S5198 CONGRESSIONAL RECORD — SENATE September 12, 2017 More trickle-down economics, more Kevin’s nomination has received sup- Merkley Schumer Wyden Sanders Udall tax cuts for the rich are not the ways port from an ideologically diverse Schatz Warren to build an economy. We build an econ- group of notable economists, including omy by building from the middle class past CEA Chairmen. Additionally, the NOT VOTING—3 out. That means a tax system and a Senate Banking Committee approved Menendez Nelson Rubio trade system that works for Greenfield, his nomination by voice vote. The nomination was confirmed. MA, and works for Mansfield, OH. I am pleased to support Kevin’s nom- The PRESIDING OFFICER. Under Mr. CRAPO. Mr President, I support ination today. I wish him, his lovely the previous order, the motion to re- the nomination of Mr. Kevin Allen wife, Kristie, and their sons, John and consider is considered made and laid Hassett to serve as Chairman of the Jamie, all of the best in this new chap- upon the table and the President will Council of Economic Advisers. His ter of their lives. be immediately notified of the Senate’s nomination received wide bipartisan Mr. BROWN. I suggest the absence of action. support, not only in the Banking Com- a quorum. f mittee, but also from other esteemed The PRESIDING OFFICER. The members of his profession. clerk will call the roll. LEGISLATIVE SESSION Mr. Hassett was voted out of our The senior assistant legislative clerk The PRESIDING OFFICER. Under committee on a voice vote with wide- proceeded to call the roll. spread support. We received a letter in the previous order, the Senate will re- Mr. CASSIDY. Mr. President, I ask sume legislative session. favor of his nomination signed by a bi- unanimous consent that the order for partisan group of 44 economists, in- the quorum call be rescinded. f cluding 14 former Chairmen of the The PRESIDING OFFICER. Without Council of Economic Advisers and two NATIONAL DEFENSE AUTHORIZA- objection, it is so ordered. TION ACT FOR FISCAL YEAR former Federal Reserve Chairmen. At All time has expired. Mr. Hassett’s confirmation hearing, he 2018—MOTION TO PROCEED—Con- The question is, Will the Senate ad- tinued expertly fielded questions on a wide vise and consent to the Hassett nomi- The PRESIDING OFFICER. The Sen- range of economic issues and provided nation? insights on progrowth policies that ator from Kentucky. Mr. CASSIDY. Mr. President, I ask would support all members of the econ- Mr. PAUL. Mr. President, I rise for the yeas and nays. omy. In my office, we discussed at today to oppose unauthorized, The PRESIDING OFFICER. Is there a length his extensive experience in eco- undeclared, and unconstitutional war. sufficient second? nomic and tax policy modeling. What we have today is basically unlim- There appears to be a sufficient sec- Mr. Hassett brings a wealth of rel- ited war, anywhere, anytime, anyplace ond. evant experience in academia, govern- upon the globe. The clerk will call the roll. ment, and policy. His counsel, insight, My amendment would sunset in 6 The senior assistant legislative clerk and expertise will be invaluable as the months the 2001 and 2002 authorizations called the roll. administration addresses initiatives for use of force. What does that mean? Mr. CORNYN. The following Senator like tax reform, which undoubtedly This was legislation passed many years is necessarily absent: the Senator from will have a large impact on the macro ago to go after the people who attacked Florida (Mr. RUBIO). economy. us on 9/11. I supported that battle, but Further, if present and voting, the Thank you. I think the mission is long since over. Senator from Florida (Mr. RUBIO) Mr. MCCAIN. Mr. President, I am I don’t think anyone with an ounce of would have voted ‘‘yea.’’ pleased to support the nomination of intellectual honesty believes these au- Mr. DURBIN. I announce that the Dr. Kevin Hassett to be Chairman of thorizations from 16 years ago and 14 Senator from New Jersey (Mr. MENEN- the Council of Economic Advisers. years ago—I don’t think anyone with DEZ) and the Senator from Florida (Mr. Kevin is exceptionally qualified to be intellectual honesty believes they au- Chairman of the CEA, where he will NELSON) are necessarily absent. thorized war in seven different coun- play an integral role in tax reform and The PRESIDING OFFICER (Mr. tries. shaping this administration’s HOEVEN). Are there any other Senators Not only is it lives we are losing, the progrowth economic policies. in the Chamber desiring to vote? American soldiers, the brave young I have known Kevin for quite some— The result was announced—yeas 81, men and women who are sent to dis- beginning when he served as the chief nays 16, as follows: economic adviser to my Presidential tant lands and asked to give their lives [Rollcall Vote No. 194 Ex.] for their country without the Senate campaign in 2000. The only time I have YEAS—81 doubted his intellect was when he taking the time to authorize the war— Alexander Feinstein Murkowski agreed to return to advise for my 2008 I think that is terribly unjust and Baldwin Fischer Murphy should end. Presidential campaign. Barrasso Flake Murray He has an extensive economic career Bennet Franken Paul There are some who argue that we spanning multiple administrations, in- Blunt Gardner Perdue don’t even need to vote at all. Some of Boozman Graham Peters the Presidents, Republican and Demo- cluding those of Presidents Clinton and Brown Grassley Portman George H.W. Bush. Currently, Kevin Burr Hassan Reed cratic, have said they have article II— works at the American Enterprise In- Cantwell Hatch Risch this is the second article of the Con- Capito Heitkamp Roberts stitution—they say that by the Con- stitute, AEI, as the State Farm James Cardin Heller Rounds Q. Wilson Chair in American Politics Carper Hoeven Sasse stitution, they can do what they want, and Culture and director of Research Casey Inhofe Scott when they want, where they want, and for Domestic Policy. Before joining Cassidy Isakson Shaheen that Congress never has to approve Cochran Johnson Shelby their authorization and never has to AEI, Kevin served as a senior econo- Collins Kaine Stabenow mist at the Federal Reserve and did a Coons Kennedy Strange give authority to go to war. These ad- stint at Columbia Business School Corker King Sullivan vocates of perpetual war argue that teaching economics and finance. Cornyn Klobuchar Tester these powers are implicit and that no Cotton Lankford Thune To understand fully how smart he is, Crapo Leahy Tillis one can stop a President who wants to Kevin’s former colleague told me the Cruz Lee Toomey go to war. story of how he printed out a 400-plus Daines Manchin Van Hollen This is diametrically opposite of page technical paper at the request of Donnelly McCain Warner what our Founding Fathers thought. Durbin McCaskill Whitehouse Kevin, only to realize he had printed Enzi McConnell Wicker Madison in particular disagreed. Madi- out the original German version rather Ernst Moran Young son wrote that the executive branch is than an English translation. Without NAYS—16 the branch most prone to go to war; batting an eye, Kevin said ‘‘no prob- therefore, the Constitution, with stud- Blumenthal Duckworth Heinrich lem’’ and went about reading the schol- Booker Gillibrand Hirono ied care, vested that power in the Con- arly report in German. Cortez Masto Harris Markey gress. Our Founding Fathers saw the

VerDate Sep 11 2014 00:40 Sep 13, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G12SE6.012 S12SEPT1 SSpencer on DSKBBV9HB2PROD with SENATE September 12, 2017 CONGRESSIONAL RECORD — SENATE S5199 history of Europe as the perpetual his- military force to go in? Three days. to Afghanistan, you think somehow it tory of war—brothers fighting broth- People say Congress will never get it will make our country safer, let’s vote ers, Kings of two different countries done. Maybe it is because we are di- on it. So what I am advocating is a who were cousins, brothers, uncles, fa- vided. vote. For the first time in 16 years, I thers, sons. The history of Europe was We haven’t been attacked, we have am advocating that we should vote on perpetual war. no clear purpose in Afghanistan, and whether we should be at war. It should When we broke away, we said: We are there is no clear route to victory. Real- be a simple vote, but it is like pulling going to have some checks and bal- ize that in 2011 President Obama put teeth. I have been trying very hard to ances in place. We are going to make it 100,000 troops into Afghanistan. Sure, get this vote for 5 years now. I am this difficult to go to war. We are going to he pushed the Taliban back. Where did close. I am hoping to get the vote vest that power in the Congress. they go? To our ally Pakistan, which today or tomorrow, but it isn’t easy be- But somewhere along the way, we has gotten billions and billions of dol- cause we have been obstructing and ob- lost our way, and we now commit our- lars of American welfare and as we sit structing, and no one wants to be on selves to war or one man or one woman here is destined to get another half a the line. Yet that is why we are elect- commits us to war without any vote by million of your money in American ed—to put our names, our John Han- Congress. This is not what our Found- welfare over the next month. Billions cock, on the line. Are you for the war ing Fathers intended. and billions of dollars we send to Paki- or against the war? Former President Obama, when he stan, but where does the Taliban live? I am done. I am done. I am ready to was a candidate, wrote that no Presi- In Pakistan. They run back and forth come home. I remember my father say- dent should unilaterally go to war un- across the border. ing, in 2008, in one of the Presidential less we were under imminent attack. So we have to ask the question, What debates, when they asked ‘‘How will That is the understanding of the Con- is our purpose? Are we nation building? you get the people home?’’ he said ‘‘We stitution that most originalists take. We spend hundreds of billions of dollars just marched in, and we can just march Yet, once Mr. Obama was in the White building their roads, building their out.’’ House, he bombed seven different coun- bridges, building their schools. They There is no more meaning or purpose tries. He expanded the use of Executive bomb them, we bomb them—somebody in Afghanistan. We had 100,000 troops power. He expanded the war-making bombs them, and then we rebuild them there in 2011. All of the Taliban scur- power of the Presidency, even while all again. ried into Pakistan, and as soon as the along saying that he was for a nar- We have $150 billion worth of damage troops diminished, they went back. rower interpretation. in Texas. Do you know how we should Some people take from that lesson— Candidate Trump said that the war pay for it? Let’s quit sending welfare to they say: We need 200,000 or we need in Afghanistan had lost its purpose, foreign countries. Let’s look at our half a million troops or we need to stay that it was a disaster, and that it country first, the problems we have there forever and police every corner should end. He said that on maybe 15 here, rebuild our roads, our bridges, for them. I take it to mean that the different occasions. Yet, now that he is our schools, and not borrow it, not add governments themselves over there do in the White House, the generals have to a $20 trillion debt. Take the money not have the popular support of the said: We must fight on. We must con- we are sending in welfare to foreign people. Stand up and fight for your country. tinue to fight. If we leave, the Taliban countries and let’s rebuild our own. Half of the people in Afghanistan who will take over. We are at war in seven countries— My question is, When will the Af- none of them voted on by Congress. Is were helping us over there came to our ghans stand up and fight? We have it expensive? Yes, to the tune of tril- country. They fled. It is the same with spent $1 trillion helping them. We lions of dollars. Iraq. All of the good people in Iraq— our translators, pro-Western people— spent billions of dollars trying to con- Today we will debate the issue of war came to our country. I understand vince them not to grow the poppy that and whether Congress is constitu- wanting to come to a good place, but it becomes the opium that addicts the tionally bound to declare war. We will would be like having the people who world. Yet last year Afghanistan had debate whether one generation can signed the Declaration of Independ- the biggest crop of poppy they have bind another generation to perpetual ence, after they had fought the war and ever had in recent history. The people war. America had won, going back to Eng- who run Afghanistan, whom we put in We are at the point where we have land and saying: Oh, it is dangerous in to govern, the Karzai family—full of been in Afghanistan so long that with- the new country. Yet that is what we drug dealers, crooks, and thieves. You in the next year, there will be people fighting who were not yet born on 9/11. have been saying year after year, so wonder why they are not popular in the people who have pro-Western val- This war no longer has anything to do their own country. But my question is, ues from Afghanistan now live in the with 9/11, no longer has anything to do Where did the $1 trillion go? Why can’t United States and the same in Iraq. they defend themselves? Why do we with any vital interest in our country. The thing is that we need to have have to fight their wars for them? It has to do with us believing we could some tough love. They need to practice One thing is certain: The war was not reshape the world and make the world some responsibility, and they need to authorized by you, the people, and the safe for democracy—everyone is going take ownership of their country. But as war was not authorized by us, the Con- to love America, and everyone is going long as you coddle people, as long as gress, and therefore the war is uncon- to become a western style democracy. you give people stuff, and as long as stitutional. The war is unauthorized. Guess what? It is never going to hap- you fight their wars for them, they are You say: Well, do we ever get it pen. not going to step up and fight. right? Have we ever voted to authorize Afghanistan is not even a real coun- We are going to debate whether Af- war? try; it is a collection of five or six trib- ghanistan is a winnable war. Yes, we have. When we went to war al lands that were stuck together by We will also debate whether war in in Afghanistan the first time—and I Europeans who had no knowledge of Yemen is in our national interest. Most would have voted yes—there was a the local people. They don’t even like of America does not know that we are vote, and overwhelmingly we voted to each other, much less us. Do you know at war in Yemen. Most of America does go in. what they call the President, who re- not know where Yemen is. We need to Some have argued: Well, is 6 months sides in Kabul? They call him the know why we are there and whether it enough time for Congress to do any- mayor of Kabul derisively because he is of any value to the United States. thing? Can they get anything done in 6 has no sway over them. They are inter- We will debate whether our support months? ested in who their chieftain is in their for Saudi Arabia is exacerbating star- When we were attacked in Pearl Har- local area. They speak five different vation and the plague of cholera in bor, do you know how long it took us languages. They are never going to be Yemen. to declare war? Twenty-four hours. a country. We will debate whether it is in our When we were attacked on 9/11, how If you want to be at war there, you national interest to topple the Govern- long did it take us to authorize the want to send your sons and daughters ment of Syria. There are 2 million

VerDate Sep 11 2014 00:40 Sep 13, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G12SE6.015 S12SEPT1 SSpencer on DSKBBV9HB2PROD with SENATE S5200 CONGRESSIONAL RECORD — SENATE September 12, 2017 Christians who live in Syria. Guess is time that we quit borrowing $1 mil- you are ready to go find a good place in what. We may not understand it, but lion a minute. the world, Libya is one of the prime most of those Christians support The question is, Will the Senators— places to go now because the govern- Assad. On the side of the war that we will those who gather to vote—stand ment is gone and there is chaos. So I have been funding and arming with the for the rule of law? Will the Senators would argue that the intervention—one radical Islamists from Saudi Arabia stand for congressional authority for of the wars that we fought illegally, and with the radical Islamists from war? Will they stand for what the Con- without the approval of the Senate, Qatar are the people who hate the stitution clearly says in article I, sec- under the unilateral action of the Christians. We are fighting on the side tion 8, which is that Congress, not the President—made us less safe. That is of the people who hate the Christians President, shall declare war? Will the why we are supposed to debate before in Syria. Does that make Assad a good Senators sit idly by and let the wars we go to war. We are less safe because guy? No, but the thing is that maybe continue unabated and unauthorized? of the Libyan war. sometimes there is no good person in a Some will argue that sunsetting the How about the Syrian war? It is the war, no good side to a war. old authorizations is too soon, too dra- Christians on one side and us on the For 5 years, I have been fighting to matic. Really? So 6 months and 16 other side. That is the first problem I have a vote on whether we should be at years later, we have not decided wheth- have. The people on the side of the war war and where. I think there is no er we should be at war or where we that we supported are the radical greater responsibility for a legislator should be, and we cannot decide in 6 Islamists. ISIS was on the side that we than to vote on when we go to war. I months? It took us 24 hours to decide were supporting. In fact, one of the tell the young soldiers whom I meet with Pearl Harbor. It took us 3 days to most famous, if not the most famous that it is my responsibility to discuss, decide with 9/11. I think 6 months is and important leaked email about Hil- debate, and think seriously about more than enough time. lary Clinton from WikiLeaks was when whether we send them to war. Will Congress do its job unless it is Hillary Clinton sent an email to John One of the things that is most mis- forced to? All history says no. Why Podesta, writing to him: Hmm, we need taken by politicians—even by some does Congress have an 11-percent ap- to exert some influence on Saudi Ara- who are well intended—is that they proval rating from the people? Because bia and Qatar because they are giving think every soldier in America is jump- it is not doing its job. How do we force financial and strategic assistance to ing up and down to go to his eighth Congress to do its job? Give it dead- ISIS. tour in Afghanistan. Go out and meet lines. How can we get a deadline? Let’s Realize that. Of the people we are the soldiers. They are not allowed to be pass this. Let’s let the authorizations selling weapons to in Saudi Arabia and politically active, and they are not a expire. Let’s have a full-throated, deep, Qatar—they get all of their weapons political force on Washington, but I and heartfelt debate over whether we from us—guess who they are giving guarantee that if you were to ask our should be at war and where. Should we them to. ISIS. They were on the same soldiers ‘‘Are you ready to go back for be at war in Afghanistan? Is there a side as ISIS. your eighth tour of Afghanistan? Do winnable and foreseeable winnable fu- Let’s say you do not believe that. you see purpose in Afghanistan?’’ that ture there? Should we be at war in You say: Oh, I don’t believe that. Cer- they have lost sight of what that pur- Iraq? Syria? Yemen? Libya? tainly we would not have done that be- pose is. Today’s vote can be seen as a proxy cause we would not have supported the I met a Navy SEAL about a year ago. vote for the Constitution. Today’s vote bad people. He had been in for 19 years—a tough is not really a vote for or against any Let’s say we just supported the so- guy, as they all are—and he said to me: particular war. Today’s vote is simply called moderates. They are still fight- Do you know what? We can defeat any a vote on whether we will obey the ing against the guys who are pro- enemy. We can kill any enemy. We can Constitution. Today’s vote is a vote on tecting the Christians. succeed at almost any mission that whether Congress will step up and do What was the net effect of the Syrian you give us. But the mistake is when its job. Sixteen-and-a-half years is civil war? Before we got involved, you—Congress or a President—tell us more than enough time to determine Assad was winning the war. Once to go somewhere and plant the flag and whether the war in Afghanistan or again, like Qadhafi, he is not a great create a country. We are just not very Yemen or Libya or Somalia has pur- guy, but he does defend the Christians, good at nation building. pose or real meaning for our national and the Christians do support him. We We have the world’s most elite mili- security. turned the tide of the war by flowing in tary. We can defend our country. We Often, it is said—very glibly—that, hundreds and hundreds of tons of weap- can defend, without question, against yes, it is in our national security inter- ons in 2013—us, Qatar, and Saudi Ara- all invaders. Yet we are not very good est. Realize when people tell you that bia—but these weapons went in at making countries out of places that they are giving you a conclusion. That indiscriminantly. What happened when are not. is the beginning of the debate. We we turned the tide of the war? Chaos in What we should think about is that could debate for hours and hours. Hope- a vacuum. In that vacuum, guess who we have a $20 trillion debt. We borrow fully, we will have some of that debate, arose. ISIS. $1 million a minute. Even if you but we have to debate what is in our When you created chaos in Libya by thought it was a good idea to try to vital national interest. Just to say it is fighting an unconstitutional, unau- create a country in Iraq or create a so does not make it so. thorized war, you got more terrorism, country in Afghanistan or create some Does anybody in America think the more chaos, and the world was a less sort of paradise in Yemen or Somalia war in Yemen is in our vital interest? safe place. or Nigeria or Libya or any of the places Most people do not know where Yemen When we got involved in Syria with- we are—even if you thought some para- is, much less think it is in our vital in- out the authorization of Congress—un- dise was a great thing—we have no terest. Guess what. The war in Yemen constitutional, unauthorized—what did money with which to do it. We are de- may actually be opposed to our vital you get? Chaos and the rise of ISIS. stroying our country from within. We national interest. It may be making it What do we have in Yemen right are eating out the substance of the worse. The war in Libya certainly did. now? In Yemen, you have a Sunni- very greatness of America by bor- President Obama, when he chose to backed government in exile that is sup- rowing $1 million a minute. We are flat act illegally and intervene in Libya, ported by the Saudis, and you have broke. We cannot afford to be made the world less safe. It was not his these Houthi rebels who are supported everybody’s Uncle Sam. We cannot af- intention. I will grant him that his mo- by Iran. But that is not all you have in ford to be everybody’s Uncle Patsy. We tives were to make it more safe, but he Yemen. You also have al-Qaida of the cannot afford to keep exporting our made the world less safe. Why? Because Arab Peninsula—three different money and our jobs to the rest of the when Qadhafi was toppled, you got groups. It is said that al-Qaida of the world. We need to look at our country chaos. You have two competing govern- Arab Peninsula is actually the strong- and say it is time that we did things ments in Libya, and you have chaos. If est remaining presence of al-Qaida. Is for our country, for our people, and it you want to set up a terrorist camp, if it possible, in our supporting the Saudi

VerDate Sep 11 2014 00:40 Sep 13, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G12SE6.017 S12SEPT1 SSpencer on DSKBBV9HB2PROD with SENATE September 12, 2017 CONGRESSIONAL RECORD — SENATE S5201 Arabian-backed government against but it is also your sons and daughters hope they will finally vote to do their the Houthis, that they fight and kill who are being asked to go to Yemen constitutional duty. It is the least we each other to such a degree of chaos now. can do to honor the service of our that al-Qaida of the Arab Peninsula We had a manned raid in Yemen and brave young soldiers. fills the vacuum? If you look at Libya, lost one of our Navy SEALs. I have Thank you, Mr. President. that is what happened. If you look at asked what we got, and they just sort I reserve the remainder of my time. Syria, that is what happened. What if of push me off and say, oh, they might The PRESIDING OFFICER (Mr. it happens in Yemen? tell me on another occasion. No one STRANGE). The Senator from Okla- You have to ask, what is our vital in- will tell me what we got. They claim homa. terest in Yemen? Why are we in that it was great, that it was the best Mr. INHOFE. Mr. President, I want Yemen? Why are we supplying bombs stuff you could ever find, that it is to discuss an amendment, and I am not to the Saudis? Is it somehow making going to prevent loss of life. But the sure when it will be offered—I under- us safer from terrorism? Are we killing thing is, we have no business in Yemen. stand it will be offered—and I think it them over there so they do not kill us We have not voted to go to war in is very significant. First of all, let’s keep in mind what over here? Guess what. We may be cre- Yemen. We have been at war 16 years— this is all about. The NDAA is the Na- ating more terrorists than we can pos- the longest war now—in Afghanistan. tional Defense Authorization Act. It is sibly kill. There is no purpose left. There is no fu- one that we know is going to pass. It The Saudis bombed a funeral proces- ture for the war in Afghanistan. has passed for 55 consecutive years. If sion of civilians. They killed 150 peo- Today’s vote will be remembered as something happened and it didn’t pass, ple, and they wounded 500. Do you the first vote—if we have it—in 16 the troops wouldn’t get hazard pay or think they are ever going to forget years on whether to continue fighting flight pay, and it would really be a about it? That is going to be passed everywhere, all the time, without ever traumatic thing that would happen. down through oral tradition for a thou- having to renew the authorization of But it is not going to happen. It is sand years, and they will talk about Congress. I hope Senators will think going to pass. It is the most important the day that the Saudis came and long and hard about the seven ongoing bill that I believe we pass every year. bombed civilians. They will also say in wars and, at the very least, show re- As I said, we have passed it for 55 con- the next breath: Guess who gave them gard for our young soldiers and go on secutive years, and it is important that the bombs. The Americans. Guess who the record to uphold their oath of of- we pass it right away. Sometimes it helped to guide the planes. Guess who fice. Each Senator should uphold their gets stalled until later in the year, but refueled the planes in the air. The oath of office and defend the Constitu- if it isn’t done by the end of December, Americans refueled the Saudis the day tion and its requirements with regard that is when everything falls apart. So that they came to bomb a funeral pro- to war. we just don’t need to do that, and I be- cession. I, for one, will stand with soldiers, lieve we have the momentum to go So, in the end, we killed 150 people. young and brave, sent to fight in dis- ahead and get it done. You might say: Well, they were all bad tant lands in a forgotten, forever war. Now, we are facing a threat. I have people. They were at the funeral of a I will stand for the Constitution. I will stood at this podium so many times bad person. Do you think that we stand with our Founding Fathers, who now to talk about how I look back killed 150 and that will be the end of it, did everything possible to make the wistfully at the days of the Cold War or do you think that those who were initiation of war difficult. when we had two superpowers. We wounded, who survived and went back I hope my colleagues will stand for knew what they had. They knew what to their villages, told every one of their something. I hope my colleagues will we had. Mutually shared destruction neighbors and everyone in the village finally vote to do their constitutional meant something, but now it is totally about the day the Saudis came with duty and oversee and/or discontinue different. the American bombs? the many wars we are in. But even if We hear that the two biggest threats We have to ask ourselves, are we my colleagues say: War, war—that is facing us right now would be North making things better? Is Yemen in our the answer—everywhere, all the time, Korea and Iran. I stand on the side that vital national interest? Are we making by golly, come down and put your it is North Korea because North Korea things better or are we making things name on it. If you think we should be is run by someone with a questionable worse? Is there a possibility that it will at war in Afghanistan, vote for it. If mentality, and they are developing—I lead to such chaos that al-Qaida of the you think we should be at war in have watched them over the years—the Arab Peninsula will rise up and become Yemen, come down to the floor and capabilities that they now have. I cer- a real threat to us? vote for it. tainly agree that Iran also is a serious What else is happening in Yemen? It What does everybody do? Pass the threat. But the fact is that our Armed is one of the poorest countries on the buck. Let the President do it. Let the Forces are now in a condition that planet, as 17 million people, as we President take the blame if things they have not been in for a long time. speak, live on the edge of starvation— don’t go well. We should vote. So on I chair the Subcommittee on Readi- 17 million people. They are having the my amendment, you will probably see ness in the Senate, and we had the vice largest outbreak of cholera. Where is that the majority will say: We don’t chairs testify before us not too long most of this happening? Where is most want any responsibility; let the Presi- ago. They testified that we are in of the starvation, most of the killing, dent take care of that. worse shape now than we were during and most of the cholera? It is in the My vote isn’t actually directly on the hollow force of the 1970s, right areas that are being bombed by the any of the wars, although I do oppose after the Carter administration. Many Saudis. They have bombed the infra- most of the wars we are involved in. of us remember that, and I certainly structure into ruins, and there is no My vote is on whether or not we should do. Our Armed Forces are smaller than clean water, so cholera is spreading. vote on whether we should be at war. in the days of the hollow force in the War is probably the most common So for those who oppose my vote, 1970s, and readiness in the form of per- and most important precipitating fac- they oppose the Constitution. They op- sonnel, training, and equipment have tor in humanitarian disasters. If you pose obeying the Constitution, which been degraded, I think, to a breaking look at humanitarian disasters around says that we are supposed to vote. point. All the while, we have witnessed the world, you will find that the No. 1 They are going to say: No, I refuse to an uptake in the training and oper- cause is war, and Yemen was already a vote on any of these wars. ational accidents across the Armed poor place to begin with. All my amendment does is to sunset Forces. While the risks posed by the You are fighting the war, and nobody an authorization that really doesn’t readiness crisis are significant, Con- asked your permission. You are fight- apply to anything we are doing at the gress is already taking steps to correct ing a war in Yemen through the proxy moment, and it says that in 6 months’ the shortfalls. of Saudi Arabia, and no one has asked time, you have to come up with an au- Every amendment considered for the my permission. This is a grave insult thority to go to war. I hope my col- NDAA should focus on increasing read- to us. It is dangerous to the Treasury, leagues will stand for something. I iness across our services. We owe it to

VerDate Sep 11 2014 00:40 Sep 13, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G12SE6.018 S12SEPT1 SSpencer on DSKBBV9HB2PROD with SENATE S5202 CONGRESSIONAL RECORD — SENATE September 12, 2017 our troops and our Nation to help en- billion.’’ In other words, they said it cessfully tested and more powerful and sure that levels are acceptable. That is was going to cost $21 billion, and it far-ranging intercontinental ballistic why it is disappointing and dangerous ended up costing $35 billion. That is an missile, or ICBM. We are familiar with that we are considering an amendment increase of 67 percent. It has been that that test, which began over the sum- that would authorize a base realign- way with the other rounds too. mer. Now, if fired on a trajectory, ex- ment and closure round, better known Looking at their analysis of the perts believe the ICBMs that North to all of us as a BRAC round. We have value, it is very important that we un- Korea tested could have reached the had five BRAC rounds since 1989, and I derstand what they are saying here. United States of America. am familiar with all of them. I, along The GAO said that ‘‘the 20-year net I can remember talking about this with many of my colleagues in the Sen- present value DOD can expect by im- with our intelligence department years ate Armed Services Committee, suc- plementing the 2005 BRAC rec- ago. At that time, we were saying that cessfully have a provision that would ommendations has decreased by 72 per- they could finally develop a bomb and include a prohibition against a BRAC cent.’’ a delivery system that could reach the right now. I think it is pretty obvious. In other words, they were 72 percent United States of America. Well, that Everyone knows what the threat is out off as to what great savings we were may be here today. If not, it is immi- there. At least those on the Armed going to have in the future by making nent. Services Committee do. But they also these closures. A BRAC round now would also short- know that any BRAC round that you They went on to say that ‘‘the 20- change a response to the immediate do is going to have the effect of costing year net present value—that is, the readiness needs. Over the last 90 days, a lot of money that should be spent on present value of future savings minus we have witnessed a spike in accidents readiness. No matter what a base re- the present value of up-front invest- across the military services, especially alignment and closure, or BRAC, is, ment costs—of $35.6 billion estimated in the Navy and in some of the aviation the amount of money that is spent by the Commission in 2005 for this mishaps. While these accidents are still when you first start is going to be very BRAC round has decreased by 72 per- under investigation—under investiga- expensive. cent.’’ It cannot be more specific than tion to determine the cause—it is not Unfortunately, an amendment is that, and this is the consistent pattern hard to correlate them with the readi- pending that would enable a new BRAC that we have. ness decline. Our forces are smaller than the days round in 2019, and, at the same time, So, clearly, those base closure rounds of the hollow force in the 1970s. Our remove—this is critical—the non- cost the American taxpayers an exorbi- equipment is aging. Our base infra- partisan commission that allows the tant amount of money up front and structure requires critical mainte- input of both local defense commu- take years to recoup their initial in- nance and upgrades. Our Air Force is nities and Congress into the BRAC vestment, if they ever do. In this case, short 1,500 pilots, and 1,300 of those are process. they haven’t, and they don’t expect to. I will tell my colleagues why that is With the history of previous inconsist- fighter pilots. Only 50 percent of the important. I remember because it was encies between expected and actual Air Force squadrons are trained and ready to conduct their assigned mis- shortly after I was first elected. Prior costs, there is no certainty that any sions. The Navy is the smallest and the to 1989, the Defense Department was proposed base closures or realignments least ready it has been in years. It cur- the agency that made the decisions as would be economically viable now or at rently can only meet about 40 percent to what was going to happen to our any time in the future. of the demand for regional combat various installations around America. Now, we are at a point of uncertainty commanders. We are talking about the It was very, very political. There were that makes it irresponsible to expend commanders in the field who make rumors or some stories that they would billions of dollars in downsizing our that assessment. We can only carry out agree for certain considerations to Armed Forces when we are currently less than 40 percent of them. More than allow someone to continue to operate facing some of the most volatile, un- half of Navy aircraft are grounded be- predictable, and dangerous military when they really shouldn’t be oper- cause they are awaiting maintenance threats that America has ever seen. ating. or lack necessary parts. The Marine Well, the Pentagon claims that a Readiness can’t wait, and our enemies Corps’ F/A–18s, known as the Hornets, BRAC round would save money and around the world will not. 62 percent are broken. We don’t have would allow the military to invest that We must also consider the possibility that capacity. The Army has said money into critical readiness short- that we will soon require the capacity about one-third of their brigade com- falls. It is just not true. Before the that is presently considered excess if bat teams, one-fourth of their combat most recent BRAC round in 2005, we the current military threats mate- aviation brigades, and one-half of their heard these same arguments from the rialize in a manner that would encour- division headquarters are currently Pentagon, that the BRAC would some- age expansion of our armed services. I think that just stands to reason. We ready. how save money and would allow the Speaking in January about the Army know the threats are out there, and we military to increase efficiency. With 22 readiness, then-Vice Chief of Staff of know the problems are more severe major base closings and 33 realign- the Army General Allyn said: ments—that is what happened in 2005— than they have ever been in the history of this country. So maybe the current What it comes down to . . . we will be too the round was depicted to save, over a late to need. . . . Our soldiers will arrive too 20-year period, $35 billion, with costs of size of our forces would not be ade- late, our units will require too much time to $21 billion. The reality is far different. quate. Well, it is a lot cheaper to go close the manning, training, and equipment The 2005 BRAC round cost taxpayers ahead and keep something that is al- gap . . . the end result is excessive casualties roughly $35 billion, and it is only ex- ready there than it is to tear down to civilians and to our forces who are already pected to save $9.9 billion over the next something and start all over again. forward-stationed. 20 years. So, anyway, as to the early years, ev- We are talking about lives. We are Now, the other day I went back and erybody knows that the certainty is talking about American lives. That is a looked up just to see what the GAO there that it will cost money in the sobering assessment, especially when said about that. Keep in mind that it early years. The high cost of a BRAC considering the gravity of the threats was a 2005 BRAC round, but the GAO round would divert resources away we face around the world, including, of study was actually in 2011, saying: We from addressing immediate, tangible course, the Korean Peninsula. know what we said at that time; let’s threats. The NDAA’s first priority has to be see how they performed. Just last week, North Korea tested to rebuild our force and improve its So let me read right out of their re- what is believed to be a hydrogen readiness, which is what we are in the port: The ‘‘one-time implementation bomb, its most powerful nuclear weap- process of doing right now, and we need costs’’—that is the cost of putting to- on tested to date, estimated at nearly to get it done. A BRAC round would di- gether a BRAC round—‘‘grew from $21 seven times as powerful as the bomb vert vast resources away from this end billion originally estimated by the detonated over Hiroshima. This came for savings we would not see for dec- BRAC Commission in 2005 to about $35 on the heels of North Korea’s first suc- ades to come, if we ever did—and we

VerDate Sep 11 2014 00:40 Sep 13, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G12SE6.020 S12SEPT1 SSpencer on DSKBBV9HB2PROD with SENATE September 12, 2017 CONGRESSIONAL RECORD — SENATE S5203 are growing, not shrinking. Now is not and college football: great coaches I was one of the many who learned the time for a BRAC round. such as Jimmy Johnson, Barry from the example Coach Broyles set. I hope my colleagues in the Senate Switzer, Johnny Majors, Joe Gibbs, His leadership, faith, and ability to at- will join me in rejecting this amend- Raymond Berry, and Hayden Fry—and tract talent and utilize it to make our ment. However well-intentioned, now is the list goes on and on. They were once State a better place has been a tremen- not the time for a shortsighted BRAC Coach Broyles’ assistants. His legacy of dous influence on me through the round. producing great assistant coaches is years. I will be forever proud to be a There are still Members—I have recognized in an award named in his Razorback and to have had the oppor- talked to Senators who are saying they honor to recognize college football as- tunity to play for Coach Broyles. really believe, and they have been told, sistant coaches for the work they do. Coach Broyles was fond of saying that somehow we are going to have Since 1996, the Broyles Award has been there are two types of people in the more money for readiness if we have a given annually to the top assistant world: givers and takers. Live your life BRAC round. It is exactly the opposite. coach in college football. as a giver, not a taker. We lost a giver, Again, straight from the GAO, they Frank Broyles’ impact on the Univer- but we are so much better for what he made the analysis of the 2005 BRAC, sity of Arkansas went well beyond the gave us. and said the 20-year net present value football field. He implemented his vi- HONORING DEPUTY TIMOTHY BRADEN DOD can expect by implementing the sion for Arkansas athletics as the ath- Mr. President, I would also like to 2005 BRAC recommendations has de- letic director for more than three dec- pay respect to a law enforcement offi- creased by 72 percent. It always costs a ades, helping the university’s men’s cer in my home State of Arkansas who lot more on the front end and saves program win 43 national championships lost his life in the line of duty, Thurs- much less in the long run. during his tenure. When he retired day, August 24, 2017. With that, I encourage my colleagues from the position in 2007, he continued Drew County Sheriff’s Deputy Tim- to reject this amendment, if this his devotion to the University of Ar- othy Braden gave his life while serving amendment is indeed offered. kansas working as a fundraiser at the and protecting the citizens of Arkan- I yield the floor. Razorback Foundation. sas. Deputy Braden was a selfless serv- I suggest the absence of a quorum. Coach Broyles used his notoriety for ant who made a career out of helping The PRESIDING OFFICER. The his most important mission, which he others. He joined the Drew County clerk will call the roll. undertook in his later years. He be- sheriff’s office in February after serv- The legislative clerk proceeded to came a passionate advocate for finding ing 3 years at the McGehee Police De- call the roll. a cure for Alzheimer’s and educating partment. Mr. BOOZMAN. Mr. President, I ask Americans on caring for loved ones suf- He is remembered as a kind and hard- unanimous consent that the order for fering from this disease when his wife working officer who performed his job the quorum call be rescinded. Barbara lost her battle with Alz- with a positive attitude. He had an ap- The PRESIDING OFFICER (Mr. heimer’s in 2004. He shared the experi- preciation for law enforcement and had OHNSON). Without objection, it is so J ence of his family as caregivers to his aspirations of serving as an Arkansas ordered. beloved Barbara across Arkansas and State Police trooper. I am grateful for REMEMBERING FRANK BROYLES brought his story to Capitol Hill, where Deputy Braden’s commitment to the Mr. BOOZMAN. Mr. President, I rise he encouraged lawmakers to be pas- community. He represents the selfless today to pay tribute to the legendary sionate about Alzheimer’s so we can service of our men and women who University of Arkansas football coach, find a cure. He told Members they need turn toward danger to protect commu- Frank Broyles, who passed away Au- to turn that compassion into passion nities and bring criminals to justice. gust 14 at the age of 92. He spent his to make a difference. He showed his dedication to the com- life in service to the university, its stu- Coach Broyles spent his final years munity in many ways, including being dent athletes, and our great State. showing his passion for fighting Alz- a former member of the Arkansas Na- I was fortunate to have been re- heimer’s and helping other families tional Guard and a former Eagle Scout cruited by and played for Coach touched by the disease. When his fam- of the Year in his hometown, Star City. Broyles as an offensive tackle in the ily was learning the best way to care Deputy Braden’s ultimate sacrifice re- early 1970s. For a kid from Arkansas, for Barbara, they found there were lim- minds us all of the risks members of this was a dream come true. Outside of ited resources available to caregivers the law enforcement community face family, the people who have had the looking for assistance. That is one of on a daily basis. greatest influences on my life were my the reasons they created the Broyles My thoughts and prayers go out to coaches, teachers, pastors, friends, and Foundation and were inspired to share Deputy Braden’s family, including his certainly Coach Broyles is right at the what they had learned in caring for wife and four young children, his top. He was an icon in Arkansas and a Barbara to help other caregivers. The friends, and the law enforcement com- legend in collegiate athletics. culmination of that effort was a book, munity. I pray they will find comfort As head coach of the Razorback foot- ‘‘Coach Broyles’ Playbook for Alz- during such a difficult time as this. ball team from 1958 to 1976, he turned heimer’s Caregivers,’’ which has been I join all Arkansans as we express the school’s program into a national translated into 11 languages and dis- our gratitude for Deputy Braden’s serv- powerhouse. During his tenure, Coach tributed across the country. ice and sacrifice. Broyles led the Razorbacks to seven After years of advocacy on behalf of With that, I yield the floor. Southwest Conference titles, and a those suffering from Alzheimer’s and I suggest the absence of a quorum. Football Association of America na- their families, the disease he fought so The PRESIDING OFFICER. The tional championship. Coach Broyles passionately to find a cure for ulti- clerk will call the roll. had tremendous charisma and had a re- mately took his life as well. One of the The assistant bill clerk proceeded to markable ability to attract and de- best ways we can honor Coach Broyles’ call the roll. velop talent—both players and coaches. legacy is by continuing to fund re- Mr. GRASSLEY. Mr. President, I ask He wasn’t afraid to seek out talent to search in search of a cure for this dev- unanimous consent that the order for support him, and he had an innate abil- astating disease. the quorum call be rescinded. ity to see the strengths in people. He Coach Broyles brought the same en- The PRESIDING OFFICER. Without would turn them loose to use those ergy to fighting Alzheimer’s that he objection, it is so ordered. strengths to help the team and those brought to college football and his Mr. GRASSLEY. Mr. President, I individuals succeed. His recipe was to work on behalf of the University of Ar- come to the floor today to question the get great people around him to help the kansas on and off the field. He made a plan for auditing the Department of program win while helping those indi- tremendous mark on the lives of so Defense. The new Chief Financial Offi- viduals get to where they wanted to be many student athletes during his years cer, Mr. David Norquist, presented a in their own professional careers. as a coach, athletic director, and all- plan to the Armed Services Committee The roster of assistants under Coach around ambassador for the University on May 9. It appears flawed, like a lot Broyles reads like a Who’s Who in NFL of Arkansas and for our State. of other such plans. The Department

VerDate Sep 11 2014 00:40 Sep 13, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G12SE6.022 S12SEPT1 SSpencer on DSKBBV9HB2PROD with SENATE S5204 CONGRESSIONAL RECORD — SENATE September 12, 2017 may be audit ready by the September 4, 2015. Today, I will touch on it just gears. For starters, the cost of the full 30 deadline, but the goal—and the goal briefly. This background is very, very financial audits, which are touted as ought to be a clean opinion—isn’t in important. the largest ever undertaken, could top the mix. In its place, we get another Back in September 2008, the Marine $200 million. Spending so much money lame excuse: ‘‘I recognize it will take Corps, the smallest of the big ones, on audits doomed to failure would be a time to go from being audited to pass- stepped up to the plate. The Marine gross waste of tax dollars. ing an audit.’’ Corps boldly declared that it was audit Now, I am not suggesting that Mr. We have heard this story over and ready. As a pilot project, the Marine Norquist back off. Mr. Norquist just over for 26 years. When will it come to Corps would lead the way. High hopes needs to get a handle on the root cause an end? for a breakthrough were not to be. Ten of the problem, and the feeder systems I don’t think the Pentagon has a clue years and five audits later, the Marine are that root cause. As a main source if the Department is truly audit ready. Corps is still stuck on square one. The of unreliable transaction data, the Then, why is the Chief Financial Offi- inspector general and the Government feeder systems are the driver behind cer predicting failure before the audit Accountability Office determined that the deal-breakers. Fix them, and then even starts? it was never ready for audit. It failed the rest should be just a piece of cake. Doubletalk is necessary to accom- for the same reasons as all the other Department of Defense reports have plish that goal. A monster is lurking in audits failed, going back to the term repeatedly called for ‘‘testing the feed- the weeds, and nobody wants to talk ‘‘deal breakers.’’ er systems.’’ However, according to the about it. It is the ‘‘deal-breakers.’’ To make matters worse, there was an Government Accountability Office, That is a term that is often used in attempt to cover up these short- those tests were never, never per- audit reports. They are red-flagged ac- comings. Initially, a clean opinion was formed. counting issues listed in Department of issued. The then-Secretary of Defense, So the aggressive testing and aggres- Defense reports for years and years. Chuck Hagel, gave the Marine Corps an sive verification of transactions are the They are prefaced by this warning: award for being the first service to right places to start. Senators JOHN- ‘‘The deal-breakers prevent clean opin- earn a clean opinion. The opinion did SON, ERNST, PAUL, and this Senator are ions.’’ not stand up to scrutiny. The evidence sponsoring an amendment to make If Mr. Norquist wants to win this did not meet ‘‘professional auditing that happen. war, he had better get on top of the standards.’’ So the inspector general Once all of the tricky technical ‘‘deal-breakers.’’ But he ignored them had to withdraw, leaving Mr. Hagel issues are ironed out and testing pro- in testimony, focusing instead on this with egg all over his face. vides confidence that the system is re- apparent distraction: DOD has spent The deputy inspector general for liable, the plan will gel. Audit readi- too much time ‘‘preparing for full- audit was removed and reassigned, and ness will be self-evident, not contrived. scope audit without starting it.’’ the accounting firm involved lost the Full financial accounting could begin. We need to pinpoint ‘‘vulnerabili- contract to Kearney & Company, where Clean opinions should follow, and those ties’’—those are his words, and he went the now Chief Financial Officer, Mr. clean opinions should be our goal. on—‘‘to drive change to a clean opin- Norquist, was a partner. There has been 26 years of hard-core ion.’’ Suggesting that the Department Without strong leadership, the Ma- foot-dragging that shows that internal of Defense lags behind on audit starts rine Corps could be the Norquist tem- resistance to auditing the books runs or needs more audits to spot weak- plate. This is where we have been be- very, very deep. It will take strong, nesses seems very wrongheaded. The fore: audit ready but light years away confident leadership and strong deter- Department has conducted nonstop au- from a clean opinion. So that takes mination to root out that internal re- dits since 1991—294 financial audits, to you to nowheresville. Why go there sistance to auditing the books. I am be exact—and 90 percent were failures, when you know what you are going to counting on Secretary Mattis and Chief but a few were full-scope audits with find? Although lessons were learned, Financial Officer Norquist to get the clean opinions. Together, the Corps of the end result was mostly waste—$32 job done in the shortest time possible. Engineers and the Military Retirement million for five premature audits. DOD I yield the floor. Fund earned 28 clean opinions out of 43 is big, big business for these auditing The PRESIDING OFFICER. The Sen- starts. In the case of the Corps of Engi- firms, and what do we get? No clean ator from Virginia. neers, auditors relied on unorthodox opinion. Mr. KAINE. Mr. President, I rise to procedures known as ‘‘manual The deal-breakers, which doomed the speak about the pending NDAA. In par- workarounds’’ or ‘‘audit trail recon- Marine Corps audit and all the others, ticular, I rise to speak about an amend- struction work.’’ Highly paid auditors are alive and well. They are still driv- ment that has been previously dis- scramble around searching for missing ing the freight train with no fix in cussed on the floor that is being offered records. These procedures work on sight. Yet, in spite of these formidable by the Senator from Kentucky, Mr. small jobs, but the point is that they barriers, the Marine Corps is once PAUL, that deals with the current au- are an inefficient substitute for a mod- again shooting for the moon. It jumped thorizations for use of military force ern accounting system. out in front of all the other military that are justifying American military Now, I have talked about small jobs. services by starting a full financial action in Afghanistan, Iraq, Syria, and To the contrary, on big jobs this ap- audit, which the press calls a ‘‘mam- numerous other countries. proach is a nonstarter. Yet, that is ex- moth task.’’ Why would the outcome The authorizations that currently actly where Mr. Norquist intends to be any different this time around, when support military actions were passed in go—the toughest, the unauditable: the we just exposed within the last 2 years 2001 and 2002. About a quarter of us Army, the Navy, the Marine Corps, the that what they thought was a clean were here and voted on those. Three- Air Force, and the rest of the Defense audit was not such a clean audit. quarters of us have joined either the Department. This is where auditing The government’s expert on account- Senate or the House since those au- hits the wall—over 200 starts without a ing—and I call him the expert on gov- thorizations have been voted on. What successful finish. ernment accounting because he is that means is that we have American If these audits begin before the ac- Comptroller General Gene Dodaro—un- troops who are deployed in harm’s way, counting house is in order, the derstands the dilemma. The $10 billion that thousands have been killed, that Norquist plan may be swallowed up by spent annually on fixing the account- thousands have their lives at risk right the swamp. The destructive power of ing system, he says, ‘‘has not yielded now, and that three-quarters of Con- the deal-breakers was hammered home positive results.’’ Money is being spent gress has never voted to support the by the most important audit so far— in the wrong places. Mr. Dodaro won- military operations that are currently the Marine Corps audit. Their impact ders if the Department of Defense has underway. Many of us support them or was exposed in a first-rate report the talent to get it right, and that is support them with recommendations or issued by the Government Account- his word—‘‘talent.’’ reservations or qualifications, but ability Office. I spoke at length about With his plan resting on shaky three-quarters of us have never cast a that report on the Marines on August ground, Mr. Norquist may need to shift vote.

VerDate Sep 11 2014 00:40 Sep 13, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G12SE6.028 S12SEPT1 SSpencer on DSKBBV9HB2PROD with SENATE September 12, 2017 CONGRESSIONAL RECORD — SENATE S5205 These authorizations are, respec- as we could in putting support behind so that war could not be initiated with- tively, 15 and 16 years old. The author- the troops and carrying out our article out a vote of Congress. izations have, essentially, been inter- I responsibilities, Senator JEFF FLAKE In my view—and I was tough on a preted in a very broad way—first, by of Arizona and I have worked together, President of my own party about this— the Bush administration; second, by first, in introducing in 2015—and then when President Obama decided to ini- the Obama administration; and now by in reintroducing this year—an author- tiate offensive military action against the current Trump administration. I ization for use of military force. We ISIS in August of 2014, I said: You must would argue that the current interpre- have a pending authorization that we come to Congress. When President tation of the authorizations would es- filed in June, which has been pending Trump used military might—in this in- sentially allow, without any approval in the Foreign Relations Committee, to stance, weapons against Syria—to un- from Congress, an American President set forth a military authorization with dertake the laudable step of punishing to wage war anywhere against any ter- certain conditions to undertake and le- the use of chemical weapons against ci- rorist group for however long he wants gally justify military action against vilians, I said: I will support you with to. al-Qaida, ISIS, and the Taliban. That a vote, but you cannot do that without That was not the intention of the au- has been pending in the Foreign Rela- Congress. That is because there is thorizations when they were originally tions Committee, but there has been no nothing in the authorizations that are drafted. If you were to go back and particular motive or forcing mecha- currently pending that allow the talk to those who had been here and nism that has made the committee United States to take military action cast their votes in 2001 and 2002, they take this up, bat it around, hear from against the Government of Syria. would say that it was completely be- experts, debate it, amend it, and send Yet we have gotten so sloppy about yond their contemplation that what it to the floor. this. Frankly, we have been sloppy they were voting for then, which was I think, of all of the powers that Con- about it just about since 1787. If I can going after those who had attacked the gress has, the one that we should most be blunt, throughout our history, re- Pentagon—9/11 was yesterday—and the jealously guard is the power to declare gardless of party—Whig or Federalist, World Trade Center, would 16 years war. James Madison was the drafter of Democrat or Republican—Members of later still be used to support military the Constitution, and he gathered Congress have often concluded that a action in a total of 14 countries in 35 great ideas from others. The 230th an- war vote is a very difficult vote and separate instances having been de- niversary of the drafting of the Con- that, if we could allow the President to clared by the last three administra- stitution is this Sunday, September initiate it without a vote, we might be tions. 17—Constitution Day in Philadelphia. politically insulated from the con- Senator PAUL has an amendment on The Constitution was a great collec- sequences of the vote. That has been a the table, and the amendment is this: tion of wonderful ideas, many that had uniform trend, and it has been a non- to sunset the 2001 and 2002 authoriza- been tried out in other nations, but the tions in 6 months as a mechanism for partisan one. That is one of the reasons genius of it was the way in which we forcing Congress to finally do the job of that we are where we are right now in having a debate and defining the legal got the best of the best and tried to put Congress’s being reluctant to take up authority of the military mission that them together in the document. war votes. These are difficult votes. It has been said by many historians I have been on the Foreign Relations we are currently engaged in and put- that there were only about two items Committee since January 2013 and have ting a senatorial and congressional in the Constitution circa 1787 that were cast two votes for military action— thumbprint on the mission so that truly unique and that we were doing those who are risking their lives know first, against Syria for using chemical for the first time. One was the protec- that they are doing so with a political weapons in the summer of 2013 and, tion of the ability of the people to wor- consensus by the American political second, in the matter that I mentioned leadership here in Congress. I am sup- ship as they pleased without preference earlier in voting for a war authoriza- or punishment, which had been drawn tion against ISIS in December of 2014. porting Senator PAUL’s amendment. I think it is way past time for Con- from a statute that had been passed in I will say that there is no vote that you gress to take this up and for everybody Virginia in 1780, the Statute for Reli- will ever cast that is harder. to be on the record. I think that our al- gious Freedom. The second idea that I come from a State with a great lies need to know whether Congress was very unique to our country and military tradition. More people in Vir- supports the American military mis- was, really, an effort by the Framers of ginia are connected to the military— sions that are currently underway. I our Constitution to change the course either as Active Duty, veteran, Guard, think that our adversary needs to of human history was the idea that war Reserve, DOD civilian or military con- know that there is a congressional re- should only be initiated by Congress tractor or military family—than in any solve, not just an Executive resolve. and not by the Executive. other State. One of my children is a Most importantly, I think that the The Framers of the Constitution Marine infantry commander. Any war American troops who are deployed in knew in 1787 about Executives and Ex- vote—if not immediately, then pro- harm’s way every day deserve an an- ecutive overreach, especially in mat- spectively—affects him and the people swer to the question of whether Con- ters of war. They knew Kings, Emper- whom he works with and cares deeply gress is behind them. ors, Monarchs, Sultans, and Popes, and about. I came to Congress being very fo- they knew that that was how war These are very, very hard votes. They cused on this and to the Senate in Jan- started. Madison decided that we were are supposed to be hard, but that is no uary of 2013. I gave my first speech going to do it differently, and the reason to duck them. Congress is sup- about it on the floor in the summer of Framers and those who voted in Phila- posed to take this up, not hand any 2013, when President Obama expanded delphia agreed with him. The Constitu- President of any party a carte blanche the military action against al-Qaida to tional Convention’s minutes that were to go to war without a vote of Con- also incorporate military action taken by Madison and others dem- gress. Even against bad guys like ISIS against ISIS, which did not form until onstrated what they were trying to do. or even against a Syrian dictator who 2 years after the 9/11 attack. I filed my Madison explained it in a letter to is using chemical weapons against ci- first military authorization, seeking to President Jefferson about 10 years vilians, we are not supposed to be at get Congress on board and to send to later, when Jefferson was grappling war without a vote of Congress. the troops the message that we sup- with questions of war. Madison wrote So I am here to support Senator ported them. That was now almost 3 in the letter that our Constitution sup- PAUL’s amendment, which would take years ago. I was once able to get a vote poses what the history of all govern- these old and outdated authorizations on an authorization in the Foreign Re- ments demonstrate—that it is the Ex- and sunset them within 6 months. I lations Committee. It passed out of ecutive that is most interested in war view his amendment as being an at- committee but died for lack of any ac- and, thus, is most prone to war. For tempt to force Congress to do what it tion on the floor. this reason, we have, with studied care, should do, which is to have a debate Since 2015, out of a thought that we placed the question of war in the legis- anew after 16 years and come up with a should try to be at least as bipartisan lature. Madison was trying to change it crafted legal authority and appropriate

VerDate Sep 11 2014 03:33 Sep 13, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G12SE6.029 S12SEPT1 SSpencer on DSKBBV9HB2PROD with SENATE S5206 CONGRESSIONAL RECORD — SENATE September 12, 2017 strategy for carrying out military ac- I wish to thank the Senator from replace it with. Fortunately, I know tions against nonstate terrorist groups. Kentucky for focusing the Senate’s at- the chairman of the Foreign Relations I applaud my colleague from Arizona, tention on the 16-year-old authoriza- Committee remains committed to con- Senator FLAKE, because he and I have tion for use of military force. As a sidering legislation to repeal the 2001 worked together very hard on this freshman Member of the House of Rep- AUMF and to replace it. issue. We have a matter that is pend- resentatives, I voted in favor of the As I mentioned, the Senator from ing. If Senator PAUL’s amendment 2001 authorization on September 14, Virginia and I have introduced legisla- passes, the result of his amendment 2001—almost 16 years ago to the day— tion to do just that. That legislation, will be that the Senate Foreign Rela- September 14, 2001. I can attest that S.J. Res. 43, would repeal the 2001 law tions Committee and this body will when I voted for that law, I had no idea and authorize the use of force against have to grapple with what is an appro- it would still be in effect 16 years later. al-Qaida, the Taliban, and ISIS. It priate authorization circa 2017 to re- Since its passage, more than 300 would allow for greater congressional place the authorizations from 2001 and Members of the House who took that oversight of what groups can be 2002. vote that day, on September 14, 2001— deemed as ‘‘associated forces’’ of those We shouldn’t be afraid of that discus- more than 300 Members of the House organizations. It also contains a sunset sion. We should relish it and protect are no longer in office. Of the Senators provision. the power of Congress to decide when who voted, only 23 remain in the Sen- So I look forward to working with we will and will not be at war. I believe ate today—23 out of 100. That comes my colleague from Kentucky and other the version that Senator FLAKE and I out to about 70 percent of the Congress members of the Foreign Relations have introduced, that was introduced who has not voted to authorize force Committee to move an AUMF that can in June, is a good-faith effort to listen against terrorist groups abroad. garner bipartisan support. That is the to all and craft a compromise going It is long past time for Congress to right way to do it—under regular forward. calibrate the legal underpinning of the order, moving it through the Foreign I will close and say what I have said war against terrorism to today’s reali- Relations Committee, and then bring- already. I think Congress should not ties. ISIS, for example, did not exist ing it here to the floor, where we can only do this because we are constitu- when the 2001 law was approved. We debate and we can have buy-in, and the tionally required to—and waging war have learned a number of things since Senate can vote on an AUMF and then without an authorization poses all we voted to go to war with the per- the House. Then, the U.S. Govern- kinds of legal challenges that I think petrators of the 9/11 attacks, and I ment—the Congress and the executive are significant; that it is constitu- think it is time to incorporate those branch—can speak with one voice. tionally required should be enough— lessons into a new AUMF. With that, I yield the floor. but I actually really like the reason. I For example, we have learned that no The PRESIDING OFFICER. The Sen- like the reason for the constitutional administration is ever going to want to ator from Massachusetts. provision. have the powers granted to it under the Ms. WARREN. Mr. President, I rise Madison and the Framers concluded 2001 law curtailed. The Obama adminis- to speak in support of the National De- that we should not order men and tration fought efforts to put an ISIS- fense Authorization Act. women into combat, where they are specific AUMF in place, and the Trump The Defense bill has a long tradition risking their lives and their health, if of bipartisan cooperation, and I was there is not a political consensus by administration has signaled it believes the 2001 authorities are adequate, and glad to join in that tradition as part of the elected leadership of the country the Armed Services Committee. As that the mission is so worth it that we it does not plan to seek a new AUMF. We have also learned that crafting a with any far-reaching legislation, there can fairly ask them to risk their lives. are a number of provisions in this I If we are afraid to cast a vote because, new AUMF that garners bipartisan sup- support and some I do not, but, on the oh, it is too unpopular or it could be port is an especially difficult task. I whole, this bill is a win for national se- too challenging, how can we stand up know, because we have been trying for curity and a win for Massachusetts. and say we are going to duck that re- a while. Massachusetts has a lot to offer our sponsibility when the consequence of I think we can all agree, the only national security. Each of our military war is that volunteers are being de- thing worse than having the 2001 stat- bases is unique in making vital con- ployed and potentially injured and ute in place is a partisan vote on a new tributions to our defense. The Massa- killed? AUMF. I will close and just say it seems to Lastly, we have learned that America chusetts National Guard has a proud me that the sacrifice of the millions is strongest when we speak with one history, dating back to 1636, and it con- who serve Active, Guard, and Reserve— voice, which means Congress needs to tains the oldest units of the U.S. Army. of the thousands who are deployed have some buy-in. We have to have Today we are proud of our military overseas in theaters of war right now— some skin in the game. Otherwise, we tradition, and we have a unique eco- their sacrifice should call upon us to can simply blame the administration system of universities, industries, have a debate and do the job we are for any effort overseas. startups, and military labs, all focused supposed to do. We can’t let wars against new ter- on the next-generation needs for our If the Paul amendment passes, I look rorist groups like ISIS be waged only warfighters. Research and development forward to working especially with my by the executive branch. We in Con- is critically important to this effort. It colleague from Arizona and my col- gress need to weigh in and we have to will literally save lives. I have made leagues on the Armed Services Com- let our allies and our adversaries know research funding a major priority, and mittee and colleagues on this floor to we are serious and committed. I am very pleased we have secured an have a debate, have a vote, and send a Taking these lessons into account, I additional $45 million in funding for strong message to terrorist groups, to think it is imperative for any future the Army’s Basic and Applied Research our allies—but especially to our terrorism-related AUMF to include a accounts, for places like Natick, where troops—that the article I branch of the sunset provision that requires Congress researchers are doing cutting-edge U.S. Government has a resolve and sup- to put its skin in the game. That way, work to better protect our soldiers. ports them. we can avoid being put in the position Overall, the bill increases funding for With that, I yield the floor. we are in today—having to vote on an science and technology $250 million The PRESIDING OFFICER. The Sen- amendment to repeal a law that au- above the President’s budget. ator from Arizona. thorizes force against groups that are The bill also recognizes the critical Mr. FLAKE. Mr. President, I wish to actively planning attacks against role that MIT Lincoln Lab plays in na- thank the Senator from Virginia for American interests. tional security research, and supports his leadership on this issue. He has Ultimately, I cannot support my col- the construction of a new advanced been at it a long time. The two of us league’s effort to repeal the 2001 AUMF microelectronics integration facility have been at it for quite a while. I in 6 months because of the very real that will begin in 2019. It also fully think this is the year. This is the time. risk associated with repealing such a funds the Defense Innovation Unit Ex- We are well past time for an AUMF. vital law before we have something to perimental, or DIUx, which is doing

VerDate Sep 11 2014 03:33 Sep 13, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G12SE6.030 S12SEPT1 SSpencer on DSKBBV9HB2PROD with SENATE September 12, 2017 CONGRESSIONAL RECORD — SENATE S5207 great work connecting DOD with inno- the Departments of Education and Vet- The next day, I met with Jessica vative startups in Cambridge and erans Affairs to automate the applica- Kensky and Patrick Downes. They had around the country. tion of student loan benefits available been recently married. When the bombs Our military bases, which are the to military borrowers. These Depart- went off, they were both seriously in- lifeblood of their communities in Mas- ments can use this information that al- jured. Each had a leg amputated at the sachusetts, are also receiving much ready exists in Federal databases to ex- scene. They were rushed to separate needed facility upgrades. Hanscom Air pedite student borrower benefits for hospitals, where they underwent more Force Base will receive $11 million to servicemembers, and there is no reason lifesaving treatments and where Jes- build a new gate complex that will dra- we shouldn’t just do that right away. sica lost her other leg. matically improve its security. This will make life a little easier for When I first saw Jessica, she still had Westover Air Force Base in Chicopee our vets, and it will help put many of gravel and glass embedded in her will receive more than $60 million to them on the road to a better education skin—injuries the doctors hadn’t yet construct a new maintenance facility and higher earnings for the rest of cleaned up. She was grateful to be and build a new indoor small arms their lives. alive, but worried about Patrick. When range to improve readiness. Natick There is another problem in our mili- I first met Patrick, he had the same Soldier Systems Center will receive $21 tary that we need to address. I was ap- question: How is Jessica? million to improve family housing fa- palled earlier this year at reports that The Boston hospitals at which they cilities, bringing our families working some male servicemembers shared received emergency care are among the at Natick closer to the base. nude photos of their fellow female serv- world’s best, and they saved many lives All three of my brothers served in icemembers without consent, and har- on that day, but those hospitals don’t the military, and I know the demands assed them on a website called Marines specialize in the long-term recovery of the military can be hard on families United. The military is not immune to from such complex and serious injuries and on servicemembers. I have spent a the rise of so-called revenge porn on- like limb amputation. For that, you lot of time over the last 9 months line. Make no mistake, revenge porn is need military hospitals, like Walter working hard with both Republican sexual harassment. DOD concluded in a Reed National Military Medical Cen- and Democratic Senators to do every- May 2017 report that such harassment ter, but right now, access to Walter thing I can to help improve the lives of can lead to sexual assault. Reed requires a special exemption from Just last week, I sat with women in our military personnel and their fami- the Secretary of Defense. Jess and Pat- Massachusetts who had been sexually lies. I partnered with Senator ERNST, a rick say they owe their recoveries to harassed and sexually assaulted during Republican from Iowa, to introduce the the doctors, physical therapists, and their time in the military. They volun- Leadership Recognition Act, which has teered for the military out of a deep prosthetic lab technicians who treated been incorporated into this larger De- sense of patriotism, and now they are them at Walter Reed and who have fense bill. Our proposal ensures that struggling hard to come to terms with treated thousands of troops since 2001. Earlier this year, Senator COLLINS, a our servicemembers get the pay raises what happened to them. Their sense of Republican from Maine, joined me in they deserve. betrayal—betrayal by their fellow serv- Over the last 15 years, Congress di- introducing the Jessica Kensky and icemembers—ran deep. rected the Pentagon to raise military Acts like these are deeply wrong, and Patrick Downes Act, which would pay so it was more comparable to civil- they undermine unit cohesion and allow all victims of terror attacks to ian wages, but it also gave the Presi- readiness. The Marine Corps and other receive treatment at military medical dent the authority to waive the re- services have taken some positive steps facilities if there is space available. I quirement to raise military pay. Unfor- in response to the website scandal, but hope we will never see another attack tunately, that keeps happening, and military prosecutors need the tools to like the Boston Marathon bombing, but military families who are already sac- combat this specific behavior. this bill will help us be ready if it hap- rificing so much don’t get the pay Commanders have always had the pens. raises they are entitled to. ability to prosecute disorderly conduct, I am glad the Defense bill includes Our new provision restricts the use of but the Uniform Code of Military Jus- language to implement the policy in this waiver. We promised our military tice does not explicitly prohibit non- our bipartisan bill, and I am particu- their regular pay raises in line with in- consensual photo-sharing in all cases. larly thankful to Senator COLLINS for flation, and they ought to get those To solve this problem, I teamed up working with me so other victims of raises, period. This one is a no-brainer. with Senator SULLIVAN, a Republican terrorist attacks will be able to access I am sorry it is taking Congress so long from Alaska, to introduce the Pro- our world-class military medical facili- to get it done, but we are there now. tecting Servicemembers Online Act. ties if they need them the way Jessica The Defense bill also includes my Our proposal closes the revenge porn and Patrick did. Service Member Debt Collection Re- loophole, making it unlawful under the The work on servicemember pay, GI form Act. The Consumer Financial UCMJ for military personnel to share student loan benefits, and help for ci- Protection Bureau has identified how private, intimate images without the vilian victims of terror made me proud unscrupulous debt collectors often take consent of the individual depicted. It to be in the U.S. Senate. At the same advantage of military personnel, for does this by balancing privacy protec- time, I worked hard this year to ensure example, by alleging that servicemem- tions and survivors’ rights, and I am the Defense bill contains a number of bers owe disputed or imaginary debts grateful this year’s Defense bill takes provisions that will strengthen our na- and sometimes even by contacting a similar steps to address this revenge tional security. servicemember’s commanding officer porn problem. There is more to do to Like my colleagues on the Armed to intimidate a servicemember into make sure each person who signs up to Services Committee, I am concerned paying a debt they don’t owe. This is serve our country is treated with dig- about Russian aggression. Too often outrageous. My provision requires DOD nity and respect, but this is a positive this year, this issue has been obscured to review and update its policies re- step. by partisan sniping, and it shouldn’t be garding harassment of servicemembers This year’s Defense bill also address- that way. Russia’s attempts to sow by debt collectors. es an issue which is very personal to global instability are a major national Our military personnel are also enti- me—how we care for victims of ter- security threat, and on the Armed tled to educational benefits that can rorist attacks. I had been a Senator for Services Committee we have treated it help them earn a degree or transition only 3 months when the twin explo- that way. to civilian life. However, too often sions went off at the Boston Marathon Earlier this year, I introduced the military members don’t actually use finish line on April 15, 2013, killing Countering Foreign Interference with these benefits because they can’t navi- three people and wounding hundreds Our Armed Forces Act. This bill con- gate a frustratingly complicated and more. I was on a flight from Boston to tains two provisions—one requiring an- bureaucratic application process. That DC when the bombs went off. I didn’t nual reports on the new and disturbing is why I offered an amendment to the even leave the DC airport. I just caught trend of Russian efforts to target our NDAA to make sure DOD works with the next flight back to Boston. military personnel with disinformation

VerDate Sep 11 2014 03:33 Sep 13, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G12SE6.032 S12SEPT1 SSpencer on DSKBBV9HB2PROD with SENATE S5208 CONGRESSIONAL RECORD — SENATE September 12, 2017 campaigns and a second bill in response this core anti-nuclear proliferation omy. Most importantly, this NDAA to the Michael Flynn scandal so DOD treaty as well. Our military doesn’t will make a real, positive impact on will be required to report to Congress want it. Our European allies don’t the lives of Americans. For those rea- when a retired general officer requests want it. Even the White House doesn’t sons, I intend to support it, and I urge permission to accept payments from a want it. We obviously don’t need it. In my colleagues to do the same. foreign government. We need to protect a world of limited resources, spending I yield the floor. our military and our country from out- tons of taxpayer money to build an un- The PRESIDING OFFICER. The Sen- side influence, and these are two steps necessary weapon that will make all of ator from Utah. we can take right now. us less safe is a terrible idea. Mr. LEE. Mr. President, I stand to Another area which concerns me is I also disagree with the committee’s support my friend Senator RAND PAUL the money we spend to outfit our mili- recommendation to zero out the fund- and to encourage my colleagues in the tary. The DOD buys a lot of goods and ing for the Warfighter Information U.S. Senate to support his proposed equipment, which means it pays an ex- Network-Tactical, otherwise known as amendment to the National Defense traordinary amount of money to gov- WIN-T. I have listened to the critiques Authorization Act. ernment contractors. It shouldn’t be of this system, but WIN-T Increment 2 In the Declaration of Independence, too much to ask those contractors to is the only tactical communications the Founding Fathers lodged the fol- provide high-quality products at a rea- system the Army currently has that lowing grievance against King George sonable price, to treat their workers permits communications on the move. III: ‘‘He has affected to render the mili- decently, and to knock off any efforts GEN Mark Milley, the Army Chief of tary independent of and superior to to extort extra profits out of the gov- Staff, has noted the importance of re- civil power.’’ ernment. I am pleased the Defense bill maining mobile on the battlefield. ‘‘If A decade later, the Founders in- also includes a number of my priorities you stay in one place longer than 2 or cluded a safeguard in the Constitution to promote these kinds of reforms. 3 hours, you will be dead,’’ he said. We so ‘‘civil power’’—in other words, the Step one in this process needs to be a should improve WIN-T, not junk it, and people and their duly elected rep- full audit of the Department of De- we definitely shouldn’t abruptly cancel resentatives—would play an important fense. DOD spending makes up half of this program without having any role in matters of war and peace. The the discretionary budget, and yet the earthly idea of what will replace it. safeguard takes up all of seven words DOD—unlike other government agen- Fortunately, this program is not ze- in the Constitution: ‘‘The Congress cies—has never been audited. That roed out in the House version so I will shall have Power . . . to declare War.’’ makes no sense at all. Senator ERNST continue to fight for this during the Today this safeguard—this crucial and I teamed up to fight for a provision House-Senate conference. check on government—has been eroded to incentivize the Department to Finally, I am concerned about the in several ways and in ways many achieve audit readiness by mandating a overall increase in defense spending Americans would find downright pay reduction for the Secretary of each contemplated by this bill, particularly alarming. military service unit that does not when there is no real plan in place to Congressional authorization for the achieve audit after 2020, and we got it pay for it. The Defense Department is use of military force is being used in a passed. not the only agency that is critical to contorted way to justify wars with an Senator PERDUE, a Republican from our national security, and most of ever-growing list of adversaries with- Georgia, and I joined together to press those other agencies are under attack out any input from Congress or the the Defense Innovation Board to study in this Congress. Moreover, it is impor- American people about whether we how we can improve the way the De- tant for us to make the investments we should be fighting those wars in the partment acquires software. need here at home, to do things like first place. Senator ROUNDS, a Republican from address climate change and promote Senator PAUL has submitted an South Dakota, and I successfully resilience after natural disasters, to in- amendment to sunset two such author- fought for a provision requiring DOD to vest in scientific research and dis- izations: the 2001 authorization of mili- open source software methods and open covery, to improve access to healthcare tary force against the perpetrators of 9/ source licenses whenever possible for and education, to build new schools, 11, and the 2002 authorization of mili- unclassified, nondefense software, in and to repair aging roads and bridges. tary force against the regime of Sad- accordance with best practices from We cannot support a buildup in mili- dam Hussein in Iraq. the private sector. This one is particu- tary spending that leaves our country I support my colleague’s amendment larly important so contractors can’t weakened and unable to build a strong because the world has changed and our shake down the Pentagon for new piles economy going forward. adversaries have changed since those of cash every time DOD needs to up- Fortunately, the bill we are putting authorizations were passed into law by grade and improve its software sys- forward today merely authorizes new Congress. Osama bin Laden is dead. tems. defense funding. Actual dollar amounts Saddam Hussein is dead. In fact, his Finally, after stories about contrac- for Federal spending will be deter- statue in Firdos Square came down al- tors with terrible safety records con- mined later this year for all of our most a decade and a half ago. Yet thou- tinuing to get DOD contracts, one after agencies as part of the appropriations sands of American troops are still serv- another, I successfully secured a provi- process. At that point, all spending— ing in the Middle East based on the sion that will require DOD contracting defense and nondefense—will be on the same authorizations Congress granted officers to consider workplace safety table at the same time. If that process more than a decade and a half ago. In- and health violations when they evalu- is going to serve the American people stead of changing these authorizations ate a potential DOD contractor. I in- well, it must provide for significant in- to reflect a changing world, politicians troduced the Contractor Account- creases in spending on education, infra- have used the old authorizations to ability and Workplace Safety Act to structure, basic research, and the other start new wars in countries other than address this issue, and I am very glad building blocks of a strong country Iraq and Afghanistan against adver- it has been included in the NDAA. with a vibrant future. saries that had nothing to do with 9/11. This Defense bill isn’t perfect. I don’t I commend the leadership of Senators The 2001 AUMF has been used to jus- agree with all of it. In a Republican- JOHN MCCAIN and JACK REED through- tify a drone war across the Middle East controlled Congress, I wouldn’t expect out this process. Our committee has a without a debate or a vote in Congress. to agree with all of it. For one thing, I long history of bipartisanship, and Sen- It has been used to justify air wars in vehemently disagree with the decision ators MCCAIN and REED have continued Libya and Yemen without a debate or a to authorize funding for research and that proud tradition. This legislation vote in Congress. It has been used to development for a new generation of supports our servicemembers and their justify military action against the Is- intermediate-range missiles. Everyone families, promotes commonsense Pen- lamic State terrorist group without a knows the Russians have violated the tagon spending reforms, advances cut- debate or a vote in Congress. Some of INF treaty already, but that is not a ting-edge defense research, and bolsters these military actions may be justi- reason for the United States to violate the Commonwealth’s innovation econ- fied, but the best way to determine

VerDate Sep 11 2014 03:33 Sep 13, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G12SE6.033 S12SEPT1 SSpencer on DSKBBV9HB2PROD with SENATE September 12, 2017 CONGRESSIONAL RECORD — SENATE S5209 whether they are is to submit them to the incredible and shattering attacks ning into the reality of American mili- scrutiny, to debate and vote on the on New York City, Washington, and the tary commanders wondering whether matter in Congress as the Constitution crash of an aircraft in Shanksville, PA, they should begin to plan for the ex- prescribes. and we responded. traction of our forces and the closing of As many of you know, we are in the Like so many of my colleagues who our facilities on these bases. I don’t midst of sort of a populist challenge to were here at the time, I did not expect think anyone here believes, with the Washington, DC. Senator PAUL and I that 16 years later we would still be en- workload we have, that we could tackle have listened to countless Americans gaged in the evolution of that fight this issue in the next week or two. voice many of their grievances against that began on 9/11, but we cannot sim- As the days go by, that contingency Washington. The gist of their com- ply stop and threaten to pull back our becomes more pressing on our military plaint in this area is this: They don’t legal framework with the expectation forces. Those commanders would have feel as though their interests are being that in 6 months we will produce a new to start making serious plans. Those taken into account in our Nation’s and more appropriate authorization for serious plans would be easily commu- Capital. Bit by bit, they have watched the use of military force. nicated to our allies, to our adver- their representatives cede decision- I think we should be on the floor de- saries, and to our troops on the ground. making power to unelected, unaccount- bating such an AUMF. I think it should As a result, I think, again, this is not able bureaucrats in the executive have been debated seriously and thor- the responsible way to pursue what we branch. They have watched as a Wash- oughly in the Foreign Relations com- all want, which is a more realistic ington consensus has emerged, a kind mittee, subject to amendment, and AUMF, one more resonant in terms of of faux consensus shared nowhere else brought forward to this Senate so that being consistent with the reality other than in Washington, DC. we could debate it. Then we could today. If you understand these concerns present it to our colleagues in the Some people have argued—in fact, that Washington, DC, is deeply unrep- House and ultimately to the President this seems to be the most compelling resentative of how much of the country and also do so in the full view of the argument—that this will force Con- feels, then you understand a lot about American public. gress to act. Well, I do think we have the populist moment. It applies to for- What we are simply doing, if the Paul to act, but I think what the proponents eign policy as well as domestic policy, amendment is adopted, is saying: If we are missing is that our action will not to how our government conducts itself can’t get our job done in 6 months, be immediate. As we look ahead, we abroad as well as at home. then we have no legal authority or have recesses that we will observe; we A decade and a half after the ter- questionable legal authority to con- will have other requirements; we have rorist attacks of September 11, 2001, tinue operations across the globe. It to get appropriations done. We have a the American people want a place at would be an arbitrary 6-month period. I host of legislative items. If this effort the table in decisions about war and think it would, unfortunately, send a takes a backseat and we approach the peace, about life and death. They want very inappropriate signal to our troops 6 months again, the difficulty of con- to be represented in decisions that con- and to our allies in the fight across the ducting military operations will be sig- cern them and their sons and their globe. Also, it would send an unfortu- nificantly complicated. What is in- daughters so intimately. If we do not nate signal to our adversaries because tended to be a forward effort in Af- give the American people these things, it would raise, quite literally, the pos- ghanistan will gradually begin plan- if we don’t listen to their concerns, ad- sibility, since we have supported the ning for withdrawal, even if at the last vocate for them in the legislative option, of abandoning our legal basis moment we come forward with a new branch and vote on them openly under for conducting many of these oper- authorization. the light of day in this Chamber, then ations in 6 months. I think it would be We have to think about those things we are failing them as representatives, read many places as a signal that the because it does affect the troops who and we are ignoring the Constitution. Senate has essentially declared that in are defending us today, it does affect That is why I am supporting Senator 6 months we are going to de-authorize how much our allies will be supportive PAUL’s amendment. I hope my col- our military efforts. I think that signal of our efforts, and it will also, as I indi- leagues will join me so that this issue would be very disturbing to our troops cated, give our adversaries the argu- can get the vote it deserves. in the field, to our allies, and it would ment that they have used repeatedly— Mr. President, I yield the floor. give a huge propaganda lever to our ad- that the United States is going. It was The PRESIDING OFFICER (Mr. versaries. pointed out years ago on one of my DAINES). The Senator from Rhode Is- The 6-month period is not related to first trips to Afghanistan—a saying has land. our operations on the ground, not re- become commonplace where the Mr. REED. Mr. President, I have lis- lated to the planning and the oper- Taliban would say: ‘‘You all have the tened intently to the discussions this ational procedures that are in place al- watches, we have the time.’’ And what afternoon with respect to the AUMF of ready. It is unrealistic to believe that we are doing with this measure is once 2001 and the AUMF of 2002, and all of if we cannot come to some resolution again giving them the time so they can the speakers have made a point that I in 6 months, we could suddenly with- predict or proselytize with more power think is obvious: We have to update draw our forces or find some other rea- that our presence will be diminished. our authorizations to account for the son to prosecute these wars and these Secretary Mattis and Secretary past 16 years, to account for the trans- efforts. Tillerson have written to the Senate formation of the threats in those 16 Again, we have to think seriously leadership expressing their concerns years and many other factors. about what the message would be if we with this approach, and I immensely The Paul amendment does not give adopted this resolution. I think the respect both gentlemen. I particularly us that transformative language so headline might say ‘‘Senate moves to respect Secretary Mattis for his serv- that we can make a reasoned judg- end involvement.’’ I am more certain, ice. He has been on the ground. He ment. It simply gives us a 6-month pe- after multiple trips to Iraq and Afghan- knows what it takes to lead marines, riod of time to work our way through istan and recently to Syria, that the soldiers, airmen, and sailors in action. all of the nuances, which are very com- headline in Baghdad and Kabul and Da- They are quite concerned. They are plicated and difficult. I think it would mascus would be ‘‘U.S. moves to end concerned about issues, too, to which unwittingly and unintentionally cause engagement.’’ That would cause great we have not devoted full attention. more difficulties than be an effective concern among our allies. It would As Secretary Mattis and Secretary way to urge action and to seek com- cause great concern among our troops. Tillerson indicate, there is a strong ar- plete action in this Senate and the Operationally, our planning and stag- gument that the legal basis for con- House and a signature by the Presi- ing is not something that is done in 6- tinuing to hold captured combatants at dent. month periods. It takes months and Guantanamo Bay would be taken away Again, I do understand the concerns months for military forces to prepare and that these individuals could, of all. I supported the 2001 authoriza- to go in. Unless we could do something through our courts, apply for habeas tion for the use of military force after literally next week, we would be run- corpus and could likely be released—

VerDate Sep 11 2014 03:33 Sep 13, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G12SE6.035 S12SEPT1 SSpencer on DSKBBV9HB2PROD with SENATE S5210 CONGRESSIONAL RECORD — SENATE September 12, 2017 something that I don’t think anyone support for the confirmation of Mr. The Trafficking Victims Protection would want to see. The presence of an Kevin Hassett to be Chairman of the Act, which I authored with Senator AUMF provides a legal basis for hold- White House Council of Economic Ad- GRASSLEY, promotes victim-centered ing these very dangerous combatants visers. Due to ongoing and urgent re- training for school resource officers, at Guantanamo Bay. covery efforts from Hurricane Irma, judges, prosecutors, and law enforce- I think it could also affect our ongo- which finished its course through Flor- ment. It ensures that trafficking vic- ing operations against terrorists ida only yesterday, and the lack of tims are properly screened and that throughout the globe, particularly our commercial air travel in the wake of more comprehensive data about traf- military operations, our special forces this disaster, I am staying in my State ficking crimes are collected. operations that are focused on terror- to help coordinate and marshal the full The Trafficking Victims Protection ists connected to Al-Qaida, connected capacity of recovery resources avail- Act also includes one of my top prior- to ISIS, connected to those groups who able to us. ities, which is to prevent the prolifera- have, over several administrations, Had I been able to attend today’s tion of trafficking offenses over the been included within the scope of the vote, I would have voted in favor of Mr. internet. I want to take a moment to AUMF. Hassett’s confirmation as Chairman.∑ discuss why I believe this to be a deep- To a point my colleagues have made, (At the request of Mr. SCHUMER, the ly important step in curtailing the administrations going back to Presi- following statement was ordered to be criminal enterprise of trafficking. dent George W. Bush, the Obama ad- printed in the RECORD.) The commercial sex industry is ministration, and now the Trump ad- evolving. The use of the internet to sell ministration—particularly in the case f commercial sex has escalated dramati- of the Obama and Bush administra- VOTE EXPLANATION cally over the past several years. tions—have adjusted the AUMF to con- ∑ Mr. NELSON. Mr. President, I was Online platforms have provided an front new circumstances, such as the necessarily absent for today’s vote on easily accessible and seemingly low- rise of ISIS, et cetera. They have done Executive Calendar No. 110, Kevin risk forum for buyers. In 2014, one so, though, in the context of a congres- Hassett to be Chairman of the Council website advertised nearly 12,000 adver- sional statute, not because of the ex- of Economic Advisers. I would have tisements for commercial sex in a sin- pansive power, under article II of the voted yea. gle day. Constitution, of the President to de- Mr. President, I was necessarily ab- Some of these sites have become hubs of human trafficking. Backpage.com, fend the United States. One issue here sent for yesterday’s vote on the motion in particular, has been used to facili- is, again, do we want to put ourselves to invoke cloture on the motion to pro- tate sex trafficking of minors for years. in the position where there is no gov- ceed to calendar No. 175, H.R. 2810, the The National Center for Missing and erning law; rather it is simply that ar- National Defense Authorization Act. I Exploited Children has determined that ticle II of the Constitution that pro- would have voted yea.∑ Backpage.com is linked to 73 percent of vides the legal basis? (At the request of Mr. SCHUMER, the all suspected child sex trafficking re- For many reasons, I hope we will following statement was ordered to be think carefully about our role with re- ports that it receives through its printed in the RECORD.) spect to Senator PAUL’s amendment. ‘‘CyberTipline.’’ He has been tireless in his advocacy— f Indeed, just a few months ago in my ‘‘relentless,’’ I think, is probably a bet- VOTE EXPLANATION home State, a 3-month investigation into Backpage.com led the Stockton ter word. He is doing so with the ut- ∑ Mr. MENENDEZ. Mr. President, I Police Department to discover eight most integrity and the utmost commit- was unavailable for rollcall vote No. victims being trafficked for sex in the ment to doing what he thinks is in the 194 on the nomination of Kevin Allen best interest of the United States. area. Some of these girls were as young Hassett, of Massachusetts, to be Chair- as 14 years old. San Joaquin District I come here today to point out what man of the Council of Economic Advis- I think our consequences would be, Attorney’s Human Trafficking Task ers. Had I been present, I would have Force said that advertisements on which would be very serious and very voted yea.∑ detrimental to ourselves, particularly Backpage com offered sexual acts with f our troops. I ask all of my colleagues the victims for as little as $20. to think clearly about what we are ABOLISH HUMAN TRAFFICKING Under current law, it is a criminal of- doing. We should and we must replace ACT AND TRAFFICKING VICTIMS fense to knowingly advertise commer- the AUMFs—both of them; however, PROTECTION ACT cial sex acts with a minor. Backpage.com has repeatedly asserted until we have a replacement, we Mrs. FEINSTEIN. Mr. President, shouldn’t create a 6-month period of that it has no involvement with the ad- today I wish to congratulate this body vertisements posted on its website. uncertainty, doubt, and confusion. on its passage of two important That is what it will be because it will However, after a thorough review of antitrafficking bills: the Abolish Backpage.com’s screening methods and affect our soldiers, our allies, and in Human Trafficking Act and the Traf- some respects, give more leverage to practices regarding their advertise- ficking Victims Protection Act. ments, the Senate’s Permanent Sub- our adversaries. I am proud to have worked with Sen- committee on Investigations concluded With that, I yield the floor. ators GRASSLEY, CORNYN, and KLO- The PRESIDING OFFICER. The ma- that Backpage.com knows that its BUCHAR on these comprehensive bills jority leader. website facilitates trafficking and and commend them and their staffs for knowingly concealed evidence of crimi- f the thoughtful and bipartisan manner nality by systematically editing its MORNING BUSINESS in which they were drafted. adult ads to help them avoid detection I would also like to thank the numer- Mr. MCCONNELL. Mr. President, I by law enforcement. ask unanimous consent that the Sen- ous law enforcement and Shortly after these findings were ate be in a period of morning business, antitrafficking organizations and, most publicly released, the Washington Post with Senators permitted to speak importantly, the survivors, who have obtained documents that showed that therein for up to 10 minutes each. provided feedback and support contractors hired by Backpage.com The PRESIDING OFFICER. Without throughout this process. It is my hope were specifically instructed to solicit objection, it is so ordered. that the legislation passed last night and create sex ads aggressively, includ- (At the request of Mr. CORNYN, the will assist the tremendous work these ing the posting of ads suggestive of sex following statement was ordered to be groups do in the fight against human with minors. In fact, these documents printed in the RECORD.) trafficking. revealed that ‘‘invoices and call sheets f Both bills reauthorize a number of indicate Backpage.com was pushing important programs that help victims [the contractor] to get as many new VOTE EXPLANATION and strengthen efforts to prevent, de- listings as possible.’’ ∑ Mr. RUBIO. Mr. President, in my ab- tect, and respond to human trafficking These revelations are deeply con- sence today, I would like to note my crimes. cerning, and I hope that they will be

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