January 31, 2019 CONGRESSIONAL RECORD — SENATE S777 States-Jordan Defense Cooperation Act of tary support funding to Israel. It reaf- vacuum that terrorists and others will 2015, and to halt the wholesale slaughter of firms the U.S. commitment to ensuring step in to fill. Our too-hasty with- the Syrian people, and for other purposes. that Israel has better weapons and drawal from Iraq, on a timeline we an- Mitch McConnell, Pat Roberts, Shelley equipment than its enemies. It will nounced to our enemies, created the Moore Capito, Mitt Romney, Richard Burr, John Cornyn, Rick Scott, Mike also foster increased technical coopera- circumstances that allowed for the rise Crapo, Cindy Hyde-Smith, Michael B. tion between Israel and the United of ISIS. We need to be wary about al- Enzi, Kevin Cramer, Mike Braun, John States to support the security of both lowing something like that to happen Boozman, Steve Daines, James M. of our countries. again. Inhofe, Thom Tillis, Joni Ernst. The legislation also strengthens our Terrorist groups are not the only en- f relationship with another close ally of tities we have to worry about. Adver- ours in the Middle East, the Kingdom saries like Russia and Iran are already NATURAL RESOURCES MANAGE- of Jordan. The Senate Intelligence trying to flex their power in the Middle MENT ACT—MOTION TO PROCEED Committee hearing on Tuesday was a East and would be more than happy to Mr. MCCONNELL. I move to proceed timely reminder of the importance of take advantage of an early U.S. with- to Calendar No. 7, S. 47. investing in our alliances. Senior intel- drawal to strengthen their foothold in The PRESIDING OFFICER. The ligence officials testified that China the region. clerk will report the motion to pro- and Russia are becoming increasingly While I understand and respect Presi- ceed. aggressive in seeking to increase their dent Trump’s desire to bring our troops The senior assistant legislative clerk influence, not just in their own regions home and to end these protracted wars, read as follows: but in other parts of the world. Rus- we must do so in a way that ensures Motion to proceed to Calendar No. 7, S. 47, sia’s support in the Syrian regime is a enduring stability and protects our in- a bill to provide for the management of the prime example. terests and those of our allies. The natural resources of the United States, and Now, more than ever, it is vital that leader’s amendment is an important re- for other purposes. we maintain close relationships with minder of the need for caution and re- CLOTURE MOTION our allies. The legislation before us flection as we consider troop with- Mr. MCCONNELL. Madam President, also contains the Caesar Syria Civilian drawals and would reassure our allies I send a cloture motion to the desk on Protection Act. This legislation will that the United States does not intend the motion to proceed. help hold accountable individuals who to abruptly leave them in the midst of The PRESIDING OFFICER. The clo- have supported the atrocities of the the battle. ture motion having been presented Assad regime. It directs the Treasury I hope all my colleagues will support under rule XXII, the Chair directs the Department to investigate whether the the leader’s amendment when we vote clerk to read the motion. Central Bank of Syria launders money on it later this afternoon. The senior assistant legislative clerk for the Syrian Government. USS ‘‘SOUTH DAKOTA’’ read as follows: The conflict in Syria has claimed Madam President, before I close, I hundreds of thousands of lives and CLOTURE MOTION would like to mention the commission driven literally millions of Syrians of the Navy’s newest Virginia-class at- We, the undersigned Senators, in accord- from their country. While the United ance with the provisions of rule XXII of the tack submarine, the USS South Dakota, Standing Rules of the Senate, do hereby States cannot solve every conflict which will occur this Saturday, Feb- move to bring to a close debate on the mo- around the world, it is vital that we ruary 2, 2019, in Groton, CT. Designated tion to proceed to Calendar No. 7, S. 47, a bill make it very clear the United States SSN 790, the USS South Dakota will be to provide for the management of the nat- will not tolerate those who have con- the 17th submarine of her class, push- ural resources of the United States, and for tributed to the brutality of Bashar al- ing the envelope of U.S. maritime tech- other purposes. Assad’s government. nology and undersea dominance. Mitch McConnell, Pat Roberts, Shelley Finally, the legislation we are con- We are proud the State of South Da- Moore Capito, Mitt Romney, Richard sidering today will protect the right of Burr, John Cornyn, Rick Scott, Mike kota will once again be represented in Crapo, Cindy Hyde-Smith, Michael B. State and local governments to decline the fleet by this engineering marvel, Enzi, Kevin Cramer, Mike Braun, John to do business with entities that have which will project America’s strength Boozman, Steve Daines, James M. chosen to boycott Israel. As I said, all and protect our national interests Inhofe, Thom Tillis, Joni Ernst. of the bills in the legislation before us throughout the maritime domain and today have bipartisan support, and I beyond. Mr. MCCONNELL. Madam President, hope the Senate will pass this legisla- In March 2012, I led the South Dakota I ask unanimous consent that the man- tion with a strong bipartisan majority. delegation, which then included Sen- datory quorum calls be waived. AMENDMENT NO. 65 ator Tim Johnson and Congresswoman The PRESIDING OFFICER. Without Madam President, I also would like Kristi Noem, in writing Secretary of objection, it is so ordered. to take a few moments to talk about the Navy Mabus to request that the Mr. MCCONNELL. I suggest the ab- an amendment the leader has proposed. Navy name its next attack submarine sence of a quorum. As I noted, this week, our intelligence the USS South Dakota. I join them and The PRESIDING OFFICER. The community leaders gave a frank assess- all South Dakotans in saying we are clerk will call the roll. ment of the threats we face to our na- excited to see this honor come to fru- The senior assistant legislative clerk tional security and to our interests, ition. proceeded to call the roll. from ISIS and al-Qaida to the danger The South Dakota will build off the Mr. THUNE. Madam President, I ask posed by a growing alignment between legacy of her forebears, a Pennsyl- unanimous consent that the order for Russia and China, to Iran’s desta- vania-class armored cruiser that served the quorum call be rescinded. bilizing activities in the Middle East. as a troop escort in World War I and a The PRESIDING OFFICER. Without As intelligence officials made clear, battleship that was one of the most objection, it is so ordered. the U.S. faces numerous persistent decorated battleships in World War II. S. 1 threats, and we should be wary of let- The battleship South Dakota was a Mr. THUNE. Madam President, I am ting our guard down or becoming com- proud representative of the 68,000 pleased the Senate is finally debating placent about our strength. For that South Dakotans who answered their S. 1 after three inexplicable Demo- reason, I would like to state my sup- country’s call to serving the war, earn- cratic attempts to filibuster the bill. port for Leader MCCONNELL’s amend- ing 13 battle stars in the Pacific the- This package of Middle East policy ment to express the sense of the Senate ater. bills, all of which have bipartisan sup- that we should be cautious about any The South Dakota led with her nine port, addresses a number of key issues. premature withdrawal of our troops 16-inch guns in the battles of the Santa For starters, this legislation will fur- from Syria and Afghanistan. Cruz Islands and Guadalcanal, which ther strengthen our relationship with We don’t have to look back very far earned her a reputation as a fighting our closest ally in the Middle East, for a reminder that prematurely with- machine by defending U.S. aircraft car- Israel. It authorizes 10 years of mili- drawing our troops can create a power riers and disabling the enemy’s.

VerDate Sep 11 2014 23:38 Jan 31, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.004 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE S778 CONGRESSIONAL RECORD — SENATE January 31, 2019 In her second Pacific tour, the South months apart during long deployments. to protecting Israel. Israel is easily our Dakota supported marine landings on The lives of submariners are not easy, most important ally in the Middle East the Marshall Islands with shore bom- and they are not easy for their loved and is easily our most important friend bardments before joining the Battle of ones. We thank them for their sac- in the Middle East. On some days, I the Philippine Sea and fighting rifice. think they are easily our only friend in through a bomb hit in order to defend The South Dakota’s complement of 135 the world, and we should support our our fast carriers. As information on talented officers and sailors will put its friends. Let me say that again. We U.S. military action was limited at the population in line with those of South have to support our friends, and Israel time, she was often referred to as ‘‘Bat- Dakota towns like Isabel, Pierpont, is a friend. This bill will support Israel, tleship X’’ and ‘‘Old Nameless.’’ and Java. Like South Dakota’s rural and I like that. So I am going to vote The submarine South Dakota will con- towns, the USS South Dakota will be a for the bill. tinue this distinguished tradition of tight-knit community of its own, al- No. 2, Senator RUBIO’s bill strength- service, and as is the nature of the sub- beit one that is uniquely confined to a ens our bond with Jordan, another key marine force, the accomplishments of submersed vessel just over a football ally. Jordan is a key ally in fighting this new boat and her crew may be field long and with a nuclear reactor. terrorism and the humanitarian catas- even more secretive than those of her The indigenous inhabitants and early trophe caused by Assad’s butchering of battleship predecessor’s. In fact, it pioneer settlers of the State of South his own people in Syria, along with the could be decades until we fully appre- Dakota instilled a resourceful and re- help of Vladimir Putin in Russia. ciate all the South Dakota might do in silient ethic in the culture of our State No. 3, Senator RUBIO’s bill will com- her 30-plus-year service life. We may that continues to this day. This was bat a radical economic welfare cam- very well read about her exploits in a driven by the remote, austere, and paign against Israel. That is very im- sequel to ‘‘Blind Man’s Bluff’’—the dar- often unforgiving conditions on the portant. You either support Israel or ing account of early U.S. submarine es- Great Plains. I am confident that such you don’t. It is time for everybody to pionage and power projection. hardiness will be replicated in all offi- stand up and be counted. I do. Because of the nature of their work, cers and crew members of the South Finally, Senator RUBIO’s bill creates the so-called Silent Service is often an Dakota as they live up to the boat’s new sanctions on the Government of undersung hero of the U.S. military’s. I motto, which means ‘‘Under the sea, Syria. I am not sure they are going to be enough, but it is a start. It targets have certainly never seen a submarine we rule.’’ at an airshow or coming down Main As boat sponsor Deanie Dempsey those who have been laundering money Street in a parade. The nature of the brings the boat to life on Saturday, we to help the Assad regime. I support all of these things. I sup- sub force’s mission is as secretive as it thank the officers and crew of the port S. 1, sponsored by Senator RUBIO. is high stakes, but at any given mo- South Dakota for their dedicated serv- I thank him, Senator RISCH, and every- ment, the U.S. submarine force is pa- ice to our country. body who has worked so hard on S. 1. trolling the depths of the ocean and is May God bless the USS South Dakota There is a way to make S. 1 better, monitoring littoral waters for threats and keep watch over her as she patrols and I have an amendment pending that against our Nation and our allies. the seas. will do that. I have heard some of my The South Dakota will project power I yield the floor. colleagues correctly say that S. 1 is I suggest the absence of a quorum. at sea and ashore with her payload of about standing with our allies, and The PRESIDING OFFICER. The torpedoes and Tomahawk cruise mis- that is important. Certainly, America’s clerk will call the roll. siles, which can be delivered without foreign policy is centered, in part, The senior assistant legislative clerk warning. Undetected, she will carry out around interests but not exclusively proceeded to call the roll. the seven core competencies of the sub- around interests. Values are important Mr. KENNEDY. Mr. President, I ask marine force—anti-submarine warfare, too. If you have a foreign policy just unanimous consent that the order for anti-surface warfare, the delivery of based on your nation’s interests, all the quorum call be rescinded. special operations forces, strike war- you do is go from deal to deal to deal, The PRESIDING OFFICER (Mr. fare, irregular warfare, intelligence, and everything becomes expendable, SCOTT of Florida). Without objection, surveillance and reconnaissance, and depending on what day it is. mine warfare—all while keeping adver- it is so ordered. America’s foreign policy has never saries on their toes. S. 1 been based exclusively on interests. I While Saturday will be a time for our Mr. KENNEDY. Mr. President, I want am not saying interests aren’t in- Navy and the country to celebrate this to continue talking about a subject volved, but it has been based on values. milestone, the South Dakota won’t just that I talked about yesterday, and that One of our values in America is that we be talked about here at home; around is our situation in the Middle East— stand with our allies. That is what S. 1 the world, our adversaries are taking specifically, but not exclusively, with does. It stands with our friend Israel. It note as this submarine will further respect to Syria. stands against our enemy Assad. It strengthen our global presence and To focus my thoughts, I want to stands with Jordan. ability to protect the interests of the begin talking about S. 1, which we are I will tell you who it doesn’t stand U.S. and our allies. Our adversaries are considering and will be considering with—the Syrian Kurds. The Kurdish already undertaking significant efforts shortly. We have been considering the people are one of the largest—if not the to challenge U.S. military capabilities procedural matters. largest—minorities in the world that is and international order. S. 1 is the Strengthening America’s stateless. There are Kurds in Iraq, Iran, While they can try to copy our de- Security in the Middle East Act. Its Turkey, and Syria. They don’t have a signs, mimic our operational concepts, sponsor is the senior Senator from the caliphate. They don’t have a country. or even try to replicate the way we Presiding Officer’s State, Senator They are occupying northeast Syria train, one thing they will never be able RUBIO. He has done an extraordinary right now, and I believe they want to do is to imitate our people. The job with this bill. We both know Sen- peace. I believe—some of my colleagues commissioning crew has proven its ap- ator RUBIO. He is whip-smart, as I said disagree with me—that they believe in titude and professionalism in the yesterday. Speaking for me, he has for- democracy, and that they, in large months leading up to this point. The gotten more foreign policy than I will part, embrace Western values. men and women of our submarine ever know. I understand that is debatable, but I force, like those who serve in the ranks This is a good bill. I will just men- will tell you one thing that is not de- across the Department of Defense, are tion a couple of things. Senator RISCH batable. We would not have defeated the root of America’s military has worked very hard on it as well. He ISIS without the help of the Syrian strength. is, of course, the chairman of our For- Kurds. That is just an actual fact. You As Americans, we are grateful for all eign Relations Committee. can write that one down and take it who have answered the call to serve There is a lot to like in S. 1. I just home to Mama. and the families who support them, es- made a list walking over here. No. 1, S. Before somebody starts saying, well, pecially those who endure spending 1 is going to reaffirm our commitment we haven’t defeated ISIS, I say: You

VerDate Sep 11 2014 23:38 Jan 31, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.009 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE January 31, 2019 CONGRESSIONAL RECORD — SENATE S779 never defeat the terrorist group. They I would like to have a trade deal with and it is important that we do debate will just change their names. Has every Turkey, but I also want to protect our these things. When the Founding Fa- jihadist in the world been eliminated friends the Syrian Kurds. thers put the Constitution together, in the Middle East? No. Duh. We will It is no secret and it is no understate- they were very clear on article I rights, never eliminate all of them, but that ment to say that President Erdogan, legislative rights, and some on the ex- doesn’t mean the President was wrong his administration, and Turkey have ecutive branch rights. On foreign pol- to say a couple of years ago, when he had some pretty harsh things to say icy, I think that was a work still in became President: I don’t know how about the Syrian Kurds and about some progress with them, and they left it many jihadists are calling themselves of the things that Turkey might do if with both branches to have a role in members of ISIS. we pull out and the Syrian Kurds are both crafting the foreign policy of this There were 100,000. There sure aren’t left exposed. I know that puts us in a country and also in execution of the 100,000 today. I know they had a capital very difficult situation. It puts the foreign policy of this country. In es- in Raqqa. I know they had a caliphate Senate in a very difficult situation. It sence, that is what we are doing with in the Middle East. I know there were puts the President in a very difficult S. 1. at least 100,000 of them, but there situation. Well, that is why we are S. 1 is a work that has been going on aren’t 100,000 of them now. here. for a considerable period of time, and it We wouldn’t have beaten back ISIS The purpose of this amendment, addresses the relationships we have without the help of the Syrian Kurds. which I hope the Senate will support— with a number of our friends in the The President has announced that he I hope I will be allowed to bring it up— Middle East. I think I heard the Sen- is going to pull American troops out of is not to make anybody take a tough ator say he did agree with S. 1 and the Syria, and he is talking about pulling vote or an easy vote. It is not about the things that are in there, trying to help American troops out of Afghanistan. I 2020 elections. It is not about trying to our friends the Israelis, trying to help know there is a lot of debate about get back at the House. It is about try- our friends the Jordanians, and also that. To be truthful, I don’t know who ing to allow us to focus and, hopefully, trying to help what friends we have in is right and who is wrong. resolve a problem coming down the Syria to help them shed the yoke of Senator MCCONNELL has a vote on his pike, like thunder on a summer night, Bashar al-Assad, which is the Caeser amendment to S. 1 today. I am not sure that we are going to have to face: What bill, which is included in this. This is a I am going to vote for it. It is not be- are we going to do if we pull out or conglomeration of about four different cause I think he is wrong, but it is be- minimize our presence in Syria, and bills. It is bipartisan, not something cause I am not sure he is right. I am our friends the Turks attack our that is common around here these not sure who is right. The President friends the Syrian Kurds? What are we days, but it is bipartisan in almost all says one thing, his intelligence com- going to do? respects, and it does do a lot of the munity says another, and Members of I don’t want to see us wait until that things we want it to do. So I appreciate the Senate say a multitude of things, happens and have us all running around hearing his support for S. 1. I want to as we always do. like a bunch of sprayed roaches trying talk for just a minute about a couple of We have to get this one right. There to figure it out. We need to deal with it issues he raised. is a lot of talk, not by Senators, but I now. We don’t need to deal with it on No. 1, talking about the debate that have seen the opinions in the press. the politics, and we don’t need to deal has been going on within the executive They say that this is all just a bunch of with it in terms of who we are trying branch on certain issues. This is the cynical politics, that the whole purpose to make take a tough vote. way it is supposed to work. Most of the of S. 1—and I don’t believe it, but I I would like to see the Senate have a time, this is done in the Intelligence have heard people say it, and I guess I briefing. I would like to bring experts Committee and in the Foreign Rela- can see their point—is about making over to talk to us—those who believe tions Committee in closed hearings. somebody take a tough vote; that is all we ought to remain in Syria, those who Occasionally, it bubbles over, as it has it is about. believe we ought to leave. While we are recently, where there were some state- Well, I don’t care about tough votes at it, let’s do the same thing about Af- ments made by the intelligence com- or easy votes or the politics of this. I ghanistan. munity that the President didn’t nec- think what the American people are Then let’s talk to the American peo- essarily subscribe to, but the intel- looking at is that we have been in ple straight up: Here is what we have ligence community was doing its job. Syria, and we have been in Afghanistan decided, and here is why. Here is the There are 17 committed intelligence and Iraq, and we have spent trillions of game plan. Here is when it is going to Agencies of the United States. Every dollars. Why are we there? Have we ac- be completed, and here is what it is day, they gather a massive amount of complished why we are there? And if going to cost. information which they try to boil not, when are we going to accomplish I am going to go back to where I down and understand where we are it? And, by the way, how much more started. I am not naive, nor is the Pre- headed. Their job is to gather that and will it cost? siding Officer. A country’s foreign pol- to submit it to policymakers—this I think the President makes a very icy always has involved with it inter- body, to the Foreign Relations Com- valid point about nation-building and ests—your own interests—but it is not mittee, to the Intelligence Committee, about mission creep. I have listened to interests alone. There has to be a this entire body, and, most impor- this debate, and I honestly don’t know, moral component to a nation’s foreign tantly, to the President of the United and I don’t think the American people policy, and our moral principle is that States and all policymakers through- know. I know the intelligence commu- we stand by our friends. out government. They do that, and nity may be split, but we in the Sen- I am glad we are standing by Israel. they do a good job doing it. Not every- ate, all of us—I have met every Mem- I am going to vote for the bill. I am not one agrees. ber of the Senate—all have brains sure I am going to vote for the amend- The intelligence communities—I above a single cell organism. We can ment this afternoon, but I am going to think I can say without breaching con- have experts come over here and brief vote for the bill. I just wish we would fidences—from time to time have a dif- us and tell us the pros and the cons. We stand by our friends the Syrian Kurds. ferent level of confidence as to a con- haven’t done that, and that really Thank you. clusion they reach regarding a certain bothers me. I yield to the chairman of the For- situation. Sometimes we debate these I am not here to criticize Turkey or eign Relations Committee. things publicly. The vast majority of President Erdogan. I am not saying I The PRESIDING OFFICER. I recog- times, we don’t. As policymakers, we agree with everything President nize the Senator from Idaho. do have to make decisions. Erdogan does or everything Turkey Mr. RISCH. Thank you, Mr. Presi- The President of the United States does, but Turkey is a NATO ally, and dent. has recently talked about the military that means a lot to us. Turkey is sup- First, let me thank Senator KEN- activities we are doing both in Syria posed to be a friend. I wish we could NEDY. I think he has articulated a num- and in Afghanistan, and it has properly have better relationships with Turkey. ber of things that are important to us, spawned a debate as to what we are

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One study found that 93 percent of ter what, the nation-building we did stand by and watch that this occurs. generic prescriptions are filled at $20 or after World War II in Germany and There have been conversations going less, with the average cost being just Japan and after the Korean war in on—I don’t think it is a secret to any- more than a little over $6, but for South Korea was incredibly successful. one—about how this is going to play many drugs, there are no low-cost al- We spent a lot of money there, we im- out and what role the United States ternatives, and people are increasingly ported American values there, and we plays in this regard, but it is a difficult struggling to cover the rising costs of did a great job. Over the last few dec- situation, as the Senator referred to. their medication. ades, we have tried to use the same At this time, I am going to oppose One witness from Indiana, Kathy model in the Middle East, and it has the amendment the Senator has pro- Sego, I think, speaks for a lot of par- been very unsuccessful. Before you can posed. I do so reluctantly because I ents who have children suffering from be successful, people have to want what think he is trying to speak to the fact diabetes needing insulin, and I think you are giving them. That has not been that we need to stand by our friends, her story was emblematic of that prob- unanimously accepted in the Middle and we do need to stand by our friends. lem across the country. East, and I think the President is right Our relationship with the Turks, I In her case, she is a wife, a mother of that we need to examine the nation- don’t think it is a secret to anyone two, and a choir teacher. Her son Hun- building and, for that matter, standing that it has hit a rough patch, but sim- ter is one of the more than 30 million up our fighting forces that again have ply because we are in a rough patch Americans who suffer from diabetes, not been particularly competent in the doesn’t mean we throw the baby out and he relies on insulin to manage his Middle East. with the bathwater. blood sugar. In any event, it is a good debate to We are going to have to continue to Kathy told us that when her son Hun- keep our commitments. We are going ter started college, he started to go to have. We are in the middle of that de- to have to, as the Senator suggested, the pharmacy to pick up his insulin bate right now. I think everyone agrees see that we stand by our friends. It is prescription himself. That is when he that, no matter what, we have to main- going to be difficult. It is difficult in discovered that it cost $1,700 a month, tain a sufficient military presence in the situation we are in, but we can do even with health insurance. The the Middle East in various places. I this, we are committed to do this, and copay—the part they were responsible think the military people are better we are going to continue to work at it. for and had been paying for Hunter, un- making that decision than we are, but I yield the floor. beknownst to him—is $1,700 a month. we have to have a military presence in The PRESIDING OFFICER. The Sen- Kathy assured him that, unfortunately, certain places so that when we get a ator from Texas. that cost was correct; $1,700 only cov- threat to America, we can respond, and PRESCRIPTION DRUG PRICING ers a 1-month supply. we will respond. I don’t think there is Mr. CORNYN. Mr. President, on Over the next few weeks, their family anything the President has said that Tuesday of this week, the Senate Fi- began to notice a change in their son backs us away from our commitment nance Committee had a very important Hunter. He was losing weight, falling to respond, when necessary, to threats hearing on the skyrocketing costs of behind in school, and was depressed—a to the United States by terrorists. We prescription drugs, something the Pre- far cry from what she said was his nor- are going to continue to respond. I siding Officer knows a lot about. mally positive and energetic self. Un- think he has rightly identified that we In 2017, a study found that more than beknownst to his parents, Hunter had should reexamine our nation-building half of Americans regularly take some only purchased one vial of insulin when efforts and expenditures in some areas, form of prescription medication. Mod- he needed four, and he began rationing and I think he is right there. ern medicine has made living with his supply of the drug. To try to coun- I want to touch on, for just a minute, chronic health conditions that would terbalance that, he began skipping what the Senator said about the situa- have once been debilitating or fatal— meals—which is dangerous for a dia- tion between the Turks and the Kurds, like diabetes, high blood pressure, or betic to do, let alone an incredibly ac- and then yield to my friend from asthma—modern medicine has made tive college football player like him. Texas. You are absolutely right. The living with those conditions manage- Fortunately, in time, his family real- Kurds have been a great friend of ours able. That is a blessing for which we ized what had happened, and they in- for a long time. They have stood by our are all grateful. tervened, avoiding what could have side. They have helped us in Syria and I know, at the same time, many of been fatal consequences, but her family in other places when we have been my constituents and many Americans still battles with the expense of this in- fighting over the recent decades in the struggle to buy prescription drugs to sulin. Middle East. They are good people. I treat common health problems, not be- Kathy says she worries about what met with them yesterday, and as I al- cause they aren’t widely available but happens when Hunter graduates from ways do, I thanked them for their com- because they simply are unaffordable. college, noting that his life choices are mitment to us and the sacrifices they For many higher cost, brand-named contingent upon his ability to pay for have made. I realize they are there in drugs, generic alternatives are avail- the medicine he needs to keep him their homeland and protecting their able at a lower price. For example, I alive. She wondered at our hearing: homeland. They have been magnificent happened to take a drug called Lipitor, Can he afford an apartment, utility fighters, and they are great people to which previously was covered by a pat- bills, and repay his student loans? Hun- have alongside us. ent. As a result of that patent, the cost ter, she said, needs insulin to live, but Some elements of the Kurdish people of the drug was higher because the pro- should that need for insulin keep him have had issues with Turkey. Turkey ducer of the drug had a monopoly. We from living? has been a long ally of the United grant that monopoly for a period of About 1.5 million Americans have States. We have a significant military time—I believe it is 12 years—in order type 1 diabetes like Hunter, where presence there and a significant base for them to recoup their research and their body produces no insulin to deal there. This has been going on for a long investment dollars. Unfortunately, with the blood sugar, but as I men- time. They are a member of NATO. many of these efforts to come up with tioned earlier, 30 million Americans, They are an official NATO ally of ours, lifesaving drugs are unsuccessful. So in according to the Centers for Disease which gives us certain responsibilities order to encourage innovation and life- Control, have diabetes, and about 3 and gives them certain responsibilities. saving discoveries, we have to find a million of those 30 million are in my The fact that the Kurds and the way to allow drug companies to re- State of Texas. Three million Texans Turks are having issues with each cover their sunk costs and make a prof- have diabetes for which insulin is a re- other should very much concern us. No it. quired treatment.

VerDate Sep 11 2014 23:38 Jan 31, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.012 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE January 31, 2019 CONGRESSIONAL RECORD — SENATE S781 While we know it is common to see TRIBUTE TO SUSAN PAMERLEAU turned to Amarillo, TX, where they higher drug prices for new drugs that Mr. President, switching gears just a opened up the firm appropriately have recently completed the costly re- bit, I want to share a quick good-news named Robinson & Robinson. search-and-development phase, that is story of two outstanding Texans who In 1955, she left the private practice not the case for insulin, which has been blazed the trail for women in public of law when Potter County commis- around for nearly a century and is a service. sioners appointed her judge of the Pot- type of biologic drug which is generally While I was in San Antonio, my ter County Court at Law, making her more expensive to produce. hometown, a couple of weeks ago, I had the first in a series of firsts for this re- I hope Kathy and Hunter’s story— the chance to congratulate our new markable woman. which could be told millions of times U.S. marshal for the Western District Judge Robinson found her passion, by other families across the country— of Texas, Susan Pamerleau. Over the and she was hooked. In the coming dec- impels us to investigate the causes for years, she has held many impressive ti- ades, she became an advocate for wom- these unreasonable costs for some of tles—general in the Air Force and sher- en’s rights, and she helped to promote these prescription drugs. I hope we find iff—and now she is a U.S. Marshal. In the passage of the Texas Equal Rights a solution—and I am confident we will addition to each of those, I have always Amendment, a constitutional amend- if we try hard enough—that will allow been proud to know her under a dif- ment voted on by the people in 1972. families like Kathy’s to live without ferent title—as a friend. Over the course of her remarkable 63- the burden of wondering how to pay for At Susan’s ceremonial swearing-in, year judicial career, Judge Robinson their healthcare costs, particularly Chief Judge Orlando Garcia opened by served as the 108th District Court when it comes to prescription drugs. noting the historical significance of judge, followed by associate and then At Tuesday’s hearing, I also ques- her being the first female marshal ever chief justice of the 7th Court of Ap- tioned our witnesses about a phe- in the Western District of Texas, which peals, located in Amarillo. nomenon known as rebates and the was established in 1857. In 1979, she was appointed by Presi- way pharmacy benefit managers deal Susan’s long and impressive career dent Jimmy Carter to be a judge of the with pharmaceutical companies. began at Lackland Air Force Base in U.S. District Court for Northern Dis- I noted that, ordinarily, it was a Texas, where my dad happened to have trict of Texas, where she served for crime to kick back money to a pro- been stationed at one time, where she nearly 40 years. vider. For some reason that nobody received her commission through offi- Her career is impressive, not only for could justify, there was an exclusion cer training school. Over the course of its length but for its quality. One at- for these rebates by pharmacy benefit her 32-year career in the Air Force, she torney practicing before Judge Robin- managers to pharmaceutical compa- rose through the ranks and retired, ul- son noted: ‘‘Lawyers may disagree on a nies. timately, as an Air Force major gen- lot of things, but almost all agree that In the case of prescription drug pric- eral in the year 2000. she treats everyone equally and fair- ing, rebates and discounts provided by When she returned to Texas, Susan ly.’’ That is high praise for a district manufacturers could mean the dif- joined USAA as a vice president and judge. ference between a drug being covered later became senior vice president. It Judge Robinson will be remembered by your insurance plan or not, and, cer- wasn’t until 10 years later that her ca- as an inspiring and devoted judge, an tainly, whatever the net price is after reer in law enforcement began when early advocate for women’s rights, and the rebate is not transparent to any- she was elected sheriff of Bexar Coun- a beloved member of her community. body, much less to the consumer, or re- ty, TX, which is the 11th largest sher- Last summer, Senator CRUZ and I in- turned directly to the consumer. Not iff’s office in the Nation. troduced a bill to rename the Federal only does this drive up the list price Susan was the first woman to hold building and courthouse in Amarillo and out-of-pocket cost of lifesaving that role as well, but she said: the J. Marvin Jones Federal Building drugs, but it makes it impossible for It was not about being the first woman. It and the Mary Lou Robinson United Congress or anybody to determine was really about redefining the role of what States Courthouse. where each dollar goes. the Bexar County sheriff does. This lasting testament to her judicial I find this lack of transparency Over the years, I have had the oppor- career will live on for generations, and alarming. It shouldn’t take an ad- tunity to work with her on a number of I am proud that Senator CRUZ and I vanced degree to figure out where your issues impacting my constituents and were able to cement this legacy for this money is going when you buy prescrip- our constituents, including mental legal pioneer. tion drugs or how to shop for the most health and law enforcement reforms. I While our family sends our prayers to effective drug at the right price. When think she has made an enormous con- the family of Mary Lou Robinson, we it comes to prescription drugs, we need tribution to both of those areas. can all be proud of her distinguished to promote transparency first and fore- Needless to say, I was thrilled when career of service, not only to her be- most, and we need to streamline and the President nominated Susan to be loved community in Amarillo but to eliminate regulations and laws that the new U.S. marshal for the Western the State of Texas and to the Nation as allow the middlemen to unnecessarily District of Texas and when she was a whole. drive up prices. We know we have the confirmed last fall. Her integrity, lead- I yield the floor. opportunity to do that in the coming ership, and management skills are crit- The PRESIDING OFFICER. I recog- months. ical to the Western District of Texas, nize the Senator from North Carolina. We shouldn’t require people suffering which comprises 68 counties and more COMBUSTIBLE CIGARETTES from chronic diseases to subsidize the than 6 million people. Mr. BURR. Mr. President, I was not healthcare costs of healthy people. I wish, once again, to congratulate next in the queue. Senator GARDNER There is something strangely wrong my dear friend Susan Pamerleau on be- was, but since I don’t see him, I am about this picture. I am glad we had coming the U.S. marshal, and I look going to jump in, in great Senate fash- the opportunity to listen to witnesses forward to continuing to work with her ion. on this topic, and I thank them for as we serve together the people of I rise today to educate my colleagues taking the time to share their insights. Texas. and the American people on actions I look forward to continuing to work REMEMBERING MARY LOU ROBINSON that are currently being taken by the with all of our colleagues on the Fi- Mr. President, finally, when you talk Food and Drug Administration. It deals nance Committee and generally to about women opening doors in Texas, with one specific thing that is familiar identify ways to make prescription you can’t leave out Mary Lou Robin- to all of us: combustible cigarettes. It drugs more affordable and accessible to son, who sadly passed away last week- revolves around a decision the FDA has the American people. end at the age of 92. just announced earlier this year: their As the Presiding Officer knows, given Her long and distinguished legal ca- plan to ban menthol combustible prod- his background in healthcare, I am reer began at the University of Texas ucts. Their rationale for doing this is confident he can be an important part School of Law, where she met her hus- that menthol is the doorway for youth of that solution, as well. band, A.J. After law school, they re- usage of tobacco products.

VerDate Sep 11 2014 23:38 Jan 31, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.013 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE S782 CONGRESSIONAL RECORD — SENATE January 31, 2019 Let me start and end at the same technology. Over 10 years, we haven’t member some of this—States actually point. I am going to start with this figured out how to write a foundational enforced because the Federal mandate chart. This chart displays, from 2011 to rule to tell companies how they need to was to enforce the age requirements. 2017, the CDC’s annual study of youth apply to get an e-cigarette approved. They do it on alcohol today, and in usage of tobacco products. Specifically, When we went into this 10 years ago, some places, they do it on tobacco. But this one addresses the use of menthol HHS claimed that the Department when we centralized all of the author- cigarettes, where we have seen a reduc- would need $100 million to establish an ity at the FDA, the FDA apparently tion of 5.8 percent to 2.5 percent. Agency solely focused on tobacco prod- gave up on the age requirement, and Somehow, as this chart displays, we ucts. We did them one better. We im- they only focused on things like this, have had a significant reduction in the posed user fees on the tobacco indus- where they can manipulate through use of menthol products for youth in try. For every piece of tobacco product government regulation, through oner- this country. With this trend line, we that is sold, they paid to the FDA a ous actions on the consumers, what are now making the case, as the Fed- user fee on that product. It is that user they want to accomplish, which I eral Government, that we have to ban fee that has funded the FDA effort. would suggest to my colleagues and to this product because it is what is fuel- In 2019, the FDA received $712 million the American people is not driven by ing an increase in youth usage. in user fees from the industry. Let me facts or science; it is driven by politics. Over the same period, youth usage of put that in perspective. Everybody who It is driven by those who want to see combustible cigarettes has dropped by buys a tobacco product is paying a this product eliminated. 12.5 percent. By any standard we would higher price today so that this money I will say what I said 10 years ago: I look at, we would say that we have an can go to the FDA so the FDA, hope- am ready for the debate. Let’s bring it education program in America that is fully, will create a foundational path- to the floor, and we can talk about it actually having the right impact here. way that will allow them to approve and debate it. Between what we educate, parental and receive applications for reduced- This is eerily similar to Canada a few guidance, and school pressures, the harm products. years ago when they banned menthol usage of our youth is going down. It is very consistent with this trend products. How did they follow that up? This would be something that typi- line of money we pumped into edu- This year, they legalized cannabis. cally we would praise, but, no, an ad- cation to reduce youth usage and to en- Maybe that is the route we are on. We ministration that came in primarily courage adults to switch, but until it is can have that debate at any point, but saying that we are here to reduce the illegal in the United States, adults right now, that is illegal in the United regulation of the Federal Government, ought to have the freedom to choose States, and we put up with it with has picked one area that not only is it the products they want. States that have legalized it. I am not not reducing, but it is disregarding the Unfortunately, 10 years later, we are sure it is a good move for adults, and I trends that we see, and it is coming out in no better position than we were 10 am not sure it is a good move for our with new regulations that, at the end years ago, where the choices are com- youth. It certainly has the same com- of the day, are going to impact adults bustible products or products that have bustible concerns we have with tobacco for whom we haven’t either provided yet to even have an established path- products. But there is a difference be- the tools to stop using combustible way by the FDA. tween the two—this is legal. We have cigarettes or who have made a con- Those who are venturing out today agreed that if you are over 18, you can scious choice that they want to use a offering e-cigarettes and alternatives choose to use it—with an extensive legal product they know up front is are doing it with the understanding educational campaign to tell every- harmful to their health. that tomorrow the FDA could walk in body why it is harmful to their health. To successfully talk about this, I and say: We are going to pull this prod- have to hit rewind and go back 10 uct off the marketplace because it Also 10 years ago, I offered an amend- years, because it was 10 years ago, in hasn’t been approved. Yet the FDA has ment to create a department within 2009, that the Congress of the United never created the pathway and shown HHS known as the Tobacco Harm Re- States took up the Tobacco Control an individual or a company the appli- duction Center, requiring public rank- Act. I will say that it was a controver- cation process to get a product like ing of tobacco products according to sial debate. I spent hours on this floor. this approved. their risk. That amendment would Here are some of the points I made in Ten years ago, before TCA was signed have allowed for the development of 2009—that H.R. 1256, which was the To- into law, there were 14 Agencies that new products to encourage individuals bacco Control Act, did not provide a regulated tobacco in the United States. to give up traditional tobacco products pathway to market for new tobacco It was the Treasury Department, the and turn to less harmful products. products. New tobacco products were Transportation Department, Com- I remember the debate well. My col- products that technologically we could merce, Justice, the Executive Office of leagues who were opposed to me in the create that provided a level of satisfac- the President, HHS, Education, Labor, debate said: If we centralize this at tion for its users but didn’t have the and the General Services Administra- FDA, the natural reaction will be that harmful effects of the combustion of tion. It is now consolidated into one. they will migrate to not only the appli- tobacco. Innovative products—we see You would think that we would do a cation being understood as to how to them in the market place today. They much better job of doing it. process it, but they will be inclined to are there not because of the guidance I am going to share with you the con- approve those products quickly because of the Food and Drug Administration, clusion, and I will come back to this a of the alternative that we know today. with over 10 years of total control over couple of times. Here we are 10 years later, and we the tobacco industry. They are there There is an age restriction on the have no transitional, foundational because the marketplace demanded it. purchase of tobacco today. It is 18. We pathway for a manufacturer to know Consumers said: Give me a tool to can have a debate as to whether it how to apply to the FDA or what switch. We have gone from gum to should be 21. We can have a debate standards they have to meet. It is al- patches, to now electronic cigarettes. about moving the age. most as if we are going to make it up It was believed, at the time, that be- But when an agency that has the sole as we go along. Therefore, these prod- cause we centralized tobacco regula- control of tobacco cannot enforce the ucts are on the marketplace, but there tion within an Agency that under- age requirement for it to be purchased, is no application process at the FDA. stands how to use scientific informa- you have to ask yourself, by taking They are susceptible to millions of dol- tion to make decisions, they would away options that adults have, does lars of investment being yanked tomor- look at trend lines like this and would that in any way, shape, or form affect row because somebody wakes up and make decisions that were consistent youth usage when the youth are ille- says: My gosh. Youth have started with it—that as technology became gally accessing the product today? using e-cigarettes. The Presiding Offi- more available, we could determine You see, back when 14 agencies con- cer knows there is an 18-year-old age how to put a heart valve in with it trolled it—and being a former Gov- requirement on e-cigarettes as well. Is being less invasive through the use of ernor, the Presiding Officer may re- the answer to that to remove all of

VerDate Sep 11 2014 23:38 Jan 31, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.016 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE January 31, 2019 CONGRESSIONAL RECORD — SENATE S783 that product for every American be- brought in $9.1 billion in State and it, I will question the science of their cause we can’t figure out a way to en- local excise tax, and it brought in $1.8 survey, with the trend that has consist- force an age limitation? I would sug- billion in State and local sales tax. ently built over the last 7 years. gest to my colleagues, if that is where That is a total of $15.2 billion. Two- But I would also make this point: If we are headed, we are going to elimi- thirds of it is—State and local govern- there is an age limitation on e-ciga- nate some products that will cause ments will lose over $10 billion in rev- rettes, just as there is on combustibles, chaos in this country. enue from this one decision, the elimi- are we not smart to first go in and find I suggest that this will not cause nation of a choice for adults—all under an enforcement mechanism for age if, chaos, but this will be the wrong signal the belief and sales pitch to the Amer- in fact, our concern is that our youth to send to adults who prefer to use this ican people that this is going to stop are using the product? product, and we do it under the false youth usage of tobacco. Bull. We are In essence, what they have done with pretense that we are doing this because not going to stop youth usage until we the menthol rule is they suggested: We of America’s youth. America’s youth enforce the age limit, whether it is 18, don’t want to enforce the age thing. are doing the right thing. They are re- 20, 21, wherever we set it. We elimi- That is hard. What is easy for us to do ducing their usage of combustible prod- nated enforcement of the age when 10 is to do something that is political. It ucts. They are not enticed by things years ago we consolidated all of this doesn’t change much, but we can go like menthol. Yet they are the ones into one entity at the Food and Drug out and say ‘‘Look at what we did. We whom we are using to be the fig leaf of Administration. eliminated access to this product.’’ all this new government regulation So my suggestion to my colleagues is The majority of the people who use that the Food and Drug Administra- we have gotten no benefit out of this. If this product are adults. The tax reve- tion is proposing to do. anything, we have lost because we nues at the State, local, and Federal Within the office of tobacco control, don’t enforce age. We have gotten no levels are huge. As a matter of fact, one of the settle- there are 778 employees. There are new innovative products. We are not ments that were made prior to the To- close to 1,000 employees in the center even on the horizon looking at a pro- bacco Control Act was the Master Set- for drug review. Put that in perspec- posed pathway. There is not a pathway. tlement Agreement. That was before tive—all the drugs that are out there, I question whether there is even one the Presiding Office was Governor and all the applications they are going perceived, even though we have 1,000 before some in this room might have through. We have almost as many peo- people working at CTP—soon to be cut been born. It was in 1998, and it was a ple in the tobacco control agency as we by one-third by their own proposal that significant change for an industry. do in drug review. is going to eliminate user fees based They agreed not only to defray Med- Well, the one thing I can assure you upon the loss of sales of menthol prod- about drug review is that they actually icaid costs at the State level; they ucts. agreed to an annual payment. That an- do process applications. It is long. It is So I say to my colleagues, it is ex- nual payment was more than $200 bil- laborious. We would like to speed that tremely important that you under- lion in manufacturer funds to defray up. Under the latest PDUFA reauthor- stand that when Commissioner Gott- the cost of healthcare to States ization, the user fee for drugs, there is lieb announced his reform initiative for through Medicaid resulting from the a 304-day average to process an applica- the regulation of tobacco on July 28, use of tobacco products and to develop tion. Well, the review of a modified 2017—and I recognize the fact that we cessation programs to get Americans risk—if you change the risk of a com- move from administration to adminis- to quit smoking. bustible, if you have decided as a man- tration, we move from Commissioner Let me suggest to you that it is not ufacturer that you are going to change to Commissioner, and most come in the industry that is fighting this; it is the paper on the cigarette because and say: The last guy did it all wrong; the industry that is fueling this. They there is technology that assures you I am going to do it differently. I hold are funding it. They are the ones fund- that paper is not going to burn and him to his word on July 28 when he ing the CTP. They are the ones funding somebody is not going to fall asleep said that. He said in that announce- the education programs. They are actu- and burn down a house—when they ment: The goals of the new approach ally the ones that are supplementing change that, that has to go through a will include the development of Medicaid funding in States. modification review at the FDA. How foundational regulations to provide the Well, let me say to Commissioner long does a modification review cur- rules of the road for the review of to- Gottlieb and to those bright folks over rently take? It takes 360 days—56 days bacco product applications and a path at CTP: When you do this, you are longer than that of a new drug applica- to market for less harmful products as eliminating a portion of that $200 bil- tion actually working its way through part of the solution to end the cycle of lion that is calculated based upon the the Food and Drug Administration. disease and death. sale of products in the marketplace, They can’t claim there are not enough Let me repeat what I said earlier. and you are reducing the shared cost of people. There are ample people, and the The FDA has yet to issue a single Medicaid. For many States that have FDA has hired 267 employees in to- foundational rule as called for in July diverted that money to other things, bacco control since 2017. The numbers of 2017. The proposed version of one SE you are reducing economic develop- may actually be identical now. rule is currently under review at the ment. I think one State was building As I said earlier, in 2019 the FDA will OMB. sidewalks with tobacco money in one receive $712 million in user fees from If you are now the single agency in large city. the industry. Of the $582 million in user charge of the regulation of tobacco and I could be critical of how they have fees collected by the FDA in 2018, you are looking at how to reduce the done it and what they have used it for, which we have just completed, $205 mil- harm of the product, wouldn’t your but I do know this: I went far enough lion originated from the sale of com- focus first be on how you approve tech- in math to know that if you reduce the bustible menthol cigarettes. So this nological products that meet the amount of sales and if the payment is one proposal is going to reduce by one- threshold of reduced risk? If you saw figured based on sales, then you reduce third the amount of money that the an increase in youth usage, would you the take States and cities are going to regulatory agency has. not look at a period of time, like 7 get from taxes or from the settlement. I might share with the Presiding Offi- years, and ask yourself, is this an So I say to my colleagues, con- cer—because I think he would find this anomaly? centrate on this number—2.5 percent of great interest, having left the State We will have a report next month was the last number the CDC came out of Florida as Governor—that there is a from CDC of their annual tobacco sur- and said that of our youth, this is the tax revenue piece tied to this. A ban on vey. There must be something alarm- percentage that use menthol products. the sale of menthol cigarettes will gen- ing in it relative to youth usage of e- We should not quit until that number erate a significant revenue loss for cigarettes alone, and I don’t dispute is zero. If you want to make that num- State, Federal, and local governments. what they found. If, in fact, we find ber zero for youth under 18 today for Last year, menthol sales brought in that menthol took a spike up and they all tobacco products, I have the an- $4.1 billion in Federal excise tax, it say 11 percent of our youth are using swer: enforce the law. Hold retailers

VerDate Sep 11 2014 23:38 Jan 31, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.017 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE S784 CONGRESSIONAL RECORD — SENATE January 31, 2019 accountable. Do the same raids on to- paper that is used, even though it is They get funded by the industry. bacco that you do with alcohol. We legal in some States. As a matter of Their actual work goes down. The probably will never get to zero, but we fact, we have less research on cannabis American people pay the tab for the might do better than 2.5 percent of in this country than any legal product user fees that are sent to the FDA, menthol or 8.5 percent of overall to- that exists, including bandaids. while the price of drugs, devices, ciga- bacco usage. There is more research and develop- rettes, and over-the-counter drugs goes I want to summarize because I know ment and approval that goes into up. When Congress stands up and says there are other colleagues who wish to bandaids than goes into cannabis in the explain this, they look at us—and we speak. I assure my colleagues, and I as- States where it is legal for either rec- control 25 percent of their budget for sure Commissioner Gottlieb and all the reational or medical use. any given center—and they say: We are individuals who work at the CTP at the So I would state to Commissioner going to go talk to the people who pay Food and Drug Administration, I am Gottlieb, in the insane world you have 75 percent of our budget, not to you. going to be down here every week. created, if you are going to head down The last thing I will share is that 25 These speeches are going to get longer this road, No. 1, expect Congress to years ago it wasn’t like this. Twenty- and longer and they will get more and weigh in but, No. 2, understand that if five years ago, we appropriated more detailed because I want my col- you begin to loosen up the legal use of everybody’s budget in the administra- leagues who aren’t here to understand cannabis, then we are going to hold tion. One hundred percent of the the debate we went through, the deci- you to the same standards you display money for the FDA was appropriated sions we made, and the assumptions for everyone else, everything that you by Congress. When I, as a Member of that were made for consolidating these hold a drug manufacturer to, that you the U.S. Senate, picked up the phone Agencies into one Agency versus mul- hold a drug device manufacturer to, and called the FDA, they didn’t want tiple Agencies, and what they said and, quite honestly, that you hold the to answer my question over the phone. would happen. I can give my own re- tobacco industry to. Don’t think you They wanted to come to my office that port card, and I am giving it to you. are going to slide this by and there are day and answer it. They wanted to ac- They have done zero. All of these mat- not going to be regulations or that we tually solve the problem. ters about reduced-harm products that are going to adopt the Canada model or I just went through a period of time the FDA was going to set up, transi- we are going to continue letting States where I gave FDA 2 weeks to respond tional, foundational rules don’t exist. do what they are doing. to letters and, in some cases, it took a It is 10 years later. It is 2 years after If you are worried about somebody month to get a response. the current Commissioner got in and burning a product and inhaling it into They don’t think we play a role in said: We are going to do this. their lungs, there better be as much this. Yet we set legislation priorities Well, I am still waiting. Rather than concern about that as it relates to for the country. I would suggest to my produce things which adults can take marijuana use. Why is there no effort— colleagues that this is an isolated ex- advantage of—tools to get off of com- given that this is legal from a rec- ample, that is true, but it is an exam- bustible cigarettes—what is the action reational and medical standpoint— ple of a much bigger problem within all of a sudden they take? To from the FDA to study this and put the the Food and Drug Administration and everybody’s amazement, they said: We science out? this Commissioner; that Congress is in- are going to ban menthol from the It only suggests to me that science is significant to them; that you can be marketplace. not important. Yet this is the institu- called up to provide oversight in front I mentioned Canada earlier. They tion that is the gold standard for the of a committee, and you can say what- banned menthol and, 3 years later, use of science. There is a scientific rea- ever because we have no clarity and no they approved cannabis as a legal prod- son for why it takes 304 days to get a transparency inside the system. So uct. I am not accusing the administra- new drug approved. There is no sci- they can tell me the review time has tion of having that pathway, though it entific reason that it takes 360 days to gone down 47 days since last year. I does raise suspicion because it is not approve as acceptable changing the don’t know whether it is accurate. I the administration of reduced regula- paper on a combustible cigarette. can only tell you this. I don’t see it in tion and onerous government when you I am not creating this pathway, the the numbers of third parties that do re- see what the FDA is proposing to a FDA did. It started with the U.S. Con- views. I see actions such as this with legal consumer product, but I will state gress providing this much authority to no science to substantiate it, and I that the Commissioner announced not one Agency, an Agency they believed have to question the science they use long ago that they were beginning to could do everything. Because they are across the landscape of products they review products that were derived from not funded by the U.S. Congress for review. cannabis, oils, and other things that this piece—they are funded by the in- The Food and Drug Administration they thought they could safely approve dustry—do you know what? They think regulates 25 cents of every dollar of the for use in the United States. Congress has no say in it. U.S. economy. This ought to be some- Well, Mr. Commissioner, you are only Do you know who funds 75 percent of thing that not just my colleagues but fueling my fears that you are following new drug applications that are filed, the American people should be con- the roadmap Canada followed; that this reviewed, and approved? The drug in- cerned with. is all a bait-and-switch situation. Not dustry. Seventy-three percent of appli- If you believe my argument is half only is it not valid to suggest we are cations they review and approve for the accurate and this is ill-advised, for doing this because of our youth, you medical device industry are funded by God’s sake, pick up the phone and call are doing it to prove that the Food and the medical device industry. the White House switchboard and tell Drug Administration can overreach With regard to generic drugs, which the President, who came in to reduce and not be slapped and that somewhere we all want more of because they drive regulation, that there is an Agency down the road you may come to the down the cost of drugs in America, all that is not listening. same conclusion Canada did; rather of a sudden the FDA has a backlog that Not only is there an Agency that is than enforce cannabis and illegal is years-long for approving generic ap- not listening, the President has a Com- drugs, let’s just approve them. Let’s plications. They said, if only we had a missioner that went on Twitter, and make them legal. Boy, that is a sad user fee agreement for generic drugs, there was a tweet that said the Presi- day. It is shocking to me as one who and that user fee agreement is over 60 dent’s numbers are going down, and the has been engaged in this debate for now percent of the cost of approving a ge- Commissioner ‘‘liked’’ the tweet. 25 years. neric drug. What has happened? The Maybe I will say that a few more times We are extremely worried about the backlog is every bit as big today as it so the President will see it or hear it, combustible impact of cigarettes—and was when the user fee was created. So but maybe somebody is listening who we should be—but States don’t have if my colleagues wonder why I am will tell him. any concerns about the combustible standing in the way of a user fee agree- I am not interested in a single indi- nature of cannabis. There are no filters ment for over-the-counter drugs, it is vidual’s political goal. This has to be on it. There are no regulations on the because I figured this out. an individual political goal because

VerDate Sep 11 2014 23:38 Jan 31, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.019 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE January 31, 2019 CONGRESSIONAL RECORD — SENATE S785 there is no science to substantiate The PRESIDING OFFICER. The Sen- gress in over a decade, and it included what they are doing, and the losers are ator from Nebraska. several positive reforms to our surface the localities and States in taxes and TRANSPORTATION AND SAFETY transportation system. It recognized States in settlement payments but, Mrs. FISCHER. Mr. President, I rise the importance of freight movement as more importantly, adults who choose to discuss challenges that influence part of the broader infrastructure de- this product because it is legal. nearly every component of our day-to- bate by including a new freight for- Now the FDA says, with the strike of day lives and the opportunity to ad- mula program and a freight specific a pen: We can eliminate it. It is no dress these challenges in the 116th Con- grant program. It gave key State and longer a choice you have. gress. local officials the flexibility they need- That is not the America I signed up No matter who you are, where you ed to develop strategic investments in for, but I did sign up to come here and live, or your level of income, every one their communities. fight for things I thought weren’t in of us is affected by our Nation’s trans- Together, we have improved the flow the best long-term interests of the portation system. I believe, as most of commercial traffic and increased the country. This is at the top of my list Nebraskans do, that a core responsi- safety of America’s roads, but there is right now. You will hear me often. bility of the Federal Government is to still much work to be done. With the I yield the floor. provide sufficient and sustainable 116th Congress underway, we have The PRESIDING OFFICER (Mrs. transportation and infrastructure to much to do on transportation policy. FISCHER). The Senator from Iowa. all of our citizens. Our transportation Of note is the quickly approaching (The remarks of Ms. ERNST per- system is critical to our national secu- expiration of the FAST Act reauthor- taining to the introduction of S. 285 are rity, to our economy, and to our public ization in September of 2020. The trans- printed in today’s RECORD under safety. Here in the Senate, I have portation and safety subcommittee, ‘‘Statements on Introduced Bills and worked hard to remove the unneces- which oversees the Department of Joint Resolutions.’’) sary obstacles to the safe and efficient Transportation and a number of modal Ms. ERNST. I yield the floor. flow of goods and people throughout administrations, will be hard at work I suggest the absence of a quorum. our country and around the world, and on our part of that FAST Act reauthor- The PRESIDING OFFICER. The I plan to continue that work as we ization. Administrations under the ju- clerk will call the roll. begin this Congress. risdiction of the subcommittee include The senior assistant legislative clerk This is a priority that is of particular the Federal Motor Carrier Safety Ad- proceeded to call the roll. importance to my State of Nebraska. ministration, the Federal Railroad Ad- Mr. SANDERS. Mr. President, I ask Agriculture is the economic engine of ministration, and the National High- unanimous consent that the order for our State’s economy. According to the way Traffic Safety Administration. the quorum call be rescinded. U.S. Trade Representative’s office, Ne- Each of these modal administrations The PRESIDING OFFICER (Mr. braska is the fifth largest agricultural will be closely examined by the sub- YOUNG). Without objection, it is so or- exporting State. To continue moving committee. We will be holding hearings on Fed- dered. our products from the heartland to the eral trucking policy and will be pro- (The remarks of Mr. SANDERS per- coasts and beyond, we need an effi- viding oversight for the FMCSA. The taining to the introduction of S. 309 are cient, an effective, and a safe transpor- trucking industry is critical to our printed in today’s RECORD under tation system. Few understand this economy because it moves the most ‘‘Statements on Introduced Bills and better than Nebraskans. We rely on the freight by volume and value across this Joint Resolutions.’’) connection of our roads and highways, country. As such, we will be examining Mr. SANDERS. Mr. President, I yield railroads, ports, and ocean carriers to the floor. a number of trucking issues, including bring goods and services to the world hours of service requirements, the I suggest the absence of a quorum. market. We use trucks to haul live- The PRESIDING OFFICER. The Compliance, Safety, Accountability stock across the country. Our railroads Program, and the very wide scope of clerk will call the roll. and waterways move vast quantities of trucking regulations. Moving forward, The legislative clerk proceeded to grain across the prairie and to the we will work together to find safe, call the roll. coasts, and our ports and ocean vessels practical solutions to these issues. Mr. THUNE. Mr. President, I ask move these commodities around the Additionally, we must carefully con- unanimous consent that the order for world. sider policies to support our port facili- the quorum call be rescinded. For Nebraska to continue benefiting ties and the connections they make be- The PRESIDING OFFICER. Without from domestic and international trade, tween truck and rail networks to ocean objection, it is so ordered. it is vital that we build and maintain shipping. It may sound funny to my Mr. THUNE. Mr. President, I ask our infrastructure, reduce unnecessary colleagues that a Senator from a triple unanimous consent that the cloture regulatory burdens, and promote safety landlocked State like Nebraska is ad- vote on the McConnell amendment across the surface transportation net- vocating the support of our ports and occur at 3 p.m. today, and the filing work. We must also recognize that con- ocean shipping industry. Yet, as I deadline for second-degree amendments nections across all of these modes— noted earlier, Nebraska is the fifth apply as if the vote occurred at the truck, rail, waterway, ocean, and air— largest agriculture exporting State in originally scheduled time of 3:30 p.m. must function smoothly for the system the Nation, and whether it is beef or The PRESIDING OFFICER. Without to work. grain or equipment, we depend on our objection, it is so ordered. In the Senate Commerce, Science, ports to ensure our quality products Mr. THUNE. I yield the floor. and Transportation Committee, I am reach around the world. I suggest the absence of a quorum. proud to, once again, chair the Sub- There are currently a wide variety of The PRESIDING OFFICER. The committee on Surface Transportation issues facing this key portion of our clerk will call the roll. and Merchant Marine Infrastructure, transportation system. Ocean carriers The legislative clerk proceeded to Safety and Security, which oversees are using even bigger vessels, which call the roll. the important surface transportation has greatly increased the amount of Ms. COLLINS. Mr. President, I ask issues. This will be my fifth year as freight moving through the ports and unanimous consent that the order for chairman, and I am looking forward to is affecting the connections to other the quorum call be rescinded. continuing the effective accomplish- transportation modes. The PRESIDING OFFICER. Without ments that my colleagues and I have Port operations are becoming in- objection, it is so ordered. made. creasingly complex, and stakeholders (The remarks of Ms. COLLINS per- Specifically, in 2015, we worked are examining ways to support freight taining to the introduction of S. 296 are across party lines to pass the Fixing movement by better utilizing data, printed in today’s RECORD under America’s Surface Transportation Act, such as GE Portal at the ports of Los ‘‘Statements on Introduced Bills and more commonly known as the FAST Angeles and Long Beach. Joint Resolutions.’’) Act. This was the first long-term high- Ports are taking advantage of new Ms. COLLINS. I yield the floor. way bill that had been passed by Con- types of infrastructure, like inland

VerDate Sep 11 2014 23:38 Jan 31, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.020 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE S786 CONGRESSIONAL RECORD — SENATE January 31, 2019 ports, while also addressing new chal- forward to working with the adminis- families, and the families of the service lenges such as a shortage of chassis to tration on policies that cut redtape and men and women who are stationed move the containers. improve the movement of people and abroad and involved in conflict zones State and local governments, indus- freight across our system. that this be the case. The problem is, if try, labor, and the Commissioners at During the last Congress, I was very you do so in the wrong way, you end up the Federal Maritime Commission are pleased to twice host Transportation dramatically increasing the likelihood reviewing these and other important Secretary Elaine Chao to Nebraska, of a future conflict that will involve issues to the maritime commerce sys- and I look forward to continuing to even bigger wars, with an even higher tem. We need to hear from all of these work with the Secretary and the Modal investment of lives and resources to stakeholders to better understand Administrators. I also look forward to win. these challenges and these opportuni- working with Senator DUCKWORTH, the Our foreign policy in the Middle East ties before us. new ranking member of the Transpor- today—particularly in this region we Additionally, last year, the Federal tation and Safety Subcommittee, and are talking about with Syria and Iraq— Railroad Administration oversaw one with all of my colleagues on the sub- is focused on two primary objectives, of the biggest changes to our railroad committee so we can find bipartisan as clearly stated by the policymakers. network in recent history—the imple- solutions for our surface transpor- The first is the regional threat of Iran, mentation of positive train control, or tation system. its growing influence and its spreading PTC. We have a very unique opportunity reach, and the other is counterterror- There are 41 railroads that are re- to work together to improve the daily ism. These are the two linchpins of quired by Congress to install and to use lives of all Americans. This is so much why we are there in the first place. PTC on their systems. I was glad to see more than just drawing a few lines on The Iran threat is self-explanatory. the statement from the FRA that all 41 the map. It means making decisions They pose a threat to our allies in the railroads met the deadline to submit that will help parents get their chil- region, particularly Israel but ulti- documentation that they are either dren to school using safe and reliable mately to the United States. The ter- utilizing PTC or that they have com- roads. It means ensuring our commer- ror threat is one that reminds us how pleted the requirements to receive an cial truckdrivers, railroads, ports, quickly we as a nation have a tendency extension, as required by the Positive ocean carriers, and all those in between to forget things. Train Control Enforcement and Imple- can ship products made in Nebraska to Now, no one has forgotten September mentation Act of 2015. This, however, the rest of the country and all over the 11, 2001, but what we sometimes fail to was the first of two major deadlines for world. It means connecting American remember is what made it possible in PTC implementation. communities. the first place. What made September Railroads that receive an extension During my chairmanship, I will en- 11, 2001, possible in the first place was must complete their PTC systems no courage strategic, targeted, and long- that a terrorist organization—al- later than December 31, 2020. Congress term investments that improve safety Qaida—led by Osama bin Laden, had es- must continue its oversight of PTC im- and more efficiently facilitate com- tablished within Afghanistan a safe plementation, especially as railroads merce. By working together, we can de- haven. Al-Qaida was not the Govern- work to achieve that interoperability liver solutions that will allow Amer- ment of Afghanistan—that was the across the network. ican families, communities, and busi- Taliban—but the Taliban allowed them The Transportation and Safety Sub- nesses to thrive for generations to to have a safe haven in Afghanistan, committee will be looking at PTC but come. and from that safe haven, they were also at regulations and railroad invest- Thank you. able to plot terrorist attacks against ments more broadly, both at the Fed- I yield the floor. America and ultimately strike us here eral Railroad Administration and at The PRESIDING OFFICER. The Sen- in the homeland. It was possible be- the Surface Transportation Board. ator from Florida. cause they had a place that allowed Late in the 115th Congress, the Sen- AMENDMENT NO. 65 them to do this. ate confirmed Patrick Fuchs and Mar- Mr. RUBIO. Mr. President, I come to It is, in fact, the key to any terrorist tin Oberman to be members of the speak about the pending amendment organization that would like to con- STB, and I look forward to working we are going to vote on in about 25 duct external attacks and that would with the Board and its new members on minutes. It is an amendment that says like to attack America. They have to rail commerce issues. it is a mistake to proceed with the have a place to operate from, and it The Transportation and Safety Sub- withdrawal from Syria in the pace and cannot be a place where they are being committee will also examine pipeline scale that is currently proposed or that followed, where they are being at- safety issues as we prepare for a reau- the White House has announced they tacked, and where they are being wiped thorization of the Pipeline and Haz- are going to undertake. out by Americans or coalition forces. It ardous Materials Safety Administra- What I will say here today is what I has to be a safe haven. tion. For families, consumers, workers, said about it initially; that is, that I My No. 1 concern about this decision and businesses, the safety and security think it is a bad idea. I said it then, that has been made is that it could of our pipeline network must remain a and I said it to the President in a sub- lead to the reestablishment of safe ha- top priority. America’s pipelines move sequent meeting, and I think it is im- vens inside of Syria from which ISIS vital energy to homes and businesses in portant to restate it here as we begin and al-Qaida could reconstitute them- Nebraska and throughout our Nation. to vote, since I believe this issue is selves, conduct external plotting, and Congress must continue its robust going to be covered in the press more ultimately attack the United States. oversight of our pipeline network. as a political issue than as a foreign We already face this risk. In North- In 2016, we worked in a bipartisan policy one. west Syria today, there is very little manner to pass a bill I introduced— It is unfortunate that a lot of these sustained pressure on ISIS elements. In what ultimately became known as the issues are wrapped up as political deci- Idlib, there is virtually no pressure on PIPES Act—to reauthorize PHMSA sions. These are not votes on political al-Qaida. Now, imagine with even less through fiscal year 2019. decisions. These are votes on the con- coalition pressure being put upon The Transportation and Safety Sub- duct of American foreign policy, which them, how capable they can become committee will be working to reau- oftentimes have no partisan lines but and how quickly they can establish a thorize PHMSA with an eye toward im- rather are ideological, in some cases, place from which they can plot against proving the efficiency and the effec- or just simply a different way to view us. tiveness of the Agency’s pipeline over- an issue. To understand why ISIS needs to plot sight. We will continue ensuring the I share the White House’s and the against us and conduct spectacular at- Agency has what it needs to complete President’s desire that as quickly as tacks against Europe and the United its pending rulemakings. possible—the key words being ‘‘as pos- States—this is a group that needs to As Congress begins its work on these sible’’—we end conflicts abroad. It is in prove it is still alive, and it is still surface transportation issues, I look the best interest of our Nation, our strong. If they can’t prove it, they

VerDate Sep 11 2014 23:38 Jan 31, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.030 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE January 31, 2019 CONGRESSIONAL RECORD — SENATE S787 can’t recruit people, and they can’t completely wiped out, there will be no undermines one of the two pillars of raise money. sustained pressure on ISIS or on al- our strategy and our policy in this re- They are also in competition with Qaida, and they will both grow back gion, and that is counterterrorism. The other terrorist groups. In fact, ISIS is stronger, and they will have the capa- second is the spread of Iranian influ- a spinoff of al-Qaida. These groups ac- bility to plot against the homeland and ence. Let there be no doubt that this tually compete with one another for American interests around the world. withdrawal as currently structured is a members and for resources. Both of That is something we cannot allow to win—perceptually at a minimum but I them have a vested interest in attack- happen. We cannot have that happen. believe in reality—for Iran. ing us abroad, not just in fulfillment of Some may say: Well, we can target Let’s begin in Southern Syria, the some ideological aims but as a means them. We just don’t have to have 1,500 areas that border Israel and Jordan. of survival because if these groups are or 1,800 special operators on the Our withdrawal means Iran and their able to conduct or inspire these kinds ground. We don’t need to do that. We pro-Iranian forces that include of attacks, it gives them credibility, can do it through the air and so forth. Hezbollah militias will now have even they attract members and fighters, and ISIS is becoming an insurgency. An in- more operating space from which to it allows them to raise money for more surgency is much different than a target Israel and will now be able to attacks. group with a flag that controls build- set up a more reliable ground route by Some people will tell you: Well, let ings and territory. You can find those which they can send weaponry into the others who are in the region take people, and you can strike them. An in- Lebanon to support Hezbollah so that care of them—Turkey or Iran or the re- surgency is people who blend into the one day they can attack Israel from gime or the Russians. The problem is, population. the air with rockets, precision-guided none of these groups have shown any By day, they are a baker or an ac- munitions, and the like. interest in fighting ISIS, not even a countant or a merchant, but in the eve- We see it already, for example, in limited interest. nings and at night, they are an ISIS Natanz, where the United States still The Turks are largely interested in a fighter planting bombs and killing peo- maintains a presence very near a huge buffer zone in the northern part of ple. Insurgencies are very difficult to refugee camp. We can already see the Syria—a buffer zone which the Kurds fight and almost impossible, if not im- pro-Iran, pro-regime forces beginning do not dominate because of their own possible, to fight with simply airpower, to encroach closer and closer upon the internal politics. I am not claiming the which is why the situation in Syria has American position, to the point where Turks are fans of ISIS. I am saying been so positive. Two thousand Amer- we may have to leave simply because ISIS is not their No. 1 priority. ican servicemen and special operators, we no longer have a defensive posture Their No. 1 priority is defeating alongside thousands of Syrian Demo- we can sustain. But what the with- Kurdish forces and gaining control of a cratic Forces and Kurds—who are pri- drawal has done is it has allowed Iran buffer zone in the northern part of marily doing the ground fighting with and the pro-regime forces to go to our Syria. That is what they are going to our logistical support and air support— allies, to go to the groups on the prioritize above anything and every- have eroded ISIS’s control of territory ground whom we have been working where else. They are not a reliable in the country, but they have not with to fight ISIS and say to them partner, nor do they have the capa- eliminated it, and there is enough of it ‘‘The Americans are unreliable. The bility to be a reliable partner in sus- left that it could reconstitute itself. In Americans are leaving. You might as taining pressure on ISIS. fact, it is in the process of doing so al- well partner up with us now. We are Interestingly enough, if you look at ready. They are clearly capable of kill- the only ones who can protect you’’ or what Turkey will need—even if they ing American servicemen, as they did a ‘‘You can lay down your weapons and wanted to be a sustained partner few days ago, and since that time, just go back to your families because against ISIS—it is logistical support there have been a series of other IED Americans are leaving.’’ I fear it is from the United States of America. In attacks inside of Syria, some of which working. I fear that they may dictate essence, they can’t even do what they could have killed Americans. the pace of our withdrawal, because are promising to do unless we are there This is a group who has openly that announcement alone has under- with them to do it, but they don’t want talked about their desire to possess mined our credibility in the eyes of the us to be there. That tells you they real- chemical weapons, which they could partners we have worked with in ly just want us to leave so they can use at any moment, potentially, Southern Syria. create this zone in the northern part of against Syrian Democratic Forces and What I just outlined is also true in Syria. Kurds in that area—and, by the way, the north, where the Kurds are facing The regime only cares about ISIS if putting directly in danger our remain- the risk of military attack from the they are in population areas or if ISIS ing service men and women alongside Turks, and they are saying: America is is threatening critical infrastructure. them. This remains a dangerous group leaving, and the only people left whom If ISIS is taking ahold of an oil facility capable of conducting attacks not just we can partner up with to protect us somewhere, they will care. If ISIS is in in Syria but potentially—especially if are Iran and the regime and/or the Rus- the middle of a big city, they will care. they have a safe haven abroad—here in sians. All of these other vast spaces, they the United States. In fact, we have left them no choice don’t have the resources, and frankly That is not to even mention a group but to join up with Iran and the Rus- they don’t care, as long as they don’t who doesn’t get talked about enough sians and pro-regime forces because if pose a threat to the regime, they don’t anymore—al-Qaida. Al-Qaida still ex- the choice is between annihilation by a pose a threat to population centers ists, and there is a part of Syria in Turkish military attack and joining up they want to control, and they don’t which they are completely with a regime to stop a Turkish intru- pose a threat to critical infrastructure uncontested. No one is going after sion, they are joining up with a regime like oil. If they are not there, they are them. They completely dominate the in Iran, further increasing Iran’s power not going to spend their limited re- area, and they do whatever they want in this country. sources. from there. And I promise you they are It is not just contained within Syria; All things being equal, they probably not there starting a car wash; they are this announcement has actually accel- want to defeat them, but they don’t there working to expand their brand erated the process of putting pressure have the wherewithal to sustain pres- and reach, to resurrect the al-Qaida on us to also get out of Iraq. All of the sure on them. They have limited re- brand around the world. What is the pro-Iran political parties inside the sources, and they are going to invest fastest way to do that? By conducting Iraqi Parliament are pushing very those resources in controlling popu- an attack against the United States hard, very aggressively to pass a law lation centers and in controlling crit- and our interests. We should be worried that kicks America out of Iraq, and ical infrastructure. about that alone. they are moving quickly on this. We So here is the answer: If the United The first reason why I am against see their tentacles in Afghanistan, States and the anti-ISIS coalition are this policy and why I support this where they are beginning to create in- not in Syria and operating until ISIS is amendment is that this policy directly ternal political pressure through their

VerDate Sep 11 2014 23:38 Jan 31, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.031 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE S788 CONGRESSIONAL RECORD — SENATE January 31, 2019 parliamentary body to force America I wish all of this investment had not this so-called Middle East security bill, to pick a date: Tell us when you are had to be spent. I openly wonder, how to the floor. Now, he has brought a leaving, a date certain. much more could we be doing if we hastily drafted amendment to the People may say: What is wrong with didn’t have this threat? But here is the table, one that on its face seems to re- this? Get out of Syria. Get out of Iraq. problem: Whether or not we want it to buke the President’s impulsive an- Get out of Afghanistan. Why are we exist, the Iranian threat and the threat nouncement earlier this month that he fighting other people’s wars? of terrorism exist. was precipitously withdrawing troops We are not. These are not other peo- We cannot deal with the world the from Syria. Congress should debate ple’s wars; these are ours. These people way we want it to be; we have to deal this issue. I support bringing our who are going to operate in these safe with the world the way it is. We didn’t troops home from Syria and Afghani- havens and Iran—we are their target. create the terror threat, but it is there. stan, and the manner and pace in They want to strike at us. And if we We can ignore ISIS, we can ignore al- which that occurs should be the subject are not in Afghanistan and we are not Qaida, and we can ignore Iran, but they of a full debate here in the Senate. We in Iraq and we are not in Syria, then will not ignore us. We can decide not to should have a debate about the scope of from where exactly are we going to go after them, but they will come after authorities under current authoriza- conduct operations against terrorism? us. tions for the use of military force, From where exactly are we going to be I think it is a grave mistake because AUMFs, and whether new AUMFs are postured to defend ourselves if Iran de- if we allow al-Qaida or ISIS or both to warranted. This amendment may be de- cides to strike our other military fa- have a resurgence, they will attack the signed to put Members on the record cilities in the region? The answer is, we United States of America, they will at- opposing the President’s announce- won’t have anyplace to do that from. tack our allies and our interests ment, but in Congress, we should have We won’t. Not to mention what it says around the world, and they will try and more meaningful debates that influ- to the region. they will plot to attack us here at ence policy and practice rather than Understand this: The Iranians and home. The Iranian influence operation fuel headlines. our enemies in the region have been and their growth and influence in Iraq I hope the majority leader will soon telling everyone for a long time—and and Syria and now in Lebanon and in- schedule that debate. the Russians echo this—‘‘The Ameri- creasingly in Yemen—and God forbid, The PRESIDING OFFICER. The Sen- cans are unreliable. They always aban- in the future, in Bahrain—pose an exis- ator from Wyoming. don their friends. You can’t count on tential threat to all of our allies in this Mr. BARRASSO. Mr. President, I ask them’’ or ‘‘America is a declining region—none more so than the State of unanimous consent that the vote power.’’ That is the other argument Israel. That is why I support this scheduled for 3 p.m. occur now. they use openly: ‘‘America is a great amendment. That is why I hope all of The PRESIDING OFFICER. Is there power in decline, and every year that my colleagues will support this amend- objection? goes by, you will see that they can’t ment. Without objection, it is so ordered. back up their words, and that is why It is important that the legislative CLOTURE MOTION you can’t count on them. America is branch and the Senate, which has a The PRESIDING OFFICER. Pursuant weakened.’’ I don’t believe that is true. constitutional role to play in the set- to rule XXII, the Chair lays before the In fact, we know that is not true. But ting of American foreign policy—they Senate the pending cloture motion, halfway around the world, they do, and come to us to confirm people, and they which the clerk will state. when we take actions that prove it, it come to us to fund these things—that The senior assistant legislative clerk makes it true in the minds of a lot of we play our rightful role in the setting read as follows: people and a lot of countries, and it ac- of American foreign policy. It is impor- CLOTURE MOTION tually is dangerous because it could in- tant that the Senate be on the right vite someone to take a reckless and ir- side of this issue so that we can hope to We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the responsible action on the basis of mis- influence future actions and policies Standing Rules of the Senate, do hereby calculation. Someone may actually be- before they are taken and we can help move to bring to a close debate on the Sen- lieve ‘‘America is now weak; let’s at- change them once they have been ate amendment No. 65 to Calendar No. 1, S. tack them,’’ and then we will be in a taken in places headed in the wrong di- 1, a bill to make improvements to certain de- war. rection. fense and security assistance provisions and The best way to prevent a war is to Mr. President, I yield the floor. to authorize the appropriation of funds to make sure those who want to fight you Mr. LEAHY. Mr. President, the Israel, to reauthorize the United States-Jor- know they have no chance of winning. McConnell amendment expresses the dan Defense Cooperation Act of 2015, and to sense of the Senate regarding the with- halt the wholesale slaughter of the Syrian If you give them any belief that they people, and for other purposes. have a chance to win because you have drawal of U.S. troops from Syria and Mitch McConnell, John Thune, Thom withdrawn and, as a result, reinforced Afghanistan, an action I have long sup- Tillis, John Cornyn, Mike Crapo, Roy the narrative being used against you, I ported. Many Senators, including sev- Blunt, Josh Hawley, Rick Scott, Deb believe you will have increased the eral of the cosponsors of the amend- Fischer, David Perdue, Mike Rounds, chance of war. ment, have supported the exact oppo- John Barrasso, Johnny Isakson, Cory This is being used against us right site position and would prefer to send Gardner, Dan Sullivan, Steve Daines, now. Iran is openly parroting this. more U.S. troops to both countries. Todd Young. They are holding this up as an example I believe that our military and diplo- The PRESIDING OFFICER. By unan- of an Iranian win. They are saying: matic presence in Syria and Afghani- imous consent, the mandatory quorum This proves our strategy has been stan should be determined by strategy call has been waived. working. The Americans are leaving and not by Presidential whims. I be- The question is, Is it the sense of the Syria. They are going to have to leave lieve that our strategy should be devel- Senate that debate on amendment No. Iraq. They are going to leave Afghani- oped with the thoughtful input of ex- 65, offered by the Senator from Ken- stan with their tail between their legs. perts, both in executive agencies and in tucky, Mr. MCCONNELL, to S. 1, a bill to We are winning, and they are losing. Congress. I believe that strategy make improvements to certain defense It reinforces a narrative, by the way, should be consulted and coordinated and security assistance provisions and that is also used against us by the Chi- with allies and partners and that it to authorize the appropriation of funds nese and other parts of the world. should be debated thoroughly in Con- to Israel, to reauthorize the United This is a very dangerous situation. gress. I believe that our commitments States-Jordan Defense Cooperation Act That is why this is a bad idea. This is should not be open-ended and should of 2015, and to halt the wholesale about a lot more than just pulling out have realistic and achievable goals slaughter of the Syrian people, and for and not wasting any more money in that bring them to completion. other purposes, shall be brought to a these other places. There is no one in As the new Congress convened, close? the world who wishes that more than I amidst a government shutdown, the The yeas and nays are mandatory do. I wish the money, I wish the lives, majority leader sought to bring S. 1, under the rule.

VerDate Sep 11 2014 00:17 Feb 01, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.032 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE January 31, 2019 CONGRESSIONAL RECORD — SENATE S789 The clerk will call the roll. AMENDMENT NO. 96 TO AMENDMENT NO. 65 to more effectively engage with the The legislative clerk called the roll. Mr. MENENDEZ. Mr. President, I call legislative branch. Mr. THUNE. The following Senators up Menendez amendment No. 96. I share in the belief that the way in are necessarily absent: the Senator The PRESIDING OFFICER. The which the President announced his from Tennessee (Mr. ALEXANDER), the clerk will report. Syria withdrawal—with no plan, with- Senator from Missouri (Mr. BLUNT), the The bill clerk read as follows: out consultation with Congress or our Senator from Georgia (Mr. ISAKSON), The Senator from New Jersey [Mr. MENEN- allies or consideration of the implica- the Senator from Kansas (Mr. MORAN), DEZ] proposes an amendment numbered 96 to tion for our partners—is not in our in- the Senator from Kentucky (Mr. PAUL), amendment No. 65. terest. American troops on the ground the Senator from Georgia (Mr. Mr. MENENDEZ. Mr. President, I ask are on the frontline, fighting for our PERDUE), and the Senator from Alaska unanimous consent that the reading of interests and also providing leverage to (Mr. SULLIVAN). the amendment be dispensed with. achieve diplomatic success. Further, if present and voting, the The PRESIDING OFFICER. Without At the same time, it is imperative Senator from Tennessee (Mr. ALEX- objection, it is so ordered. that this body, which has the responsi- ANDER) would have voted ‘‘yea,’’ the The amendment is as follows: bility to authorize the use of military Senator from Kansas (Mr. MORAN) (Purpose: To clarify that the amendment force, emphasize that such force alone would have voted ‘‘yea,’’ and the Sen- shall not be construed as a declaration of will not protect our interests; that ator from Alaska (Mr. SULLIVAN) would war or an authorization of the use of mili- military force alone cannot defeat have voted ‘‘yea.’’ tary force) ISIS, al-Qaida, or other nonstate ac- Mr. SCHUMER. I announce that the At the end of the amendment, add the fol- tors; and that military force alone will Senator from Ohio (Mr. BROWN) and the lowing: not provide enduring, sustainable peace (c) RULE OF CONSTRUCTION.—Nothing in Senator from Illinois (Mr. DURBIN) are and security against our adversaries. this section shall be construed as a declara- necessarily absent. More importantly, when we do send tion of war or an authorization of the use of our sons and daughters into combat, we The PRESIDING OFFICER (Mr. military force. BRAUN). Are there any other Senators should do so only after careful consid- The PRESIDING OFFICER. The Sen- in the Chamber desiring to vote? eration and consultation and with ator from Idaho. clear objectives and strategy—a strat- The yeas and nays resulted—yeas 68, Mr. RISCH. I would like to ask Sen- nays 23, as follows: egy that requires investments into dip- ator MENENDEZ, is it your under- [Rollcall Vote No. 13 Leg.] lomatic efforts in coordination with standing that your amendment does our allies and partners. YEAS—68 not affect any existing legal authori- I want to make it crystal clear that Barrasso Feinstein Reed ties governing the use of military the McConnell amendment cautioning Bennet Fischer Risch force? Blackburn Gardner against a precipitous withdrawal of Roberts Mr. MENENDEZ. Yes, that is my un- Blumenthal Graham Romney U.S. troops in no way constitutes Sen- Boozman Grassley Rosen derstanding. My amendment should ate support for their permanent pres- Braun Hassan Rounds not be construed to affect in any way Burr Hawley ence for an undefined mission. As a Rubio any existing authorities governing the legal matter, my amendment makes Cantwell Hoeven Sasse Capito Hyde-Smith use of military force. It only clarifies Scott (FL) clear one critical point: Nothing in the Carper Inhofe Scott (SC) that the McConnell amendment is not McConnell amendment can be con- Casey Johnson Shaheen an authorization for the use of military Cassidy Jones strued as an authorization for the use Collins Kaine Shelby force or a declaration of war. of military force. Authorizing military Coons King Sinema Mr. RISCH. I thank Senator MENEN- Stabenow force is simply not part of the debate Cornyn Lankford DEZ. Based on our understanding of Cortez Masto Manchin Tester on either the McConnell amendment or Cotton McConnell Thune your amendment, I will be supporting S. 1. Cramer McSally Tillis it. At the end of the day, I would like to Crapo Menendez Toomey The PRESIDING OFFICER. The Sen- see all of our troops back home and off Daines Murkowski Warner ator from New Jersey. Duckworth Murray Whitehouse the battlefield. I believe we must con- Enzi Peters Wicker Mr. MENENDEZ. Mr. President, the tinue to have comprehensive strategies Ernst Portman Young Senate just invoked cloture on the ma- to achieve that outcome. NAYS—23 jority leader’s amendment, and I now So, in conclusion, I believe the ma- rise to urge support for my second-de- Baldwin Kennedy Schatz jority leader’s amendment sends an im- Booker Klobuchar Schumer gree amendment, the one where the portant message to the President—that Cardin Leahy Smith colloquy included in the RECORD be- while he is the Commander in Chief, Cruz Lee Udall tween the chair of the Senate Foreign the legislative branch will continue to Gillibrand Markey Van Hollen Harris Merkley Relations Committee and me leads to exercise the due diligence and over- Warren the conclusion of his support. I believe Heinrich Murphy Wyden sight of his actions regarding our secu- Hirono Sanders the amendment will also have the sup- rity and interests abroad. It also sends NOT VOTING—9 port of the majority leader and the rest a message that the United States will of the body. The inclusion of my Alexander Durbin Paul not abandon our allies and our part- Blunt Isakson Perdue amendment will be essential for my ners. Brown Moran Sullivan vote in support in terms of moving for- I particularly worry about the Kurds The PRESIDING OFFICER (Mr. ward. in this regard, who have been some of BRAUN). On this vote, the yeas are 68, As I have stated over the past month, the most significant fighters on the the nays are 23. I continue to be seriously concerned ground in Syria and who are also in Three-fifths of the Senators duly cho- that precipitously withdrawing U.S. pursuit of our interests there. We can- sen and sworn having voted in the af- troops from Syria and Afghanistan will not send a global message that once we firmative, the motion is agreed to. deeply harm American interests and have finished using you for our pur- The clerk will report the bill by title. security. With that in mind, I am gen- poses, we will leave you to die on the The bill clerk read as follows: erally supportive of Senator MCCON- battlefield. That sends a message NELL’s amendment to S. 1, which A bill (S. 1) to make improvements to cer- across the globe: Don’t fight, and don’t tain defense and security assistance provi- echoes what I have been saying for join the United States because when it sions and to authorize the appropriation of much of the past 2 years, calling on the finishes with you, it will leave you to funds to Israel, to reauthorize the United administration to develop a real strat- die on the battlefield. States-Jordan Defense Cooperation Act of egy for securing our interests in the I want to make it clear to the Amer- 2015, and to halt the wholesale slaughter of Middle East, including combating ter- ican people, however, that we are not the Syrian people, and for other purposes. rorist groups and effectively con- in the business of authorizing open- The PRESIDING OFFICER. The Sen- fronting Iranian and Russian aggres- ended conflicts or of keeping our troops ator from New Jersey. sion, and calling on the administration on the battlefield forever. Our safety

VerDate Sep 11 2014 00:55 Feb 01, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.036 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE S790 CONGRESSIONAL RECORD — SENATE January 31, 2019 and security depend on holistic, com- with us that day. It was not Dan Coats’ has to deal in facts and information, prehensive strategies, and I look for- opinion or Gina Haspel’s opinion or not policy, but if the message is sent ward to working with my colleagues on Paul Nakasone’s opinion. They were down through the ranks of ‘‘don’t give both sides of the aisle to ensure that distilling and presenting to us the in- me an assessment that disagrees with we are effectively using our powers to telligence and the information that where I started,’’ that will start to hap- make sure the President is effectively had been developed by their good peo- pen. using his. ple over the course of the past month, Indeed, it is human nature. All of us I yield the floor. week, years to inform us and to inform want to be in the good graces of the The PRESIDING OFFICER. The Sen- the President of the best information boss. All of us want to give our superi- ator from Maine. available so we can make the best deci- ors information they want to get. I was SELECT COMMITTEE ON INTELLIGENCE’S sions. in law school over 50 years ago and had HEARING ON WORLDWIDE THREATS After the hearing, what disturbed me a friend who had been a captain in Mr. KING. Mr. President, I rise to was the reaction of the President of the Vietnam. He told the story of being on discuss for a few moments reflections United States. Instead of absorbing and the ground in Vietnam. There was a upon the hearing we had this week in listening to this information, he dis- skirmish in which a half a dozen Viet the Intelligence Committee on world- missed it. He not only dismissed the in- Cong were killed. He filed his report. wide threats. This is an annual hearing formation, but he dismissed the mes- His report went to the division. At that and is in public, at least the first part. sengers and said they had to go back to point, half a dozen became 15. It went Then there is a closed session after- school or that they were being naive. to headquarters where 15 became 50. It ward with the heads of our intelligence Now, I don’t want to be heard as having then went to Washington where 50 be- Agencies—the CIA, the FBI, the NSA, said that the intelligence community came 150. That is because Washington the Defense Intelligence Agency, and, always gets it right. I know, in my hav- wanted to see higher counts. That was of course, with the Director of National ing sat through hearings on Afghani- the perception that corrupted the proc- Intelligence. stan and Syria and on many of the ess, not because people were being cor- This is an important hearing because other difficult subjects we face, that rupt in the sense of being evil or of it basically outlines to the American there are mistakes made and that Dan wanting to do wrong but because they people the threats we face and the seri- Coats does not have a direct line to the were doing what is human nature, ousness of those threats. It is an oppor- Almighty in terms of the facts. They which is ‘‘I want to please the person tunity for those of us on the committee are not always right. Yet, if one is above me in the chain of command.’’ and for Members of the Senate in gen- going to dismiss their findings, it If the President of the United States eral to understand the nature of the should be based upon some additional is not so subtly telling the intelligence threats, what the intelligence is, and set of facts or information from some community what he wants to hear, what the information is that we have source. that will inevitably affect the quality to help us make good policy decisions. There were two things that bothered of the product he receives, which, in- Good intelligence is crucial to mak- me about the President’s reaction. One deed, will also inevitably affect the ing good decisions. We live in an in- was he essentially dismissed the facts quality of decisions he makes. credibly complex world, and my work in a whole series of cases—of Iran and Again, I am not saying the intel- on the Intelligence and Armed Services ISIS. Those were two we talked about. ligence community is always right. I Committees over the past 6 years has With regard to North Korea and Rus- certainly believe the President or any educated me as to just how complex sia, basically, he said: I don’t believe other policymaker, including Members and difficult a lot of these issues are. I any of it. The problem with that is, it of Congress who receive this informa- remember a long discussion about the undermines the confidence you have in tion, need to review it critically—ask Middle East at one of the Intelligence the decision-making authority at the questions, probe and prod—and try to Committee meetings, and one of the highest level if facts don’t matter. The be sure the information is correct, but members on the committee said that information that is supplied is not by to dismiss it out of hand in a tweet, it this is a really hard, complicated sub- Dan Coats, not by Gina Haspel, not by seems to me, is dangerous. It is dan- ject. The witness that day, who was Paul Nakasone but is the view—the gerous because it undermines the Ex- from the CIA, said: ‘‘Welcome to the distilled wisdom—of the thousands of ecutive’s authority to make good deci- Middle East.’’ people whose job it is, whose profession sions based upon the facts, and it is These are very difficult issues, but in it is, to ferret out the truth. dangerous because it has the potential order to make rational, thoughtful, im- At the beginning of the hearing, Dan for skewing the information itself in portant, and very results-oriented deci- Coats gave the best synopsis I have the future. Either one of those things sions based upon the information from ever heard of the mission of the intel- is a danger to national security. these hearings, we have to know the ligence Agencies, of the mission of our If the President has facts that are facts. We have to understand what the intelligence community. It was very different than those that are presented implications are and what the likely simple—to seek the truth and to speak by the intelligence community, he results are but also, more fundamen- the truth. That is exactly what they should at least present them and say: tally, just what is going on, on the did at that hearing. They sought the This isn’t consistent with what I ground. Whether you look back 50 truth through the auspices of these learned at ‘‘such and such’’ a con- years, 100 years, or 150 years, often our very professional, very thorough Agen- ference or what I am hearing from the worst foreign policy misadventures cies that are scattered throughout the State Department or from what I am have been based on one of two things— world. Then they spoke the truth by hearing from Homeland Security. Yet either bad intelligence or intelligence telling us what they learned. to simply say they are naive, that they that was somehow skewed in order to The second problem I have with the don’t know what they are doing, and meet the desires of the policymakers. President’s reaction is a little more they should go back to school deni- If we don’t have good intelligence, we subtle, and this goes to the heart of the grates the work of thousands of loyal, can’t make good decisions. relationship between the intelligence patriotic Americans who are doing A lot of attention has been paid to community and policymakers. The sub- their level best to produce information the people who were testifying at that tle message that was being sent was: upon which good decisions can be hearing—as I mentioned, the heads of Don’t tell the boss things he doesn’t made. the FBI and the CIA and the Directors want to hear. Don’t give it to us unvar- I stand today not to say the intel- of National Intelligence, Defense Intel- nished. Style the information; sly the ligence community always gets it right ligence, and the National Security information; amend the information in but to say the intelligence community Agency. Yet those individuals were order to meet what is perceived to be should at least get an honest hearing speaking on behalf of thousands of what the boss wants to hear. Whether and that the information they present other people who are scattered around the boss is this President, a past Presi- is important to this country. It is im- the world, who often risk their lives to dent, or a future President, that is dis- portant to the President, and it is im- gain the information they were sharing astrous. The intelligence community portant to the Congress. The day we

VerDate Sep 11 2014 00:17 Feb 01, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.040 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE January 31, 2019 CONGRESSIONAL RECORD — SENATE S791 start encouraging them to skew the in- more deeply mired into a series of con- asserts—that our troops are inside formation is the day the national secu- flicts in the Middle East, which are not Syria today not just to fight ISIS but rity of this country is at risk. supported—nor will they be sup- to stop Iran from gaining a bigger foot- I yield the floor. ported—by the American people. hold there and, in fact, makes a condi- I suggest the absence of a quorum. First, we should be debating an au- tion of our troops’ withdrawal be a The PRESIDING OFFICER. The thorization of military force for Amer- strategy to continue to press back clerk will call the roll. ican forces in Syria, not an amendment against the Iranians. There is no The bill clerk proceeded to call the that restricts an illegal use of military AUMF for that. roll. force. Let me tell you my real worry. Put- Mr. MURPHY. Mr. President, I ask The President does not have congres- ting a bipartisan stamp of approval unanimous consent that the order for sional authorization to use U.S. troops today on an amendment that suggests the quorum call be rescinded. to fight ISIS in Syria or anywhere else. our troops are inside Syria, in part, to The PRESIDING OFFICER. Without He claims he does because he has taken counter Iran will ultimately empower objection, it is so ordered. the 2001 AUMF and suggested that be- those in the administration who are AMENDMENT NO. 65 cause some elements of al-Qaida even- rooting for actual war with Iran. If Mr. MURPHY. Mr. President, I come tually became elements of ISIS, that Democrats and Republicans say here, to the floor today to express my oppo- authorization continues. There is no today, that our mission inside Syria is sition to the amendment before the one who voted then for that authoriza- ultimately to fight Iran, then doesn’t Senate right now with respect to the tion some 17 years ago who thought that potentially put some imprimatur disposition of American forces in that it would now be used as a means of congressional support for a bigger Syria. to fight a very different terrorist orga- conflagration with Iran that some in First, for my colleagues, let me stip- nization. the administration may be trying to ulate that President Trump’s Syria We should be having a debate about achieve? policy has been an absolute mess. It renewing America’s authorization of Third, this amendment leaves the im- has been a train wreck. It has been a military force so that it is updated for pression that there is an American-led dumpster fire on a daily basis. That is the enemies we are actually fighting, military solution to all of the vexing something Republicans and Democrats instead of conceding that the President problems inside Syria. There is none. can agree on, and I assume that is the has what is now, potentially, unlimited There is none. If we really want to reason we are having this debate right ability to fight anyone, anywhere have a debate about the future of now. around the world, who has any kind of American policy in Syria, then we need There is bipartisan consternation affiliation to a terrorist group named to come to the conclusion that, ulti- over a policy in Syria that seems to 17 years ago. We are not doing that. In- mately, if we want to be a real player change daily. It often changes based stead, through this amendment, in in the long-term disposition of Syria upon who the last person was to walk some way, shape, or form, we are rati- for the betterment of the Syrian peo- into the Oval Office or catch the Presi- fying the President’s extra-constitu- ple, then American diplomats, Amer- dent’s ear. tional use of military force overseas, ican refugee programs, and American green-lighting the continued end- The current policy seems to be that economic development aid are going to around on congressional authorization the President is intent on pulling out be much more dispositive than 2,000 that this President and many other the 2,000 or so troops that are there at American troops. the request of the leader of Turkey. He Presidents would like to continue. Let me give you an example. In Let me also concede that this perver- would love to see the United States Northern Syria, where the Kurds exist sion of the 2001 AUMF was not invented pull out so that he could move his and where American troops are for the by President Trump. It was invented troops in and overrun the Kurdish time being, we have a problem. As I by President Obama. I opposed it then, forces, which have been our partners outlined before, the problem is a rel- as I oppose it now. for several years in trying to root out Second, the language of this bill sug- atively simple one. We have pushed the ISIS and extremist groups from Syria. gests that our mission inside Syria is Kurds to become more and more influ- Let me also stipulate that I was one not just to fight ISIS. The language of ential in the military and governance who did not support sending American this bill suggests that our troops are in matters of that region. That was im- troops into Syria in the first place. I Syria to fight Iran as well. Over and portant for us because the Kurds were have never believed that there is a over again, this amendment is peppered the most likely fighting force to be military solution, led by the United with references to the rationale for our able to oust ISIS, but we knew ahead of States, to the host of problems that existence in Syria being not just to time that this was going to create a ravage that country. But once you fight ISIS but also to counter Iranian problem with the Kurds, who see the have made that commitment, if you influence. YPG—the Kurdish military—as a ter- are going to undo it, you have to do it In fact, the amendment lists a series rorist group. We don’t agree with them, in some orderly fashion. To simply de- of conditions that we believe need to be but we knew ahead of time that the cide on a moment’s notice, without any filled before troops are to be with- Turks would not stand for the long- discussion with our allies or partners, drawn. Among those conditions is a term empowerment of the YPG in that we are moving troops out is the strategy to ‘‘stop Iran from dominating those portions of Syria. wrong way to undo a commitment that the region.’’ That is an interesting de- We have now reached the point at I would argue was wrong in the first bate for us to have: What should be the which the rubber hits the road—at place. role of the United States to stop Iran which Erdogan has said: We are not You have to have a plan in place for from dominating the region? going to stand for that. We are going to the security of those you are leaving I agree with my Republican col- bring our troops in, creating a poten- behind—both the Kurdish forces that leagues that it is not in the security tial flashpoint there. you have pushed to bring the fight to interests of the United States, nor our There is a solution here, and Erdogan ISIS, as well as all of the civilians who allies, for Iran to continue to gain a outlined it in an op-ed he wrote for a could be caught in the crossfire be- bigger foothold in the region, but there major American newspaper. He said: tween an advancing Turkish force and is absolutely no congressional author- Well, listen, we understand the Kurds a defensively oriented Kurdish force. ization for U.S. forces to be in Syria to are going to have to be influential, but This is not why I am on the floor counter Iran or to fight Iran or to try it has to be Kurds we support, not today—to try to, once again, rehash all to be a bulwark against Iranian aggres- Kurds we believe to be affiliated with of the ways that Trump’s policy in sion. No matter what kind of hoops you terrorist groups. That is a really tricky Syria has gone wrong. I want to talk jump through to try to contort the 2001 needle to thread, and I am not sure about why this amendment is not the AUMF to counter ISIS, you cannot get that it ever can be threaded. But the right way for us to proceed as a means it to cover Iran. way you do that is, frankly, not with of correcting Trump’s backward poli- This resolution—I don’t know that it tanks or with American marines but cies and how it could, frankly, get us suggests, but it essentially admits—it with diplomats and with experienced

VerDate Sep 11 2014 00:17 Feb 01, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.041 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE S792 CONGRESSIONAL RECORD — SENATE January 31, 2019 foreign policy hands—people who know our troops are in Syria, they ulti- mothers were the sole or primary how to work out a complicated polit- mately are the answer. If we want to breadwinners for their families in 2015, ical arrangement in which the Kurds have a debate on Syria policy, let’s bringing in at least—at least—half of continue to be able to run that region talk about all the other ways that we their family’s incomes. Black and but the Turks decide to hold back and need to engage in Syria in order to Latina mothers are more likely to be not press forward militarily. That is a bring stability to that place. I do worry the breadwinners than White mothers. diplomatic and political quandary that about how we tie this President’s hands In fact, 70.7 percent of Black mothers cannot be solved by the American mili- or any President’s hands when they and 40.5 percent of Latina mothers tary. want to bring our troops home and get were the primary or sole breadwinners This amendment seems to suggest them out of harm’s way. in 2015, compared with 37.4 percent of that we can solve all of our problems— Trump has completely botched policy White mothers. or many of our problems—if we just in Syria, but that shouldn’t go—even Not all of those women are going to keep 2,000 troops there. Trump’s most ferocious opponents— be the subject of pay discrimination. Fourth, the back end of this amend- from endorsing endless wars. That We know that. But the fact is that ment lays out a series of criteria that shouldn’t require Democrats to be there is likely to be a huge percentage. have to be fulfilled before the troops against everything that he is for. He is If there is $900 million, that is a pretty can be removed. I mentioned one of pulling our troops out in a way that I big percentage. By equalizing the pay them—that there has to be a strategy oppose, but I worry about the long- for men and women—equal pay for to combat Iranian influence. The final term implications of this Congress ask- equal work, which we all talk about of these criteria is that ISIS has to ing for a fight in Syria that is unau- but which in theory and in practice have been substantially defeated in the thorized and then tying the President’s just doesn’t happen—we can raise the region and a certification has to be hands when it comes to getting troops standard of living for families across made to that effect. out of harm’s way in places in far-off this country, and we can raise the Well, let me ask my colleagues this— lands. standard of living for families in a it is a legitimate question, not a rhe- I oppose the amendment and encour- State like Alabama, where it is des- torical one. I don’t know the answer, age my colleagues to do the same. perately needed. and maybe someone can provide it to I yield the floor. These disparities, as I said, can have me. When was the last time this Con- The PRESIDING OFFICER. The Sen- lifelong consequences for the quality of gress tied the Executive hands in that ator from Alabama. life of women and their families. For- way? When was the last time this Con- LILLY LEDBETTER AND PAYCHECK FAIRNESS ACT tunately, there are steps that have al- gress actually laid out the conditions Mr. JONES. Mr. President, I rise to ready been taken. by which the Executive cannot with- talk about the issues of fairness, of Just yesterday, I was proud to join draw troops from a region? That seems equality, and of basic dignity. my colleague Senator MURRAY and a to be a very curious exercise of our for- In the greatest Nation on Earth and host of others—in fact, I think it is al- eign policy oversight responsibility. the leader of the free world, women are most all Democrats in the Senate, all I am someone who has suggested for paid 80 cents for every dollar paid to Democrats in the House, and one Re- a long time that we have largely abdi- men—80 cents for every dollar. That publican in the House—to reintroduce cated that responsibility. I would love disparity is starker yet for women of the Paycheck Fairness Act, a modest, for us to be debating foreign policy and color. Black women are paid 61 cents commonsense solution to the problem exercising our oversight more often, on the dollar. Latina women are paid of pay inequity which persists despite but the idea that we would, as a legis- just 53 cents on the dollar. Alabama, the existence of Federal and State lative body, tell the President that he my home State, has the fourth biggest equal pay laws. cannot withdraw troops from a place gender wage gap of any State in the Introduction of the Paycheck Fair- unless x, y, and z criteria are met country. That is just inexcusable. ness Act also just so happened to fall seems to be dangerous and restrictive Those cents add up to real money, on the day after the 10th anniversary of because there are all sorts of condi- about $10,000 on average for every the signing of the Lilly Ledbetter Fair tions that you can imagine that aren’t woman working a full-time year-round Pay Act. The group who introduced listed in this amendment by which a job. That is a total of about $900 mil- this bill yesterday was joined here in President may feel it is in our best in- lion lost each year for American Washington by Ms. Ledbetter herself. terest to bring troops home. women—every single year, a total of Lilly Ledbetter, from Alabama, is a The Constitution doesn’t vest in this $900 million. That is real money, and great friend of mine and a native Ala- Congress the power to undeclare war. that is increasing. bamian. She was born in Jacksonville, It vests in us the power to declare war. This gap persists regardless of edu- AL, about an hour and a half hour from To me, I worry that by restricting the cation status and across different jobs, where I grew up, just outside of Bir- aperture by which the President can opportunities, and industries. It per- mingham, in Fairfield. She married her make an argument to bring troops sists despite laudable efforts here in husband Charles after graduating from home, we ultimately will end up having Congress over the past 50 years to start high school, and they had two children, them be in harm’s way for longer than chipping away at this problem. Vicky and Phillip. is necessary. Most importantly, these lost wages After almost 20 years working at the Maybe this isn’t unprecedented. impact women’s ability to pay their Goodyear Tire and Rubber plant in Maybe there are other times where we rent or mortgages, to save for their Gadsden, AL, just as she was nearing have done this, but it does seem to be children’s college tuition, or to pay off retirement, Ms. Ledbetter learned she fairly unprecedented for the legislature existing debt. Think about this. This was making thousands of dollars a year to tie the Executive’s hands and tell disparity can have lifelong con- less than the men in her same position. him or her that he has to keep troops sequences for the quality of life of She decided to take some action. She in a place for a certain period of time. women and their families. sued to try to get her backpay and to I wanted to come down to the floor Fortunately, there are steps we can try to end that discrimination. The and express my reservations about this take that have already had tremendous case went all the way to the U.S. Su- amendment. Again, I wish we were hav- support. preme Court. ing a debate on an AUMF. I wish this I want to bring this home a little bit Unfortunately, the Court found that weren’t the way in which we were exer- because we were looking at some sta- her claims were time-barred because cising our constitutional prerogative tistics recently. If you factor in the she hadn’t filed a lawsuit 180 days from on foreign policy. I am deeply wor- fact that women are making so much the day of her first paycheck, 20 years ried—deeply worried—about language less—a total of $900 million; think earlier, even though she was totally in this amendment that empowers about this—this is not just a matter of unaware of the discrimination that ex- those in the administration who are discrimination. It is a matter of eco- isted for that 20-year period. jonesing for a fight with Iran. I do not nomics. According to a 2015 Center for Because of her fight—which, again, believe that however capable and brave American Progress report, 42 percent of she took all the way to the Supreme

VerDate Sep 11 2014 00:43 Feb 01, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.043 S31JAPT1 lotter on DSKBCFDHB2PROD with SENATE January 31, 2019 CONGRESSIONAL RECORD — SENATE S793 Court of the United States—Congress United States every year simply to ad- A publicly elected official—Governor ultimately passed in 2009 the Lilly vocate for equal pay for women who of one of the 50 States—has been de- Ledbetter Fair Pay Act, which restarts are doing the same job as the men. I fending a practice that is morally re- the 180-day clock every time a dis- would prefer to be home, back in Ala- pugnant. The Governor of Virginia has criminatory paycheck is issued. bama, playing with the family and the been defending a practice that is repug- Now, for the 12th time, Congress has grandkids. I don’t need to be here. nant to civilized people across the en- introduced the Paycheck Fairness Act, It really struck me: Why are we tire world. which ensures robust protection doing this every year? What could be Here is just one of the ugly nuggets against sex-based pay discrimination. the possible reason? from Ralph Northam, the Governor of This vital legislation has been intro- Then, this morning, I was doing a Virginia: ‘‘If the mother is in labor . . . duced in every single congressional ses- media call with some folks back in the infant would be delivered, the in- sion since 1997. It is absolutely inexcus- Alabama, and I was asked about this. fant would be kept comfortable, the in- able that versions of this very com- There was a recent editorial in one of fant would be resuscitated (if that’s monsense bill have had to be intro- our media and in our newspapers. As is what the mother and the family de- duced 12 times and that it has yet to it always with all of the comments on- sired) and then a discussion would become law. line, which these days I just refuse to ensue between the physician and the The Paycheck Fairness Act would re- read because they get so crazy, there mother.’’ quire employers to prove that dispari- were so many that talked about the Let’s be very clear about what we are ties in pay are job-related and nec- fact that this is just fake news—that talking about. We are talking about essary and not based on sex. It would women really aren’t treated differently fourth-trimester abortion or what any- make it illegal to retaliate against and that their pay is not below. I one in the normal world calls infan- workers for discussing their wages. couldn’t believe it. Every statistic ticide. That is what we are talking It doesn’t require employers to make shows that. about, and the Governor of Virginia wages public, unlike all of us who work My response to that is, also, this: If has been defending this all day yester- for the government. It doesn’t require that is the case, then no one should be day and again today, going out and try- that. It doesn’t make them public, but afraid of this bill. If every business is ing to equivocate and qualify and then it does make it illegal to retaliate treating their women employees as fair double down and again say he wants to against workers who simply discuss as their men, they shouldn’t worry defend this practice, which is infan- how much money they are making. about this. They should encourage it, ticide. It would amend the Equal Pay Act of because we know there will be some Let’s be clear about what we are 1963 so that wronged workers can par- out there that are not doing it. talking about. We are talking about ticipate in class-action lawsuits chal- So if this is fake news, all the better. killing a baby who has been born. We lenging systemic—systemic—pay dis- Let’s pass this bill. Let’s make sure we are not talking some euphemism. We crimination. It would also prohibit em- have in law the opportunity for women are not talking about a clump of cells. ployers from relying on salary history to get those equal wages. We are talking about a little baby girl in determining future pay so that pay I have a daughter who is getting into who has been born and is on a table in discrimination doesn’t follow women the workforce after getting a Ph.D. She a hospital or a medical facility, and from job to job. Finally, this legisla- deserves the same pay as the Ph.D.s then a decision or a debate would be tion would help businesses to facilitate with similar experience wherever she had about whether you could kill that equal pay practices. ends up in colleges or universities. little baby. We are talking about the Earlier this month, a historic num- I have two granddaughters, Ever and most vulnerable among us, and we have ber of women were sworn in to the Ollie, whom I want to grow up in a a public official in America out there 116th Congress—a historic number. world where they don’t have to worry again and again defending this prac- Women are increasingly the primary about this, where they don’t have to tice. This is infanticide that we are breadwinner or the cobreadwinner in come to Congress in 30 years or 40 talking about. their families. Statistics are showing years—just like Ms. Lily Ledbetter has This should be so far beyond any po- that every year those numbers in- to do each year—to advocate for litical consideration. We are talking crease. They cannot afford to get women and their rights, to make sure about a little baby—a baby with dig- shortchanged. their families are taken care of in the nity, an image bearer. We are talking The Lilly Ledbetter Fair Pay Act of same manner as their male counter- about a tiny life that has done nothing 2009 was an essential step forward in parts’ families. wrong to warrant being left to die cold the fight for equal pay. I am proud, as It is the least we can do for the and alone on a table. we commemorate the 10th anniversary women in our country who work so Everyone in the Senate ought to be of the Lilly Ledbetter Fair Pay Act, to hard, who represent the backbone of able to say unequivocally that killing once again be a cosponsor of the Pay- the American way with their families, that little baby is wrong. This doesn’t check Fairness Act, which will con- who raise their children, who work take any political courage, and if you tinue the fight started by my friend hard and do all of those things we need can’t say that, if there is a Member in Ms. Ledbetter more than 20 years ago to be proud of. It is the least we can do this body who can’t say that, there and provide employees and employers— to simply say: The Congress of the may be lots of work you can do in the employees and employers—with new United States acknowledges you, we world, but you shouldn’t be here. You tools to battle pay gaps and pay dis- appreciate you, and we want to make should get the heck out of any calling crimination. sure you are treated fairly. in public life where you pretend to care Yesterday, Ms. Ledbetter came by to I would urge all of my colleagues— about the most vulnerable among us. visit the office, as she always does. She particularly my colleagues on the There should be no politics here that comes by to see me. We were talking other side of the aisle—to get behind are right versus left or Republican about this. My wife Louise was there, this legislation, and let’s get this versus Democrat. This is the most and we were having a discussion about passed this year so that we don’t have basic thing you could be talking about. how she was doing and how the bill 10 to worry about it again. We are talking about a little baby born years ago affected her and so many I yield the floor. alive, and we have a public official in others, and she made a really inter- The PRESIDING OFFICER. The Sen- America defending the idea: Well, you esting statement. ator from Nebraska. could have a debate about killing her. She said: You know, I really don’t S. 130 That is why today I am starting a want to be here, Senator. Mr. SASSE. Mr. President, this place dual-track legislative process to make Actually, she called me Doug. That is fancies itself the world’s greatest delib- sure this body has a clear-eyed look at what she does, and she should. erative body, but we would be deceiv- the issue before us, has a clear-eyed She said: I don’t want to be here. I ing ourselves if we ignored the biggest look at this atrocity, and to make sure shouldn’t have to be here. I shouldn’t debate that has been happening in the 320 million men and women who have to come up to the Congress of the America over the last 36 hours. are actually our bosses—to be sure

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While in Ohio, she married Thomas Tonight, I am beginning what is On vote No. 13, had I been present, I Maddox to whom she would be married known as the rule XIV process. That is would have voted nay on the motion to for 71 years. Tom, was a journalist with an expedited procedure for floor consid- invoke cloture.∑ the Associated Press, and they lived in eration of my legislation, the Born- f several Midwestern cities before Tom Alive Abortion Survivors Protection received a transfer out West to Helena, Act. HONORING PRIVATE FIRST CLASS MT. They packed up their 1951 Plym- In addition, I want to announce that FLOYD K. LINDSTROM outh station wagon with two young on Monday night, I am going to be sure Mr. BENNET. Mr. President, I wish daughters and two dogs and headed for that every Senator has the opportunity to pay tribute to the bravery and serv- Montana. Like many folks who find to come to the floor and say whom we ice of PFC Floyd K. Lindstrom, a Colo- themselves in Montana, the Maddoxes stand for and what we stand against. rado Springs World War II veteran who fell in love with Big Sky Country. So I want to announce that in addition has earned our Nation’s highest mili- Marilyn is an avid outdoors woman to the rule XIV process that I am going tary decoration, the Medal of Honor. I and loves hunting and fishing. She also to initiate in a moment, I also want also want to recognize the significance worked for the Montana Stockgrowers Senators to be aware that on Monday of February 3, 2019, which marks the Association for many years. Marilyn evening, I am going to be asking unani- 75th anniversary of his death. He was has 2 daughters, 6 grandchildren, 14 mous consent for Senators to come to killed in action at the battle of Anzio. great-grandchildren, 6 great-great- the floor and pass the Born-Alive Abor- It is my pleasure to commend the ef- grandchildren, and a Shihtzu named tion Survivors Protection Act legisla- forts of the VA Eastern Colorado Toby Wong. tion. I am going to ask all 100 Senators Health Care System and Colorado’s I congratulate Marilyn on reaching to come to the floor and be against in- veterans community, which worked to this milestone and thank her for her fanticide. This shouldn’t be com- bring a Medal of Honor for display at many years of service to the people of plicated. the Lindstrom Colorado Springs Com- Montana and the Helena community.∑ f munity-Based Outpatient Clinic. f Much has been said about the battle MEASURE READ THE FIRST RECOGNIZING CARROLL that compelled Lindstrom to act above TIME—S. 311 BRADFORD, INC. and beyond the call of duty where he Mr. SASSE. Mr. President, I under- earned his place in the Hall of Heroes. ∑ Mr. RUBIO. Mr. President, it is my stand there is a bill at the desk, and I According to the citation, Lindstrom privilege to honor a Florida small busi- ask for its first reading. acted with ‘‘conspicuous gallantry and ness that exemplifies what it means to The PRESIDING OFFICER. The intrepidity’’ in defeating a German provide quality service and to give clerk will read the bill by title for the counterattack on a hill near Mignano, back to the community when it mat- first time. Italy, November 11, 1943. When the ters the most. As chairman of the Com- The senior assistant legislative clerk enemy counterattacked, Lindstrom mittee on Small Business and Entre- read as follows: and his platoon were forced to fall back preneurship, each week I recognize a A bill (S. 311) to amend title 18, United to a defensive position. Unable to small business that exemplifies the States Code, to prohibit a health care practi- eradicate the enemy nest from this po- value of hard work and the unique tioner from failing to exercise the proper de- sition, Lindstrom fearlessly picked up American entrepreneurial spirit. This gree of care in the case of a child who sur- week, it is my pleasure to recognize vives an abortion or attempted abortion. his heavy machine gun and ran up the hillside to gain a new position, only 10 Carroll Bradford, Inc., of Orlando, FL, Mr. SASSE. Mr. President, I now ask as the Senate Small Business of the for a second reading and in order to yards away from the enemy machine- gun; yet again, Lindstrom was unable Week. place the bill on the calendar under the Carroll Bradford, Inc., is a full-serv- provisions of rule XIV, I object to my to reach the gunners who were hiding behind a large rock. Lindstrom charged ice construction and landscaping com- own request. pany that was founded in 2010 by Ste- The PRESIDING OFFICER. Objec- uphill once more facing a steady stream of fire and killed both gunners phen Barnett and Jon Menke, who were tion is heard. both born and raised in central Florida. The bill will be read for the second with his pistol. In this moment, Stephen and Jon are related by mar- time on the next legislative day. Lindstrom embodied the true spirit of riage and were driven to follow in the Mr. SASSE. Thank you. I look for- self-sacrifice. footsteps of their grandfathers, who ward to the debate in this body on Every day, men and women in uni- were both successful small business Monday evening. form like Lindstrom heroically serve The PRESIDING OFFICER. The ma- on the front lines of our Nation’s de- owners in the 1940s. The company’s jority leader. fense. I stand with Coloradans today to name combines the names of each co- honor his sacrifice and his memory. founder’s grandfather: Stephen’s grand- f father, Carroll Barco, and Jon’s grand- f MORNING BUSINESS father, G.L. Bradford. ADDITIONAL STATEMENTS Mr. MCCONNELL. Mr. President, I Carroll Bradford started in the Bald- ask unanimous consent that the Sen- win Park community in Orlando and now has expanded to Jacksonville. ate be in a period of morning business, TRIBUTE TO MARILYN MADDOX with Senators permitted to speak Through hard work and dedication, therein for up to 10 minutes each. ∑ Mr. DAINES. Mr. President, this Stephen and Jon built a reputation of The PRESIDING OFFICER. Without week I have the honor of recognizing providing quality construction and objection, it is so ordered. Marilyn Maddox of Lewis and Clark landscaping services, being honest with (At the request of Mr. SCHUMER, the County. This week marks Marilyn’s their customers, and giving back to the following statement was ordered to be 100th birthday. She is being honored community. printed in the RECORD.) this week at the Montana State cap- In its first 8 years, Carroll Bradford f itol, not only for her birthday, but also has grown exponentially, leading the for 80 years of service with the Mon- company to create an app to respond to VOTE EXPLANATION tana Federation of Republican Women. the expanding base of customers. A tes- ∑ Mr. DURBIN. Mr. President, today I Marilyn was born in Chicago on Jan- tament to this growth is the company’s made the decision to return to Illinois uary 31, 1919, and grew up in Ohio. She partnership with the Orlando Magic

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