mischaracterizing intelligence in rects the military as it undertakes the when they don’t, but we are not just order to justify a particular course of effort to complete its missions. This arrangement gives the Amer- political pundits on cable news shows. action. We have a job to do based on an oath In the case of Iraq, President Bush, ican people the best of both worlds—a that we took right here in this Cham- Vice President Cheney, and many other deliberative, representative legislature ber to uphold and ‘‘protect and defend to declare war and a single, decisive members of that administration were the Constitution of the United States.’’ determined to go to war to ‘‘remake’’ Commander in Chief to lead the troops. In order to enable the President of Unfortunately, Congress has not the Middle East. They searched for pre- the United States to do his job cor- upheld its end of this responsibility. texts. They embraced a source called rectly, we have to be willing to do ours. Our system of checks and balances— Curveball. They cherry-picked the in- You see, this is part of the evil design telligence to justify their predeter- while very beneficial to the American of the military industrial complex to mined plan. people and while giving us the greatest convince Members of Congress, first We know the end of the story. We opportunity to protect our freedom, and foremost, that they don’t have to know the end of that story. Their our liberty, and our system of govern- and shouldn’t want to put their name claims that Iraq possessed weapons of ment—imposes a degree of rigor and on the line when it comes to war mass destruction were fake, but the accountability on Congress, which its power. This unfairly puts the blame toll of the Iraq war was very real. Members, unfortunately, sometimes and the accountability all on the Presi- The cost in blood and treasure were are inclined to shirk whenever possible. dent of the United States. That is nearly 4,900 American lives lost, and This trend has sadly gained momentum wrong. counting; tens of thousands wounded, for decades, and it has done so under Just as importantly, it disconnects and counting; $2 trillion spent, and Presidents, House of Representatives, the American people from their elected counting. The amount we will spend and Senates of every conceivable par- representatives here in the Senate and caring for those who bore the battle, tisan combination. Now, nearly two in the House of Representatives from a and their families, will not be fully decades into multiple wars without process that really could put not just known for decades, if ever. The death clear missions or paths to victory, it is American treasure but also American toll of Iraqi civilians is not precisely time for Congress to reassert, on behalf blood—the blood of their own sons and known but is certainly horrific. of our constituents, our vital constitu- daughters—on the line. That is not The biggest winner from the war in tional role in American warmaking. right. Iraq was Iran—Iran—that had fought in Before addressing the merits of this The Founders could not have been an almost 9-year war against Iraq and particular resolution, let me first dis- any clearer about this. That is espe- was able to take advantage of a weak- pel two very mistaken assumptions cially true when it comes to the great- ened Iraq. It just goes to show the being made about it. est Founder of them all. Remember many unintended consequences of ac- First, it is not about defying Presi- when the Miami and Wabash Indians tion not thoroughly thought through. dent Trump. Quite to the contrary, attacked Americans north of the Ohio Before we get into another war in the this resolution supports President River between 1791 and 1794, President Middle East, whether by design or by Trump and his particularly deferential George Washington carefully confined miscalculation, let’s come to our approach—one that defers to the Amer- his military operations to exclusively senses. A war with Iran would do incal- ican people, one that accepts, at the defensive measures. ‘‘The Constitu- culable harm to the United States and outset, the fact that we can’t fight tion,’’ Washington wrote, ‘‘vests the to people throughout the Middle East. wars all around the globe in per- power of declaring War with Congress, It will result in huge loss of American petuity, and we certainly can’t and therefore no offensive expedition of im- lives and the lives of thousands of shouldn’t do that without the consent portance can be undertaken until after other innocent people. of the American people and that of they shall have deliberated upon the That is why our Founders did not put their elected representatives in Con- subject, and authorized such a meas- the power to take our country to war gress. Indeed, on this issue, President ure.’’

VerDate Sep 11 2014 02:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.049 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1027 Our first President, George Wash- gression through economic sanctions. tional prerogative over the power to ington, was a humble man, and he was They are working, and it appears that declare war—we are not required to a modest man. One of my favorite Iran is standing down. Tehran has al- simply accept an administration’s paintings in this entire building can be ready had to cut back support for talking points as a matter of faith, es- found in the Capitol Rotunda, where international terrorist organizations pecially after almost two decades of de- you see George Washington handing his and its nuclear program, and its oil ex- ception in Afghanistan. Intelligence- commission back to the Continental ports are plummeting. Iran’s economy sharing ensures that Congress can ap- Congress. This at the moment when he has been crippled, contracting by al- propriately determine whether it had ascended the apex of power; this at most 10 percent. The Iranian people should or should not provide the ad- the moment when he was the most re- know it is the fault of their own gov- ministration with further authority to spected, well-known person, certainly, ernment, their own government offi- conduct offensive military force. in the Western Hemisphere, possibly in cials. Tens of thousands of Iranian pro- The intelligence so far shared with the entire world; this at a moment testers have taken to the streets to Congress on recent actions taken when, in any other land and any other protest their own government, even against Iran has fallen short, but my point in world history, George Wash- knowing that such action may lead main concern with the briefing that I ington was in a position to become a them to injury or imprisonment or called the ‘‘worst’’ that I had ever wit- Monarch, a King, he chose not to be. even death. nessed on military matters in my more He said right then and right there: not Even the New York Times has admit- than 9 years in the Senate was that we were given no indication, whatsoever, on this soil; not on my watch. I am ted that the Iranian regime is losing that any ongoing offensive action handing my commission back to the the will to confront the United States. against Iran would occur with con- Republican institution that employed There may be a pathway to peace and sultation and authorization from Con- me to begin with. prosperity for the Iranian people gress. This was inexcusable. So, yes, he was a humble man, and he through sanctions relief and trade if This was, moreover, not the Presi- was a modest man, but this wasn’t just the Iranian Government is willing to dent’s approach. It was not something an act of humility or modesty; it was cease its support for radical Islamic that would have occurred in the Presi- duty. He understood that he had taken militant organizations and abandon its dent’s presence. It certainly is not an oath to uphold, protect, and defend pursuit of nuclear weapons and ICBMs. something that would have been com- Until then, the United States, under the Constitution of the United States. municated by the President, himself, President Trump’s leadership, will As President, he would not deviate because this is not how Donald Trump from it because he had taken an oath maintain maximum pressure through operates. That briefing was not the that he wouldn’t. sanctions and defend the United States President’s fault. That briefing was the Under the Constitution—whose draft- from any further attacks. fault of individuals who decided to go I stand firmly behind President ing President Washington oversaw be- off on a detour of their own, forgetting Trump in this course of action, and fore he was President of the United whom they represent. Worst of all, in like President Trump, I believe that we States, while he was President of the that briefing, it was suggested that en- Constitutional Convention and to ought to avoid war if we can. After gaging in public debate, discussion, and which he swore an oath of office later— nearly two decades of military entan- deliberation about further military ac- the power to direct war would reside in glement in Iraq and Afghanistan— tion in Iran—in other words, precisely him as President of the United States much of which was fostered by Depart- what we are doing right here and right as Commander in Chief, but the power ment of Defense bureaucrats deceiving now—would somehow empower our en- to declare war resided exclusively with Congress and misleading the American emies and undermine the morale of our Congress. people, as we have recently tragically men and women overseas. This is as This was, of course, very different learned—the last thing we need is an- false as it is insulting to the American than the form of government that we other aimless, protracted conflict in people and demeaning to the constitu- had left just a few years prior to that. the Middle East. The other last thing tional framework to which each of us Under our previous system of govern- we need is to have such a conflict occur has sworn an oath. It is contrary to our ment, the one based in London, the without Congress even authorizing it. very form of government. Parliament had no role in declaring In any event, war with Iran is cur- Constitutionally separated powers, war. Declaring war was up to the Exec- rently neither warranted nor con- exercised with accountability to the utive, the Monarch, the King. The King sistent with our strategic interests. To people via checks and balances, are could—and in many instances would be very clear, under this resolution, precisely what makes the United and did—take the country to war. It the President would retain all of his States strong. Bowing to the politi- was the job of the legislative branch of authority as Commander in Chief to cians’ impulse to avoid responsibility government, of the Parliament, to fig- take defensive measures against active and subvert our constitutional duty— ure out what to do about it, how to threats to U.S. persons, assets, and the that is what empowers our enemies and fund it, and where to go from there, homeland, including our Armed Forces undermines the morale of our Nation. but it was up to the King and the King abroad and our diplomats in U.S. Em- Whether the United States sends our alone to take us to war. bassies, even without a declaration of young men and women into harm’s This, Alexander Hamilton explained war or authorization for the use of way, yet again, is on us—not to cheer in Federalist 69, was exactly the kind military force. Such power inheres and or jeer but, rather, to decide and stand of system we didn’t want. It would be resides in article II. He already has accountable for. So, of course, that de- up to Congress in the first instance to that power. Nothing in this resolution cision ought to be made at the end of a declare war. Congress and Congress can or would or even attempts to un- very public debate that requires not alone would have this power. Why? dermine or erode that power. only our attention but our contribu- Well, because it is the branch of gov- However, even when defensive meas- tions and, ultimately, our assent. Our ernment most accountable to the peo- ures are conducted, the administration names have to be on the line if we are ple with the most regular intervals. should share the justifying evidence going to offer up our fellow beings to When the American people are called with Congress. This, you see, is how stand in harm’s way. upon to put their own blood and treas- this inherent tension between, on the For too long, Congress has delib- ure—their own sons and daughters on one hand, the congressional war dec- erately and in a very cowardly manner the line in the name of safety, security, laration of power in article I and, on shrunk from its constitutional respon- freedom—nothing else can suffice but a the other hand, the article II power sibility for its own narrow, selfish, vote in Congress. George Washington that the President has as Commander shallow, political interests. Yet, by understood that. in Chief. This is how they are held in taking itself out of the process of de- Donald Trump understands that balance. It is for that information- bating and declaring war, Congress has today, and to his great credit, Presi- sharing process to be ongoing. taken the American people out of the dent Trump has followed this standard. As a separate branch of govern- process, and that is simply unaccept- He has countered recent Iranian ag- ment—the branch with the constitu- able.

VerDate Sep 11 2014 02:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.051 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1028 CONGRESSIONAL RECORD — SENATE February 12, 2020 It is time to turn the page. Through a combination of faith and When Martha Hughes Cannon spoke Osama bin Laden is dead, and so are grit, she braved treacherous weather, a before a U.S. Senate committee about the 9/11 terrorists. General Soleimani is massive buffalo stampede, and a myr- the success of women’s suffrage in dead, and Iran is weakened and iso- iad of hazards and successfully led the Utah, she said: ‘‘The story of the strug- lated. Saddam Hussein is dead and has entourage to a settlement where they gle for Woman’s suffrage in Utah is the been out of power for a generation, and could build a new life and live in free- story of all efforts for the advancement Iraq is a sovereign nation that can and dom. and betterment of humanity.’’ should dictate its own course. We now Other Utah women continued to As we approach the 150th anniversary face new challenges. Our priorities blaze trails, and Martha Hughes Can- of Seraph Young’s groundbreaking vote have rightfully changed, and they non stands out among them. At a time and as we enter the centennial year of must. when women rarely went to college, the 19th Amendment, it is only fitting While this resolution speaks only to Martha aspired to be a medical doctor. that we honor the legacy of these re- offensive action against Iran, I believe She earned a degree in both medicine markable women and all they have it is time to repeal the 2002 AUMF and and pharmaceuticals. A skilled public given to my State and to our country. bring our troops in Iraq home. It is also speaker, she also earned degrees in ora- I yield the floor. time to repeal the 2001 AUMF and tory and public speaking, which gave The PRESIDING OFFICER. The Sen- bring our troops in Afghanistan home. her four degrees by the time she was 25 ator from Maryland. That is a question that we can and years old. In the late 19th century, she S.J. RES. 68 should address in this body. quickly became a leader in Utah’s bur- Mr. CARDIN. Mr. President, I take In the meantime, we as a body and as geoning women’s suffrage movement, this time to urge my colleagues to sup- a nation should at least agree that and she put her speaking skills to good port S.J. Res. 68, which, as I under- there is no justification for further use. stand, we will be voting on tomorrow. military action in Iran in the absence At a large suffrage meeting in 1889, It is a resolution that was introduced of a new authorization for use of mili- held at Temple Square, she argued: by Senator KAINE. I acknowledge Sen- tary force or a declaration of war by No privileged class either of sex, wealth, or ator KAINE’s longstanding commitment Congress. descent should be allowed to rise or exist. All to the U.S. Senate’s and Congress’s This resolution is consistent with the persons should have the [same] legal right to carrying out our constitutional respon- President’s desire to keep us out of ex- be the equal of every other. sibilities as they relate to the author- cessive, unnecessary, and especially In the first year that women could ization for use of military force, which undeclared, unconstitutional wars. It is vote and run in a Utah election, Mar- rests solely with the Congress of the consistent with the vision of our tha ran as a Democrat for one of the United States, and we have a responsi- Founding Fathers, who sought to make five State Senate seats. She even ran bility to speak as to that authority. it harder to enter into war by the re- against her own husband. She became In the last Congress, with Senator quiring of express consent from a bi- the first woman to be elected as a Flake, there were efforts in the Senate cameral legislature, and it is con- State senator either in Utah or in any Committee on Foreign Relations to try sistent with the conviction that the other jurisdiction in the United States, to bring us together in regard to the American people, whose sons and and she went on to sponsor many suc- passage of an AUMF, the authorization daughters lay down their lives to de- cessful and influential legislative pro- for use of military force, because we fend us, should get a say in this mat- posals. All the while she was in public had seen successive administrations ter. office, she continued to run her private using our military without their hav- President Trump wants to make medical practice and raise her three ing authorization from Congress. America great again. I stand with him. children. S.J. Res. 68 is aimed at one specific The military-industrial complex wants It is, indeed, fitting that we will soon conflict for which we can come to- to make America Great Britain again, be installing a statue of this extraor- gether, and I am optimistic that we and I stand strongly against the mili- dinary woman here in the U.S. Capitol will be able to act on this resolution. It tary-industrial complex. Making Amer- Building. deals with the use of force in Iran. It is ica Great Britain again would include Fast-forward to today, when Utah very specific as to say that, unless ex- such things as giving the executive the women are continuing to carry the plicitly authorized by a declaration of power and keeping the legislative banner of public leadership and service. war or a specific authorization for use branch out of the power of declaring We have Ruth Watkins as president of military force against Iran, there is war. That is wrong. That is not what of the University of Utah; Astrid no authority to use our military our Constitution allows. It is not even Tuminez as president of Utah Valley against Iran. what President Trump wants. We need University; Noelle E. Cockett as presi- Now, certainly, for legitimate rea- to support this resolution. dent of Utah State University; Deneece sons, the President can use force to de- COMMEMORATING UTAH WOMEN’S SUFFRAGE Huftalin as president of Salt Lake fend us from an imminent attack. That Mr. President, on February 14, 1870, a Community College; and Beth Dobkin is, certainly, how I think all of us per- remarkable thing happened in Utah— as president of Westminster College. ceive the authorization for use of mili- something that changed the course of We have Gail Miller, philanthropist tary force from Congress needs to be history not just in our State but in our and entrepreneur, who took over the qualified. In the case of an urgent situ- entire Nation. ownership of the Utah Jazz after Larry, ation, the President can, in fact, act. Seraph Young, a 23-year-old school- her late husband, died. She took over Why do we need this resolution teacher, became the first American his other companies as well. She has passed now? woman to cast a vote in a political led the team and companies with ex- I need not tell my colleagues that election under an equal suffrage law. It ceptional grace, dedication, and suc- there is a heightened sense of tension was a moment that both followed and cess and has helped their philanthropic between the United States and Iran. It preceded a long line of remarkable con- arm champion education, homeless- has been building for some time—cer- tributions from Utah women—women ness, and family causes. We also have tainly, with the U.S. military action in who have pioneered and led in our Carine Clark, president and CEO of which General Soleimani was killed. State and in our Nation. Banyan, who is forging paths in Silicon He was the leader of the Quds Force in Take Mary Fielding Smith, the wife Slopes and Utah’s tech community. Iran, and he was taken out by our U.S. of Hyrum Smith, who was one of the In all different capacities and in all military. That has presented a height- early leaders of The Church of Jesus different fields, Utah women are con- ened tension between the United States Christ of Latter-day Saints. After tinuing to make invaluable contribu- and Iran. Hyrum was murdered, the resilient tions in our State and in our Nation. Congress has the sole responsibility widow followed in Brigham Young’s These women have offered and con- to commit our troops to combat. It is footsteps. She took her children and tinue to offer much needed gifts to in article I, section 8 of the Constitu- led a group of pioneers across 1,300 their families, communities, schools, tion that Congress has the power to de- miles of wilderness into the West. churches, businesses, and governments. clare war. This is not a decision made

VerDate Sep 11 2014 02:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.052 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1029 by the President; it is a decision made Let me get to General Soleimani for Now, I must tell you I voted against by Congress. Our Founders were very one moment. He was killed on January this authorization. I thought that concerned about having the appro- 2, 2020, in Baghdad. There is no sorrow there was no evidence that Iraq was in- priate balance between the executive over his loss. He was an evil person volved in the attack on our country on branch and the legislative branch. It is who caused the death of so many dif- September 11, 2001. I didn’t think there called checks and balances. We did not ferent people. He was clearly a person was evidence of that so I opposed that want a monarchy. We wanted to make who is not missed in this world. That is resolution in the House of Representa- sure that there was sufficient support absolutely accurate. tives when I was a Member of the before war was declared; that it was in But President Trump’s actions vio- House of Representatives. That resolu- our national security interest; that the lated all three of the provisions of the tion says the use of force to defend the Congress and the President and the War Powers Act that was passed in 1973 national security of the United States American people were all together in to try to prevent this type of cir- against the continuing threat posed by the effort if we were going to initiate cumstance that happened in Vietnam Iraq. We are talking about Iran, not war against another country; that the from happening again. Iraq. How could the President conceiv- use of the military should always be a Now, why do I say all three? Well, ably use the 2002 authorization to matter of last resort; and that we first, was there an imminent threat claim that he had authority to go after should always exhaust diplomacy—that that allowed the President to make an Iranian general? I don’t understand we should always exhaust other means this decision without congressional au- that. I can’t figure that out for the life before America initiates war against thorization? of me, but that argument has been another country or the use of military Well, we have been through a classi- made. force. fied briefing, and I am not going to Then we have the old fallback of the This authority that rests in Congress talk about what was presented in that 2001 AUMF that was passed imme- was tested in the Vietnam war. The classified briefing, but I think it is fair diately after the attack on our country Gulf of Tonkin Resolution was passed to say that we were not presented with on September 11, 2001. That authoriza- by Congress at the early stages during the documentation at all that there tion was passed ‘‘to use all necessary the Vietnam conflict to give the Presi- was an immediate threat against and appropriate force against those na- dent the authority to use force to de- America. tions, organizations, or persons that fend our military against attacks com- The President has not made that planned, authorized, committed, or ing from Vietnam. It was never in- case, and we have heard public com- aided the terrorist attack that oc- tended to lead us into an act of pro- ments that have been made by admin- curred on September 11, 2001.’’ longed war, but, as we know, it was istration officials that they did not Now, this has been used by many ad- used by successive administrations for know about specific threats at that ministrations so it goes back well be- maintaining a prolonged war in Viet- particular time. fore President Trump in the misuse of the 2001 authorization. nam. I think historians would agree So, one, the War Powers Act was vio- Iran was not involved in the attack that this was an abuse of the interpre- lated because there was not an immi- nent threat before the President used on our country in 2001, 9/11. So how do tation of authorization and that the you use this authorization to say you Gulf of Tonkin Resolution was never military action. No. 2, we now know that this had have authorization now to take out a intended for offensive military oper- general in Iran or use force in Iran? It ations in Vietnam. Yet it was used for been planned for some time as one of the potential operations that could is clear to me that that is a total that purpose. misreading of the authority of Con- In 1973, Congress took action to make have been given to the President to re- gress. Congress never intended, when sure this would never happen again. It spond to Iranian action; that is, taking out General Soleimani. So there was they voted for that authorization now passed what is known as the War Pow- 19 years ago—almost 19 years—that it plenty of time to consult with Con- ers Act. Now, the War Powers Act was intended that it would be used as it is gress, but yet, before the military ac- passed in a strong bipartisan vote by being used today. That is a total mis- tion, there was no prior consultation both the House and Senate, and it was use of the authorization by Congress. vetoed. Congress overrode the Presi- with Congress—a second violation of So in regard to Iran today, there is dent’s veto because we knew that it the War Powers Act. no AUMF; we have not passed author- Then, third, congressional notifica- was our responsibility to commit our ization for Iran; the President has al- troops to battle. tion and removal of troops within 60 ready shown that he will act and will What does the War Powers Act re- days. The President has not submitted not comply with the War Powers Act; quire? nor does he intend to submit to Con- and he is likely to use force again that First, it requires consultation by the gress an authorization for use of mili- could lead to a lengthy military en- President with Congress, in every pos- tary force or a declaration of war gagement with Iran. That is a possi- sible instance, before our committing against Iran. He clearly does not in- bility. troops to war. That is the exact lan- tend to do it, but he has made it clear So we need to pass S.J. Res. 68 be- guage in the War Powers Act. There by his own statements that he will use cause it is specific—it is specific to are consultation requirements. Then force again against Iran if he believes Iran—that there is no congressional there has to be reporting within 48 it is justified, and his determination of authorization. hours of American troops being sent justification is not what Congress in- And just as importantly, if the Presi- into hostilities or into situations in tended when it passed the War Powers dent wants to use the military, he which imminent involvement in hos- Act in 1973. must seek prior authorization from tilities is clearly indicated by the cir- Even more urgent, the President Congress as is envisioned in the Con- cumstances. Third, the War Powers Act claims that he has authorization from stitution of the United States. It gives requires an end to foreign military ac- Congress. So the President, through his the President the power to protect us tion after 60 days unless Congress pro- lawyers, has said: Well, OK, maybe we against imminent threat. vides a declaration of war or an author- don’t have the inherent power, but we So for good reason, Congress has the ization for the operation to continue have specific authorization that has constitutional powers here. My genera- an authorization for use of military been previously passed by Congress tion paid a very heavy price because of force, an AUMF. that allows us to use military action the Vietnam war in the way that we Why do we need S.J. Res. 68 if we against Iran. got into the Vietnam war without the have the War Powers Act? So let me go through the two author- voice of the U.S. Congress giving the Like Vietnam, now in Iran, the Presi- izations that are still active and used specific authorization. Let us not cede dent is usurping the constitutional by Presidents. our responsibility under the Constitu- powers of Congress by saying he has First, we had the authorization to tion or allow the President to exceed certain authorities that go well beyond use military force that was passed in his. what was intended in the Constitution 2002. This is the authorization that was I urge my colleagues to support and or in the War Powers Act. passed to go after Iraq. vote for S.J. Res. 68.

VerDate Sep 11 2014 02:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.053 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1030 CONGRESSIONAL RECORD — SENATE February 12, 2020 I yield the floor. In our Republic, if we are going to go mission; that it lacks a real national The PRESIDING OFFICER. The Sen- to war, the Constitution says you must security rationale. ator from Kentucky. come to Congress, not for consultation My vote today is not simply about Mr. PAUL. Mr. President, when the but for permission. Iran or the killing of Soleimani. My Senate begins its debate, as it has been Today’s vote is not a vote for or vote today is about the constitutional doing today on the War Powers Act, in against the current President. Today’s requirement that Congress must de- considering this resolution, we are con- vote is for or against the Constitution. clare war. This vote should be 100 to 0. sidering whether to do our duty to the Either you believe that war requires It is a vote for or against the Constitu- Constitution. the permission of Congress or you tion. This is about acknowledging the The debate over war powers is bigger don’t. Constitution says no one man, no one than any one Senator, bigger than any Why is this vote necessary? Because woman can take a nation to war. one President, and bigger than any po- we live in a topsy-turvy world, where Many Members will quietly acknowl- litical party. The debate over war pow- Presidents now argue that their war edge that the separation of powers as- ers is a fundamental constitutional de- power is absolute. Don’t talk to me. I signed Congress the power to declare bate, and the Constitution and our will do what I want—but the Constitu- war, but when push comes to shove, Founding Fathers were clear: The tion envisioned that we did not ever many Senators are afraid to appear to power to declare war lies in the legisla- want one person to decide when we oppose a President of their own party. ture. went to war. For me, this debate is not about Madison put it this way: The execu- Presidents now argue that a decades- party. I have supported the constitu- tive is the branch most prone to war. old authorization of force against a tional mandate that Congress must de- Therefore, the Constitution, with stud- long-deceased autocrat—Saddam Hus- clare war under both Democratic and ied care, vested the power to declare sein—is still valid and applies to an Republican Presidents, and I will con- war in the legislature. Iranian general, and that is absurd. tinue. Yet we have increasingly deferred That is insulting to the people; it is in- For me, this debate is not a dry and and delegated the war powers back to sulting to the Constitution; and it esoteric or meaningless debate. It is a the executive. We have abdicated our shouldn’t be. debate about life and death. It is a de- role as the body that should be decid- You cannot argue that the Constitu- bate that, more than any other debate, ing with the people when to go to war. tion gives the President unlimited embodies our commitment to our sol- While the President may have the power and say: Oh, well, if that doesn’t diers. It is a debate that strikes at the power to repel an attack, Congress has work, I am also arguing that in 2002 heart of our duty to do everything pos- done little to stop increasingly bold ar- Congress voted to go to war with Sad- sible to protect human life. guments that everything is in response dam Hussein, and that gives me the Today’s vote is historic in that the to an imminent attack. power to kill an Iranian general. majority of the House and the Senate I will never forget President Obama Presidents have also argued that will now be on record affirming coming to speak to the Republican cau- bombing is not war. They argue some- Congress’s power over issues of war. cus a few years ago, and he said: Well, how that bombs are not war and that Even at the height of the Vietnam war, they were under imminent attack, and there is a certain attitude of, well, the height of America’s probably most we were like: Who, in the Libyan war, maybe 100 soldiers aren’t, maybe 1,000. unpopular war, congressional majori- and he said: Well, Benghazi. And it was What does it take to be at war? ties did not stand up and assert their like: For goodness’ sake, we thought They argue sometimes that we are constitutional prerogative. Today we imminent attack was of America, not not in hostilities when we are dropping are doing that. That is a step forward. of a foreign city. That is how far afield bombs everywhere around a country. In the aftermath of the most partisan we have come, that a President would They sometimes argue that battles are impeachment in our history, today, come to us and say: I can do whatever kinetic action and not really war. though, marks a high-water mark for I want if there is an imminent attack We have been at war too long in too the bipartisan assertion of the separa- of a foreign city. How ludicrous. many places. It is time to bring our tion of powers. Given Congress’s inaction, it should soldiers home. For me, it will have all been worth- come as no surprise that administra- This week, I joined the President to while when I see our troops returning tion lawyers increasingly argue that honor two of our soldiers who were home to their families safe and sound. everything is imminent and that stat- killed in action. I stopped with the For me, it will all be worthwhile when utes limiting their authority actually President at Dover Air Force Base. Let we finally end the Afghan war, when don’t limit their authority; that the me tell you, it was a sad and somber we finally end the Iraq war, and when statutes actually say they can do memorial for two of our Nation’s he- we finally end the wars in Yemen and whatever they want. roes. But people need to think about throughout Africa. When that day Presidents actually argue that arti- this. This isn’t a chess game. This isn’t comes, I look forward to standing arm- cle II of the Constitution—this is what a geopolitical chess game and we are in-arm across the political divide to gives the President power. Article I is just moving troops here and there and welcome our brave soldiers home. Until the congressional power; article II is they are somehow represented by sym- that day, I will continue to fight for the President. They argue that the ar- bols on a big map or a board. This is the truth that great nations don’t fight ticle II section of the Constitution lets about people. It is about our young perpetual wars. the President do anything he or she people of our country, and they deserve Thank you. The PRESIDING OFFICER. The Sen- wishes; that there are no limits on better. Our soldiers deserve to know ator from Wyoming. Presidential authority. That is absurd. what they are fighting for. Our soldiers (The remarks of Mr. ENZI pertaining Under President Obama, we droned deserve to know what the mission is. to the introduction of S. 3287 are print- hundreds of people in Pakistan; we Our soldiers deserve to know if we are ed in today’s RECORD under ‘‘State- bombed Libya to help defeat Qadhafi; making progress. They deserve to be ments on Introduced Bills and Joint we put military personnel in dozens told the truth. Resolutions.’’) and dozens of countries around the America’s longest war in Afghanistan Mr. ENZI. I yield the floor. world fighting militants and regional is in its 20th year. We now have kids I suggest the absence of a quorum. thugs here and there, but with each fighting who weren’t even born when The PRESIDING OFFICER. The passing year it had less and less to do the war began. clerk will call the roll. with 9/11. It is hard to explain to some- My committee this week held a hear- The bill clerk proceeded to call the one how a goat herder in Mali has any- ing to discuss the Afghanistan Papers— roll. thing to do with the attacks of 9/11. Yet papers that reveal that the highest Mr. PORTMAN. Mr. President, I ask every President comes back to us and ranking officials in our military and in unanimous consent that the order for says: Well, you voted for this procla- our government and in our State De- the quorum call be rescinded. mation in 2001. It gives me the power partment have known for many years The PRESIDING OFFICER. Without to do whatever I want wherever I want. that the Afghanistan war lacks a real objection, it is so ordered.

VerDate Sep 11 2014 02:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.054 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1031 OPIOID EPIDEMIC somebody through an overdose by ap- to heroin. In many cases, the tragedy Mr. PORTMAN. Mr. President, I am plying Narcan—that miracle drug that that occurred was not just an overdose here on the Senate floor to talk, once reverses the effects of the overdose— but sometimes an overdose and a life again, about the addiction crisis in our and the next day they are right back lost. I hear this all the time. country. Over the past 4 years, I am again. This is the right thing to do, Just this morning at my weekly told I have given over 64 speeches on and, again, we have made progress in Buckeye Coffee, where we have con- this topic, and that is because it is a that. stituents come in once a week and crisis, and a national one, and we have The good news is, it looks like it is meet with Ohioans, I met an impres- done a lot here in this Senate and also starting to pay off. After many, many sive young man from northeast Ohio. in the House of Representatives to deal years of increases in overdose deaths He told me about his brother, Dylan. with the issue. every single year, finally, we are mak- He reminded me that I had met his We passed some important legisla- ing progress. In States like mine, over- mom. I already knew about Dylan be- tion. We are making some progress, dose deaths had climbed to the No. 1 cause his mom had told me, but Dylan but, gosh, prescription opioids, heroin, cause of death in our State; in other struggled with pain pill addiction be- fentanyl, methamphetamine, and co- words, surpassing car accidents or any- fore tragically dying of an opioid over- caine continue to harm so many people thing else. There were more people dose. It is a pattern that we have seen in our communities and so many of the dying of drug overdose deaths than too often in our communities, and it families we represent. We put new poli- anything else. needs to stop. cies in place to help deal with it—bet- Nationwide, we had some great suc- We are making some progress there, I ter prevention, better treatment, and cess between 2017 and 2018. We now think partly because of the lawsuits, better recovery efforts. have those numbers in. In 2017, we had partly because we increased awareness, Among other things, we passed legis- about 70,700 people who died of partly because of the Federal legisla- lation like the SUPPORT Act, the overdoses. In 2018, it went down to tion we discussed that has helped on Comprehensive Addiction and Recov- about 67,700. That is a decrease of 4 per- this, and partly because doctors and ery Act, the 21st Century Cures Act, cent. Now, that is nothing to write others are beginning to get the mes- and the STOP Act. Through these new home about, 4 percent. On the other sage. laws, we have also provided over $4 bil- hand, this is after three decades of in- We have cracked down on pill mills lion in additional Federal resources creased overdose deaths every year and as well. I mentioned Portsmouth, OH, just over the last 3 years to be able to in some years substantial increases. So and Scioto County, OH, where there combat this epidemic—particularly, just to have that 4-percent decrease— were hundreds of pain pills per person. the opioid epidemic. and we are waiting for the 2019 figures They had pill mills. Because of all of In Ohio alone, our State received to become available—was a big deal. that, the number of prescription pain nearly $140 million through the CARA In Ohio, we are one of the States that pills prescribed between 2013 and 2018 and Cures legislation. It has gone to- has been hardest hit. In 2018, our num- fell by more than 80 million—about a ward innovative, evidence-based pro- ber was a 22.4-percent reduction. We 33-percent decrease nationwide. So grams to try to figure out how we in- were one of the States that led the pushing back against this opioid flow tervene at the appropriate time to keep country in this, and I am proud of that. that flourished for way too long here in people who are addicted from over- That means a lot of lives saved. Still, the United States is helping, and that dosing and, instead, to get them into though, the overdose rate is way too is a positive sign as well. treatment and into longer term recov- high—way too high. Again, while the CDC—Centers for ery in a successful way. On the positive side, I think we are Disease Control—has shown an overall I have gone to visit many of these also seeing more accountability for the decrease in drug overdose deaths for programs across our State, and I can opioid crisis, in particular. As courts the past 18 months or so, I want to talk tell you many of them are working, around the country hear cases of those tonight about some new troubling and they are working because local vol- affected by prescription opioids, like trends and the need for us in Congress unteers, local communities, and the OxyContin, these drug companies are not to take our eye off the ball because State are also involved. So that is the being held accountable by individual sometimes around here, you get a little positive thing. I was very pleased that States, by some local governments, and progress, and you think: OK. Let’s go the year-end spending bill passed with by the Federal Government. Every day on to the next thing. Unfortunately, a record $658 million, as an example, in we learn more about what they did and that is not the way addiction works, funding for these CARA grants that how wrong it was. and we have seen this over time. again go to these innovative ideas back The sheer number of pain pills that Back in the 1990s, we thought we had home. drug companies pumped into the solved the cocaine crisis; we didn’t. Let me give you an example of one. United States is astounding, with more Now some think we have solved the In many of our communities now, we than 100 billion pain pills between 2006 opioid crisis; we haven’t. In addition, have the ability, after somebody has and 2014. So during that one period of there are new troubling trends I want overdosed, not to simply have them go time, 8 years, there were 100 billion to talk about tonight. back home and go to the same neigh- pain pills. The most worrying is, while the over- borhood and get addicted, and continue We have one county in Southern all number of opioid deaths has fallen, to be addicted and overdose again and Ohio, Scioto County, where we had 48 the number of overdose deaths related again and again, but, rather, to inter- million opioid pain pills distributed by to the very deadliest of opioids—syn- vene and to go there with law enforce- manufacturers during those 8 years. By thetic opioids like fentanyl or ment, with treatment providers, with the way, that is 617 pills for every man, carfentanil—has actually increased. In first responders, and get them into woman, and child in that one county in fact, in 2018, more deaths were attrib- treatment. Southern Ohio. We were flooded with uted to fentanyl than to heroin and It is working. In a program I was re- pain pills that were addictive, and we prescription drugs combined. So it has cently at in Columbus, OH, the have to be sure that that kind of a cri- shifted. Think about this. From the RREACT Team, 80 percent of the peo- sis doesn’t start again. prescription drugs to the heroin, now ple whom they go to visit end up get- As I travel around the State of Ohio, to fentanyl. ting into treatment. And the evidence I hear stories all the time of people Fentanyl is 50 times more powerful is, not only are they getting into treat- who had an accident or had an injury, than heroin. A few flakes of this stuff ment, but because there is the ability and they took pain medication pre- can kill you. Unfortunately, it is being to monitor that, they are also going scribed by a doctor. That led to phys- mixed into other drugs, partly because into longer term recovery programs. It ical addiction. Something in their it is so powerful and a few flakes can is helping to save lives, but for the first brain changed. They became addicted. kill you. responders, it is also a great relief be- They couldn’t get the prescription According to the Centers for Disease cause no one is more frustrated than drugs because they are too expensive or Control, 40 percent of drug overdoses in they are. Think about it. You help not accessible enough, so they turned 2017 were at least partly because of

VerDate Sep 11 2014 02:41 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.057 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1032 CONGRESSIONAL RECORD — SENATE February 12, 2020 fentanyl use—40 percent. It is by far the flexibility to use the opioid grant fentanyl that is not illegal. You have the largest problem. That data also money that I talked about earlier, that to schedule a drug to make it illegal. showed that overdose deaths due to has increased over the last 3 or 4 years, As we have seen an uptick in these fentanyl had increased by 88 percent also to be used for psychostimulants. I fentanyl copycats, we have seen the re- per year since 2013. So it has been felt very strongly about this because I ality that it is not just about fentanyl. going up really since the 2013, 2014 time was hearing it back home: Thank you It is also about carfentanil, and it is period. very much for your help on the opioid also about other analogs. We are seeing this mixing occur in a crisis. By the way, we have shifted now As an example, we had an 819-percent lot of overdose reports from Ohio com- in our community. Opioids are not as increase from just a year ago in Cleve- munities, where declining prescription big a deal, but we need the funding to land with carfentanil deaths in 2019. So opioid and heroin use has opened the also help us deal with the consequences from 2018 to 2019, there was an 819-per- door now for this other form of addic- of crystal meth or cocaine. cent increase. tion. In particular, psychostimulants, I thank my colleagues for passing That is why the DEA—the Drug En- as they are called, like crystal meth that legislation. It is going to make a forcement Administration—has made and cocaine, are being laced with big difference, and I think we will now the right call in 2018 in temporarily fentanyl. This is a deadly combination. begin to see the ability to address this making these fentanyl-related sub- According to our State’s deputy attor- new threat. stances, like carfentanil, illegal to pos- ney general for law enforcement, Carol The U.S. attorneys for the Northern sess, transport, or manufacture. O’Brien, Ohio law enforcement officials and Southern Districts of Ohio have re- Thanks to that designation, our law in 2018 tested double the amount of cently weighed in and told me what is enforcement officials have been better methamphetamine samples as they had going on in terms of this mixing of co- able to protect our communities by in 2017 and triple the amount from 2016. caine and crystal meth with fentanyl. seizing and destroying this fentanyl-re- So crystal meth is, unfortunately, They say it is a crisis. Preliminary lated substance because it is illegal. making a resurgence in our commu- data from Cuyahoga County, which is We had a real problem in the last nities. in Cleveland, OH, suggested about 45 couple of months here in Congress be- By the way, you may remember in percent of the fatal overdoses in the cause, as of early this month—just last the past couple of decades in your com- county last year were associated with week—that scheduling of those analogs munity you heard about these meth cocaine, much of that mixed with expired, and we almost had a situation houses, where people would be cooking fentanyl. By the way, that is twice the where these drugs were going to be- come illegal. Thank goodness, at the meth, literally, in a home or in a trail- amount of heroin overdoses over that last minute, we stepped in, and we pro- er or in the basement and causing envi- same time period from the previous vided a temporary extension; other- ronmental concerns and so on. You year, which shows how, again, the wise, again, last week, we would have don’t hear about that anymore. Do you frontlines of addiction have shifted, know why? It is because crystal meth had a real crisis. partly in response to our successes on Unfortunately, the temporary exten- coming straight from Mexico is so pow- the opioid front. sion, like so much stuff around here, erful and so cheap that people don’t We are hearing similar things in the was kind of kicking the can down the have to make it at home anymore. Southern District of Ohio, where more road. So in May of next year—just a That is a bad thing because this has ex- than a third of overdose deaths are year and a few months from now— panded to the people who have become from cocaine and fentanyl, where they again, it is going to expire. addicted to methamphetamine because just had 10 overdose deaths from the I strongly urge my colleagues to join of this powerful crystal meth. combination of fentanyl and cocaine in me, Senator MANCHIN, and others on Today I met with law enforcement the last several days. both sides of the aisle in passing legis- officers from around the State of Ohio. I met with the Columbus, OH, police lation that puts these analogs on the The FOP was in town, the Fraternal chief, Tom Quinlan, on Friday, in the schedule, making them illegal perma- Order of Police. Many of my colleagues middle of a spike there, a spike in over- nently. It should be permanent. The met with them. They confirmed this dose deaths that they have seen from legislation is called the FIGHT troubling trend. They told me that the this mixture. In the first 10 days of Fentanyl Act. Again, it just codifies crystal meth and the cocaine, because February, this month, Columbus, OH, what the DEA has done but also gives they are psychostimulants, are much Franklin County, had 28 overdose them the flexibility to be able to more difficult for them to deal with deaths involving some combination of schedule new things, as, again, these and puts their lives and their safety fentanyl and cocaine—28 in 10 days. scientists come up with ways to slight- more at risk, as well as the citizens I was actually in Columbus on Satur- ly alter the molecular compounds for whom they are there to protect. Why? day, a day in which five people died these incredibly dangerous and deadly Because it causes a more violent reac- from overdoses of a mixture of fentanyl drugs. tion. and cocaine. By the way, our legislation has Think about it. With heroin, with Just yesterday, the Columbus police strong bipartisan support but also has other opioids, prescription drugs, informed me that in one drug bust, the support of every single attorney fentanyl, people talk about the nodding they seized over 200 grams of cocaine general in every State in America and effect. It calms people more. Whereas, and nearly 2 kilograms of fentanyl. six territories. Fifty-six of our attor- with heroin, with cocaine, and with the That is enough to kill about 1 million neys general have come forward and other psychostimulants, like crystal people. endorsed our bill, and I thank them for meth, it makes people more agitated Again, we have made some progress that. and more violent. We have seen not on the opioid front, no question about Let’s do that. Let’s push back just more assaults on individuals but it. We have made progress in terms of against these deadly copycats of more violent crime overall coming out the overprescribing of prescription fentanyl and be sure that our commu- of this. So it is a shift that is impact- drugs, but, unfortunately, my col- nities are just a little bit safer. ing our police officers and our citizens, leagues, this issue is not going away. Again, we have made a lot of progress as well, in terms of increased violent The more flexible funding we got in at in the fight, but as we have seen, addic- crime. the end of the year is important, and tion—not a particular drug but addic- I am really pleased to say that the we will begin to see that take effect tion—is really the crisis we face. As we legislation we passed in December— here over the next several months—it have made progress against opioids, in- just about a month and a half ago—re- is just being implemented now—but we cluding an unprecedented Federal re- sponded to this issue of the increase in have to deal with it. sponse here—and I appreciate that very meth and cocaine. It is because it in- The other thing we have to deal with much—we now see the playing field cluded our legislation called the Com- in terms of fentanyl is being sure that changing. We see these bating Meth and Cocaine Act. It is a some evil scientist doesn’t slightly psychostimulants like cocaine and really important bill. Basically, what change the molecular compound of crystal meth making a comeback. We it says is, let’s give local communities fentanyl, making it an analog of see this mixing with fentanyl.

VerDate Sep 11 2014 04:11 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.061 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1033 Again, the funding bill passed last The PRESIDING OFFICER. The Sen- subsequent so-called maximum pres- year will help as it begins to imple- ator from Hawaii. sure campaign has exposed the United ment these changes. We need to be sure S.J. RES. 68 States to enormous risk. We have seen that the FIGHT Fentanyl legislation is Ms. HIRONO. Mr. President, the Con- the consequences almost every day for passed, and we need to be sure that we stitution vests Congress with the the past 2 years as Donald Trump has continue the funding. It is easy to say: power to declare war and ultimately to engaged in an escalating and increas- Well, this crisis is better; let’s move authorize the use of military force in ingly violent tit-for-tat with Iran. on. We have to keep our eye on the order to provide a critical check on a The President’s chaotic escalation ball. President’s decision to deploy troops culminated with his impulsive and in- So I thank my colleagues as we go overseas. Congress has for too long ab- credibly risky decision to target and through the funding process again, but dicated this responsibility in deference kill high-level Iranian and Iraqi mili- we have to keep the funding for the to Presidents from both parties. tary officials, including Iranian Gen- CARA legislation and others. Presidents have used a broad inter- eral Soleimani, on Iraqi soil. We also have a new bill called CARA pretation of the 2001 and 2002 author- The question before us is not whether General Soleimani deserved this fate. 2.0, so Comprehensive Addiction and izations for the use of military force to He was a loathsome figure who was re- Recovery Act 2.0, and it expands the justify American military interven- sponsible for killing many U.S. service- reach of these evidence-based programs tions in far-flung theaters such as members and for orchestrating ter- we are talking about, particularly Yemen and North Africa. I have sup- rorism throughout the Middle East. longer term recovery programs, be- ported bipartisan efforts to revisit The question before us is whether car- cause we have learned that it is so crit- these authorizations because nearly 20 rying out this risky and provocative ical to actually get somebody into re- years later, they are still being used to act made the United States and the covery and keep them in recovery for a justify action unforeseen by the Con- Middle East safer or more secure. It long enough time so they don’t relapse. gress that initially approved them. has not. In that legislation, we also have im- This effort has become more urgent portant legislation with regard to Over the past month, the con- as this President’s reckless, impulsive sequences of the President’s impulsive opioid prescriptions because that is actions are bringing us precipitously still a problem. We say that there actions have become clearer. We now close to war with Iran. Contrary to know President Trump directed the at- should be a limit of 3 days for acute whatever he says, Donald Trump’s Iran tack without notifying leaders in Con- pain—not for chronic pain but for policy has not made us safer. In fact, gress or our Iraqi partners or even our acute pain, limit it to 3 days. That his Iran policy has undermined Amer- allies who have troops positioned in comes from a recommendation by the ica’s national security, isolated the Iraq. He ordered the attack without Centers for Disease Control and Pre- United States from our allies, put the preparing for what came next, exposing vention but also from the FDA. safety of American troops at risk, and, the United States to further hostilities I have heard from too many fami- yes, brought us closer to war. without a plan for how to deescalate lies—like the young man I heard from To understand how we arrived at this tensions. this morning—about someone whose moment and why Congress needs to After Iran retaliated with a coordi- child has become addicted because the act, we should begin by evaluating the nated missile strike on American mili- doctor gave them too many opioids. By consequences of the President’s mis- tary infrastructure in Iraq, the Presi- the way, I now know several families guided and dangerous decision to with- dent was quick to reassure the public whose son or daughter was given draw from the Iran nuclear deal. that no American soldiers were harmed opioids when he or she had a wisdom By all accounts, the administration in the counterattack. We now know tooth removed, which apparently is one inherited a deal that was working, one this was a lie. After weeks of denials— of the top two or three most common painstakingly negotiated over many or even comments from the President procedures in America. Doctors and months with the UK, France, Germany, that some troops were suffering from dentists are still giving these kids Russia, China, and Iran. ‘‘headaches’’—the Pentagon on Monday opioids. I think that is wrong, and I It bears repeating. The deal explic- finally acknowledged that 109 service- think that should be stopped alto- itly stated in its first paragraph that members suffered traumatic brain inju- gether. In the meantime, 3 days is a ‘‘Iran reaffirms that under no cir- ries in the Iranian attack. For the sensible limit. A doctor can always pre- cumstances will Iran ever seek, develop President of the United States to make scribe more if you have an issue. And I or acquire any nuclear weapons,’’ and light of these serious injuries—injuries think there are proper exceptions for it put a comprehensive, intrusive, and that, in many cases, may impact these chronic pain. verifiable enforcement mechanism in soldiers for the rest of their lives—is I think our legislation would make a place to achieve this objective. It unconscionable and dishonors the serv- big difference. It also has a prescrip- blocks pathways Iran would need to ice and sacrifices made every day by tion drug monitoring program, which produce the highly enriched uranium our men and women in uniform. would require States to make their or plutonium it would take to produce In a sign that tensions continue to monitoring programs and their data a nuclear weapon. Under the verifica- escalate, the President has deployed available in other States because peo- tion regime created by the deal, inter- more than 14,000 additional service- ple go from State to State to get these national inspectors from the Inter- members to the Middle East in the prescription pain pills. This would help national Atomic Energy Agency, the wake of the strike on General against overprescribing, making sure IAEA, were afforded extensive access Soleimani, exposing even more Ameri- people are treated as soon as possible within Iran to ensure their compliance. cans to potential retaliation from Iran and identified. The Iran nuclear deal was reached or its regional proxies. These develop- I urge my colleagues who are not yet through tough, principled diplomacy. ments further reinforce our conclusion cosponsors of any of these bills—the These negotiations culminated in an that President Trump did not give FIGHT Fentanyl bill and the CARA 2.0 agreement that world leaders could much thought to the consequences of bill—to help us and to join us in re- credibly declare would prevent Iran his actions. sponding to this ever-evolving chal- from ever obtaining nuclear weapons. The administration has provided lenge we have, which is not just an In May 2018, President Trump reck- ever-evolving and very troubling after- opioid problem; it is an addiction prob- lessly undermined our credibility and the-fact explanations that fail to as- lem. Every State represented in this isolated the United States from our al- suage our concerns about this impul- Chamber is affected by this epidemic, lies by unilaterally withdrawing from sive decision. Only a few weeks ago, and these two bills at least provide us the Iran nuclear deal. It is important the President tweeted in all caps that an opportunity to continue to give law to emphasize that Iran was in compli- ‘‘Iran will never have a nuclear weap- enforcement the tools they need to ance with the agreement when the on.’’ Given that the President tore up give our communities the help they President tore it up. the Iran nuclear deal which would have need to be able to overcome this crisis. Our unilateral withdrawal from the prevented Iran from ever getting a nu- I yield the floor. agreement and the administration’s clear weapon, one cannot help but

VerDate Sep 11 2014 04:11 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.063 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1034 CONGRESSIONAL RECORD — SENATE February 12, 2020 question where this bellicose rhetoric But just as alarming as the lack of and sailors whose lives will be in is coming from and what it portends. legal authorization for war, is the harm’s way, as well as themselves. It The American people have made it Trump administration’s lack of strat- gives a voice to the experts in this explicitly clear that they do not want egy. It isn’t that we have a dangerous body who may have a perspective and a to go to war with Iran, especially if policy toward Iran. It is that we have wisdom on these topics. That is a use- war is the result of the President’s no policy, no strategy, and no ful check on the executive branch. reckless and impulsive actions. It is endgame, which is the most dangerous Let us not forget that military ac- therefore imperative that Congress ex- situation of all. tions conducted without a strategy and ercise its exclusive—exclusive—war I am pleased that we have deesca- without the consent of the American powers under article I of the Constitu- lated the dramatic rise in tensions be- people have real consequences for all tion to prevent this President from tween Iran and the United States, who serve our Nation in uniform. launching a disastrous war with Iran. which well serves the interests of both We continue to hear reports about In normal times, we could have con- countries. We must continue the poten- the number of troops who have suffered fidence during a crisis like this that tial for reducing, not escalating, mili- brain injuries in the Iran strike against the President of the United States tary tensions, but President Trump’s Iraq military bases. The total is now would mobilize a whole-of-government reckless actions that brought us so up to 109 American servicemembers. response to this crisis, and in normal close to military conflict are still in The President of the United States has times, the President would lead our al- play. We need to continue to deesca- minimized those kinds of injuries as lies and the international community late, not raise, the level of tension, if headaches, but, in fact, traumatic in seeking a diplomatic outcome to our possible. brain injury—concussion, post-trau- escalating tensions with Iran, but These kinds of reckless actions, in matic stress—are among the most these are not normal times. fact, brought us close to expulsion painful and damaging wounds of war, Congress must reassert its constitu- from Iraq and halted key training exer- in part because they are invisible and tional authority by demanding the cises with our allies in the counter- they are sometimes minimized. President seek explicit authorization ISIS mission. As is the case with most So let us never forget the con- prior to any military action against of the Trump administration’s military sequences of war—the consequences to Iran. I urge my colleagues to join me in strategy—or lack of it—we are just our economy, to our faith in American supporting Senator TIM KAINE’s War lurching from one crisis to another, democracy, to the credibility of our Powers Resolution tomorrow. with no objectives, no means to an end, leaders, to our people in lives lost and I yield the floor. no decision on ending, all putting our damaged. That is true especially of a The PRESIDING OFFICER. The Sen- security and our allies at grave risk. war that has never been authorized by ator from Connecticut. Congress, not to its credit, has failed to Congress and fails to have the support Mr. BLUMENTHAL. Mr. President, I conduct critical public oversight that of the American people. am pleased to join my colleagues, is necessary to hold the administration That is why this vote is so important many of whom have spoken already in accountable and to insist on a strat- today. There are many, many reasons support of S.J. Res. 68, which I am egy, an endgame, a set of objectives. to vote in favor of S.J. Res. 68. I call on proud to cosponsor. It prohibits an un- The Trump administration has kept my colleagues to send a clear, unmis- authorized, unconstitutional war with Congress and the American people in takable message to this administra- Iran. It seeks to prevent the Trump ad- the dark under the guise of classifica- tion: You do not have congressional au- ministration from stumbling into a tion. I will say, on a personal note, thorization, you do not have the sup- real and reckless military conflict. I that at the end of so many of our clas- port of the American people, and you want to thank bipartisan colleagues sified briefings in the SCIF, I will say do not have permission from this Con- who have provided leadership in this ef- to a military officer or to an intel- gress, under the Constitution, to wage fort, and it has been truly bipartisan as ligence community representative: Our war or to begin it against Iran. an effort. I appreciate their efforts and adversaries and our enemies know I yield the floor. from many other colleagues to reassert what you have just told us because you I suggest the absence of a quorum. our constitutional war powers and to are telling us about what they are The PRESIDING OFFICER. The represent the will of the American peo- doing. And they know we know, and we clerk will call the roll. ple. know they know. In fact, they know a The legislative clerk proceeded to Americans do not want a new war. great deal about what we are doing. call the roll. They do not want another endless mili- The only ones who don’t know are the Mr. MERKLEY. Mr. President, I ask tary conflict that harms our national American people. They are kept in the unanimous consent that the order for interests without protecting our na- dark. the quorum call be rescinded. tional security. The Constitution The Trump administration cannot The PRESIDING OFFICER. Without trumps any statute. Without congres- wage war while hiding behind classi- objection, it is so ordered. sional authorization and anything fication gag orders behind closed doors. Mr. MERKLEY. Mr. President, I am short of a declaration of war from the The Trump administration tried to proud to rise in support of S.J. Res. 68, Congress, starting a war with Iran make the claim that there was an ‘‘im- the Kaine-Lee resolution to ‘‘remove would be unconstitutional. minent threat’’ to justify the strike United States Armed Forces from hos- Congress did not authorize war with against Soleimani. I disagree. The tilities against the Islamic Republic of Iran when it passed an authorization to Trump administration failed to provide Iran or any part of its government or use force against al-Qaida more than 18 the evidence in any setting, classified military.’’ years ago in the wake of 9/11. Congress or not, to support this claim, and the This resolution is crucial at a mo- did not authorize war with Iran when it American people deserve to know our mentous moment in our Nation’s his- passed an authorization to use military path forward with Iran. tory. As U.S. Senators, we are no force against Saddam Hussein’s regime There is no conceivable reason that strangers to tough decisions. When this in 2002. Very simply, Congress has not our goals must be kept secret from institution is functioning properly, we authorized war with Iran in any way, Members of Congress or the people we make such decisions all the time. shape, or legal form. represent, and we certainly must pre- There are tough questions, and we The President’s authorizations for vent a reckless administration from make tough decisions on which pro- use of military force in no way cover pursuing a war when it is unwilling to grams to fund or on who sits in judg- starting a new war with Iran. We can- account to the American people. In ment over their fellow citizens on the not let the intent of either of those au- short, there is a fundamental purpose Federal bench or on issues of civil thorizations to be so distorted and that is served by a declaration of war. rights or equality or fairness. Yet, stretched as to be a pretense for such a It gives the people who will have to without doubt, the most difficult deci- war. That is why this resolution is so sacrifice in that war a voice in the de- sion any Senator will ever face is important. I urge my colleagues to cision. We represent those people—the whether to authorize war—whether to, vote in favor of it tomorrow. families of soldiers, marines, airmen, through such authorization, open the

VerDate Sep 11 2014 04:11 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.064 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1035 gates to send the men and women of to any scholars’ opinion but to this We made a deal with Iran of eco- our Armed Forces into harm’s way. document, which vests its power in this nomic assistance to Iran if they aban- It is a solemn responsibility that all body, not in the President of the doned their nuclear program. They of us here take very seriously, and it is United States. abandoned the nuclear program, and a responsibility that the Founding Fa- For too long, Congress has allowed a the inspectors certified they had aban- thers intended to rest solely here in steady expansion of the exercise of doned it. Then, we have broken the the Congress of the United States of military power without authoriza- deal, and we have tightened the sanc- America, not down Pennsylvania Ave- tion—without a declaration of war tions, making life very difficult for the nue, in the White House, not in the from Congress. So this is one of those people of Iran. hands of any one person sitting in the rare moments in which we are standing Iran launched rockets at our forces Oval Office. up to say: No. Any decision to conduct inside of Iraq, and the United States At the Constitutional Convention in war against Iran needs to come in ac- responded and attacked militias spon- 1787, George Mason, a delegate from cordance with the Constitution, in ac- sored by Iran, killing a good score of Virginia, said he was ‘‘against giving cordance with the War Powers Act, in Iranians in the process and assassi- the power of war to the executive’’ be- accordance with the decision and de- nating an Iranian general. Iran re- cause the President ‘‘is not safely to be bate that would occur here. sponded with ballistic missiles attacks trusted with it.’’ S.J. Res. 68 lays out what the War at the U.S. forces in Iraq, injuring, at In speaking to the Pennsylvania rati- Powers Act reads, which is, ‘‘At any this moment, an estimated 100 U.S. fying convention that same year, time that United States Armed Forces forces—a cycle of provocation and es- James Wilson stated: are engaged in hostilities outside the calation. This system will not hurry us into war; it territory of the United States, its pos- We are on the edge of war. We are in- is calculated to guard against it. It will not sessions and territories without a dec- volved in hostilities that have not been be in the power of a single man, or a single laration of war or specific statutory authorized, and the Constitution essen- body of men [such as just the Senate or just authorization, such forces shall be re- tially says, in this situation, it is the House], to involve us in such distress, for moved by the President if the Congress Congress’s responsibility to debate and the important power of declaring war is vest- so directs.’’ This is a debate over wrestle with whether to unleash our ed in the legislature at large. whether the Congress should so direct. forces against Iran. So let’s carry that James Madison, the ‘‘Father of the Indeed, it also lays out in this docu- responsibility, and as we do so, let’s Constitution,’’ wrote to Thomas Jeffer- ment the vision of our Constitution think how close we were to a third son in 1798: and reads that the question of whether major war in the Middle East. The Constitution supposes, what the His- U.S. forces should be engaged in hos- We had a war and are still at war in tory of all Governments demonstrates, that tilities against Iran should be answered Afghanistan. Now, the authorization the Executive is the branch of power most following a full briefing to Congress for the use of military force in regard interested in war, and most prone to it. It and the American public of the issues has accordingly with studied care vested the to Afghanistan was very narrowly tai- question of war to the Legislature. at stake—a public debate in Congress lored. That authorization said that our and a congressional vote as con- All of these comments and so many forces are authorized to attack those templated by the Constitution. who attacked us on 9/11 and those who more are about the gravity of deciding This resolution does not read that to go to war—deciding on whether hun- harbor those forces. Congress will not debate the issue; it It is now as if that AUMF had lan- dreds or thousands or tens of thousands reads that Congress should debate the guage added to it, language which es- will walk into the face of danger, suffer issue if the President so requests and sentially said and: any other group we injuries, suffer death. Questions about come to a decision as to whether to disagree with in the world. The words war are questions of great human ca- open the gates of our Nation to war. It that are often quoted as being part of lamity that cannot be taken lightly. then proceeds to do exactly what the that AUMF are ‘‘and related forces.’’ They cannot be taken at the spur of War Powers Act provides for, which is But do you know what? That lan- the moment. They cannot be taken to ‘‘[direct] the President to terminate guage isn’t in that AUMF. This Con- with the judgment of a single indi- the use of United States Armed Forces gress gave a very, very narrow assign- vidual. from hostilities against the Islamic Re- ment for the authorization of force, Our Founders noted that the decision public of Iran or any part of the gov- and it has been expanded massively. We should not be by any single President, ernment or military unless explicitly could debate whether or not that au- not by a particular individual. This is authorized by a declaration of war or a thorization has been stretched to the not about the individual in the Oval Of- specific Authorization for Use of Mili- breaking point. I think it has. I think fice at this moment; it is about the tary Force.’’ it has been abused. It has been mis- Founders’ vision that it should be the This is all about the vision of our used, and it dishonors the fact that collective decision of Congress, rep- Constitution. Are we going to support Congress was so specific with that au- resenting the people of the United it? Are we going to say no to this war- thorization. States, to weigh this question of na- fare unless it is authorized as envi- The result is that here we are, 19 tional defense—whether or not we sioned by the Constitution or are we years later. We didn’t pursue a simple should send our sons and now our going to say, ‘‘No. We don’t want the mission of taking out the training daughters into harm’s way in a mili- burden of that responsibility. It is a camps. We pursued a mission that has tary fashion, where many will be in- tough decision to make. We are not cost this Nation $1 trillion and thou- jured and many will die. It is an issue sure we will get it right, so we will just sands of our sons and daughters and of the National Treasury as well be- let the executive do what he wants tens of thousands with lifetime inju- cause the cost of war is a huge cost in even though the Constitution says no’’? ries. blood and a huge cost in injuries and a Let us honor the vision of the Con- So we have that war. We know what huge cost to the Treasury. That is why stitution. Let us support this that is kind of damage and costs there can be this responsibility was placed with us before us. Let us ponder how easy it is to an ill-considered strategy. and with the House of Representatives. for there to be a cycle of provocation, Then, we have the war we had In this Constitution—and all Sen- an escalation. We have seen that in against Iraq and authorized by a 2002 ators here probably have one in their Iran. Iran is not a friendly power to the authorization for use of military force, desks—one just simply has to look in United States of America. Iran has or AUMF, and this was also very nar- article I, section 8, which is where that been involved in activities that we rowly crafted. The President is author- specific responsibility is given to us, greatly oppose in its supporting forces ized to use the Armed Forces of the not to the President, not to the execu- in Syria, in Lebanon, and Yemen; in its United States as he determines to be tive. Upon coming into this body, we developing ballistic missiles; in its cre- necessary and appropriate in order to did swear an oath to this Constitution, ating concerns inside of its neighbor defend the national security of the not to some vision of our personal de- Iraq with its Iranian militias. The United States against the continuing sire that maybe a President would be United States has been involved in this threat posed by Iraq—not posed by any- better at making this decision and not cycle of provocation and escalation. one else, just by Iraq—and to enforce

VerDate Sep 11 2014 04:11 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.067 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1036 CONGRESSIONAL RECORD — SENATE February 12, 2020 the relevant United Nations Security tion do what the Constitution de- directed at entities designated as foreign ter- Council resolutions regarding Iraq— mands, which is to place the question rorist organizations under section 219 of the very, very specific. of going to war with Iran with this Immigration and Nationality Act (8 U.S.C. Now, the administration is arguing body. 1189),’’ after ‘‘or military,’’. that this AUMF from 2002, about Iraq, The PRESIDING OFFICER (Mr. AMENDMENT NO. 1314 provides authority to go to war against GARDNER). The Senator from North Da- (Purpose: To amend the findings) Iran. It is just like the stretching of kota. On page 1, between lines 7 and 8, insert the the 2001 AUMF that said go after those ORDER OF BUSINESS following: who harbored the 9/11 terrorists but has Mr. CRAMER. Mr. President, I ask (2) The President has a constitutional re- been stretched to go after other groups unanimous consent that the only first- sponsibility to take actions to defend the United States, its territories, possessions, all over the world. degree amendments in order to S. J. citizens, service members, and diplomats But in both these cases, it was an au- Res. 68 be the following: 1301, 1322, 1305, from attack. thorization. Congress did debate. Yes, 1314, 1320, and 1319; I further ask that AMENDMENT NO. 1320 they have been abused after they were no second-degree amendments be in (Purpose: To amend the findings) passed, but what there wasn’t was an order to the amendments listed, with open door without Congress involved. the exception of amendment No. 1319; In section 1, strike paragraph (6) and insert So we must do our job here and real- the following: that the Senate vote in relation to the (6) The United States Armed Forces are ize the gravity of these conflicts and amendments in the order listed at 10:30 not currently engaged in hostilities, as con- get the full, extensive information and a.m. tomorrow; and that there be 2 templated by the War Powers Resolution, make sure there is no fake news in that minutes of debate, equally divided, against Iran. The United States strike information. prior to each vote. Further, I ask unan- against terrorist leader Qasem Soleimani to On the Iraq AUMF, this body oper- imous consent that all debate time on protect the lives of United States service ated on the solemn guarantee that S.J. Res. 68 expire at 1:45 p.m. tomor- members and diplomats is lesser in scope, there were weapons of mass destruc- row, with the last 40 minutes, equally nature, and duration than, and consistent tion being developed by Iraq. It proved with, previous administrations’ exercises of divided, under the control of Senators war powers. out to be false. RISCH, INHOFE, MENENDEZ, and KAINE; (7) The United States’ maximum pressure So when we do hold the debate over and finally, that upon use or yielding strategy against Iran has reduced the Gov- Iran, let’s make sure we get the abso- back of that time, the joint resolution ernment of Iran’s resources available to at- lutely honest intelligence, not the spin, be read a third time and the Senate tack the United States and United States in- not the cherry-picked intelligence, not vote on passage of the joint resolution, terests by limiting the resources available to partial, not selected to drive a conclu- as amended, if amended, with no inter- the Government of Iran to support weapons sion—the honest, fully honest, situa- vening action or debate. development and terrorist proxies through- tion of our activities and their activi- The PRESIDING OFFICER. Is there out the region. ties and the threats that they pose. objection? AMENDMENT NO. 1319 That is the responsibility we have— Without objection, it is so ordered. (Purpose: To amend the rule of construction) to make sure that the information we AMENDMENT NOS. 1301, 1322, 1305, 1314, 1320, AND In section 2, amend subsection (b) to read wrestle with is absolutely accurate and 1319, EN BLOC as follows: then to weigh the heavy cost of dif- Mr. CRAMER. Mr. President, I ask (b) RULE OF CONSTRUCTION.—Nothing in ferent strategies that may or may not unanimous consent that the amend- this section shall be construed— involve force before we vote for force. ments listed be called up by number en (1) to prevent the United States from de- fending itself, including its territories, citi- It is a big responsibility, and I have bloc. zens, troops, personnel, military bases, and heard Members of this Chamber say: The PRESIDING OFFICER. Without diplomatic facilities from attack, including You know what; it is such a tough deci- objection, it is so ordered. acting to prevent an attack; or sion. What if I get it wrong? Let’s just The clerk will report the amend- (2) to restrict missions related to force pro- let the Executive make that decision. ments by number, en bloc. tection of United States aircraft, ships, or If I misjudge it and don’t vote to go to The senior assistant legislative clerk personnel. war and, for example, maybe there read as follows: f were those weapons of mass destruc- The Senator from North Dakota [Mr. MORNING BUSINESS tion equivalent to Iraq, I don’t want to CRAMER], for other Senators, proposes make that mistake, and people back amendments numbered 1301, 1322, 1305, 1314, Mr. CRAMER. Mr. President, I ask 1320, and 1319. home will not like it if I make that unanimous consent that the Senate be mistake. If I vote to go to war and the The amendments are as follows: in a period of morning business, with information is wrong and the strategy AMENDMENT NO. 1301 Senators permitted to speak therein is wrong, well, then, people back home (Purpose: To amend the findings) for up to 10 minutes each. won’t like that either. In section 1, insert after paragraph (3) the The PRESIDING OFFICER. Without So let’s just ignore the Constitution. following: objection, it is so ordered. Let’s just ignore our oath to the Con- (4) Members of the United States Armed Forces and intelligence community, and all f stitution. Let’s just let the person those involved in the planning of the Janu- THE CORONAVIRUS OUTBREAK down Pennsylvania Avenue do what he ary 2, 2020, strike on Qasem Soleimani, in- AND PANDEMIC PREPAREDNESS wants because we don’t like the burden cluding President Donald J. Trump, should imposed on us by this document that be commended for their efforts in a success- Mr. LEAHY. Mr. President, since says that issue has to be debated here. ful mission. first emerging in Wuhan, China, on De- The decision to use force has to be AMENDMENT NO. 1322 cember 31, the outbreak of a new debated and decided here, not there, be- (Purpose: To amend the findings) coronavirus, COVID–19, ‘‘novel cause it is too big a question to leave On page 2, between lines 23 and 24, insert coronavirus’’, has spread to 25 coun- to a single individual. the following: tries, infected more than 44,000 people, Our Constitution starts out with (5) More than 100 members of the United caused at least 1,100 deaths, forced en- these words: ‘‘We the people.’’ They did States Armed Forces sustained traumatic tire cities into lockdown, triggered not want to create a King. They did not brain injuries in the Iranian retaliatory at- hundreds of international flight want to create an imperial Presidency tack on the Ain al-Assad air base in Iraq de- cancelations, restricted hundreds of spite initial reports that no casualties were that acted like a King. They wanted a sustained in the attack. Americans to U.S. military bases in Federal Government quarantine, and nation run of, by, and for the people. AMENDMENT NO. 1305 The question of war is our responsi- caused significant economic harm to (Purpose: To exempt from the termination bility. We must make the decision requirement United States Armed Forces countries and businesses around the here, and that is why I urge my col- engaged in operations directed at des- globe, all this in only 6 weeks, with no leagues to take and say yes, we will ignated terrorist organizations) end in sight. vote for this S.J. Res. 68 because it On page 4, line 14, insert ‘‘except United The virus has infected and killed says we are demanding the administra- States Armed Forces engaged in operations more people and has done so faster

VerDate Sep 11 2014 04:11 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.068 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1037 than the SARS outbreak in China in programs. It is a reckless game of Rus- and develop new diagnostics, treat- the early 2000s, which infected 8,098 sian roulette with a global threat we ments, and preventive strategies, in- people and caused 774 deaths world- absolutely must prepare for. Yester- cluding vaccines, which can be de- wide. The World Health Organization— day, it was SARS, then it was Ebola; ployed to protect and treat people WHO—has formally declared a public today, it is Ebola again and a worldwide. health emergency of international con- coronavirus. Tomorrow, it may be Yet, in the midst of the novel cern—the sixth such declaration since something that is even deadlier and coronavirus emergency, the President’s 2009—and the outbreak will get worse, spreads even faster. Fortunately for budget would cut $3.1 billion from NIH possibly far worse, before it gets bet- the American people, Congress has re- and assumes the reduction is spread ter. jected those cuts in the past and in- across-the-board to all 27 Institutes While the novel coronavirus outbreak creased funding for most global health and Centers, including NIAID. Slashing is alarming and is creating fear around programs, and I am confident we will infectious disease research programs the world, it should not be surprising. do the same this year, but far more threatens our ability to develop better Scientists, epidemiologists, and needs to be done. therapeutics and vaccines for high pri- other global health experts have for Funding for pandemic preparedness ority pathogens, as well as the rapid years warned that infectious disease at the Centers for Disease Control and development of medical counter- outbreaks will continue to occur more Prevention, USAID, National Insti- measures against emerging infectious frequently and cause greater harm, and tutes of Health, Department of Health diseases, like the coronavirus, when that most emerging viruses will spread and Human Services, and other Federal they arise. from animals to humans. Such agencies that play an indispensable The President’s budget features simi- zoonotic viruses are increasingly com- role in preparing for and responding to lar dangerous cuts to CDC programs mon as human activity, including pop- outbreaks should be significantly in- that have been pivotal in combating ulation growth and expanding human creased, not forced to cut programs and the novel coronavirus response, pro- encroachment into wildlife habitat, in- personnel as the administration has posing a $693 million overall decrease creases contact between animals and proposed. It makes no sense to be from fiscal year 2020. Although the ad- humans, which is what happened in shortchanging the agencies and pro- ministration touts its $175 million pro- Wuhan. grams we all depend on to protect pub- posal for Global Health Security in fis- The coronavirus strain threatening lic health, keep our ports of entry cal year 2021, it simultaneously cuts al- us today is believed to have emerged open, and keep our commerce flowing. most $100 million from other crucial from a bat, and potentially passed Pandemic response is critical, but global health investments, including in through another animal before infect- often, by then, it is too late. We can global HIV/AIDS, global polio eradi- ing humans in a live-animal market. and must do more to proactively re- cation, global immunization, and the Such animal markets, which in China duce pandemic risk. One approach I global public health capacity and de- and many other countries include bats, have urged is for a global viral dis- velopment programs. This is short- rats, birds, porcupines, and other ani- covery effort. Such a concept was prov- sighted and dangerous. mals infected with viruses, are sources en successful through USAID’s PRE- The President’s budget proposes only of protein for hungry humans, but also DICT program, which used the collec- $50 million, a $35 million decrease com- serve as breeding grounds for zoonotic tion and analysis of wildlife samples in pared to fiscal year 2020, for CDC’s In- diseases. areas of the world most at risk for fectious Disease Rapid Response Re- Scientists estimate that there are zoonotic disease to identify new emerg- serve Fund—IDRRRF—which has more than 1.6 million unknown viral ing viruses with pandemic potential. served as the primary source of funding disease species in mammalian and PREDICT was able to discover hun- for responding to the novel coronavirus avian populations, of which an esti- dreds of disease pathogens at their outbreak. This risks potentially under- mated 600,000 to 850,000 have the poten- source, rather than waiting for human mining the agency’s ability to access tial to infect humans. As we saw dur- infection. funding to initiate an early and rapid ing SARS, Ebola, and MERS and are In China, the PREDICT program response to emerging pandemic threats now seeing once again, infectious dis- sampled more than 10,000 bats and like novel coronavirus when the U.S. is ease outbreaks threaten not only identified more than 500 new faced with a public health emergency. human health but also cause economic coronaviruses, including a strain that The administration also proposes an harm and social upheaval. is a 96 percent match to the 2019 novel $85 million cut to the CDC’s Center on We should all be asking whether we, coronavirus strain. The known exist- Emerging and Zoonotic Infectious Dis- the United States and the inter- ence of and readily available data on ease and a $25 million cut to the Public national community, are doing enough such a close relative is one reason Health Preparedness and Response Pro- to combat and prepare for this known China was able to quickly sequence the gram. and escalating threat. It seems obvious novel strain and identify the animal Slashing these programs weakens that we are not. source of the outbreak. CDC’s ability to provide rapid sci- In fact, while the President and Sec- As the 10-year PREDICT program entific support during outbreaks of in- retary of State have repeatedly said comes to an end this year, USAID is fectious disease, maintain support for that protecting the health and safety working to design the next phase of global health programs that build core of American citizens is their highest programming to build on the successful public health capabilities and bolster priority, that is not borne out by the analytical and modeling work dem- frontline preparedness internationally, facts. The American people should be onstrated through PREDICT. Others in and ensure that State and local health aware that the Trump administration the international community should departments are ready to handle many has consistently proposed cuts in fund- use the lessons learned and techniques different types of emergencies that ing for the very programs designed to proven through PREDICT to inform threaten the health and resilience of help prevent outbreaks and contain the their own efforts. families, communities, and the Nation, spread of infectious diseases like the Investing in biomedical research fo- Thus, while the White House named its novel coronavirus. Even in the Presi- cused on infectious disease is another fiscal year 2021 budget A Budget for dent’s fiscal year 2021 budget request crucial, proactive step to reducing pan- America’s Future, it is anything but sent to Congress this week, in the demic risk. The NIH’s National Insti- that. There is no better example of midst of a deadly infectious disease tute of Allergy and Infectious Dis- where this Administration’s rhetoric outbreak that will almost certainly be- eases—NIAID—has a unique mandate clashes with reality than the drastic come a global pandemic, the adminis- to conduct and support basic and ap- cuts they propose to the very programs tration has proposed to pay less than plied research on established infectious that protect the American people from half of what the U.S. owes WHO, in ad- diseases and also to quickly launch a deadly communicative diseases. dition to requesting a 10 percent cut to research response to newly emerging I continue to urge USAID, other Fed- U.S. Agency for International Develop- and reemerging infectious threats. eral agencies, the White House, and ment—USAID—pandemic preparedness With NIAID support, scientists design Members of Congress to support a more

VerDate Sep 11 2014 04:11 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.024 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1038 CONGRESSIONAL RECORD — SENATE February 12, 2020 proactive approach to reducing pan- sity of Arkansas prior to earning his family, he was instilled with a strong demic risk. Today, we are struggling to MBA in 1973. Upon leaving school, he work ethic that served him well. control outbreaks of Ebola and the was hired as a loan officer at Worthen Though the family business began in novel coronavirus, and while we don’t Bank in Little Rock. A few years later, 1949, he began his career with Nabholz know which viruses will next attack Rutledge took a gamble in purchasing Construction after graduating from us, we do know it is not a matter of it: First Security Bank, which at the time Conway’s St. Joseph High School in but when, and we must do everything had only three branches and $46 million 1954. we can to prepare. The more informa- in assets. Under his leadership, the He began his career with the com- tion we have about potential zoonotic small Searcy, AR, bank grew into a $5.9 pany as a laborer. Eventually, Nabholz viruses, the better able we will be to billion dollar holding company with founded and managed Con-Ark build- respond. The stakes are immense. over 77 locations across 17 counties and ers, a company that would later merge Thousands, tens of thousands, hundreds 34 communities, with more than 1,000 with Nabholz Construction. After a of thousands, even millions of lives employees across the State. brief stint out of the State, he returned could be lost, and the amount of fund- Rutledge has always given back to to serve as Governor Frank White’s di- ing necessary to control it would be in- the Natural State. He has been an ac- rector of State Building Services. He calculable. tive member of Searcy’s First United continued to serve as a valuable asset f Methodist Church since 1977 and also outside of the State government, help- serves on the Searcy Water Board. Rut- ing to create Nabholz Properties and VOTE EXPLANATION ledge has also served as a member of serving as chairman of the board for Mr. RUBIO. Mr. President, I was pre- the University of Arkansas Board of the Nabholz Group in 2000. In 2014, he siding over the Committee on Foreign Trustees, chairman of the selection was named chairman emeritus of Relations while the chairman was vot- committee of the Arkansas Business Nabholz Group. ing. The vote ended before I was able to Hall of Fame, and chairman of the Ar- Charles Nabholz is an extremely in- return and cast my vote in favor of the kansas Bankers Association. Some of volved member of his community. Not confirmation of John Fitzgerald Kness the many accolades he has received only is he a member of the several Ar- to be U.S. District Judge for the North- over his career include the University kansas trade associations, but he ac- ern District of Illinois. of Arkansas 2000 Volunteer of the Year, tively participates in or has previously f 2012 University of Arkansas Distin- contributed his time to several groups guished Alumni Award, and 2011 Life- such as the Conway Regional Medical ADDITIONAL STATEMENTS time Achievement Award from the Center Foundation, the Conway Cham- Walton College of Business. ber of Commerce, and the Arkansas Re- RECOGNIZING THE 2020 ARKANSAS Gerald B. Alley was born in Pine search Alliance. Among the many hon- BUSINESS HALL OF FAME HON- Bluff, AR. As the son of a ors he has received are an award for OREES businessowner, he saw firsthand the Leadership in Free Enterprise and the hard work and commitment required to Distinguished Citizen Award. ∑ Mr. BOOZMAN. Mr. President, I rise produce a thriving business that maxi- I congratulate each of these honorees today to recognize the newest members mizes a person’s ability to give back to for their valuable contributions to Ar- of the Arkansas Business Hall of Fame. their community. After finishing his kansas and the industries they rep- Arkansas native Olivia Farrell is a education and working for his father, resent. Our State is certainly better off shining example of what a lifetime of Alley enrolled at the University of Ar- because of the work each has done to hard work and devotion looks like. kansas at the age of 16, majoring in fi- advance their own careers, as well as After graduating from the University nance. After graduating from the Uni- the companies they have led. This of Arkansas at Little Rock in 1978, she versity of Arkansas, he continued his honor is a fitting way to acknowledge joined the Arkansas Writers Project, education at Southern Methodist Uni- them and memorialize their legacies in selling ads for the Arkansas Times. versity, where he earned his MBA. the Natural State’s business commu- Shortly after, the Writers Project also Along with the help of his brother, nity.∑ created Arkansas Business, which was Troy, Jr., he started Con-Real. Under f later purchased by Farrell and became his leadership, Con-Real built the larg- the Arkansas Business Publishing est parking garage in Texas. Addition- TRIBUTE TO JIM BYRUM Group, where she served as CEO. ally, the company helped build schools, ∑ Mr. PETERS. Mr. President, I rise Not only did Farrell find personal stores, and other facilities that pro- today to recognize Mr. Jim Byrum’s success in business, but she also sought vided entertainment and essential term of service as president of the to help bring more women into the services to the community. As Alley Michigan Agri-Business Association, as business community. As such, Farrell gained more experience as a business well as his contributions to Michigan’s created and promoted an annual maga- leader, he expanded Con-Real’s services agriculture industry as a whole. zine highlighting the top 100 women in and launched another firm focused on Jim was born and raised in Onon- Arkansas. This list encouraged compa- medical construction which rep- daga, MI, the fourth generation of his nies and their stakeholders to bring resented the largest medical system in family to live on the family farm. He more women into their ranks. Further- the U.S. Today, Con-Real offers a mul- maintained his passion for agriculture more, she created the Women’s Foun- titude of services ranging from real es- by spending his career advocating for dation of Arkansas to promote in- tate to technology and innovation individuals in the industry and the in- creased investment in women’s edu- while consistently promoting minority dustry itself, first as the executive di- cation, business opportunities, and phi- firms. rector of the Michigan Bean Commis- lanthropy. Aside from his business ventures, sion, then as the State executive direc- Some of her most notable awards in- Alley serves on the executive advisory tor of the Michigan Farm Service clude being inducted in the Arkansas board at the Walton College of Busi- Agency, and finally as the president of Women’s Hall of Fame, as well as being ness at the University of Arkansas. Ad- the Michigan Agri-Business Associa- the recipient of the Business and Pro- ditionally, he is on the advisory board tion. fessional Leader of the Year award by at the Cox School of Business at South- Founded in 1903, the Michigan Agri- the Rotary Club of Little Rock. Her ern Methodist University and is also a Business Association supports Michi- leadership and kindness have been the member of the board of trustees at the gan agriculture through State and na- subject of much deserved praise. school. After years of business and tional education, promotion, and advo- Reynie Rutledge was born in philanthropic success, he has proven to cacy. During his 24 years as president, Smackover, AR. Growing up in a small be a role model for anybody who values Mr. Byrum has guided the association Arkansas town taught him the value of dedication, hard work and persever- and its members through expansive hard work and doing the right thing. ance. changes in environmental awareness, He earned an undergraduate degree in Charles Nabholz was born near Squir- agricultural genetics, and economic industrial engineering from the Univer- rel Hill, AR. Hailing from a farming factors. With his past experience and in

VerDate Sep 11 2014 04:11 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.024 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1039 his role as head of the Michigan Agri- 1980s to create sophisticated, high-tech MEASURES PLACED ON THE Business Association, Mr. Byrum so- signs at EPCOT Center. CALENDAR lidified his reputation as a well-re- The 2028 Summer Olympics will be The following bill was read the sec- spected leader in agricultural policy hosted by Los Angeles. Men and wom- ond time, and placed on the calendar: and, through the association, rep- en’s soccer matches will be played at S. 3275. A bill to amend title 18, United resented and championed the needs of the new, state-of-the-art Banc of Cali- States Code, to protect pain-capable unborn the over 500 member organizations fornia Stadium, which will feature a children, and for other purposes. from every agricultural sector in high-tech LED digital sign built by a f Michigan. He expertly communicated U.S. company called YESCO. Many of with lawmakers and stakeholders to those athletes got their start because EXECUTIVE AND OTHER ensure that Michigan remained a lead- of volunteer coaches, dedicated par- COMMUNICATIONS er in agriculture, the State’s second ents, and corporate sponsors that un- The following communications were largest industry. derstood the meaning of community. laid before the Senate, together with It is my honor to congratulate my As a parent and as a former football accompanying papers, reports, and doc- friend Jim Byrum for his decades of player, I salute the men and women uments, and were referred as indicated: service to Michiganders, especially in who volunteer to coach youth sports EC–3961. A communication from the Sec- his outgoing role as president of the and the corporate sponsors who help retary of the Treasury, transmitting, pursu- Michigan Agri-Business Association. put kids on the field. ant to law, a six-month periodic report on As the association reflects on the end Congratulations, YESCO, on 100 the national emergency with respect to transnational criminal organizations that of Mr. Byrum’s term as President, I years of growth and leadership. Thank was declared in Executive Order 13581 of July ask my colleagues to join me in con- you for your community involvement 24, 2011; to the Committee on Banking, Hous- gratulating him for his tireless dedica- and for putting a football jersey on a ing, and Urban Affairs. tion to Michigan’s hard-working agri- skinny kid in Las Vegas who someday EC–3962. A communication from the Sec- cultural workers and all of us who de- would be elected to the U.S. Senate.∑ retary of the Treasury, transmitting, pursu- ant to law, a six-month periodic report on pend on the goods and services they f provide.∑ the national emergency with respect to per- MESSAGES FROM THE PRESIDENT sons undermining democratic processes or f institutions in Zimbabwe that was declared RECOGNIZING THE YESCO Messages from the President of the in Executive Order 13288 of March 6, 2003; to CENTENNIAL United States were communicated to the Committee on Banking, Housing, and the Senate by Ms. Roberts, one of his Urban Affairs. ∑ Mr. RUBIO. Mr. President, I com- secretaries. EC–3963. A communication from the Acting mend youth team sports in general, Assistant Secretary for Legislation, Depart- and the sponsors of my youth football f ment of Health and Human Services, trans- team in particular. For those that may EXECUTIVE MESSAGES REFERRED mitting, pursuant to law, the fiscal year 2019 not know, I love football. I played it, report of the Federal Coordinated Health As in executive session the Presiding Care Office; to the Committee on Finance. coached it, and now watch my sons Officer laid before the Senate messages EC–3964. A communication from the Direc- learn the same valuable lessons I did from the President of the United tor of the Regulations and Disclosure Law many years ago. Youth sports teach States submitting sundry nominations Division, Customs and Border Protection, important life lessons and help build and withdrawals which were referred to Department of Homeland Security, transmit- pride and a sense of community within the appropriate committees. ting, pursuant to law, the report of a rule en- schools, neighborhoods, and even cit- titled ‘‘Import Restrictions Imposed on Ar- (The messages received today are chaeological Material from Jordan’’ ies. I learned those lifelong lessons printed at the end of the Senate pro- growing up in Las Vegas, where I (RIN1515–AE51) received in the Office of the ceedings.) President of the Senate on February 5, 2020; played for a youth football team called f to the Committee on Finance. the Cavaliers. My dad even volunteered EC–3965. A communication from the Direc- as the team’s equipment manager. MESSAGE FROM THE HOUSE tor of the Regulations and Disclosure Law As a former member of the Cavaliers Division, Customs and Border Protection, At 9:32 a.m., a message from the youth football team, I am honored to Department of Homeland Security, transmit- House of Representatives, delivered by recognize a special milestone of the ting, pursuant to law, the report of a rule en- Mr. Novotny, one of its reading clerks, sponsor of my team, the Young Elec- titled ‘‘Emergency Import Restrictions Im- announced that the House has passed tric Sign Company—YESCO. In 2020, posed on Certain Archaeological and Ethno- the following bill, in which it requests logical Material from Yemen’’ (RIN1515– YESCO celebrates its 100th year; a cen- the concurrence of the Senate: AE50) received in the Office of the President tennial event is scheduled February 20, of the Senate on February 5, 2020; to the 2020, in Salt Lake City, UT, the com- H.R. 1980. An act to establish in the Smith- sonian Institution a comprehensive women’s Committee on Finance. EC–3966. A communication from the Assist- pany’s home base. history museum, and for other purposes. In many ways, the story of YESCO is ant Secretary, Bureau of Legislative Affairs, the story of America: innovation, in- f Department of State, transmitting, pursuant vention, a restlessness to move beyond MEASURES REFERRED to law, sixteen (16) reports relative to vacan- the status quo, and commitment to cies in the Department of State, received in The following bill was read the first the Office of the President of the Senate on others. The history of YESCO reso- and the second times by unanimous February 10, 2020; to the Committee on For- nates with me, the son of an immi- consent, and referred as indicated: eign Relations. grant. YESCO was founded in 1920 by EC–3967. A communication from the Assist- an immigrant from Liverpool named H.R. 1980. An act to establish in the Smith- ant Secretary, Bureau of Legislative Affairs, sonian Institution a comprehensive women’s Tom Young, who borrowed $300. By the Department of State, transmitting, pursuant history museum, and for other purposes; to to law, the report of a rule entitled ‘‘Inter- end of that decade, he had 27 fulltime the Committee on Rules and Administration. employees. By 1932, YESCO was build- national Traffic in Arms Regulations: U.S. f Munitions List Categories I, II, and III’’ ing signs in Las Vegas, which is now a ((RIN1400–AE30) (22 CFR Parts 121,123, 124, showcase of YESCO signage. MEASURES DISCHARGED 126, and 129)) received during adjournment of Today, YESCO is creating hundreds The following joint resolution was the Senate in the Office of the President of of signs for the new football stadium in discharged from the Committee on the Senate on February 6, 2020; to the Com- Las Vegas, the Raiders’ $2 billion Alle- Foreign Relations by motion, pursuant mittee on Foreign Relations. giant Stadium. The largest video board EC–3968. A communication from the Acting to 50 U.S.C. 1546a, and placed on the Assistant Secretary for Legislation, Depart- will be 180 feet on the front of the sta- calendar: dium, facing Interstate 15 and Dean ment of Health and Human Services, trans- S.J. Res. 68. Joint resolution to direct the mitting, pursuant to law, a report entitled Martin Drive, not far from where my removal of United States Armed Forces from ‘‘Ryan White HIV/AIDS Program Parts A team the Cavaliers played youth foot- hostilities against the Islamic Republic of and B Supplemental Awards for Fiscal Year ball. As a Floridian, I note that YESCO Iran that have not been authorized by Con- 2019 Report to Congress’’; to the Committee contracted with Disney World in the gress. on Health, Education, Labor, and Pensions.

VerDate Sep 11 2014 04:11 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.059 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1040 CONGRESSIONAL RECORD — SENATE February 12, 2020 EC–3969. A communication from the Regu- Competition, Federal Trade Commission, law, the report of a rule entitled ‘‘Airworthi- lations Coordinator, National Institute for transmitting, pursuant to law, the report of ness Directives; Bombardier, Inc., Airplanes’’ Occupational Safety and Health, Centers for a rule entitled ‘‘Commission Reporting Re- ((RIN2120–AA64) (Docket No. FAA–2019–0725)) Disease Control and Prevention, transmit- quirements Under Section 8 of the Clayton received during adjournment of the Senate ting, pursuant to law, the report of a rule en- Act’’ received in the Office of the President in the Office of the President of the Senate titled ‘‘Guidelines for Determining the Prob- of the Senate on February 5, 2020; to the on February 7, 2020; to the Committee on ability of Causation under the Energy Em- Committee on the Judiciary. Commerce, Science, and Transportation. ployees Occupational Illness Compensation EC–3979. A communication from the Direc- EC–3987. A communication from the Man- Program Act of 2000; Technical Amend- tor, Administrative Office of the United agement and Program Analyst, Federal ments’’ (RIN0920–AA74) received in the Office States Courts, transmitting, pursuant to Aviation Administration, Department of of the President of the Senate on February 5, law, a report relative to applications for de- Transportation, transmitting, pursuant to 2020; to the Committee on Health, Education, layed-notice search warrants and extensions law, the report of a rule entitled ‘‘Airworthi- Labor, and Pensions. during fiscal years 2018 and 2019; to the Com- ness Directives; Airbus SAS Airplanes’’ EC–3970. A communication from the Dep- mittee on the Judiciary. ((RIN2120–AA64) (Docket No. FAA–2019–0610)) uty Director, Office of Documents and Regu- EC–3980. A communication from the Chief received during adjournment of the Senate lations Management, Department of Health of Regulatory Development, Federal Motor in the Office of the President of the Senate and Human Services, transmitting, pursuant Carrier Safety Administration, Department on February 7, 2020; to the Committee on to law, the report of a rule entitled ‘‘Admin- of Transportation, transmitting, pursuant to Commerce, Science, and Transportation. istrative Simplification: Modification of the law, the report of a rule entitled ‘‘Extension EC–3988. A communication from the Man- Requirements for the Use of Health Insur- of Compliance Date for Entry-Level Driver agement and Program Analyst, Federal ance Portability and Accountability Act of Training’’ (RIN2126–AC25) received in the Of- Aviation Administration, Department of 1996 (HIPAA) National Council for Prescrip- fice of the President of the Senate on Feb- Transportation, transmitting, pursuant to tion Drug Programs (NCPDP) D.0 Standard’’ ruary 5, 2020; to the Committee on Com- law, the report of a rule entitled ‘‘Airworthi- (RIN0938–AT52) received during adjournment merce, Science, and Transportation. ness Directives; Airbus SAS Airplanes’’ of the Senate in the Office of the President EC–3981. A communication from the Man- ((RIN2120–AA64) (Docket No. FAA–2019–0721)) of the Senate on January 31, 2020; to the agement and Program Analyst, Federal received during adjournment of the Senate Committee on Health, Education, Labor, and Aviation Administration, Department of in the Office of the President of the Senate Pensions. Transportation, transmitting, pursuant to on February 7, 2020; to the Committee on EC–3971. A communication from the Direc- law, the report of a rule entitled ‘‘Revoca- Commerce, Science, and Transportation. tor of the Office of Government Ethics, tion of Class E Airspace; Grundy, Virginia’’ EC–3989. A communication from the Man- transmitting, pursuant to law, the office’s ((RIN2120–AA66) (Docket No. FAA–2019–0785)) agement and Program Analyst, Federal Congressional Budget Justification, Annual received during adjournment of the Senate Aviation Administration, Department of Performance Plan for fiscal year 2021, and in the Office of the President of the Senate Transportation, transmitting, pursuant to the annual Performance Report for fiscal on February 7, 2020; to the Committee on law, the report of a rule entitled ‘‘Airworthi- year 2019; to the Committee on Homeland Se- Commerce, Science, and Transportation. ness Directives; Airbus SAS Airplanes’’ curity and Governmental Affairs. EC–3982. A communication from the Man- ((RIN2120–AA64) (Docket No. FAA–2019–1078)) EC–3972. A communication from the Asso- agement and Program Analyst, Federal received during adjournment of the Senate ciate General Counsel for General Law, De- Aviation Administration, Department of in the Office of the President of the Senate partment of Homeland Security, transmit- Transportation, transmitting, pursuant to on February 7, 2020; to the Committee on ting, pursuant to law, a report relative to a law, the report of a rule entitled ‘‘Amend- Commerce, Science, and Transportation. vacancy in the position of Administrator, ment of Class E Airspace; Winona, Min- EC–3990. A communication from the Man- Federal Emergency Management Agency, nesota’’ ((RIN2120–AA66) (Docket No. FAA– agement and Program Analyst, Federal Department of Homeland Security, received 2019–0764)) received during adjournment of Aviation Administration, Department of in the Office of the President of the Senate the Senate in the Office of the President of Transportation, transmitting, pursuant to on February 5, 2020; to the Committee on the Senate on February 7, 2020; to the Com- law, the report of a rule entitled ‘‘Airworthi- Homeland Security and Governmental Af- mittee on Commerce, Science, and Transpor- ness Directives; Airbus SAS Airplanes’’ fairs. tation. ((RIN2120–AA64) (Docket No. FAA–2019–0858)) EC–3973. A communication from the Chair- EC–3983. A communication from the Man- received during adjournment of the Senate man of the Council of the District of Colum- agement and Program Analyst, Federal in the Office of the President of the Senate bia, transmitting, pursuant to law, a report Aviation Administration, Department of on February 7, 2020; to the Committee on on D.C. Act 23–203, ‘‘Fiscal Year 2020 Budget Transportation, transmitting, pursuant to Commerce, Science, and Transportation. Support Clarification Amendment Act of law, the report of a rule entitled ‘‘Airworthi- EC–3991. A communication from the Attor- 2019’’; to the Committee on Homeland Secu- ness Directives; The Boeing Company Air- ney-Advisor, Office of General Counsel, De- rity and Governmental Affairs. planes’’ ((RIN2120–AA64) (Docket No. FAA– partment of Transportation, transmitting, EC–3974. A communication from the Chair- 2019–0442)) received during adjournment of pursuant to law, two (2) reports relative to man of the Council of the District of Colum- the Senate in the Office of the President of vacancies in the Department of Transpor- bia, transmitting, pursuant to law, a report the Senate on February 7, 2020; to the Com- tation, received in the Office of the Presi- on D.C. Act 23–204, ‘‘Primary Election Filing mittee on Commerce, Science, and Transpor- dent of the Senate on February 5, 2020; to the Requirement Temporary Amendment Act of tation. Committee on Commerce, Science, and EC–3984. A communication from the Man- 2020’’; to the Committee on Homeland Secu- Transportation. rity and Governmental Affairs. agement and Program Analyst, Federal EC–3975. A communication from the Chair- Aviation Administration, Department of f man of the Council of the District of Colum- Transportation, transmitting, pursuant to PETITIONS AND MEMORIALS bia, transmitting, pursuant to law, a report law, the report of a rule entitled ‘‘Airworthi- on D.C. Act 23–216, ‘‘Parkside Parcel E and J ness Directives; De Havilland Aircraft of The following petitions and memo- Mixed-Income Apartments Tax Abatement Canada Limited (Type Certificate Previously rials were laid before the Senate and Temporary Amendment Act of 2020’’; to the Held by Bombardier, Inc.) Airplanes’’ were referred or ordered to lie on the Committee on Homeland Security and Gov- ((RIN2120–AA64) (Docket No. FAA–2019–0702)) table as indicated: ernmental Affairs. received during adjournment of the Senate POM–180. A resolution adopted by the EC–3976. A communication from the Asso- in the Office of the President of the Senate House of Representatives of the Common- ciate Director, Office of Communications on February 7, 2020; to the Committee on wealth of Pennsylvania urging the United and Legislative Affairs, Equal Employment Commerce, Science, and Transportation. States Congress and the President of the EC–3985. A communication from the Man- Opportunity Commission, transmitting, pur- United States to enact S. 1575 or similar leg- agement and Program Analyst, Federal suant to law, the Commission’s Annual Sun- islation to award the Congressional Gold Aviation Administration, Department of shine Act Report for 2019; to the Committee Medal, collectively, to the United States Transportation, transmitting, pursuant to on Homeland Security and Governmental Af- Army Rangers Veterans of World War II in law, the report of a rule entitled ‘‘Airworthi- fairs. recognition of their extraordinary service; to EC–3977. A communication from the Direc- ness Directives; Dassault Aviation Air- the Committee on Banking, Housing, and tor of the Office of Financial Reporting and planes’’ ((RIN2120–AA64) (Docket No. FAA– Urban Affairs. Policy, Office of the Chief Financial Officer 2019–0860)) received during adjournment of and Assistant Secretary for Administration, the Senate in the Office of the President of HOUSE RESOLUTION NO. 627 Department of Commerce, transmitting, pur- the Senate on February 7, 2020; to the Com- Whereas, Of the more than 15 million sol- suant to law, a report entitled ‘‘FY 2019 mittee on Commerce, Science, and Transpor- diers who served in the armed forces in Agency Financial Report’’; to the Committee tation. World War II, only 3,000 were Rangers; and on Homeland Security and Governmental Af- EC–3986. A communication from the Man- Whereas, The 1st Ranger Battalion was fairs. agement and Program Analyst, Federal formed at the onset of the United States’ in- EC–3978. A communication from the Acting Aviation Administration, Department of volvement in the conflict as an elite unit Secretary of the Commission, Bureau of Transportation, transmitting, pursuant to modeled after the British Commandos; and

VerDate Sep 11 2014 04:11 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.034 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1041 Whereas, The Rangers were highly and rig- nizations have increased conservation prac- By Mr. CASSIDY (for himself and Mr. orously trained to attack in the dead of tices, which have reduced harmful nutrient TESTER): night from the least likely route and climb runoff, and habitat and wildlife connectivity S. 3282. A bill to amend title 38, United cliffs and speed march, enabling them to in- continue to improve, with nearly 5,000 miles States Code, to improve the oversight of con- filtrate deep behind enemy lines on foot; and of rivers cleared of dams and other barriers: tracts awarded by the Secretary of Veterans Whereas, There were six Ranger Battalions and Affairs to small business concerns owned and deployed during World War II, all of which Whereas, Far more work needs to be done controlled by veterans, and for other pur- were strictly volunteer; and Whereas, Each to ensure every person has a clean commu- poses; to the Committee on Veterans’ Af- battalion was comprised of approximately nity in which to live, safe beaches to enjoy, fairs. 500 men; and and healthy fish to eat. Substantial limita- By Mr. CORNYN: Whereas, At least 48 World War II Rangers tions and threats to the use of the Great S. 3283. A bill to amend part D of title IV came from this Commonwealth, 33 of which Lakes remain whether toxic algal blooms of the Social Security Act to allow States to remained overseas in American battlefield shutting down Toledo’s drinking water sup- use incentive payments available under the cemeteries; and ply, invasive carp threatening billion-dollar child support enforcement program to im- prove parent-child relationships, increase Whereas, Three World War II Rangers in D fisheries, or contaminated sediments re- child support collections, and improve out- Company, 2nd Ranger Battalion were from stricting recreational opportunities: and comes for children by supporting parenting Altoona; and Whereas, The time to act is now. The eco- time arrangements for noncustodial parents Whereas, Two of the three climbed the logical, economic, and health risks are too in uncontested agreements, and for other cliffs at Pointe du Hoc and one destroyed high. The problems will only get worse and purposes; to the Committee on Finance. five of six long-range artillery pieces at the solutions more expensive and chal- By Mr. MERKLEY (for himself and Mr. Pointe du Hoc; and lenging in the future; Now, therefore, be it BOOKER): Whereas, There are only 41 known World Resolved by the House of Representatives, S. 3284. A bill to create a moratorium on War II Rangers alive nationwide; and That we memorialize the President and Con- the government use of facial recognition Whereas, It is imperative that these heroes gress of the United States to increase fund- technology until a Commission recommends are given the honor they deserve; therefore ing for the Great Lakes Restoration Initia- the appropriate guidelines and limitation for be it tive to $475 million per year to boost the re- use of facial recognition technology; to the Resolved, That the House of Representa- gion’s work of cleaning up toxic contamina- Committee on Homeland Security and Gov- tives urge the President and the Congress of tion, reducing runoff pollution, stopping ernmental Affairs. the United States to enact S. 1757 or similar invasive species, and protecting and restor- By Mr. TILLIS (for himself, Mr. JONES, legislation to award the Congressional Gold ing wetlands and other habitats; and be it Mr. BURR, Mr. CORNYN, Mr. CRUZ, Mr. Medal, collectively, to the United States further LANKFORD, and Mr. ROUNDS): Army Rangers Veterans of World War II in Resolved, That copies of this resolution be S. 3285. A bill to modify eligibility require- recognition of their extraordinary service; transmitted to the President of the United ments for certain hazard mitigation assist- and be it further States, the President of the United States ance programs, and for other purposes; to Resolved, That copies of this resolution be Senate, the Speaker of the United States the Committee on Homeland Security and transmitted to the President of the United House of Representatives, and the members Governmental Affairs. States, to the presiding officers of each of the Michigan congressional delegation. By Mrs. BLACKBURN (for herself, Mr. house of Congress and to each member of f COTTON, Mr. CRAMER, Mrs. CAPITO, Congress from Pennsylvania. Mrs. LOEFFLER, Ms. ERNST, and Mr. INTRODUCTION OF BILLS AND ROUNDS): POM–181. A resolution adopted by the JOINT RESOLUTIONS S. 3286. A bill to restrict certain Federal House of Representatives of the State of grants for States that grant driver licenses Michigan urging the United States Congress The following bills and joint resolu- to illegal immigrants and fail to share infor- and the President of the United States to in- tions were introduced, read the first mation about criminal aliens with the Fed- crease funding for the Great Lakes restora- and second times by unanimous con- eral Government; to the Committee on the tion initiative to $475 million per year; to sent, and referred as indicated: Judiciary. By Mr. ENZI (for himself, Mr. WARNER, the Committee on Environment and Public By Mr. CASEY: Mr. GRASSLEY, Mr. JOHNSON, Mr. Works. S. 3277. A bill to amend title XIX of the So- HOUSE RESOLUTION NO. 157 PERDUE, and Mr. LANKFORD): cial Security Act to strengthen the infra- S. 3287. A bill to modify the government- Whereas, The Great Lakes are a critical re- structure of, access to, and reporting of Med- wide financial management plan, and for source for our nation and central to the icaid home and community-based services, other purposes; to the Committee on Home- economy, heritage, and quality of life of and for other purposes; to the Committee on land Security and Governmental Affairs. Michigan and the other seven states within Finance. By Ms. HARRIS (for herself and Mrs. the Great Lakes region. The Great Lakes By Mr. RISCH (for himself and Mrs. FEINSTEIN): hold over 84 percent of the United States’ SHAHEEN): S. 3288. A bill to provide for the protection surface freshwater and drive a thriving re- S. 3278. A bill to modify the requirements of and investment in certain Federal land in gional economy, directly supporting 1.5 mil- for the Administrator of the Small Business the State of California, and for other pur- lion U.S. jobs and generating $62 billion in Administration relating to declaring a dis- poses; to the Committee on Energy and Nat- wages. More than 30 million U.S. residents aster in a rural area, and for other purposes; ural Resources. depend on the Great Lakes for drinking to the Committee on Small Business and En- f water: and trepreneurship. Whereas, The Great Likes Restoration Ini- By Mr. BOOKER: ADDITIONAL COSPONSORS tiative (GLRI) has provided crucial funding S. 3279. A bill to amend title 38, United S. 296 to support long overdue work to protect and States Code, to provide additional entitle- restore the Great Lakes. In partnership with ment to Post-9/11 Educational Assistance to At the request of Ms. COLLINS, the the states, local governments, and other or- certain veterans and members of the Armed name of the Senator from Alaska (Ms. ganizations, the federal government has in- Forces who require extra time to complete MURKOWSKI) was added as a cosponsor vested more than $3 billion and supported remedial and deficiency courses, and for of S. 296, a bill to amend XVIII of the over 4,700 projects over the last decade, in- other purposes; to the Committee on Vet- Social Security Act to ensure more cluding around $600 million for more than erans’ Affairs. timely access to home health services 1,100 projects in Michigan: and By Mr. WYDEN (for himself and Mr. for Medicare beneficiaries under the Whereas, The Great Lakes Restoration Ini- BROWN): Medicare program. tiative represents a sound investment in S. 3280. A bill to amend the Internal Rev- S. 578 both the environment and the economies of enue Code of 1986 to clarify that high-taxed the Great Lakes region. A 2018 study cal- amounts are excluded from tested income for At the request of Mr. WHITEHOUSE, culated that for every federal dollar invested purposes of determining global intangible the name of the Senator from Idaho in Great Lakes restoration there is $3.35 in low-taxed income only if such amounts (Mr. RISCH) was added as a cosponsor of additional economic activity, with older in- would be foreign base company income or in- S. 578, a bill to amend title II of the So- dustrial cities like Detroit seeing an even surance income; to the Committee on Fi- cial Security Act to eliminate the five- higher return on investment; and nance. month waiting period for disability in- Whereas, Real progress has been made in By Mr. MERKLEY (for himself and Mr. surance benefits under such title for in- cleaning up and restoring the Great Lakes WYDEN): dividuals with amyotrophic lateral thanks to the Great Lakes Restoration Ini- S. 3281. A bill to amend the Solid Waste tiative. One-third of the region’s toxic hot Disposal Act to require recycling of beverage sclerosis. spots have been cleaned up, sparking rede- containers, and for other purposes; to the S. 648 velopment and business opportunities on wa- Committee on Environment and Public At the request of Mrs. MURRAY, the terfronts. Area farms and conservation orga- Works. name of the Senator from Oregon (Mr.

VerDate Sep 11 2014 04:11 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.038 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1042 CONGRESSIONAL RECORD — SENATE February 12, 2020 MERKLEY) was added as a cosponsor of (Mrs. GILLIBRAND) was added as a co- motives overseas, and for other pur- S. 648, a bill to ensure the humane sponsor of S. 1725, a bill to permit occu- poses. treatment of pregnant women by rein- pational therapists to conduct the ini- S. 2662 stating the presumption of release and tial assessment visit and complete the At the request of Mr. BARRASSO, the prohibiting shackling, restraining, and comprehensive assessment under a name of the Senator from Texas (Mr. other inhumane treatment of pregnant Medicare home health plan of care for CRUZ) was added as a cosponsor of S. detainees, and for other purposes. certain rehabilitation cases. 2662, a bill to amend sections 111, 169, S. 685 S. 1757 and 171 of the Clean Air Act to clarify At the request of Mr. LEE, the name At the request of Ms. ERNST, the when a physical change in, or change of the Senator from Oregon (Mr. name of the Senator from Pennsyl- in the method of operation of, a sta- WYDEN) was added as a cosponsor of S. vania (Mr. TOOMEY) was added as a co- tionary source constitutes a modifica- 685, a bill to amend the Inspector Gen- sponsor of S. 1757, a bill to award a tion or construction, and for other pur- eral Act of 1978 relative to the powers Congressional Gold Medal, collectively, poses. of the Department of Justice Inspector to the United States Army Rangers S. 2669 General. Veterans of World War II in recogni- At the request of Mr. MARKEY, his S. 800 tion of their extraordinary service dur- name was added as a cosponsor of S. At the request of Mr. CASSIDY, the ing World War II. 2669, a bill to amend the Federal Elec- name of the Senator from North Da- S. 1918 tion Campaign Act of 1971 to clarify kota (Mr. CRAMER) was added as a co- At the request of Mr. BOOZMAN, the the obligation to report acts of foreign sponsor of S. 800, a bill to establish a election influence and require imple- postsecondary student data system. name of the Senator from West Vir- ginia (Mrs. CAPITO) was added as a co- mentation of compliance and reporting S. 1081 systems by Federal campaigns to de- At the request of Mr. MANCHIN, the sponsor of S. 1918, a bill to amend the Richard B. Russell National School tect and report such acts, and for other names of the Senator from West Vir- purposes. ginia (Mrs. CAPITO) and the Senator Lunch Act to require alternative op- S. 2816 from Kansas (Mr. ROBERTS) were added tions for summer food service program At the request of Ms. ROSEN, the as cosponsors of S. 1081, a bill to amend delivery. name of the Senator from Maryland title 54, United States Code, to provide S. 2054 (Mr. VAN HOLLEN) was added as a co- permanent, dedicated funding for the At the request of Mr. MARKEY, the sponsor of S. 2816, a bill to ensure that Land and Water Conservation Fund, name of the Senator from Montana fixed broadband internet access service and for other purposes. (Mr. TESTER) was added as a cosponsor assisted by any Federal broadband sup- S. 1093 of S. 2054, a bill to posthumously award port program meets a minimum speed At the request of Mr. UDALL, the the Congressional Gold Medal, collec- threshold. name of the Senator from Arizona (Ms. tively, to Glen Doherty, Tyrone Woods, S. 2970 SINEMA) was added as a cosponsor of S. J. Christopher Stevens, and Sean 1093, a bill to award a Congressional Smith, in recognition of their contribu- At the request of Ms. ERNST, the Gold Medal to the troops from the tions to the Nation. name of the Senator from Tennessee (Mrs. BLACKBURN) was added as a co- United States and the Philippines who S. 2177 defended Bataan and Corregidor, in rec- sponsor of S. 2970, a bill to improve the At the request of Mr. LANKFORD, the fielding of newest generations of per- ognition of their personal sacrifice and name of the Senator from Georgia service during World War II. sonal protective equipment to the (Mrs. LOEFFLER) was added as a cospon- Armed Forces, and for other purposes. S. 1123 sor of S. 2177, a bill to provide tax- S. 3020 At the request of Mr. COONS, the payers with an improved understanding At the request of Ms. BALDWIN, the name of the Senator from Nevada (Ms. of Government programs through the name of the Senator from Minnesota ROSEN) was added as a cosponsor of S. disclosure of cost, performance, and (Ms. SMITH) was added as a cosponsor 1123, a bill to transfer and limit Execu- areas of duplication among them, le- of S. 3020, a bill to amend title 38, tive Branch authority to suspend or re- verage existing data to achieve a func- United States Code, to authorize the strict the entry of a class of aliens. tional Federal program inventory, and Secretary of Veterans Affairs to enter S. 1352 for other purposes. ASEY into contracts with States or to award At the request of Mr. C , the S. 2300 names of the Senator from New Hamp- grants to States to promote health and At the request of Mr. WHITEHOUSE, shire (Mrs. SHAHEEN) and the Senator wellness, prevent suicide, and improve the name of the Senator from South from Nevada (Ms. ROSEN) were added as outreach to veterans, and for other Carolina (Mr. GRAHAM) was added as a cosponsors of S. 1352, a bill to establish purposes. cosponsor of S. 2300, a bill to amend the a Federal Advisory Council to Support S. 3217 Energy Independence and Security Act Victims of Gun Violence. At the request of Ms. STABENOW, the of 2007 to establish a program to S. 1381 name of the Senator from Nevada (Ms. incentivize innovation and to enhance At the request of Mr. BOOZMAN, the CORTEZ MASTO) was added as a cospon- the industrial competitiveness of the name of the Senator from Wisconsin sor of S. 3217, a bill to standardize the United States by developing tech- (Ms. BALDWIN) was added as a cospon- designation of National Heritage nologies to reduce emissions of sor of S. 1381, a bill to modify the pre- Areas, and for other purposes. nonpower industrial sectors, and for sumption of service connection for vet- S. 3226 other purposes. erans who were exposed to herbicide At the request of Mr. KENNEDY, the agents while serving in the Armed S. 2332 name of the Senator from Oklahoma Forces in Thailand during the Vietnam At the request of Ms. CANTWELL, the (Mr. INHOFE) was added as a cosponsor era, and for other purposes. name of the Senator from New Hamp- of S. 3226, a bill to amend title 18, S. 1508 shire (Ms. HASSAN) was added as a co- United States Code, to prohibit certain At the request of Mr. TOOMEY, the sponsor of S. 2332, a bill to provide for abortion procedures, and for other pur- name of the Senator from South Da- the modernization of the electric grid, poses. kota (Mr. THUNE) was added as a co- and for other purposes. S. 3263 sponsor of S. 1508, a bill to amend title S. 2483 At the request of Mr. UDALL, the 18, United States Code, to provide en- At the request of Mr. WICKER, the name of the Senator from Vermont hanced penalties for convicted mur- name of the Senator from Massachu- (Mr. LEAHY) was added as a cosponsor derers who kill or target America’s setts (Mr. MARKEY) was added as a co- of S. 3263, a bill to amend the Solid public safety officers. sponsor of S. 2483, a bill to counter ef- Waste Disposal Act to reduce the pro- S. 1725 forts by foreign governments to pursue, duction and use of certain single-use At the request of Mr. CARDIN, the harass, or otherwise persecute individ- plastic products and packaging, to im- name of the Senator from New York uals for political and other unlawful prove the responsibility of producers in

VerDate Sep 11 2014 04:11 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.042 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1043 the design, collection, reuse, recycling, tive financial management helps to would help minimize the effects of the and disposal of their consumer prod- safeguard taxpayer money and ensure CFO turnover. ucts and packaging, to prevent pollu- that it is used lawfully, efficiently, and Secondly, the bill would update the tion from consumer products and pack- effectively for the purposes intended. governmentwide and agency-level plan- aging from entering into animal and Thirty years ago, Congress passed ning requirements to ensure they are human food chains and waterways, and the Chief Financial Officers Act of 1990, reasonable and allow for proper plan- for other purposes. known as the CFO Act. This law laid a ning and monitoring. The updated S.J. RES. 68 new foundation for Federal financial plans would include projected mile- At the request of Mr. KAINE, the management. It established a financial stones and estimated implementation name of the Senator from Connecticut management leadership structure, pro- costs. Annual status updates would (Mr. BLUMENTHAL) was added as a co- vided for long-range planning, required allow Congress to track progress to- sponsor of S.J. Res. 68, a joint resolu- audited financial statements, and ward these milestones and how closely tion to direct the removal of United strengthened accountability reporting, actual costs match those that were States Armed Forces from hostilities among other reforms. The CFO Act projected. against the Islamic Republic of Iran also called for improvements in the in- Third, the CFO Vision Act would re- that have not been authorized by Con- tegration of agency accounting and fi- quire the Office of Management and gress. nancial management systems, in per- Budget to develop performance-based metrics to determine the status and S. CON. RES. 34 formance measurement and cost infor- mation, and in our financial manage- progress of agencies and how they are At the request of Mr. DAINES, the making progress toward achieving name of the Senator from Florida (Mr. ment workforce. Since enactment of that act, we have cost-effective and efficient government RUBIO) was added as a cosponsor of S. seen substantial improvements in Fed- operations. Con. Res. 34, a concurrent resolution eral financial management. Today, Currently, only limited financial affirming the importance of religious agencies have CFOs in place to provide management performance-based freedom as a fundamental human right leadership and accountability over fi- metrics exist, such as the financial that is essential to a free society and nancial operations, and most agencies statement audit opinion and reporting protected for all people of the United receive clean audit opinions on their of identified material weaknesses. All States under the Constitution of the annual financial statements. However, accountants understand these terms. United States, and recognizing the serious and persistent problems re- Currently, only limited financial 234th anniversary of the enactment of main. management performance-based the Virginia Statute for Religious Many agencies have struggled to metrics exist, such as the financial Freedom. modernize legacy accounting systems statement audit opinion and the re- S. RES. 458 and are unable to integrate their finan- porting of identified material weak- At the request of Mr. LANKFORD, the cial and performance data. Oftentimes, nesses. I could say that a third time, name of the Senator from Indiana (Mr. the Federal Government is unable to and still people wouldn’t understand it. BRAUN) was added as a cosponsor of S. show the relationship between dollars This new requirement would provide Res. 458, a resolution calling for the spent and results achieved. After more a more complete and consistent meas- global repeal of blasphemy, heresy, and than 20 years of trying, the Govern- urement of the quality of the agencies’ apostasy laws. ment Accountability Office still cannot financial management. These perform- S. RES. 469 give an opinion on the Federal Govern- ance metrics would be required to be At the request of Mr. GRAHAM, the ment’s consolidated financial state- included in the governmentwide and name of the Senator from Indiana (Mr. ments. They cite serious financial agency-level financial management YOUNG) was added as a cosponsor of S. management problems at the Depart- plans and status reports. That means Res. 469, a resolution supporting the ment of Defense, among other issues. we will have more information to work people of Iran as they engage in legiti- The legislation we are introducing with. mate protests, and condemning the Ira- would update that 1990 law in a handful Finally, our bill would require agen- nian regime for its murderous re- of key ways to ensure sustained cy management to annually assess and sponse. progress in improving Federal financial report on the effectiveness of internal f management. It is based in large part control—whether they are really keep- on a GAO—Government Accountability ing track of everything and ensuring STATEMENTS ON INTRODUCED Office—review of the 1990 law and testi- that it is correct—the effectiveness of BILLS AND JOINT RESOLUTIONS mony last October from the Comp- internal control over financial report- By Mr. ENZI (for himself, Mr. troller General of the United States, ing and other key financial manage- WARNER, Mr. GRASSLEY, Mr. Gene Dodaro, before the Senate Budget ment information. Auditors would also JOHNSON, Mr. PERDUE, and Mr. Committee. be required to independently assess in- LANKFORD): First, the CFO Vision Act would ternal controls. Such assessments will S. 3287. A bill to modify the govern- standardize CFO and Deputy Chief Fi- improve confidence in the reliability of mentwide financial management plan, nancial Officer responsibilities, which financial reporting. and for other purposes; to the Com- do vary across Federal agencies. To The CFO Vision Act builds on the mittee on Homeland Security and Gov- allow for better strategic decision CFO Act’s foundation. By updating it, ernmental Affairs. making, the Chief Financial Officer Vi- we can achieve more effective financial Mr. ENZI. Mr. President, I rise to in- sion Act would specify that the Chief management, which I believe will ulti- troduce the Chief Financial Officer Vi- Financial Officer responsibilities mately lead to increased account- sion Act of 2020, shortened to be the should include budget formulation and ability and results and understanding CFO Vision Act of 2020. I am pleased to execution, planning and performance, by the Senators. have Senators WARNER, GRASSLEY, risk management and internal con- I am pleased that our bill has been JOHNSON, LANKFORD, and PERDUE join trols, financial systems, and account- endorsed by the National Taxpayers me as cosponsors of this bill to ing. Union, the Project on Government strengthen Federal financial manage- The bill would also ensure that the Oversight, the DATA Coalition, the R ment and improve financial and per- Deputy Chief Financial Officers could Street Institute, Citizens Against Gov- formance data. provide continuity in the event of a ernment Waste, Truth in Accounting, Improved financial management— Chief Financial Officer vacancy. Major and Taxpayers for Common Sense. I this is numbers; I know this puts peo- financial management improvement think that means that there are ac- ple to sleep—improved financial man- initiatives can take years to imple- countants on the boards of all of those. agement and better data can help us ment, potentially outlasting the CFO’s This shouldn’t be a controversial piece make more informed budget decisions tenure. By establishing appropriate of legislation. It just should be an es- and ensure that taxpayer money is statutory responsibilities for the Dep- sential update so we know what is hap- wisely and appropriately spent. Effec- uty Chief Financial Officers, the bill pening with the trillions of dollars that

VerDate Sep 11 2014 04:11 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.044 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1044 CONGRESSIONAL RECORD — SENATE February 12, 2020 we are allocating, spending, and check- templated by the War Powers Resolution, (6) The United States Armed Forces are ing up on. I urge my colleagues to sup- against Iran. The United States strike not currently engaged in hostilities, as con- port this bill. against terrorist leader Qasem Suleimani to templated by the War Powers Resolution, protect the lives of United States service against Iran. The United States strike f members and diplomats is lesser in scope, against terrorist leader Qasem Soleimani to AMENDMENTS SUBMITTED AND nature, and duration than, and consistent protect the lives of United States service PROPOSED with, previous administrations’ exercises of members and diplomats is lesser in scope, war powers. nature, and duration than, and consistent SA 1314. Mr. CRAMER (for Mr. RISCH) pro- with, previous administrations’ exercises of posed an amendment to the joint resolution SA 1316. Mr. JOHNSON submitted an war powers. S.J. Res. 68, to direct the removal of United amendment intended to be proposed by (7) The United States’ maximum pressure States Armed Forces from hostilities against him to the joint resolution S.J. Res. 68, strategy against Iran has reduced the Gov- the Islamic Republic of Iran that have not to direct the removal of United States ernment of Iran’s resources available to at- been authorized by Congress. Armed Forces from hostilities against tack the United States and United States in- SA 1315. Mr. RISCH submitted an amend- terests by limiting the resources available to ment intended to be proposed by him to the the Islamic Republic of Iran that have not been authorized by Congress; which the Government of Iran to support weapons joint resolution S.J. Res. 68, supra; which development and terrorist proxies through- was referred to the Committee on Foreign was referred to the Committee on For- out the region. Relations. eign Relations; as follows: SA 1316. Mr. JOHNSON submitted an On page 4, line 19, insert ‘‘or to prevent the Mr. MANCHIN submitted an amendment intended to be proposed by him President from employing all the instru- SA 1321. to the joint resolution S.J. Res. 68, supra; ments of national power, including military amendment intended to be proposed by which was referred to the Committee on For- force, to prevent the Islamic Republic of Iran him to the joint resolution S.J. Res. 68, eign Relations. from acquiring a nuclear weapon’’ after ‘‘at- to direct the removal of United States SA 1317. Mr. JOHNSON submitted an tack’’. Armed Forces from hostilities against amendment intended to be proposed by him the Islamic Republic of Iran that have to the joint resolution S.J. Res. 68, supra; SA 1317. Mr. JOHNSON submitted an not been authorized by Congress; which which was referred to the Committee on For- amendment intended to be proposed by was ordered to lie on the table; as fol- eign Relations. him to the joint resolution S.J. Res. 68, lows: SA 1318. Mr. JOHNSON submitted an to direct the removal of United States amendment intended to be proposed by him Armed Forces from hostilities against On page 1, strike line 3 and insert the fol- to the joint resolution S.J. Res. 68, supra; the Islamic Republic of Iran that have lowing: which was referred to the Committee on For- SECTION 1. PURPOSE. eign Relations. not been authorized by Congress; which SA 1319. Mr. CRAMER (for Mr. SULLIVAN was referred to the Committee on For- The purpose of this joint resolution is to (for himself, Mr. MCCONNELL, Mr. CRUZ, Mr. eign Relations; as follows: fulfill the intent of the framers of the Con- ROUNDS, and Mr. PERDUE)) proposed an On page 4, line 19, insert ‘‘, including the stitution of the United States and ensure amendment to the joint resolution S.J. Res. threat of an attack posed by the acquisition that before the President commits United 68, supra. of a nuclear weapon by the Islamic Republic States Armed Forces to hostilities, Congress SA 1320. Mr. CRAMER (for Mr. RUBIO (for of Iran’’ after ‘‘attack’’. either declares war or authorizes the use of himself and Mr. RISCH)) proposed an amend- military force, except where necessary to ment to the joint resolution S.J. Res. 68, SA 1318. Mr. JOHNSON submitted an protect the United States from an imminent supra. amendment intended to be proposed by attack. SA 1321. Mr. MANCHIN submitted an him to the joint resolution S.J. Res. 68, SEC. 2. FINDINGS. amendment intended to be proposed by him to direct the removal of United States to the joint resolution S.J. Res. 68, supra; Armed Forces from hostilities against SA 1322. Mr. CRAMER (for Mr. REED) which was ordered to lie on the table. the Islamic Republic of Iran that have SA 1322. Mr. CRAMER (for Mr. REED) pro- proposed an amendment to the joint not been authorized by Congress; which posed an amendment to the joint resolution resolution S.J. Res. 68, to direct the re- was referred to the Committee on For- S.J. Res. 68, supra. moval of United States Armed Forces eign Relations; as follows: SA 1323. Mr. CRAMER (for Mr. GRAHAM) from hostilities against the Islamic Re- proposed an amendment to the bill H.R. 1365, On page 4, line 19, insert ‘‘and its allies, in- public of Iran that have not been au- to make technical corrections to the Guam cluding Israel,’’ after ‘‘defending itself’’. World War II Loyalty Recognition Act. thorized by Congress; as follows: SA 1319. Mr. CRAMER (for Mr. SUL- f On page 2, between lines 23 and 24, insert LIVAN (for himself, Mr. MCCONNELL, Mr. the following: TEXT OF AMENDMENTS CRUZ, Mr. ROUNDS, and Mr. PERDUE)) (5) More than 100 members of the United SA 1314. Mr. CRAMER (for Mr. RISCH) proposed an amendment to the joint States Armed Forces sustained traumatic proposed an amendment to the joint resolution S.J. Res. 68, to direct the re- brain injuries in the Iranian retaliatory at- tack on the Ain al-Assad air base in Iraq de- resolution S.J. Res. 68, to direct the re- moval of United States Armed Forces from hostilities against the Islamic Re- spite initial reports that no casualties were moval of United States Armed Forces sustained in the attack. from hostilities against the Islamic Re- public of Iran that have not been au- thorized by Congress; as follows: public of Iran that have not been au- SA 1323. Mr. CRAMER (for Mr. GRA- thorized by Congress; as follows: In section 2, amend subsection (b) to read as follows: HAM) proposed an amendment to the On page 1, between lines 7 and 8, insert the (b) RULE OF CONSTRUCTION.—Nothing in bill H.R. 1365, to make technical cor- following: this section shall be construed— rections to the Guam World War II (2) The President has a constitutional re- (1) to prevent the United States from de- Loyalty Recognition Act; as follows: sponsibility to take actions to defend the fending itself, including its territories, citi- Strike all after the enacting clause and in- United States, its territories, possessions, zens, troops, personnel, military bases, and sert the following: citizens, service members, and diplomats diplomatic facilities from attack, including from attack. acting to prevent an attack; or SECTION 1. TECHNICAL CORRECTIONS TO GUAM (2) to restrict missions related to force pro- WORLD WAR II LOYALTY RECOGNI- SA 1315. Mr. RISCH submitted an tection of United States aircraft, ships, or TION ACT. amendment intended to be proposed by personnel. Title XVII of division A of Public Law 114– him to the joint resolution S.J. Res. 68, 328 is amended— to direct the removal of United States SA 1320. Mr. CRAMER (for Mr. RUBIO (1) in section 1703(e)— Armed Forces from hostilities against (for himself and Mr. RISCH)) proposed (A) by striking ‘‘equal to’’ and inserting the Islamic Republic of Iran that have an amendment to the joint resolution ‘‘not to exceed’’; and not been authorized by Congress; which S.J. Res. 68, to direct the removal of (B) by striking ‘‘covered into the Treasury United States Armed Forces from hos- as miscellaneous receipts’’ and inserting was referred to the Committee on For- ‘‘used to reimburse the applicable appropria- eign Relations; as follows: tilities against the Islamic Republic of tions’’; In section 1, strike paragraph (6) and insert Iran that have not been authorized by (2) in section 1704(a) by striking ‘‘, subject the following: Congress; as follows: to the availability of appropriations,’’ and (6) The United States Armed Forces are In section 1, strike paragraph (6) and insert inserting ‘‘from the Claims Fund’’; and not currently engaged in hostilities, as con- the following: (3) by striking section 1707(a).

VerDate Sep 11 2014 04:11 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.043 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 12, 2020 CONGRESSIONAL RECORD — SENATE S1045 AUTHORITY FOR COMMITTEES TO Mr. PAUL. Mr. President, I ask unan- The PRESIDING OFFICER. Without MEET imous consent that the following in- objection, it is so ordered. Mr. CRAMER. Mr. President, I have 7 terns in my office be granted floor The committee-reported amendment, requests for committees to meet during privileges until May 1, 2020: Paige in the nature of a substitute, was today’s session of the Senate. They Grande, Michael Sugden, William agreed to. have the approval of the majority and Scott, and Noah Vehafric. The bill (S. 490), as amended, was or- minority leaders. The PRESIDING OFFICER. Without dered to be engrossed for a third read- Pursuant to rule XXVI, paragraph objection, it is so ordered. ing, was read the third time, and 5(a), of the Standing Rules of the Sen- Mr. ENZI. Mr. President, I ask unani- passed. mous consent that Dan Flavin, a Gov- ate, the following committees are au- f thorized to meet during today’s session ernment Accountability Office detailee of the Senate: on the Budget Committee, be granted floor privileges for the remainder of MAKING TECHNICAL CORRECTIONS COMMITTEE ON BANKING, HOUSING, AND URBAN the Congress. TO THE GUAM WORLD WAR II AFFAIRS The PRESIDING OFFICER. Without LOYALTY RECOGNITION ACT The Committee on Banking, Housing, objection, it is so ordered. Mr. CRAMER. Mr. President, I ask and Urban Affairs is authorized to f unanimous consent that the Com- meet during the session of the Senate mittee on the Judiciary be discharged on Wednesday, February 12, 2020, at 10 B–47 RIDGE DESIGNATION ACT from further consideration of H.R. 1365 a.m., to conduct a hearing. Mr. CRAMER. Mr. President, I ask and the Senate proceed to its imme- COMMITTEE ON COMMERCE, SCIENCE, AND unanimous consent that the Senate diate consideration. TRANSPORTATION proceed to the immediate consider- The PRESIDING OFFICER. The The Committee on Commerce, ation of Calendar No. 343, S. 490. clerk will report the bill by title. Science, and Transportation is author- The PRESIDING OFFICER. The The senior assistant legislative clerk ized to meet during the session of the clerk will report the bill by title. read as follows: Senate on Wednesday, February 12, The senior assistant legislative clerk A bill (H.R. 1365) to make technical correc- 2020, at 10 a.m., to conduct a hearing. read as follows: tions to the Guam World War II Loyalty COMMITTEE ON FINANCE A bill (S. 490) to designate a mountain Recognition Act. The Committee on Finance is author- ridge in the State of Montana as ‘‘B–47 There being no objection, the com- ized to meet during the session of the Ridge’’. mittee was discharged and the Senate Senate on Wednesday, February 12, There being no objection, the Senate proceeded to consider the bill. 2020, at 9 a.m., to conduct a hearing. proceeded to consider the bill, which Mr. CRAMER. I ask unanimous con- COMMITTEE ON FOREIGN RELATIONS had been reported from the Committee sent that the Graham amendment at The Committee on Foreign Relations on Energy and Natural Resources, with the desk be agreed to, and the bill, as is authorized to meet during the ses- an amendment to strike all after the amended, be considered read a third sion of the Senate on Wednesday, Feb- enacting clause and insert in lieu time. ruary 12, 2020, at 10:15 a.m., to conduct thereof the following: The PRESIDING OFFICER. Without a hearing. S. 490 objection, it is so ordered. COMMITTEE ON HOMELAND SECURITY AND Be it enacted by the Senate and House of Rep- The amendment (No. 1323), in the na- GOVERNMENTAL AFFAIRS resentatives of the United States of America in ture of a substitute, was agreed to as The Committee on Homeland Secu- Congress assembled, follows: rity and Governmental Affairs is au- SECTION 1. SHORT TITLE. (Purpose: In the nature of a substitute) thorized to meet during the session of This Act may be cited as the ‘‘B–47 Ridge Des- ignation Act’’. Strike all after the enacting clause and in- the Senate on Wednesday, February 12, sert the following: SEC. 2. DESIGNATION OF B–47 RIDGE, MONTANA. 2020, at 9:30 a.m., to conduct a hearing. SECTION 1. TECHNICAL CORRECTIONS TO GUAM (a) DESIGNATION.— COMMITTEE ON THE JUDICIARY WORLD WAR II LOYALTY RECOGNI- (1) IN GENERAL.—The unnamed mountain TION ACT. ° ′ ″ ° ′ ″ The Committee on the Judiciary is ridge located at 45 14 40.89 N, 110 43 38.75 W Title XVII of division A of Public Law 114– authorized to meet during the session that runs south and west of Emigrant Peak in 328 is amended— of the Senate on Wednesday, February the Absaroka Range in the State of Montana, (1) in section 1703(e)— 12, 2020, at 10 a.m., to conduct a hearing which is the approximate site of a crash of a B– (A) by striking ‘‘equal to’’ and inserting on the following nominations: John 47, shall be known and designated as ‘‘B–47 ‘‘not to exceed’’; and Ridge’’. Leonard Badalamenti, to be United (B) by striking ‘‘covered into the Treasury (2) REFERENCES.—Any reference in a law, as miscellaneous receipts’’ and inserting States District Judge for the Middle map, regulation, document, paper, or other District of Florida, Anna M. Manasco, ‘‘used to reimburse the applicable appropria- record of the United States to the ridge de- tions’’; to be United States District Judge for scribed in paragraph (1) shall be deemed to be a (2) in section 1704(a) by striking ‘‘, subject the Northern District of Alabama, reference to ‘‘B–47 Ridge’’. to the availability of appropriations,’’ and Drew B. Tipton, to be United States (b) AUTHORIZATION FOR PLAQUE.— inserting ‘‘from the Claims Fund’’; and District Judge for the Southern Dis- (1) IN GENERAL.—The Secretary of Agriculture (3) by striking section 1707(a). may authorize the installation and maintenance trict of Texas, and Kathryn C. Davis, of of a plaque on B–47 Ridge that— The amendment was ordered to be Maryland, to be a Judge of the United (A) memorializes the 1962 crash of the B–47 engrossed and the bill to be read a States Court of Federal Claims. aircraft at the site; and third time. SPECIAL COMMITTEE ON AGING (B) may include the names of the victims of The bill was read the third time. The Special Committee on Aging is the crash. Mr. CRAMER. I know of no further authorized to meet during the session (2) AUTHORIZED TERMS AND CONDITIONS.—The debate on the bill, as amended. Secretary of Agriculture may include any terms of the Senate on Wednesday, February and conditions in the authorization for a plaque The PRESIDING OFFICER. Is there 12, 2020, at 9 a.m., to conduct a hearing. under paragraph (1) that the Secretary of Agri- further debate? f culture determines to be necessary. Hearing none, the bill having been (3) FUNDING.—No Federal funds may be used read the third time, the question is, PRIVILEGES OF THE FLOOR to design, procure, install, or maintain the Shall the bill pass? Mr. CARPER. Mr. President, I ask plaque authorized under paragraph (1). The bill (H.R. 1365), as amended, was unanimous consent that Gary Jonesi Mr. CRAMER. I ask unanimous con- passed. and Kristin Butler, two legislative fel- sent that the committee-reported Mr. CRAMER. Mr. President, I ask lows on my staff, be granted privileges amendment be agreed to; that the bill, unanimous consent that the motion to of the floor for the duration of the as amended, be considered read a third reconsider be considered made and laid 116th Congress. time and passed; and the motions to re- upon the table. The PRESIDING OFFICER. Without consider be considered made and laid The PRESIDING OFFICER. Without objection, it is so ordered. upon the table. objection, it is so ordered.

VerDate Sep 11 2014 05:30 Feb 13, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.050 S12FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1046 CONGRESSIONAL RECORD — SENATE February 12, 2020 ORDERS FOR THURSDAY, DEPARTMENT OF JUSTICE To be colonel FEBRUARY 13, 2020 KENNETH CHARLES CANTERBURY, JR., OF SOUTH RYAN T. ARMSTRONG CAROLINA, TO BE DIRECTOR, BUREAU OF ALCOHOL, TO- MARK A. KAPERAK Mr. CRAMER. Mr. President, I ask BACCO, FIREARMS, AND EXPLOSIVES, VICE BYRON TODD KURT N. SISK JONES, RESIGNED. KEVIN M. TRUJILLO unanimous consent that when the Sen- RANDALL D. WENNER ate complete its business today, it ad- THE JUDICIARY SCOTT C. WHITE journ until 9:30 a.m., Thursday, Feb- DAVID W. DUGAN, OF ILLINOIS, TO BE UNITED STATES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF ILLI- TO THE GRADE INDICATED IN THE UNITED STATES ARMY ruary 13; further, that following the NOIS, VICE DAVID R. HERNDON, RETIRED. UNDER TITLE 10, U.S.C., SECTION 624: prayer and pledge, the morning hour be IAIN D. JOHNSTON, OF ILLINOIS, TO BE UNITED STATES To be major DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF ILLI- deemed expired, the Journal of pro- NOIS, VICE FREDERICK J. KAPALA, RETIRED. MICHAEL L. MARSH MICHAEL B. PRATT ceedings be approved to date, the time DEPARTMENT OF JUSTICE for the two leaders be reserved for their BRIAN W. STEVENS TYREECE L. MILLER, OF TENNESSEE, TO BE UNITED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT use later in the day, and morning busi- STATES MARSHAL FOR THE WESTERN DISTRICT OF TEN- TO THE GRADE INDICATED IN THE UNITED STATES ARMY ness be closed; finally, that following NESSEE FOR THE TERM OF FOUR YEARS, VICE JEFFREY MEDICAL CORPS UNDER TITLE 10, U.S. C., SECTIONS 624 AND 7064: leader remarks, the Senate resume THOMAS HOLT, TERM EXPIRED. To be colonel consideration of S.J. Res. 68 under the THE JUDICIARY previous order. FRANKLIN ULYSES VALDERRAMA, OF ILLINOIS, TO BE SYED I. AHMED UNITED STATES DISTRICT JUDGE FOR THE NORTHERN KEVIN S. AKERS The PRESIDING OFFICER. Without DISTRICT OF ILLINOIS, VICE RUBEN CASTILLO, RETIRED. ZACHARY M. ARTHURS objection, it is so ordered. CHRISTY CRISWELL WIEGAND, OF PENNSYLVANIA, TO JASON W. BENNETT BE UNITED STATES DISTRICT JUDGE FOR THE WESTERN TAMARA L. BIEGA Mr. CRAMER. For the information of DISTRICT OF PENNSYLVANIA, VICE PETER J. PHIPPS, MATTHEW A. BORGMAN ELEVATED. JOANNA G. BRANSTETTER all Senators, we will vote in relation to MARK D. BUZZELLI six amendments starting at 10:30 a.m. DEPARTMENT OF JUSTICE JOSEPH G. CHEATHAM ERIC CHIN RICHARD E. ZUCKERMAN, OF MICHIGAN, TO BE AN AS- tomorrow. SUNGHUN CHO SISTANT ATTORNEY GENERAL, VICE KATHRYN PAUL CLARK f KENEALLY, RESIGNED. DANIEL V. CORDARO IN THE AIR FORCE JOHN M. CSOKMAY ADJOURNMENT UNTIL 9:30 A.M. DANIEL CUADRADO TOMORROW THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SCOTT P. CUDA TO THE GRADE INDICATED IN THE UNITED STATES AIR DAVID C. DEBLASIO Mr. CRAMER. Mr. President, if there FORCE UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW J. ECKERT BYRON J. FALER is no further business to come before To be major EDWIN A. FARNELL IV the Senate, I ask unanimous consent WESLEY M. BAKER ERIC C. GARGES that it stand adjourned under the pre- CARTER L. BROWN DAVID L. GREENBURG ZACHARY J. DONES CHRISTINA D. HAHN vious order. JOHN G. MOORE JASMINE J. HAN There being no objection, the Senate, JEDIDIAH J. RODGERS MELVIN D. HELGESON JOSEPH M. TEMPLE PETER M. HENNING at 8:17 p.m., adjourned until Thursday, MARC W. HERR IN THE ARMY ADAM L. HUILLET February 13, 2020, at 9:30 a.m. NICHOLAS JASZCZAK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHESTER C. JEAN f TO THE GRADE INDICATED IN THE RESERVE OF THE PETER KREISHMAN ARMY UNDER TITLE 10, U.S.C., SECTION 12203: NOMINATIONS ADRIAN T. G. KRESS To be colonel ANJALI N. KUNZ Executive nominations received by ANTON P. LACAP DAVID D. HAWKINS JEFFREY N. LACKEY the Senate: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY T. LACZEK JEFFREY B. LANIER FEDERAL ENERGY REGULATORY COMMISSION TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ABIGAIL J. LEE JAMES P. DANLY, OF TENNESSEE, TO BE A MEMBER OF JOSEPH M. LURIA THE FEDERAL ENERGY REGULATORY COMMISSION FOR To be colonel ASHLEY MARANICH NEIL MCMULLIN THE REMAINDER OF THE TERM EXPIRING JUNE 30, 2023, ROBERT M. WAGNER VICE KEVIN J. MCINTYRE. ETHAN A. MILES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAELA MILLER FEDERAL OLD-AGE AND SURVIVORS INSURANCE TO THE GRADE INDICATED IN THE UNITED STATES ARMY JASON M. NAKAMURA TRUST FUND UNDER TITLE 10, U.S.C., SECTION 624: ANICETO J. NAVARRO JUSTIN D. ORR WILLIAM G. DAUSTER, OF MARYLAND, TO BE A MEM- To be lieutenant colonel DAVID J. OSBORN BER OF THE BOARD OF TRUSTEES OF THE FEDERAL PETER J. YOUNG JAMES O. OYEKAN OLD–AGE AND SURVIVORS INSURANCE TRUST FUND AND MATTHEW PFLIPSEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FEDERAL DISABILITY INSURANCE TRUST FUND FOR MATTHEW A. POSNER TO THE GRADE INDICATED IN THE UNITED STATES ARMY A TERM OF FOUR YEARS, VICE ROBERT D. REISCHAUER, SAMUEL L. PRESTON III UNDER TITLE 10, U.S.C., SECTION 624: TERM EXPIRED. JENNIFER PUGLIESE ERIC W. RAWIE FEDERAL HOSPITAL INSURANCE TRUST FUND To be lieutenant colonel MEAGAN M. RIZZO WILLIAM G. DAUSTER, OF MARYLAND, TO BE A MEM- ANDREW S. EVANS KATHLEEN M. SAMSEY BER OF THE BOARD OF TRUSTEES OF THE FEDERAL HOS- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEITH A. SCORZA PITAL INSURANCE TRUST FUND FOR A TERM OF FOUR TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROBERT SHIH YEARS, VICE ROBERT D. REISCHAUER, TERM EXPIRED. UNDER TITLE 10, U.S.C., SECTION 624: EVA SMIETANA VANCE Y. SOHN FEDERAL SUPPLEMENTARY MEDICAL INSURANCE To be lieutenant colonel DAVID R. STAGLIANO JUSTIN J. STEWART TRUST FUND JOHN M. CRAIGHEAD GERALD W. SURRETT WILLIAM G. DAUSTER, OF MARYLAND, TO BE A MEM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JACOB L. TURNQUIST BER OF THE BOARD OF TRUSTEES OF THE FEDERAL SUP- TO THE GRADE INDICATED IN THE UNITED STATES ARMY CHRISTINE M. VACCARO PLEMENTARY MEDICAL INSURANCE TRUST FUND FOR A UNDER TITLE 10, U.S.C., SECTION 624: ROXANNE E. WALLACE TERM OF FOUR YEARS, VICE ROBERT D. REISCHAUER, ERIC D. WEBER TERM EXPIRED. To be major ROSS A. WITTERS SCOTT E. YOUNG NATIONAL FOUNDATION ON THE ARTS AND THE JOSE GARCIA D014798 HUMANITIES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LORENZO CANDELARIA, OF NEW YORK, TO BE A MEM- NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND TO THE GRADE INDICATED IN THE UNITED STATES ARMY BER OF THE NATIONAL COUNCIL ON THE HUMANITIES 7064: DENTAL CORPS UNDER TITLE 10, U.S.C. , SECTIONS 624 AND 7064: FOR A TERM EXPIRING JANUARY 26, 2024, VICE SHELLY To be major COLLEEN LOWE, TERM EXPIRED. To be colonel OSAZE E. OKORO HARRY S TRUMAN SCHOLARSHIP FOUNDATION BRADLEY AEBI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES P. ARNOLD TONY HAMMOND, OF MISSOURI, TO BE A MEMBER OF TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE BOARD OF TRUSTEES OF THE HARRY S TRUMAN TRAVIS J. AUSTIN MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 CHAD BANGERTER SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING DE- AND 7064: CEMBER 10, 2025, VICE JAVAID ANWAR, TERM EXPIRED. CHUN Y. CHAN To be major HUI F. CHIU FEDERAL LABOR RELATIONS AUTHORITY KEITRA T. GEORGE SETH P. OLCESE JOHN K. GOERTEMILLER CATHERINE BIRD, OF TEXAS, TO BE GENERAL COUNSEL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KELLY J. JOHNSON OF THE FEDERAL LABOR RELATIONS AUTHORITY FOR A DANIEL D. KERSTEN TERM OF FIVE YEARS, VICE JULIA AKINS CLARK, TERM TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: SOOMO LEE EXPIRED. PHILLIP W. NEAL OFFICE OF PERSONNEL MANAGEMENT To be major DAVID D. NELSON LISA M. NORBY CRAIG EDWARD LEEN, OF THE DISTRICT OF COLUMBIA, JAMAL D. SNELL KEVIN B. PARKER TO BE INSPECTOR GENERAL, OFFICE OF PERSONNEL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JERROD L. SANDERS MANAGEMENT, VICE PATRICK E. MCFARLAND, RE- TO THE GRADE INDICATED IN THE UNITED STATES ARMY JILL E. SANDERS SIGNED. UNDER TITLE 10, U.S.C., SECTION 624: DAVID TUCKER

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AZURE L. UTLEY MARCO I. CARRILLO MARY C. FINNEN KEVYN WETZEL GREGORY H. CARROLL JOSEPH W. FISCHER SEAN P. CARROLL JEREMY A. FISHER IN THE MARINE CORPS CLAUDIO G. CASANOVA BRIAN C. FLAHERTY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC D. CASH JONATHAN F. FLAUCHER TO THE GRADE INDICATED IN THE UNITED STATES MA- JACOB S. CASTILLO KEVIN S. FLEISCHER RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JOSE A. CASTILLO CHRISTOPHER K. FLETCHER NICHOLAS C. CASTLE LEWIS C. FLINN To be major VINCENTPHI J. CATRINI STEVEN A. FLOOD JAMESON L. CAUBLE JASON M. FLORENCE BENJAMIN M. ABLES PATRICK M. CAVALLARO ANDRE C. FONTANESS DAVID J. ABMA, JR. BOULAT CHAINOUROV JOSEPH R. FORBES JOSEPH C. ACCOUNTIUS JONATHAN A. CHAMPAGNE TYLER W. FORD TYSON W. ADAMS DAVID W. CHARLES ZACHARY P. FOX JESSE D. ADKISON ADAM L. CHASE ADAM J. FRANKLIN GABRIEL AGUIRRECARDENAS JONATHAN S. CHAVEZ LUKE M. FRANKLIN JOSEPH F. ALBANO, JR. BRENDAN J. CHESLEY MANUEL R. FRANQUEZ II HECTOR R. ALEJANDRO DAVID J. CHESTER MICHAEL S. FRAZER SHAWN M. ALEXANDER IVAN CHEUNG THOMAS R. FRICTON SALAHUDIN E. ALI DOMINIC J. CHIAVEROTTI RYAN J. FULLMER LUKE D. ALMENDINGER MATTHEW A. CHOMIAK ZACHARY A. FULMER JESHUA O. ALSTON STEVEN E. CHRISTOPHER DAVID A. FUNNI ANTONIO R. ALVARADO GEORGE J. CHRONIS JASON H. FURMAN JOSE E. ALVARADO JOEL M. CHUPREVICH PATRICK J. GALLAGHER MARIANO ALVARADO BRIAN A. CHWALISZ TRAVIS J. GALLOWAY JORDAN D. AMES CHARLES M. CLARK JAMES J. GALVIN III ALEXANDRA B. ANDERSON MICHAEL R. CLARK ANTHONY J. GANTT, JR. BRIAN M. ANDERSON ROBERT M. CLARY AARON A. GARBADE ERIC S. ANDERSON ROBERT C. CLIFFORD ANDY A. GARCIA JONATHON R. ANDERSON ALEXANDER W. CLONINGER BERNARDO J. GARCIA WESLEY D. ANLIKER DAVID A. COLE II MICHAEL L. GARCIA MEREDITH B. ANTHONY ANDREW H. COLLVER MIGUEL S. GARCIA DARICK A. APITZ FRANKLYN A. COLORADO TYLER W. GARRETT EMANUEL ARAICA NICHOLAS I. COMPTON BRANDON J. GARTON DYLAN A. ARMKNECHT TIMOTHY J. CONDUS ALEXANDRA S. GASS DANIEL J. ASHMORE DANIEL R. CONNOLLY RORY C. GATES EZRAEL C. ATAJAR KENNETH A. CONOVER III ANDREW J. GERDES JUSTIN D. ATKINS MICHAEL J. COOK EARL D. GERLACH JOHN E. AUER MICHAEL A. COOLEY ZACHARY D. GERMERSHAUSEN LANE C. AVERY SHANE K. COOLEY MELISSA I. GIANNETTO ALEX L. AVILA, JR. PETER J. CORCORAN BRYAN A. GIBBS JOSE A. AVITIA NICHOLAS J. CORMIER JEFFREY D. GIBSON MATTHEW S. BABCOCK MATTHEW W. CORNACHIO KELSEY W. GIBSON ANDREW W. BAITY ROBERT J. COSTELLO, JR. LOGAN A. GIGER PHILIP M. BALMES II TANNER W. COURTNEY NATHAN D. GILREATH CAMERON J. BARKER BRANDON W. COX GRAY P. GISH TYLER K. BARRETT STEVEN A. COX JEREMY W. GLASS ALEX W. BARRON JONATHAN D. CRASE STEFAN A. GLIWA BRIAN P. BARRY ADAM E. CRAWFORD JAMES D. GLOVER ANDREW C. BARTON ADAM M. CRISE ERIKA GODINEZ CODY M. BARTON JORDAN E. CROCKETT GEORGE W. GOLDEN II OWEN E. BASHAW ANDREW C. CRUZ JEREMY G. GOLDSTEIN BRIAN D. BASSI JOHN P. CRUZ DANIEL GONZALEZ FELIPE A. BAYONA MICHAEL A. CUBILLOS TY E. GOODBAR KEITH A. BEERS JEREMIAH J. CULP THOMAS J. GOODMAN JUDAH M. BEGAB RACHEL E. CUMMINGS MATTHEW J. GORDON RYAN D. BEIL SEAN A. CUNNINGHAM SCOTT R. GORNALL JESSE A. BENNETT WILLIAM C. CUNNINGHAM OUSMANE M. GOUMANDAKOYE RICHARD B. BENNING WILLIAM H. CUNNINGHAM II KINGSLEE G. GOURRICK BRYAN C. BERGMAN PRESTON P. CURRY BRETT E. GRADY TREVOR A. BERGMAN SEAN T. DALEY DANIEL P. GRANT CHRISTOPHER R. BERTUCCI JARED S. DALTON ANGELA R. GRDINA DAVID M. BICK RYAN J. DALY CHRISTOPHER M. GREEN RALPH W. BIDDLE THOMAS J. DAMREN JUSTIN T. GREEN MATTHEW D. BIESECKER CHRISTOPHER M. DANIEL BRIAN R. GREUNKE ROBERT D. BILLARD, JR. MATTHEW E. DANIELSON JASON R. GRIFFIN MICHAEL P. BILLINGS TYLER W. DAVENPORT CLAYTON A. GROOVER PETER M. BIRKELAND, JR. SAMUEL P. DAVID SHANNON L. GROSS KEVIN J. BISHOP TREVOR S. DAVISON ALEXANDER I. GRUBBS JUSTIN R. BISSELL ADAM T. DEITRICH GERARDO GUETA LARRY S. BLACK, JR. BRANDON T. DELL ROBERT J. GUILFOYLE NATHAN J. BLACKWELL CHARLYNE DELUS ADAM L. GUSME ALEXANDER B. BLANK GRAHAM T. DENNISTON KATHERINE H. GUTHRIE STEPHEN A. BLOODSWORTH TODD A. DENTON PIERCE C. GUTHRIE ALLAN R. BOEHM CHRISTOPHER A. DENZEL CYRUS B. HALL II STEPHAN A. BOHANAN BENJAMIN M. DIAMON TREVOR W. HALL BRADLEY M. BOLTON JUAN DIAZ SHANE F. HALPERN ANDREW B. BONELL ANDREW S. DIBBLE LEIF C. HALVERSON JONATHAN B. BONG MATTHEW D. DIESKA BRIAN C. HAMPTON KATHERINE E. BOOKHOUT MALLORY A. DIETRICH JANELL G. HANF KYLE A. BOOKHOUT BRETT H. DISHER MATTHEW S. HANKS JOSHUA C. BOOKWALTER SARA R. DIXON MICHAEL T. HANLON GREGG R. BORMAN BRANDON M. DORSETT KRISTIN E. HANNA JONATHON E. BOUSKA MATTHEW G. DORTON JAMES A. HANSEN ANTONIO B. BOYD CHRISTINE E. DOUDELL JON D. HARDCASTLE KATE M. BRANNON CHRISTOPHER M. DOYLE WILLIAM L. HARDING LOGAN A. BREWER STUART A. DRASH CLAYTON D. HARRIS ANTHONY R. BRICH THOMAS R. DUDRO DAVID J. HARRIS BENJAMIN J. BRIDA PERRY A. DUNCAN JONATHAN M. HARRIS BENJAMIN P. BROADMEADOW KYLE S. DURANT ROBERT M. HARRISON JASON M. BROCK ANDREW C. DUWELL RYAN J. HART JOSEPH O. BROMEN ROBERT E. DZVONICK CAMERON C. HARTNER STEPHEN K. BROWER, JR. SCOTT A. EASLEY PATRICK S. HASSETT AARON E. BROWN RODNEY L. EBERSOLE THOMAS W. HATHAWAY AUSTIN A. BROWN DANIEL C. ECKERT TALYA C. HAVICE CALEB O. BROWN JORDAN A. EDDINGTON JOSEPH W. HAWKINSON RICHARD A. BROWN COLIN J. EDWARDS RICHARD A. HAYEK STEPHEN A. BROWN ELLE M. EKMAN KYLE J. HAYHURST MICHAEL E. BRUCE JOSHUA P. ELLIOTT HERMAN R. HAYNES JOSEPH C. BURGER II KENNETH M. ENDICOTT MICHAEL A. HAYNES MARTIN X. BURKE DANIEL E. ENGLISH STEPHANIE G. HEBDA NICHOLAS J. BURLEY JOSHUA K. ENTREKIN TYLER T. HELMICK TIMOTHY A. BURNAM CHAD M. ERNST JOHN F. HELMS JACOB T. BURTON BRANDON L. ERWIN LUCAS A. HELMS PHILLIP G. BUSCHANG DANIEL A. ERWIN JESS M. HESSOCK BRUCE H. BYRD KEVIN S. ESTES DAVID J. HEUWETTER III AARON A. CADORETTE AARON J. FALK ANDREW M. HICKS OWEN E. CAHILL EVAN A. FARLEY ANDREW N. HILLER GENTRY T. CALHOUN JUSTIN E. FARNELL JAMES J. HOERTT RONALD CALLOWAY II DANIEL J. FAWCETT PETER H. HOFINGA NATHAN A. CAMPBELL BRITTANY R. FAYOS NORMAN B. HOLCOMBE TYREL L. CAMPBELL CHARLES M. FELPS RYAN P. HOLLAND MATTHEW J. CAREY JOHNATHAN R. FERGERSON TRAVIS A. HOLLAND TODD A. CARLSON JACOB A. FERNANDEZ MICHAEL K. HOLOMAN GEORGE W. CARPENTER II JOSHUA N. FERNANDEZ BLAIR J. HOLVA RHETT E. CARPENTER MARK A. FERRIS RYAN H. HOMIRE DARRIN K. CARRIER EVAN K. FIELD NICHOLAS G. HONAN

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ERIK S. HOPKINS CORINNA R. MARTINEZ CLIFFORD E. PLASS ANDREW R. HORGAN ROBERTO A. MARTINS, JR. LUKE E. PLAYER LUCIANA E. HORIGAN MATTHEW R. MASSMAN ALEXANDER M. POLIVKA CAROLYN M. HORIYE JOSHUA K. MAST ALEXANDER M. PONCE TRAVIS E. HORNER NATHAN J. MAST JOSEPH R. POPOVICH JASON R. HOTALEN MICHAEL A. MATHEWS AUSTIN J. PORTER MICHAEL C. HOWLEY KRISTIN A. MATHIAS ROSS A. POSPISIL DI HU JACOB T. MATHIESON NICHOLAS A. PRETTY BRIAN K. HUA ERIN D. MATHIS BENJAMIN M. PRICE CAMERON A. HUBBARD MICHAEL A. MAU SEAN K. PRICE NICHOLAS W. HUDDLESON JOSEPH P. MAY MATTHEW R. PRIMM CHANCE A. HUGHES TRAVER K. MAYFIELD LOUIS E. PROSPERIE III JESSE D. HUME ROYSE W. MAYO EDWARD C. PROULX DANIEL C. HUPP WILLIAM H. MCCABE, JR. JACOB D. PRYOR KYLE E. HUSTON BEN E. MCCALEB III DANIEL J. PUTNAM PAUL M. HUTCHINSON ADAM L. MCCOY NICK G. PYPER ROYCE B. HYLAND BRANDEN C. MCGAHA BENJAMIN E. RADCLIFF STEPHANIE V. IACOBUCCI JAMES J. MCGEADY BRIAN R. RAIKE OKECHUKWU U. IHENACHO THOMAS P. MCKAVITT III DUSTIN M. RALPH JEFFREY D. ILLIES, JR. IAN T. MCKECHNIE ANTHONY A. RAMSEY HECTOR J. INFANTE CLIFTON K. MCKENZIE IV CHARLES C. RANDOLPH ANDREW G. IRVIN KYLE K. MCLEOD BRETT E. RANKIN AKHIL R. IYER CONOR L. MCMAHON RYAN C. RATCLIFFE GREGORY R. JAUNAL TAYLOR A. MEAVE BRANSON C. REED MARC D. JESSUP ERIC C. MEEDER KIEL A. REESE VINCENT E. JOCHEN NICHOLAS J. MEIER JORDAN M. REID ANDREW J. JOHNSON ROWDY L. MEINEN PATRICK S. REILLY GRAHAM K. JOHNSON STEPHEN C. MERCER RANDY L. RHINEHART JACOB A. JOHNSON HOLLY J. MEREDITH LESLIE R. RICE MATTHEW A. JOHNSON JOSEPH C. MESSMER PHILLIP H. RICHARD THOMAS C. JOHNSON DALE E. METCALF, JR. JACOB J. RIES ANDREW B. JONES MICHAEL H. MIERSMA ZACHARIAH D. RILEY DAVID O. JONES JONATHAN A. MIKKELSON CIPRIANO RIVERA MORGAN T. JORDAN ANDREW J. MILLER JONATHAN M. RIX ELLIOTT A. JOSES DAVID A. MILLER II CHRISTOPHER A. ROBBINS ZEBULUN Z. JOSEY JORDAN D. MILLER DAVID W. ROBERTS BRENT E. JURMU PATRICK K. MILLIKIN KYLE O. RODGERS GREGORY J. JURSCHAK AARON P. MILLS BRADLEY T. ROENSCH JOSEPH H. KACZMAREK THOMAS D. MILROY MATTHEW S. ROLAND KAIPONOA H. KAHEAKUENHADA GAVIN J. MIRANDA JEFFREY J. ROLLINS ALTAN D. KANDIYELI ANDREW M. MIRSCH DANIEL A. ROMANS STEVEN D. KASDAN SAMUEL J. MODICA JOSE C. ROMERO KYLE E. KAUFFMAN KATIE L. MODZELEWSKI RYAN M. ROOP ALBERT D. KAYKOV PATRICK J. MOECHER TED A. ROSE EVAN F. KEEL NICHOLAS K. MOELLER VICTOR C. ROSE DENNIS G. KELLER, JR. ANTHONY J. MOLESPHINI IV KYLE R. ROSEN MICHAEL S. KELLY EMILIE M. MONAGHAN KEITH Q. RUDOLF MICHAEL D. KENNEDY MICHAEL P. MONAGHAN ERIC J. RUSSELL JOSHUA T. KETTENTON DYLAN T. MONTAMBO ALEX W. RYAN NICHOLAS S. KING ERIC M. MONTGOMERY JESSICA L. RYAN KEEGAN R. KINKADE MARK C. MOORE ANTHONY R. RYBICKI KYLE E. KIRCH PATRICK R. MOORE RUSS G. RYDER PATRICK M. KIRK ELI J. MORALES ROBERT H. RYLAND RYAN M. KLENKE PAUL P. MOREAU BARNARD J. SABIN WILLIAM J. KNIES RICARDO F. MOREIRA JOHN J. SABOL III JONATHAN E. KNIGHT ALEXANDER A. MORROW MEREDITH L. SAKOVICH ERIC A. KOEPP ROBERT W. MORTENSON MARISOL SALGADO PHILLIP G. KOHLER CORY C. MOSSBERGER SEAN C. SASSO JON M. KOSHUTA WILLIAM J. MOSSOR RYAN S. SAWYER MARK P. KRATZER CAMERON B. MOURY JONATHAN C. SCARFE WADE T. KREAMER CORY R. MOYER NICHOLAS J. SCARSELLA JASON E. KREMERS JESSE F. MOYLES SCOTT A. SCHACTLER CHRISTOPHER C. KRUSEMARK AUSTIN J. MUFFLY CHRISTOPHER S. SCHECKEL JOSHUA R. KUIPER SUZANNE L. MULET PHILIP R. SCHMITZ YUK W. KWAN JEFFREY T. MURDZA BRANDAN R. SCHOFIELD ZACHARY P. LAMAR JASON C. MURPHY LUKE W. SCHOLL WILLIAM M. LAMBUTH, JR. DOUGLAS M. MURRAY CHELSEA R. SCOTT GEOFFREY R. LANCASTER NICHOLAS P. MUSTO MICHAEL D. SCOTTO GERALD F. LANDHOLT III JOHN T. NANCE THOMAS G. SCOVEL DANIEL A. LANE ROBERT M. NARANJO JOSHUA W. SEDLOCK ALEX M. LANG AMEEN A. NASSER COREN M. SEGLEM DANIEL P. LANGFORD NATHANIEL P. NAVARO JAVIER E. SEGURA JOSHUA E. LANGHAM MOISES A. NAVAS JUSTIN J. SEIGNEMARTIN ERICK C. LAQUE TRAVIS A. NEESMITH WILLIAM D. SHANAHAN RICHARD B. LARGER, JR. JOSE M. NEGRETE DAVID M. SHANK ANDREW M. LARK DARYL C. NEILL DAVID S. SHARP CHASE T. LAURITA THOMAS S. NELL JOSHUA G. SHARP BENJAMIN H. LEAPE BRADLEY L. NELSON JAMES G. SHEATZLEY QUENTIN M. LEDAY BRIAN C. NERI MICHELLE M. SHOENBERGER DANIEL LEE JONATHAN E. NEWBOLD JACOB A. SHOWALTER JOHN C. LEE CHARLES Z. NEWCOMB ISAAC J. SHULTS JONG M. LEE CHRISTOPHER M. NGUYEN CYNTHIA G. SIEBEN JUSTIN E. LENIO JOEL C. NIENABER STEVEN C. SIFUENTES JOSHUA A. LETTEER ERIC K. NILSSON J C. SIMPSON MELINDA A. LEWALLEN WESLEY M. NIX MATTHEW J. SIMPSON TYLER C. LEWIS MICHAEL H. NOLAN BRUCE A. SIMS BRIAN T. LEWTON SCOTT W. NOONAN SHAWNA L. SINNOTT JOHN H. LINDBERG, JR. STEVEN E. NYE, JR. WESLAND C. SINOR LAURA R. LINDENTHAL CHRISTOPHER W. OBRIEN JAMES M. SISSON II PAUL R. LINDHOLM KEVIN T. OCONNOR PATRICK A. SKEHAN SCOTT C. LINDSAY LIAM P. OLONE BRANDON L. SMITH SETH J. LONG NICHOLAS S. OLTMAN CURTIS A. SMITH WILLIAM D. LONG TIMOTHY A. ORNELAS JONATHAN S. SMITH MATTHEW H. LOOKFONG KYLE N. OWENS JAY T. SNELLING ADRIAN L. LOPEZ DAVID A. PADGETT JOHNATHAN R. SNIDER CESAR A. LOPEZ WILLIAM C. PAFFETT ZACHARY K. SNIVELY CRISTINA LOPEZ BRETT A. PAPALE JOHN M. SNYDER JOSEPH R. LOUSCHE CHUN H. PARK JOSHUA B. SOLTAN MICHAEL R. LOVEJOY ZULLY G. PASINDORUBIO MATTHEW T. SOMMER MATTHEW D. LOWEN DANIEL J. PATON DANNY D. SORRELLS FREDERICK A. LUMPKIN TAYLOR H. PAUL BRANDY A. SOUBLET SAMUEL R. LUTZ MATTHEW L. PAULL AARON T. STAGGS NICHOLAS G. MACALUSO NICHOLAS D. PELTIER CLINTON R. STASCHKE MICHAEL J. MADER TYLER A. PENCEK SCOTT A. STEELE PATRICK A. MADRID BRANDON W. PENNER BRITTANY S. STEENBERGE JEFFREY P. MAGNUSSEN DAVID H. PERKINS RYAN W. STEENBERGE PHILIP M. MAHNE THOMAS J. PERNA JAMES F. STENGER JASON K. MAHUNA NICHOLAS D. PETERS KEVIN E. STEPHENSEN JEFFERY A. MALLINGER BRYAN S. PETERSON CHARLES J. STEVENSON RICKY M. MANSYUR ROBERT D. PFEIL II CONOR W. STEWART ZACHARY S. MARAVILLAS PAUL E. PFLUKE WILLIAM L. STEWART JONATHON R. MARSH DAVID V. PHAM KEVIN J. STIER RICHARD C. MARSHALL SAMUEL E. PHILLIPS MATTHEW E. STILSON DANIEL P. MARTIN STEVEN R. PICKETT NATHAN W. STINSON JOSHUA L. MARTIN ROGER G. PIERCE ROBERT T. STOCKMAN III KEVIN F. MARTIN FRANCISCO L. PIETRI ALICE K. STODDARD LEWIS H. MARTIN EDWARD T. PINNELL III MARK R. STONE

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KELLY T. STRECK PHILIP M. WHEAT PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JOSEPH P. STRUMOLO DANIEL P. WHELAN TO THE REPUBLIC OF PALAU. ERIC T. STYLES DAVID L. WHITE DONALD WRIGHT, OF VIRGINIA, A CAREER MEMBER OF SCOTT D. SUESS DOUGLAS D. WHITE THE SENIOR EXECUTIVE SERVICE, TO BE AMBASSADOR JAMES P. SULLIVAN, JR. JAY S. WHITE EXTRAORDINARY AND PLENIPOTENTIARY OF THE KEVIN M. SULLIVAN DANIEL W. WILLETT UNITED STATES OF AMERICA TO THE UNITED REPUBLIC BENJAMIN F. SUTPHEN ANDREW T. WILLEY OF TANZANIA. LAURA A. SWANSON ISAAC S. WILLIAMS DOROTHY SHEA, OF NORTH CAROLINA, A CAREER MEM- MICHAEL P. SWEANEY RYAN P. WILLIAMS BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- DILAN M. SWIFT BRANDON M. WILSEY ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- RICHARD G. SYKES JOHN C. WILSON III DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ANDREW L. TAULBEE SCOTT T. WILSON OF AMERICA TO THE LEBANESE REPUBLIC. JASON A. TAYLOR THOMAS M. WILSON TODD C. CHAPMAN, OF TEXAS, A CAREER MEMBER OF RICHARD M. TEDESCHI WYATT E. WILSON THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- JONATHAN R. THOMAS NATHAN R. WININGS COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND MARTIN O. THOMAS ZACHARY J. WINTERS PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA MYRON J. THOMAS MICHAEL J. WISH TO THE FEDERATIVE REPUBLIC OF BRAZIL. BRYAN A. THOMPSON SCHUYLER M. WITT VERONICA A. TIJERINA ROBERT W. WOLFF THE JUDICIARY SETH M. TOMPKINS CLINTON L. WOODS KEVIN P. TRACY ANDREW LYNN BRASHER, OF ALABAMA, TO BE UNITED AUSTIN C. WORTH STATES CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT. NICHOLAS B. TRAPASSO TIMOTHY D. WRENN, JR. MATTHEW D. TREVINO JAMES J. WUESTMAN CHRISTOPHER J. TROKE BRYANT C. YEE f MICHAEL L. TROMBITAS ZACHARY S. YOXTHEIMER OWEN T. TROTMAN JENNER M. YUHAS MICHAEL R. TRUMM CONFIRMATIONS MATTHEW S. ZACH HUY N. TRUONG DANIEL H. ZIMLICH JONATHAN D. TURELLO Executive nominations confirmed by GREGORY R. ZINGLER MATTHEW D. TWEEDY the Senate February 12, 2020: MYLES F. TWEEDY FOREIGN SERVICE KRISTOPHER A. ULBRICH THE JUDICIARY ROTHANA L. UM THE FOLLOWING–NAMED CAREER MEMBERS OF THE JOHN FITZGERALD KNESS, OF ILLINOIS, TO BE UNITED NOLAN R. UTTERBACK SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT MICHAEL T. VALDEZ RICULTURE FOR PROMOTION WITHIN THE SENIOR FOR- OF ILLINOIS. ADAN VAZQUEZ EIGN SERVICE OF THE UNITED STATES OF AMERICA, PHILIP M. HALPERN, OF NEW YORK, TO BE UNITED JAMES H. VEGA CLASS OF MINISTER–COUNSELOR: STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT TAMARA J. VELDING DEANNA M. J. AYALA, OF MINNESOTA OF NEW YORK. AARON E. VIANA ROBERT HENRY HANSON, OF MARYLAND JOSHUA M. KINDRED, OF ALASKA, TO BE UNITED TRAVIS J. VONEPS DARYA CHEHREZAD, OF CALIFORNIA CURTIS WADE III STATES DISTRICT JUDGE FOR THE DISTRICT OF ALASKA. THE FOLLOWING–NAMED CAREER MEMBERS OF THE MICHAEL J. WAGAMAN MATTHEW THOMAS SCHELP, OF MISSOURI, TO BE FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR MATTHEW A. WAGNER UNITED STATES DISTRICT JUDGE FOR THE EASTERN FOREIGN SERVICE, CLASS OF COUNSELOR: NICHOLAS E. WAGNER DISTRICT OF MISSOURI. PETER R. WAGNER CASEY EBEN BEAN, OF MARYLAND KHALID R. WAHEED CHRISTINE STROSSMAN, OF FLORIDA f JONATHAN W. WALKER THE FOLLOWING–NAMED CAREER MEMBER OF THE BRIAN M. WALSH SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- WITHDRAWALS BRETT J. WARMING RICULTURE FOR PROMOTION WITHIN THE SENIOR FOR- KRISTINA F. WARREN EIGN SERVICE OF THE UNITED STATES OF AMERICA, Executive Message transmitted by HELEN C. WATSON CLASS OF CAREER MINISTER: MICHAEL D. WATTS the President to the Senate on Feb- CLAY M. HAMILTON, OF TEXAS RAYMOND C. WEBB II ruary 12, 2020 withdrawing from further JONATHAN D. WEBBER f RICHARD WEBER Senate consideration the following SCOTT J. WEIBLING CONFIRMATIONS nominations: MATTHEW D. WEINBERG JEFFREY R. WEINMEISTER Executive nominations confirmed by JESSIE K. LIU, OF VIRGINIA, TO BE UNDER SECRETARY JOSHUA B. WELCH FOR TERRORISM AND FINANCIAL CRIMES, VICE SIGAL JERRY W. WELLS IV the Senate February 11, 2020: MANDELKER, RESIGNED, WHICH WAS SENT TO THE SEN- IAN M. WELPE DEPARTMENT OF STATE ATE ON JANUARY 6, 2020. CHRISTOPHER R. WERNER J. DAVID PATTERSON, OF TENNESSEE, TO BE DEPUTY JOSHUA M. WESTLUND JOHN HENNESSEY-NILAND, OF ILLINOIS, A CAREER UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND SEAN R. WETHERILL MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF READINESS, VICE LAURA JUNOR, RESIGNED, WHICH WAS PAMELA R. WHALEN COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND SENT TO THE SENATE ON JANUARY 9, 2020.

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