S6748 CONGRESSIONAL RECORD — SENATE October 10, 2018 The PRESIDING OFFICER. The joint Senate the pending cloture motion, EXECUTIVE CALENDAR resolution having been read the third which the clerk will state. The PRESIDING OFFICER. The time, the question is, Shall the joint The senior assistant legislative clerk clerk will report the nomination. resolution pass? read as follows: The senior assistant legislative clerk Mr. LEE. Madam President, I ask for CLOTURE MOTION read the nomination of Jeffrey Bossert the yeas and nays. We, the undersigned Senators, in accord- Clark, of Virginia, to be an Assistant The PRESIDING OFFICER. Is there a ance with the provisions of rule XXII of the Attorney General. sufficient second? Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The Sen- There appears to be a sufficient sec- move to bring to a close debate on the nomi- ator from Massachusetts. ond. nation of Jeffrey Bossert Clark, of Virginia, Mr. MARKEY. Mr. President, I seek The clerk will call the roll. to be an Assistant Attorney General. The senior assistant legislative clerk Mitch McConnell, James Lankford, John recognition to speak at this time. proceeded to call the roll. Hoeven, James M. Inhofe, Johnny Isak- The PRESIDING OFFICER. The Sen- The result was announced—yeas 50, son, David Perdue, John Cornyn, Steve ator from Massachusetts. nays 50, as follows: Daines, John Barrasso, Mike Rounds, S. 3021 Thom Tillis, Lamar Alexander, James [Rollcall Vote No. 226 Leg.] Mr. MARKEY. Mr. President, I rise E. Risch, Jeff Flake, Richard Burr, Roy to convey my strong support for the YEAS—50 Blunt, Deb Fischer. Baldwin Harris Nelson America’s Water Infrastructure Act, Bennet Hassan Peters The PRESIDING OFFICER. By unan- which passed Congress earlier today. Blumenthal Heinrich Reed imous consent, the mandatory quorum With communities throughout Mas- Booker Heitkamp Sanders call has been waived. sachusetts and the country working to Brown Hirono Schatz Cantwell Jones The question is, Is it the sense of the improve the quality of their drinking Schumer Senate that Jeffrey Bossert Clark, of Cardin Kaine Shaheen water, bracing for rising seas and more Carper King Smith Virginia, to be an Assistant Attorney intense storms, and seeking to be more Casey Klobuchar Stabenow General shall be brought to a close? Collins Leahy competitive in the global economy, Tester Coons Manchin The yeas and nays are mandatory this legislative package will provide Udall Cortez Masto Markey under the rule. Van Hollen welcome relief and support for critical Donnelly McCaskill The clerk will call the roll. Duckworth Menendez Warner infrastructure. Durbin Merkley Warren The senior assistant legislative clerk I have long focused on providing re- Feinstein Murphy Whitehouse called the roll. sources needed to improve the mari- Gillibrand Murray Wyden Mr. DURBIN. I announce that the time linchpin of my State’s economy: NAYS—50 Senator from North Dakota (Ms. Boston Harbor. But this economic en- Alexander Gardner Paul HEITKAMP), the Senator from Florida gine needs direct Federal funding to Barrasso Graham Perdue (Mr. NELSON), and the Senator from Or- fire on all cylinders, especially as we Blunt Grassley Portman egon (Mr. WYDEN) are necessarily ab- transition to a new, supersized ship- Boozman Hatch Risch sent. Burr Heller Roberts ping era. Capito Hoeven Rounds The PRESIDING OFFICER. Are there Two years ago, the Panama Canal Cassidy Hyde-Smith Rubio any other Senators in the Chamber de- completed an expansion project that Corker Inhofe Sasse Cornyn Isakson siring to vote? allows bigger vessels, called post- Scott Cotton Johnson The yeas and nays resulted—yeas 53, Panamax ships, to pass through the Shelby Crapo Kennedy Sullivan nays 44, as follows: canal. These ships, which are the Cruz Kyl length of aircraft carriers and can Daines Lankford Thune [Rollcall Vote No. 227 Ex.] Enzi Lee Tillis YEAS—53 carry more than three times as much Ernst McConnell Toomey cargo as their competitors, are too Alexander Gardner Murkowski Fischer Moran Wicker large to dock at Boston Harbor today. Flake Murkowski Young Barrasso Graham Paul Blunt Grassley Perdue That is why, in the 2014 Federal water The resolution (S.J. Res. 63) was re- Boozman Hatch Portman resources bill, I fought to authorize jected. Burr Heller Risch $216 million in Federal funding for the The PRESIDING OFFICER. The ma- Capito Hoeven Roberts Cassidy Hyde-Smith Boston Harbor improvement project, jority whip. Rounds Collins Inhofe Rubio which will deepen the harbor to accom- Corker Isakson f Sasse modate those post-Panamax ships. I Cornyn Johnson Scott ORDER OF PROCEDURE Cotton Kennedy am pleased that my provision dedi- Shelby Crapo Kyl cating an additional $16 million to this Mr. CORNYN. Madam President, I Sullivan Cruz Lankford crucial project was included in the 2016 ask unanimous consent that notwith- Daines Thune Lee water resources bill. standing rule XXII, the cloture vote Enzi Manchin Tillis Toomey The Boston Harbor improvement with respect to the Clark nomination Ernst McCaskill Fischer McConnell Wicker project is projected to double the har- occur at 2:15 p.m. today. Flake Moran Young bor’s container volume, protect and The PRESIDING OFFICER. Without grow 7,000 jobs, and generate $4.6 bil- objection, it is so ordered. NAYS—44 Baldwin Gillibrand Peters lion in economic activity throughout f Bennet Harris Reed the New England region. It is a simple RECESS Blumenthal Hassan Sanders formula: Larger ships mean more Booker Heinrich Schatz cargo, more cargo means more com- Mr. CORNYN. Madam President, I Brown Hirono Schumer ask unanimous consent that the Sen- Cantwell Jones Shaheen merce, and more commerce means ate stand in recess as if under the pre- Cardin Kaine Smith more jobs for Boston and the State of Carper King Stabenow Massachusetts. vious order. Casey Klobuchar Tester Coons Leahy I am pleased that the Corps has to The PRESIDING OFFICER. Under Udall Cortez Masto Markey date allocated $91 million of funding to the previous order, the Senate stands Van Hollen Donnelly Menendez this critical project thus far, but deep- in recess until 2:15 p.m. Duckworth Merkley Warner Thereupon, the Senate, at 12:27 p.m., Durbin Murphy Warren ening the harbor alone does not ensure recessed until 2:15 p.m., and was reas- Feinstein Murray Whitehouse that the Port of Boston can accommo- date these new, gargantuan giants of sembled when called to order by the NOT VOTING—3 OTTON the seas. We must also deepen the Presiding Officer (Mr. C ). Heitkamp Nelson Wyden f berths, the area where the ships dock. The motion is agreed to. That is why I am proud to secure a pro- CLOTURE MOTION The PRESIDING OFFICER. On this vision in this bill that will allow the The PRESIDING OFFICER. Pursuant vote the yeas are 53, the nays are 44. port to construct more expansive to rule XXII, the Chair lays before the The motion is agreed to. berths, and I am pleased to help secure

VerDate Sep 11 2014 02:51 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.015 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6749 a $42 million Federal grant to expand when FERC deadlocks, as they can for The PRESIDING OFFICER. Without these berths. every other FERC decision. In sports, a objection, it is so ordered. By no means is Boston Harbor the tie isn’t a loss, and the Fair RATES S.J. RES. 63 only coastal gem in Massachusetts. In Act will ensure that a tie at FERC Ms. MURKOWSKI. Mr. President, 2020, we will be celebrating the 400th won’t mean consumers lose with higher just a little bit ago, a few hours ago, anniversary of the voyage of the electricity rates. We must ensure that we had a matter before the Senate re- Mayflower and the settlement at Plym- ratepayers are protected from unjust lating to S.J. Res. 63. This was a reso- outh, but the celebration won’t be com- and unreasonable increases in energy lution of disapproval, which would plete if the ships can’t get into and out prices. The legislation will help return have worked to disapprove of the rule of Plymouth Harbor. Regrettably, the power to the people when it comes that was issued jointly by the Treas- Plymouth Harbor has filled up with so to energy prices by providing an outlet ury, Labor, and Health and Human much sand that ships are having trou- for consumers to challenge rate in- Services regarding these short-term, ble navigating—including the center- creases. limited duration insurance plans. piece of the celebration, the newly re- I thank Senators MURKOWSKI and I had hoped, actually, to have an op- stored Mayflower II. That is why I se- CANTWELL for working with me to portunity to speak to this prior to the cured a provision in this bill requiring move this legislation forward, and I vote but was not able to. I want to take the Corps to dredge this important thank my great partner in the House of just a couple of minutes this afternoon landmark for the 400th anniversary. Representatives, Congressman KEN- to weigh in on this issue from an Alas- Just a few months ago, I helped secure NEDY, for his tireless work to address kan perspective. I think there have $14.5 million needed to ensure that this this issue and to protect consumers. been some suggestions that with this hallmark of American history is swift- I am pleased that this legislation rule in place, those of us who care ly deepened. contains several other key provisions about protecting those with pre- With this statutory requirement and that increase the funding caps for three existing conditions, somehow or an- funding, Plymouth Harbor will be able coastal protection programs, allowing other, are taking these protections to host a great birthday party in 2020— the towns of Salisbury, Newbury, and away. one that Americans from all corners of Sandwich to implement larger beach- I have weighed this carefully. In fair- the country and people from around nourishment projects—pumping sand ness, I think some of the arguments the world are going to attend. But onto the beach—to protect their com- that have been made are, perhaps, not those Bay Staters living on Cape Cod munities; reevaluate the Muddy River quite as clear cut as would be sug- will most likely experience a little environmental restoration project to gested and, perhaps, certainly, in a traffic on the way to the event because pave the way for reauthorizing this State like mine, where we still have Cape Cod is only accessible by two crucial project; permit the town of the highest healthcare costs in the bridges, which span the Cape Cod Sandwich to use sand pumped from the country and some of the highest costs Canal. If Cape Cod is the arm of Massa- Federal Cape Cod Canal that otherwise for coverage in the country. chusetts, then these two bridges are would be dumped in the ocean to for- I think Members here in the Senate the vital arteries delivering the is- tify their town from rising seas; ensure know full well that while I have op- land’s lifeblood. The strength of those that the Corps takes on all the costs to posed many aspects of the Affordable two bridges will determine the repair the town of Sandwich’s beaches, Care Act, I have supported and have strength of the island’s economy and which experience severe erosion due to strongly supported certain parts of it health and well-being. the jetties at the mouth of Cape Cod as well. Again, one of those things that Regrettably, these two 80-year-old Canal; and require the EPA to appoint I feel very strongly about is the need to bridges, which are owned by the Army liaisons to minority, Tribal, and low- ensure that we protect those who have Corps, are structurally deficient. That income communities so these disen- preexisting conditions. That is a debate is a problem for businesses that need franchised groups can have better ac- that, I think, is ongoing in other places an uninterrupted flow of commerce and cess to the resources and tools provided as well. Yet I want to make clear that, residents who must have a safe means by the Federal Government to improve certainly, my vote this morning is in of evacuation in the event of an emer- the quality of our Nation’s drinking no way meant to erode or undermine gency. Imagine if there were an acci- water. where I am coming from when it comes dent at the Pilgrim Nuclear Power Sta- From fortifying our communities, to to preexisting conditions. tion or the equivalent of a Hurricane dealing with the present-day impacts Back to the situation that we face in Maria. These two bridges are the only of climate change, to eradicating the Alaska, as I mentioned, we are the way for many Cape Cod residents to es- environmental contaminants of the highest in terms of the cost of care and cape to safety. 20th century from our water infrastruc- the highest in terms of the cost of cov- I am proud that this bill includes my ture, this legislation package will pro- erage, and we are still one of those provision directing the Corps to replace vide the funding and direction needed States that has but one insurer on the these critical evacuation routes, help- to help modernize the Commonwealth’s exchange in Alaska. So our options are, ing preserve the very safety of island water infrastructure. really, pretty limited. As I am speak- residents. In a time of emergency, Mas- I thank Chairman BARRASSO and ing to individuals about what they are sachusetts residents shouldn’t have to Ranking Member CARPER for working hoping for when it comes to coverage, think twice about the best way to get with me on this important legislation. they are looking for additional options, their families to safety. I was proud to vote in favor of Amer- but they are looking for affordable op- The bill also includes legislation that ica’s Water Infrastructure Act today. tions as well. I have authored to help protect con- It is something that I think is going to It is true—it is absolutely true—that sumers from unjust and unreasonable work very successfully for the State of these short-term plans do not offer as increases in their electricity rates. Massachusetts. It is something that, in much or, certainly, may not offer as Right now, if the Federal Energy Regu- my opinion, is the quintessential exam- much in the way of coverage as those latory Commission has a vacancy—as ple of how bipartisanship should, in plans that are offered on the individual is currently the case—and deadlocks 2 fact, animate the legislative process in exchanges. I understand that, but I to 2 on whether to improve a rate in- this body. have had to come down on this issue on crease, the increase goes forward. To With that, I yield the floor. the side of more choice for consumers make matters worse, the public can’t I suggest the absence of a quorum. and more options being a good thing even challenge a decision in this cir- The PRESIDING OFFICER. The for consumers. cumstance. That is exactly what hap- clerk will call the roll. In Alaska, our population, as one pened in New England in 2014, leading The assistant bill clerk proceeded to knows, is relatively small. We have to a $2 billion increase for our region’s call the roll. about 720,000 people in the whole State, consumers. Ms. MURKOWSKI. Mr. President, I but we are talking about 18,000 people, My legislation would fix that by al- ask unanimous consent that the order give or take, who are enrolled on the lowing the public to bring a challenge for the quorum call be rescinded. individual exchanges each year. The

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.021 S10OCPT1 S6750 CONGRESSIONAL RECORD — SENATE October 10, 2018 universe here is 18,000 people when we natives. So perhaps these short-term heard are that people have bought are talking about the exchanges. In the plans could be a viable option. For the these less expensive plans, these short- year 2016, which was the most recent 10,000-some-odd people who are cur- er term plans, and then, when they year about which the IRS can give us rently using a sharing ministry, again, need them the most, they realize the information, there were about 15,000 these types of plans could be an alter- coverage doesn’t take care of them. people who chose to pay the individual native. For the people who may choose That is also not a place we want any- mandate penalty rather than to buy to drop off the individual exchanges one to be. Making sure that there is a the insurance. Think about what that next year, these plans could be a path level of transparency, that there is a means. They are weighing this, and forward for some having some level of level of disclosure that is real and not they are saying: I would rather pay a coverage. just the tiny boilerplate that nobody fine, pay that penalty. It is not that I Again, I am not saying that this is can understand—it has to be, again, don’t want the insurance, but I cannot perfect, and I am not saying that this transparent in that way. afford it. is ideal. I am saying it offers a limited I think this is one of those areas So you had 18,000 people on the indi- option in a place in which we have very where trusting in our laboratories of vidual exchanges, and 15,000 people few affordable options to turn to. democracy, which are our States, to chose to pay the individual mandate Another reason these shorter term tailor plans that fit a State well should penalty rather than buy the insurance. plans are helpful for us and why I have not be an action that we here in the That is because, if an Alaskan does not heard from so many Alaskans on this is Senate are so unwilling to take. get the subsidy—and a pretty heavy that we are a State in which our em- As we look to how we do more in this subsidy—the exchange plans just aren’t ployment base is very, very seasonal. Congress and how we do more to help affordable. Even though you want to You have a construction industry, those for whom healthcare—the cost of have that coverage—you want that in- but it is not like it is back here. Con- healthcare and access to healthcare—is surance—wanting it doesn’t necessarily struction is, maybe, 6 months out of still their No. 1 issue, still the No. 1 get it to you if you cannot afford it. the year—longer in some parts of the subject of discussion, I have come to The average premium for plan year State and shorter in other parts of the speak on this particular issue today be- 2018—this is according to CMS data—is State. Yet you have a seasonal job. cause there are maybe 25,000 people in $804 per month. What am I getting Our fishing industry is a great exam- my State who could see some benefit from constituents, from folks who are ple. If you are working in the proc- from these types of plans being avail- writing in to me and calling me? They essing end of fishing, it may be 3 able and also because I believe that are telling me what they are paying for months. If you are working as a trusting the regulators, certainly in 1 my State, to handle the plans intel- their plans. For a family of four, the crabber, it may be 2 ⁄2 months. If you premium was over $2,000 a month, with are working on a tender up in Bristol ligently is an important part of how we a $7,500 deductible. Think about what Bay, it may be a very truncated 2 move forward as well. I wanted to put that on the record that actually means for this family, for months. today following the discussion from folks with those kinds of bills, who, ba- Then we have the tourist season. earlier this morning and the vote at sically, only have catastrophic cov- Again, we would like to think that we noon. erage, as it is. Again, you think about can entice you all to come up year the number of folks on the individual round, but quite honestly, it too is CONFIRMATION OF BRETT KAVANAUGH exchanges, and you think about those very, very seasonal. So we need to have Mr. President, I want to transition really quickly and just take a minute who choose not to pay the fines. You some level of flexibility for those because last week, as we all know, was look at the numbers of those who re- many, many Alaskans who move be- a very difficult time in the Senate as ceive the subsidies in the State of Alas- tween many of these seasonal employ- we processed the nomination of Judge ka, which is quite considerable. ment opportunities. We also have about 10,000 or so Alas- Under the prior rule, a short-term in- Kavanaugh to serve on the U.S. Su- kans—this is according to the State di- surance plan could only last for 3 preme Court. That vote has concluded. Judge vision of insurance—who have enrolled months. That is not going to help out, Kavanaugh is now Justice Kavanaugh, in healthcare sharing ministries. This say, those in the fishing or in the tour- and I truly wish him all the best as he is yet another option for people out ism industry or, again, in so many of begins his new term on the highest there. A significant number has turned these areas in which you need longer Court in the land. But there is a res- term coverage but you don’t need a full to these healthcare sharing ministries, idue—I don’t know if it is a residue. I year. So flexibility is something that and these folks have managed to avoid don’t know how we make sure we are people have been asking for as well. the penalty in prior years. In fairness, able to move forward after difficult Where that sweet spot is, I am not some of the ministry plans do not pro- votes that divide us all and work to sure. I am telling you that, for us, 3 vide much in the way of coverage, but come back together. it is an indicator of what people feel months doesn’t make it. Maybe 3 years I am going to speak very directly they have to do in the face of just very, is too long. Maybe we do need to look about my friend who sits right here very high-cost plans. at that. I happen to think that we do, next to me on the Senate floor. She I understand where those who oppose but that is an area that is open for re- and I went through, probably, a similar this rule are coming from, and I have view. deliberative process. It was probably had good, long conversations about The last point I would make is that I the same as everybody else here on the this. I guess I would ask that they turn think we have to have some trust in floor, but we perhaps shared more dis- to the realities that we are facing in a both our States as regulators and in in- cussion about it than I did with other State like Alaska and just appreciate dividuals, the consumers. The rule that colleagues. At the end of the day, we where people are coming from when we were speaking about this morning came down on different sides, but both you think about the 15,000 Alaskans really does allow States to have a great of us—both of us—agonized over the de- who have chosen not to buy insurance deal of leeway in regulating at the cision and the process. over these past few years because it local level. We are seeing that among She is now enduring an active cam- has been too expensive, but they want many of the States. I had a long con- paign against her. It is not just an ac- to have something they can afford. versation with our director of insur- tive campaign against her, but there These short-term plans, while not ance up in the State of Alaska. We are protests at her home every week- ideal—I am not suggesting that they talked about where our State might end, and she cannot travel without a are—are an option for them to con- take this and looked again at, perhaps, police escort. sider. the length of these short-term, limited I made comments as I prepared for What about the people who don’t get duration plans and how they might be the final vote last week. I said: We are subsidies and are paying over $50,000 regulated. better than this. We have to set the ex- per year before their insurance covers Also, there is the transparency side ample here. anything? That too is a situation in of this, and this is something that con- I am really touched that after I had which they are looking for alter- cerns me. Some of the things we have taken a hard vote within my caucus,

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.022 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6751 there are some who are notably angry Just during these last few days, the flood control, navigation, and eco- at me. But we are working together on United Nations put out an alert to all system restoration projects around the the next issue of the day, and we are of the members around the world. We country. These are critical projects in moving forward. We need to set that are going to pay dearly for this current every State. example in this body because if we administration’s decision to remove I just went down a few weeks ago don’t set it here, I don’t know how we ourselves from the Paris Agreement, with Senator MCCONNELL to the Ohio can expect anyone on the outside to where literally every country on Earth River. The Olmsted Locks and Dam follow us. agreed to try to do something to clean that has been under construction for There is a need for civility. It is a up the mess of our environment and decades is finally completed. It is an hard time for us, but I would urge us leave our children a better place to amazing investment. It is the most ex- all to choose our words carefully. Don’t live. We decided, under President pensive civil infrastructure project in be afraid to speak with kindness to- Trump, to be the only Nation to step our Nation’s history, and it is an indi- ward one another. Don’t be afraid to away from it. Why? What in the world cation of the kind of investment that is call out the good in somebody else, were we thinking? Can you believe that necessary if we are going to try to even though you have voted against things that are happening that are eas- tame rivers like the Ohio River. them. We are better than what we are ily documented can be ignored? Do you There are critical projects like that seeing right now. see the flooding that is going on now in in every State. They improve our in- I am smiling only because I feel I Florida on a regular basis? That is just land waterways to help deliver $600 should recommend that my colleagues 1 of 1,000 different examples. million in goods and 60 percent of our watch a movie, a documentary. I don’t If we don’t accept responsibility in grain imports each year. do that often, but after the vote on our generation to make this a better If we want the United States to lit- Saturday, I just, by chance, picked up world, shame on us. We want to leave erally lead the world—if we want a DVD that had been sent to me. It is our kids a better world, but for good- America first—for goodness’ sake, we a documentary about the life and ca- ness’ sake, do we have the political need to be first in investing in our in- reer of Fred Rogers—Mister Rogers— courage to do it? Will we be able to say frastructure. These projects maintain ‘‘Won’t You Be My Neighbor?’’ I fig- to the President: You are just wrong. levees and build reservoirs that protect ured I needed something kind of We have to work together with na- millions of people and an estimated $1.3 calming for the night. tions around the world. The United trillion in property, and they protect It is OK to be good to one another. It States should be a leader, not an apolo- the environment, they restore wet- is OK to accept people for who they gist. The President said he wants to lands, and they prevent the spread of are. It is OK to just find the good. make America first. How about Amer- invasive species. With that, Mr. President, I thank you ica first when it comes to cleaning up I am especially proud that this bill for allowing me to speak a little bit the environment? There is nothing includes an important cost share from the heart. I would ask us to be wrong with that leadership. It is some- change for the future operations and civil with one another now, not civil thing we should be proud of. maintenance costs at the Brandon when the next election comes. This man, Jeffrey Clark, who is as- Road Lock and Dam in my State of Il- I yield the floor. piring to be the Assistant Attorney linois. I worked with Senator TAMMY I suggest the absence of a quorum. General, just doesn’t buy into what I The PRESIDING OFFICER (Mr. DUCKWORTH on this project. just said, and I can’t support him as a The Brandon Road project is integral TOOMEY). The clerk will call the roll. The bill clerk proceeded to call the result. to ensuring that invasive Asian carp roll. S. 3021 never spread to the Great Lakes. Mr. DURBIN. Mr. President, I ask Mr. President, the 2018 WRDA bill— Knock on wood. We have held up that unanimous consent that the order for the Water Resources Development carp from going into the Great Lakes the quorum call be rescinded. Act—that we are considering on the and, in doing so, we have preserved an The PRESIDING OFFICER. Without floor this week is an important step in important part of the fisheries and the objection, it is so ordered. modernizing our Nation’s water infra- lake itself. I want to continue those ef- Mr. DURBIN. Mr. President, I will structure and ensuring access to clean forts, if not redouble them. oppose the pending nomination of Jef- drinking water. It goes back to my ear- While I am proud to support passage frey Clark to be the Assistant Attorney lier comment. If we are talking about of this authorizing bill, I also implore General in charge of the Justice De- the environment, one of the first my colleagues to remember that unless partment’s Environment and Natural things people say is, I want safe drink- we are willing to work together—Re- Resources Division. This is the division ing water for myself and my family. publicans and Democrats—to provide that leads the Department of Justice’s Next to that, I want to be able to these authorized projects with con- enforcement of environmental laws and breathe in air that is not going to sistent and increased appropriations regulations. Mr. Clark is not the right make me sick or hurt any member of each year, then we are sending out person for that job. my family. press releases and not even getting the In 2014, he said the science of climate Our Nation’s infrastructure is aging job half done. change is ‘‘contestable.’’ He rep- and in need of significant investment. Let me say it another way: It is not resented British Petroleum in litiga- Last year, the American Society of enough to go home and take credit for tion over the Deepwater Horizon explo- Civil Engineers gave our Nation’s lev- passing the WRDA bill, which is an au- sion and oil spill. He has represented ees, inland waterways, and drinking thorization bill, if you aren’t also will- the Chamber of Commerce and other water infrastructure a D rating in ing to pass an appropriations bill that industry groups in challenging EPA terms of its infrastructure report card. actually provides the money to break greenhouse gas regulations. They estimate that $80 billion is need- ground on these projects. An authoriza- He is a favorite of the Federalist So- ed over the next decade to improve our tion bill is just that: It gives you per- ciety, having chaired that group’s envi- Nation’s levees—$80 billion. They also mission to do a project, but then you ronmental law and practice group. But estimate that $4.9 billion is needed over need to go to the spending bill—the ap- his nomination is strongly opposed by the next 2 years to maintain our inland propriations bill—to come up with the groups that care about protecting the waterways—$4.9 billion—and $1 trillion money to actually achieve it. environment. is needed over the next 25 years to ex- Listen to this number. I want to The Sierra Club called him an ‘‘out- pand our drinking water infrastruc- make this part of the record as we de- spoken opponent of environmental and ture. These are massive numbers, and bate water resources and infrastruc- public health protection.’’ The Natural they are going to require sustained and ture. An analysis by the Roll Call Resources Defense Council described significant Federal investment if we newspaper from earlier this year found him as an ‘‘enemy of the environ- are ever going to reach these goals. that while Congress has authorized ment.’’ He is exactly the wrong person This bill—the WRDA bill—is a step in more than $25 billion toward Army to be in this job of enforcing regula- the right direction. It authorizes $6.1 Corps projects in the last decade—$25 tions to protect our environment. billion in funding for the Army Corps billion in the last decade—Congress has

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.023 S10OCPT1 S6752 CONGRESSIONAL RECORD — SENATE October 10, 2018 only appropriated $689 million. So $25 State of Maryland—a conservative put his principles over practical poli- billion authorized, $689 million appro- Democratic Senator. His grandfather tics. It may have cost him an election, priated. What percentage of money was one of our first Ambassadors to the but he did what he thought was right. have we actually come up with to fin- Soviet Union. His paternal grandfather I can tell you that we are all proud of ish these projects? We have come up married Marjorie Merriweather Post, his service to the people of Maryland with only $689 million out of $25 bil- who built Mar-a-Lago, which most of and our Nation. lion—2.7 percent. us know is in Palm Beach. He came Mr. President, we will miss this man, We send out all of these press re- from a family of great privilege. Yet he who was determined to help bend the leases congratulating ourselves about was known in Maryland as a person of arc of the moral universe toward jus- projects that are never going to hap- the people, representing the people of tice as fast as possible. pen. We send out the releases and say: our State. Joe Tydings was born as Joseph Da- This is going to be great for future gen- His first elected office was president vies Cheesborough in Asheville, NC, on erations. We are not doing it. We are of the Young Democrats of Maryland. May 4, 1928, to Eleanor Davies of Wa- not investing in America. From there, he became a member of tertown, WI, and Tom Cheesborough of Slow and inconsistent Federal fund- the Maryland House of Delegates, Asheville. Tydings’ sister, Eleanor ing for these projects results in years where he fought the establishment, Cheesborough, was born in 1932. In 1935, of added delay and millions in added took on the network in Annapolis, and his parents divorced, and his mother costs. Instead of funding new projects, investigated the savings and loan situ- married Millard Tydings, who was then we have to spend more on ongoing ation in our State. He really shined a serving his second of four terms as one projects because Congress just doesn’t lot of light on what was happening in of Maryland’s U.S. Senators. Several get its act together—Democrats and abuses in that industry. years later, Millard Tydings formally Republicans. He was chosen by then-Senator Ken- adopted Joe and his sister, Eleanor. I am proud of the work of the Appro- nedy to head up his campaign for Presi- Joe Tydings’ illustrious family in- priations Committee on which I have dent. Joe Tydings handled his cam- cluded his namesake grandfather, Jo- been honored to serve. Both sides of paign in Maryland for President and seph Davies, an early adviser to Wood- the aisle do work to get their job done helped in other primaries around the row Wilson, who later was appointed by in record time and ensure the Corps Nation, leading to President Kennedy’s President Franklin D. Roosevelt as has stable funding for the next fiscal election as President of the United America’s second Ambassador to the year, but this year’s appropriations States. Soviet Union. While Joe was still a President Kennedy asked him to process should not be unusual. boy, his maternal grandfather married Unless we as a Congress commit serve as the U.S. attorney for Mary- one of the richest women in America, every year to getting our budget work land, and Senator Tydings served as Marjorie Merriweather Post, who the U.S. attorney. He was known for done and appropriating these Federal owned homes in New York City and his independence at the U.S. Attor- dollars, we will never get ahead on in- Long Island, the Hillwood Estate here ney’s Office. He pursued white collar vesting in our infrastructure. Our com- in Washington, DC, the Topridge Great crime and political corruption. He in- petitors like China and others around Camp in the Adirondacks, and built dicted and convicted a former Member the world are making massive invest- Mar-a-Lago in Palm Beach. Joe sailed of the House of Representatives, as ments in infrastructure not just in home from Europe aboard the Sea well as the speaker of the Maryland their own country but in other coun- Cloud, Post’s luxurious 322-foot, four- House of Delegates. He recruited young tries that are teaming up with them, masted barque, the largest privately talent to his office in the U.S. Attor- with an economic vision for the future. owned sea-going yacht in the world at ney’s Office, including Ben Civiletti, What is our goal? What are we trying the time. who went on to become the Attorney to achieve right here in the United Joe Tydings attended public schools General of the United States, and Ste- States, and how are we working to in Aberdeen, MD, before entering the phen Sachs, who continued to become build our economy and create good- McDonough School in Baltimore Coun- the attorney general for the State of paying jobs for the future? ty as a military cadet in 1938. After he Maryland. graduated, he enlisted in the U.S. Our Nation’s water infrastructure is In 1964 he ran and was elected to the Army in 1946 and served in one of the in need of significant investment. The U.S. Senate. He worked on progressive Army’s last horse platoons as part of good bill we are considering today is causes, including the Voting Rights the postwar occupation of Germany. just a step in the right direction, but Act, which he helped to get enacted an authorization bill without appro- under President Johnson, and also gun When he returned to the United States priation is just an empty press release. safety legislation. in 1948, he entered the University of I hope we can work together to en- After leaving the Senate after one Maryland, where he played lacrosse sure funding gets appropriated each term, he continued to be extremely ac- and football and was student body year to actually complete these impor- tive in our community. He was best president and then earned his law de- tant projects. known, I believe, for his work at the gree at the University of Maryland I yield the floor. University of Maryland. He served Law School in 1953. I suggest the absence of a quorum. three terms on the board of regents of Joe Tydings was surrounded by tre- The PRESIDING OFFICER. The the University of Maryland system, mendous wealth and prestige and polit- clerk will call the roll. giving back to the school where he ical power while he was growing up. The bill clerk proceeded to call the graduated from both undergraduate The obituary that appeared in the Bal- roll. and law school, and he was known as timore Sun notes that, despite the fact Mr. CARDIN. Mr. President, I ask one of the most aggressive people in that Joe was born into a life of privi- unanimous consent that the order for the reform of our University of Mary- lege, he was a frugal person and quotes the quorum call be rescinded. land System and also in the independ- his daughter, Mary Tydings, as saying, The PRESIDING OFFICER (Mr. ence of the university hospital. ‘‘He was a man of the people despite GARDNER). Without objection, it is so On a personal note, let me tell you how he grew up.’’ His adoptive father ordered. that he helped with my election to the was also a Democrat but opposed some REMEMBERING JOSEPH D. TYDINGS U.S. Senate 12 years ago and gave me a of the New Deal legislation because he Mr. CARDIN. Mr. President, I regret great deal of support and friendship was a fiscal conservative. Joe, on the to inform our colleagues of the death of and was an adviser and role model for other hand, was a progressive from the Joe Tydings, who died on Monday, suc- me. I remember his being here when I get-go and attributed his Wisconsin- cumbing to cancer at the age of 90. took the oath of office as a Senator, born mother as the influence, but it is Senator Tydings was one of the most walking me down the aisle. I had a clear that his father, who was known outspoken progressive Democrats in great deal of pride that he was with for taking principled, if often con- this body. me. troversial, stands on many issues, also He was born to privilege. His father He is going to be missed by all of us— shaped Joe’s approach to politics and was a Democratic Senator from the just an incredible person, a person who to life.

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.026 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6753 As I said earlier, Joe Tydings started well luncheon with colleagues to pre- over Vietnam. Vice President Spiro his political career by serving as presi- pare for his Senate run, he learned that Agnew, who had been Governor of dent of the Maryland Young Demo- President Kennedy had been assas- Maryland, called Joe a ‘‘radical.’’ Joe crats. While he was president, he con- sinated in Dallas. Joe ran as a reformer narrowly lost his reelection bid to fronted a hotel owner in Ocean City and had to win a primary against the John Glenn Beall, Jr., the son of the who refused to let Black members of State’s beloved comptroller, Louis L. man he had defeated in 1964, 51 percent the organization stay at the hotel for Goldstein. Joe, whose campaign slogan to 48 percent. an event being held there. In 1954, Joe was ‘‘Working for Maryland, Not the I mentioned that Joe was an avid was elected to represent Harford Coun- Machine,’’ energized reformers within outdoorsman. He was also a great ty in the Maryland House of Delegates. the State party, attracted an army of horseman. One of the many causes to Once there, it was clear that he was volunteers, and won. It was Louis Gold- which he dedicated his energies after willing to fight established powers. He stein’s only loss during six decades in he returned to private life was the pro- started with the State’s savings and public office. Joe then went on to de- tection of Tennessee Walking Horses loan, S&L, associations following a feat the incumbent Republican Sen- from the inhumane practice of banking scandal. In ‘‘My Life in Pro- ator, James Glenn Beall, Sr., in the ‘‘soring.’’ He sought vigorous imple- gressive Politics: Against the Grain,’’ general election. mentation of the Horse Protection Act an autobiography cowritten by former As a Senator, Joe Tydings backed the of 1970, which he had authored while Baltimore Sun reporter John W. Frece Voting Rights Act of 1965 and the Fair still in the Senate, and was honored by published earlier this year, Joe re- Housing Act of 1968. He supported con- the U.S. Humane Society for his ef- flected, ‘‘I was appalled no one was troversial decisions of the Warren forts. doing anything about it.’’ The reason, Court, including the one-man, one-vote After Joe left the Senate, he kept his he argued, was that many too many requirement for apportionment of hand in Maryland politics, supporting Maryland politicians were profiting State legislatures; the prohibition of various reform candidates and pushing from the schemes that led to the scan- prayer in public schools; and the guar- for legislation to protect his beloved dal. antee of the rights of defendants to re- Chesapeake Bay. He went on to serve While Joe Tydings had a famous last main silent and to be represented by as a member and later as chairman of name in Maryland political circles, it counsel. He was an early advocate for the board of regents of his alma mater, was his early and enthusiastic associa- family planning and worried all his life the University of Maryland. He was ap- tion with Senator John F. Kennedy about the detrimental health and envi- pointed to three separate terms on the that pushed Joe onto the national ronmental effects of worldwide over- regents by three different Governors in stage. In 1960, Joe directed Kennedy’s population. He reached across the aisle three different decades. In 1977, Joe Presidential campaign in Maryland and to get things done, working with Re- called for the board of regents of the then helped out in other primaries, at publican colleagues such as then-Rep- University of Maryland to divest its the party convention in Los Angeles, resentative George H.W. Bush. He regu- endowment from companies doing busi- and throughout the fall election. After larly decried the lack of bipartisanship ness with the apartheid regime in Kennedy won, Tydings was offered a in the Congress today. South Africa. In September 2008, then- post in the new administration, and he Like many of his congressional peers, Maryland Governor Martin O’Malley asked to be appointed U.S. attorney for Joe Tydings came to office supporting appointed Joe to the board of the Uni- Maryland. The Maryland Democratic American involvement in Vietnam, but versity of Maryland Medical System. Party establishment was wary of the as the war escalated, deaths mounted, Joe Tydings was indefatigable. He young reformer; nearly every Demo- and protests spread throughout the built a national and international ca- cratic Congressman in the State op- country, Tydings finally broke with reer in law, offering his legal services posed his appointment. President Ken- President Lyndon B. Johnson and came pro bono in cases challenging the death nedy questioned his brother, Attorney out against the war. penalty. As the Baltimore Sun obit- General Robert F. Kennedy about the Although Joe was ranked 100th in se- uary noted, ‘‘At an age when his peers opposition, saying ‘‘how can I appoint niority when he arrived in the Senate, were considering retirement, Sen. him with all these people opposed to he authored legislation to make long Tydings worked as an attorney with him.’’ Robert Kennedy replied, ‘‘That’s overdue improvements to the Federal the Washington law firm Blank Rome exactly why you are going to appoint court system, many of which are still LLP. ‘He didn’t need to be here for the him.’’ in place today. He helped to create the last 20 years of his life,’ said Jim Kelly, As U.S. attorney, Joe Tydings assem- system of Federal magistrates to light- chairman of Blank Rome’s Washington bled a staff of neophyte trial attorneys en the workload of Federal judges; im- office. But Sen. Tydings chose to con- that included a future Attorney Gen- proved jury selection so that Federal tinue to work toward causes he deemed eral of the United States, Benjamin R. juries more fairly represent the make- important. ‘It sounds a little trite, but Civiletti, and a future Attorney Gen- up of their communities; and worked to he really was committed to basic no- eral of Maryland, Stephen H. Sachs, keep unfit, unqualified, or mentally or tions of justice and fairness,’ Kelly and many other lawyers who would be- physically incapacitated judges off the said. ‘He was not afraid to wear that on come judges and successful attorneys bench. Joe became an ‘‘enemy’’ of his sleeve, and he was not afraid to with prominent law firms. He worked President Richard M. Nixon by helping stand up and be counted.’ ’’ hard to establish the nonpartisan rep- to defeat two of the President’s Su- When I was sworn in as U.S. Senator utation of the U.S. attorney’s office in preme Court nominees, Clement F. for the first time in the 110th Congress, Maryland and build a modern Federal Haynsworth, Jr., and G. Harrold I was honored to have Joe Tydings join prosecution force that has effectively Carswell. Senators Paul Sarbanes and Barbara targeted political corruption in Mary- Joe Tydings was an avid outdoors- Mikulski and escort me to the well to land up to the present day. Joe success- man and hunter, but supported sensible take the oath of office. One of his polit- fully prosecuted Representative Thom- gun safety laws, including the Fire- ical slogans was ‘‘Joe Tydings doesn’t as Johnson, a fellow Democrat, for re- arms Registration and Licensing Act, duck the tough ones.’’ So true. Joe’s ceiving illegal gratuities. He success- which earned him the enmity of the life of service serves as an example to fully prosecuted Maryland House gun lobby and the National Rifle Asso- so many people, including me, particu- Speaker A. Gordon Boone, another ciation. larly in these difficult times. Former Democrat, for mail fraud connected By the time he stood for reelection in Vice President Joe Biden wrote in the with the S&L scandal. 1970, Joe later admitted, he had prob- forward to ‘‘My Life in Progressive In 1963, President Kennedy visited ably supported one liberal position too Politics: Against the Grain,’’ ‘‘In read- Oakington, the Tydings’ 550-acre estate many. The country had changed, and ing this memoir, you can’t miss the sa- along the Chesapeake Bay in Harford Joe’s progressive outlook had been sup- lient parallels to challenges facing our County, to urge Joe to run for the Sen- planted by the backlash to new civil nation today. The issues on which Joe ate, which he agreed to do. On the No- rights laws, fear over race riots in staked his Senate career a half-century vember day that Tydings held his fare- American cities, and a deep division ago are the same ones that still require

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.032 S10OCPT1 S6754 CONGRESSIONAL RECORD — SENATE October 10, 2018 our advocacy and attention. Protecting is a cornerstone of our economy, with Sound and helps us with our salmon re- voting rights. Safeguarding our envi- $95 billion in exports and $92 billion in covery efforts. For the last 18 years, ronment. Pushing back against the imports each year. the Puget Sound Adjacent Waters Res- forces of inequality that are hollowing The fact that this legislation helps us toration Program has focused on pro- out the middle class. Standing up for on important maintenance and oper- tecting and restoring habitat within common-sense gun safety laws.’’ ations for both large and small ports the Puget Sound Basin. In the Gospel of Luke, there is the and for locks, dams, and waterways is Using this program, the Army Corps saying, ‘‘Every one to whom much is so important to our future. It also was able to work with places like the given, of him will much be required; helps us with the important alliance city of Burien to remove a seawall on and of him to whom men commit much that Seattle and Tacoma formed to- the Seahurst Park shoreline. Now that they will demand the more,’’ Luke gether to help our marine cargo oper- shoreline is a habitat for endangered 12:48. Joe Tydings was given much; he ations at the ports, which generate $4.3 salmon and the home to bald eagles gave back more. billion in economic activity and on and osprey, and it is attracting visitors I know my Senate colleagues will which 48,000 jobs are dependent. to the park. want to join me in sending our condo- What happened is that as the world The Army Corps was also able to use lences to Joe Tydings’ family: his sis- market changed and large container- the program to work with the Tulalip ter, Eleanor Tydings Russell of ships could double in size the amount Tribe to restore critical habit along Monkton, MD; his four children from of products they were shipping, it was the Snohomish River. That was lost in his first marriage, Mary Tydings Smith so important for our west coast ports the early 20th century. The estuary of Easton, MD, Millard Tydings of to be competitive and to be able to now provides access to spawning, Skillman, NJ, Emlen Tydings Gaudino serve these large ships. These rearing, and feeding areas for salmon. of Palm Beach, Australia, and Eleanor megaships, which are twice the length Puget Sound—the second largest es- Tydings Gollob of McLean, VA; and Al- of the space needle and wider than a tuary in the United States—is home to exandra Tydings Luzzatto of Wash- football field, carry twice the number thousands of species that this bill will ington, DC, the daughter of his second of containers compared to ships that also help. Over a dozen of these species marriage. He is also survived by nine typically call on west coast ports and are listed as endangered or threatened, grandchildren: Benjamin Tydings need deeper waterways. and our helping by making these im- Smith, Jill Campbell Gollob, Sam To maintain a top-grade lane provements to clean up Puget Sound Tydings Gollob, Margaret Campbell through the Pacific Northwest and to and restore habitat is so important to the viability of the Pacific Northwest. Tydings, Jay Davies Gollob, William compete with the Canadian ports, the The bill increases funding for the Davies Tydings, Ruby Anne Luzzatto, Ports of Seattle and Tacoma have to Puget Sound Adjacent Waters Restora- deepen their ports and make the navi- Emerson Almeida Luzzatto, and Maeve tion Program from $40 million to $60 gational changes to address the large Chaim Luzzatto. million and the per-project funding I suggest the absence of a quorum. container ships. from $5 million to $10 million. The PRESIDING OFFICER. The The Army Corps and the Northwest These are just expanded numbers, but clerk will call the roll. Seaport Alliance teamed up with the they mean everything to meet the The bill clerk proceeded to call the Seattle Harbor Navigational Improve- goals of the projects around Puget roll. ment Project study, the Tacoma Har- Sound. We are returning to Puget Ms. CANTWELL. Mr. President, I ask bor Navigational Improvement Project Sound waterways that are unblocked unanimous consent that the order for study, and many other partners to and providing cleaner habitat for salm- the quorum call be rescinded. make sure we were making the right on—for threatened juvenile salmon— The PRESIDING OFFICER. Without investments. and opportunities in areas like Spencer objection, it is so ordered. In this legislation, the Ports of Se- Island in the Snohomish River estuary S. 3021 attle and Tacoma are big economic near Everett, WA. Ms. CANTWELL. Mr. President, I winners. They are economic winners Another project will restore tidal rise today to thank my colleagues for because we are authorizing over $29 flows and create open coastline inlets passing America’s Water Infrastructure million to deepen the East and West at the creek originating near Joint Act of 2018 and to discuss the impor- Waterways in the Port of Seattle to 57 Base Lewis-McChord, in South Puget tance of it to the State of Washington. feet. When the project is completed, Sound. This will help us to restore This legislation is going now to the the Port of Seattle will be the deepest spawning habitats for forage fish, sup- President’s desk, and it is very needed in the country. It will allow us to serve port salmon recovery, and improve to help make our ports more competi- those megaships. Instead of having just those shoreline conditions that are so tive, to protect thousands of jobs, and 1,000 to 12,000 cargo containers, it will important. to help protect our salmon habitat in be 18,000 cargo containers or more. We These projects are an example of the the State of Washington. are expecting to complete a feasibility diversity that our region uses when it This legislation means the ports of study at the Port of Tacoma, which is helps our ecosystem, known as Puget Seattle and Tacoma will be able to currently at 51 feet. Sound, and in helping salmon recovery. deepen their harbors to allow them to These two projects are going to help This legislation also helps in making meet the much larger cargo demands us continue to build the reputation of sure those who make great improve- to compete with other ports on the the Ports of Seattle and Tacoma, mov- ments to water infrastructure, particu- west coast, specifically in Canada. ing our products throughout the United larly our hydrosystems, get rewarded This legislation also improves the States to Asia quickly and reliably and for doing that and ensures that they critical habitat for salmon and water- reaching critical markets. don’t wait or hesitate to get that done. ways like the Puget Sound and the Co- We don’t want our shippers to have This legislation provides an early ac- lumbia River, and it also helps utilities to pay more because we haven’t made tion provision for licensees on make commonsense investments for these infrastructure investments. Mov- hydrosystems to make improvements the future and helps to protect our ing freight is what we do. and makes sure they will be recognized ratepayers and the environment. This bill is about making it in our later. This provision would remove an I am proud to have worked on this waterways as well. Deepening the wa- impediment, and it encourages people legislation with our colleagues because terways in the Ports in Seattle and Ta- to take corrective action sooner rather we need to keep moving forward on in- coma will ensure they can compete than later. vestments that help make our region with Canadian ports. It will help us to That is good for our environment, competitive. continue to grow our jobs in the mari- and it is good for taxpayers and helps Our ports are essential to our eco- time sector, and it will help us to con- us save on energy. Most importantly, it nomic growth in the Northwest. I al- tinue to be a gateway from North does not take away any regulatory ways say ‘‘ports are us’’ because we America to Asia and around the world. oversight from the agency but simply have so many along the Columbia This legislation also helps us in re- rewards people earlier for doing the River and on the west coast, and trade storing waters adjacent to Puget right thing.

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.034 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6755 I know that Chelan PUD is a good ex- This also provides States and com- one more time. No one stood stronger ample of this and will take advantage munities with additional financial re- with me and Senator PETERS in trying of this as they plan to rehabilitate sources to make investments in their to help the people in Flint, and I great- units at Rock Island hydro project—a economies for the future, and it also ly appreciate her help, support, and ad- significant investment of over $500 mil- helps to right wrongs from the past. vocacy. lion. This area needs to have these up- I am pleased that the bill also deliv- HEALTHCARE grades, and this provision will help ers on an 80-year-old promise from the Mr. President, in addition to praising them get them done sooner. Army Corps to complete the Tribal Vil- the water resources bill, which was a In this legislation, we are also help- lage Development Plan for four Tribes great bipartisan effort—there are some ing with one of the most challenging who were displaced when the dams of wonderful wins in there for Michigan— things we see in our waterways, and the Columbia River were constructed. specifically at this moment, I want to that is protecting the physical infra- The Yakama, Nez Perce, Umatilla, and speak about my deep regret that a lit- structure and waterways in our hydro Warm Springs Tribes all signed trea- tle while ago, a very important resolu- system from invasive species. The ties with the Federal Government in tion did not get the bipartisan votes highly invasive Quagga and Zebra mus- the 1850s, and these treaties reserved necessary to pass on the Senate floor. sels have invaded our waterways in 20 the right of the Tribes to fish, hunt, That resolution, which failed, would different States. If invasive mussel and gather at ‘‘all usual and accus- have stopped the administration’s populations invade the Pacific North- tomed fishing places.’’ The Army Corps short-term plan rule, which is gutting west, it is estimated that it could cost and treaty Tribes entered into agree- comprehensive healthcare and under- our region over $500 million in annual ments on fishing access. These sites mining people with preexisting condi- costs. That would be devoting way were designed for day-to-day fishing, tions getting the healthcare they need more of our resources just to manage but out of need and the desire to be and deserve. that infestation. close to the Columbia River, they have About half the families in Michigan The Columbia Basin is the last major have someone in their family with a uninfected watershed in the United turned into permanent housing. This has resulted in very challenging and preexisting condition. It could be any- States, much of it to the credit of thing from high blood pressure, to dia- watercraft inspection stations on the unsafe living conditions along the betes, to something like cancer or Columbia River. The Columbia River river. I am so glad that my colleague whatever other illness it might be. inspection stations help inspect the Senator MURRAY and my colleagues They are in a situation now, with these boats that travel up and down the river from Oregon, Senator MERKLEY and junk plans, as we call them, where they for such invasive species, and an in- Senator WYDEN—that we have been are going to be undermined, and they spection of all watercrafts is required. able to make it crystal clear to the either won’t be able to get any health I am pleased that this bill authorizes Army Corps of Engineers that we need insurance, or it will cost much, much money specifically for the Columbia to correct this problem. This bill en- more. River inspection stations. This helps us sures that those families will get what I have often said that healthcare because, as I said, with a river that they were promised years ago. isn’t political; it is personal. It is not hasn’t seen these invasive species, the In closing, I want to thank our col- political. We all care about being able fact that we still do these inspections leagues Senator BARRASSO and Senator to get the healthcare we need for our- is critical. CARPER, as well as the leadership of the Last year, over 9,000 boats were in- House Transportation and Infrastruc- selves, our children, our moms, and our spected throughout Washington, and ture Committee, for all the hard work dads. When a family has a child born because of the funding for the Colum- on this bipartisan legislation. with a seizure disorder, they aren’t bia River, these invasive species were When it comes to our waterways, in- wondering whom their pediatrician kept out of our waters. That means frastructure investment means jobs. It voted for in the last election. When a they were kept out not just in Wash- means the continued protection of single mom of two teenagers learns she ington but in other parts of the Pacific clean water, and for us in the North- has breast cancer, she is not concerned Northwest as well. west, it means helping us preserve our about who is up in the polls and who is This legislation also continues the salmon populations. down in the polls. When a senior is great downpayment on the Drinking I am so happy that we have finally forced to make a decision between buy- Water State Revolving Fund, which taken another step to strengthen the ing the medication that helps him was created in 1997 and has helped our competitiveness of our ports in the breathe better or keeping his heat on, State—millions of dollars in annual Northwest. These are real jobs. In the he is not interested in what is hap- grants. This is so important. As we saw future—near future—with this deep- pening on Twitter. with the many problems in Flint, MI, ening, we will be able to serve larger Healthcare isn’t political—not to any and other places, many of our col- cargo container ships, which will help person I represent or to me or my own leagues know that this Drinking Water us keep our competitiveness in moving family; it is personal, and it affects State Revolving Fund is necessary for product. every one of our families, whether we us to keep clean water in the United While we move about $77 billion are Democrats, Republicans, urban, States. worth of products in Washington, we rural, red States, and blue States. I These funds helped the city of move much more than that from all wish we could come together and work Lynden replace its 1926 surface water States of the United States, moving on ways to provide more healthcare treatment plant and ensured a reliable through our ports. So while it sounds and reduce costs based on that water supply to the Lynden commu- like an investment in two very large premise—that it is personal, not polit- nity and surrounding area. The funds port infrastructures on the west coast, ical. also helped the city of Prosser make I guarantee you that it affects many When people tell me their healthcare improvements to its aging water sys- Midwestern States and many products stories, I can assure you that they tem to ensure that communities have and the ability to cost-effectively ship don’t start with their political affili- access to a clean water supply. At the to other parts of the world. ation because it doesn’t matter; they end of this week, the city of Kelso will I yield the floor. simply want to know that the be celebrating the completion of the The PRESIDING OFFICER. The Sen- healthcare they depend on for them- Minor Road Reservoir, which replaced ator from Michigan. selves and their families will be there. two aging reservoirs that were leaking Ms. STABENOW. Mr. President, be- That is why I am so concerned about and that would have failed in the event fore my friend from Washington State the short-term, limited-duration insur- of a natural disaster in the area. The leaves, I want to thank her for her ad- ance plans, which we are calling junk city was able to complete the project vocacy on water infrastructure, and I plans because that is what they are. with the help of the Drinking Water agree with her that this is a great bi- They may be cheap, but they don’t State Revolving Fund, and I am so glad partisan bill. The distinguished Sen- cover much, if anything, and you don’t that is going to help secure more re- ator from Washington State mentioned know until you get sick. Many of them sources for that part of our State. Flint, MI, and I just want to thank her are medically underwritten, meaning

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.034 S10OCPT1 S6756 CONGRESSIONAL RECORD — SENATE October 10, 2018 that insurance companies can charge sured Sam that as long as he didn’t most precious—our families and our whatever they like based on the appli- have a diagnosis, he would be wasting health. Unfortunately, because of the cant’s health, their gender, their age, his money if he bought anything other administration’s actions, we are seeing their health status. than a short-term insurance plan. Sam tremendous rollbacks that are putting Remember when being a woman was took her advice, thinking he was sign- more and more power back into the considered a preexisting condition? I ing up for a quality health insurance hands of insurance companies that are certainly do. These plans are coming plan that would meet his needs. making their decisions based on what back. They are coming back through Fast-forward to 2017 when at age 28 is best for their profits, not what is these junk plans. One recent study Sam was diagnosed with stage IV non- best for families. found that none of the plans cover ma- Hodgkin’s lymphoma. What he thought I am very disappointed that we ternity care. As a member of the Fi- was simply back pain turned out to be weren’t able to stop that today, but I nance Committee, I led the fight to an aggressive form of blood cancer. am going to continue to try, as are my cover maternity care and birth control After 6 months of chemotherapy and Democratic colleagues. We are com- services and other preventive services radiation, Sam’s cancer was in remis- mitted to doing everything we can to for women. That is pretty basic for the sion; however, his doctors told him ensure that people in the greatest women of this country. And if, as a that a bone marrow transplant was his country in the world know they can man, you think you didn’t need it, only hope for a long-term cure. have affordable healthcare coverage well, just ask your mom whether she Then Sam heard from his insurance that actually covers their healthcare did. company. They refused to pay for any needs. On top of that, these plans can ex- of his treatment—any of his treat- Thank you. clude people with preexisting condi- ment—even though he had insurance, I yield the floor. tions or impose yearly or lifetime caps including the bone marrow transplant, The PRESIDING OFFICER. The Sen- ator from Michigan. on care. As I indicated, it is estimated because they claimed the cancer was a Mr. PETERS. Mr. President, the that half of Michigan families include preexisting condition even though his topic of healthcare affordability should broker had told him that was not the someone with a preexisting condition— unite us as a common cause. We all case. Sam appealed this decision and everything from diabetes, to asthma, need healthcare, whether young or old endured nine additional rounds of to arthritis, to cancer. Under the Af- or male or female, rich or poor. fordable Care Act, we didn’t have to chemotherapy to keep his cancer in re- Not one of us will go through life worry about people with preexisting mission. After months of waiting— without experiencing a major health conditions being covered—until it months of waiting—his appeal was de- concern. Even if we have a clean bill of began to be undermined through these nied. health today, we all face the prospect new administrative rules put forward Sam was left with no health insur- of accidents, illnesses, and the inherent by the administration. ance, no way to pay for a lifesaving universal health challenges of aging. Louisa is a beautiful little Michigan bone marrow transplant and about The Affordable Care Act is not per- girl who was born with half a heart. I $800,000 in medical bills, even though fect, but it has moved us toward a was so fortunate to meet her and her he had bought an insurance policy. shared goal of making healthcare more parents earlier this year. Louisa didn’t Sam eventually was able to buy some affordable for everyone. Most signifi- ask for half a heart. She and her par- real health insurance—the kind that cantly, the Affordable Care Act pre- ents didn’t do anything to cause it. covers you when you get sick—and get vents insurers from denying coverage Louisa didn’t have a choice. She needs the bone marrow transplant he needed. or increasing premiums because of a comprehensive health insurance. He is healthy again, thank goodness, preexisting condition. This critical Unfortunately, that kind of insur- but his finances aren’t. protection has been widely and wildly ance is getting less and less affordable. In his words: ‘‘Instead of planning a popular, and rightly so. If you don’t Thanks to short-term plans and other life together with my girlfriend and a have a preexisting condition, you prob- health insurance changes, comprehen- future for my business, I am kept up at ably have a family member who does. sive health insurance will cost over 12 night worrying about staying afloat, The Affordable Care Act also requires percent more next year in Michigan how to pay the next bill, how to avoid plans to cover a full set of benefits that than it would otherwise cost, and it is bankruptcy.’’ enrollees will realistically need over only getting worse. This is the story of too many people the course of their lives, and, overall, Louisa should be able to focus on before the Affordable Care Act passed, it encourages Americans to get their starting school, growing up, learning requiring comprehensive coverage and health insurance so that they will have to drive, going to college, and having a requiring people with preexisting con- the appropriate support when they family of her own, not whether she will ditions to be able to get affordable cov- need it the most. pay more for insurance, if she can get erage. As I said before, healthcare isn’t I will be the first to recognize that it, because she was born with a pre- political; it is personal. People with there is room for improvement in our existing condition. preexisting conditions deserve to know healthcare law, but we need to be Louisa isn’t alone. She is just one of their insurance will be there when they working together to fix it, not allowing the estimated 130 million people in our need it. Families with a sick child de- the Trump administration to continue country with preexisting conditions. serve to focus on getting her better, its relentless push to undermine the af- That is 130 million people who could be not how they are going to pay the bill fordability of healthcare. Since the be- hurt either directly or indirectly by for the doctor, and small business own- ginning of his administration, Presi- these short-term junk plans. ers like Sam deserve insurance that dent Trump has taken every possible Perhaps you are incredibly lucky, covers them while they are sick or hurt step to weaken consumer protections and nobody in your family has a pre- and doesn’t leave them on the verge of in health insurance, all the while mis- existing condition. These short-term bankruptcy. informing the public about what the policies are a good choice, then, right? That is what we are talking about. real impact will be on their daily lives. Well, just ask Sam, who came to DC These current plans undermine the ca- But Americans right now are feeling earlier this year to share his story. pacity for people to be able to get real the impact. For too many hard-work- Sam is self-employed. He owns a coverage. They are less expensive, but ing families, health insurance and small landscape design business. In they don’t cover much, if anything, healthcare costs are still not afford- 2016, Sam was shopping for health in- and the problem is you don’t know able. Today, premiums are going up, surance. He had been healthy, aside until you get sick. What we need and healthcare prices are soaring, and the from some back pain. He told his insur- what everyone needs is the confidence burden of cost is increasingly shifted to ance broker that he had been to the that they are buying affordable insur- the patient. chiropractor a number of times and ance that will actually cover them and We should be focused on ways to that the chiropractor had taken x rays cover their families. Everyone deserves strengthen our healthcare system so but had not been able to make a diag- that kind of insurance. This isn’t about that it lowers out-of-pocket costs, re- nosis for his back pain. The broker as- politics; it is about protecting what is moves barriers to healthcare, and

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.035 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6757 incentivizes cost efficiency. But the tration’s efforts to undermine the ACA short-term use only and don’t include flawed Trump administration policy casts a vote today against coverage protections for people with preexisting the Senate voted on earlier today is a protections for preexisting conditions conditions. That means, if you sign up step in the wrong direction. It is a step and against affordable, quality for one of these plans and are a cancer toward terrible coverage for consumers healthcare for all American families. survivor or are a pregnant woman or who will not understand what their Thank you. are a war veteran, you could be plan fails to cover until they need it. I yield the floor. charged a higher rate. It also means We are seeing yet another Trump ad- The PRESIDING OFFICER. The Sen- you could be forced to pay tens of thou- ministration effort to roll back parts of ator from Nevada. sands of dollars out of pocket for the the Affordable Care Act that are actu- Ms. CORTEZ MASTO. Thank you, care you receive in an emergency. ally working every day to help Ameri- Mr. President. Junk plans come in all shapes and cans. President Trump is creating a I rise today to share the story of one sizes, but none of them comply with new loophole for some insurers to ig- of my friends, Jesse Kleinedler. Jesse consumer protections established by nore the Affordable Care Act’s central and her husband own and operate one the Affordable Care Act. The Kaiser patient protections. This is moving us of Reno’s most successful small busi- Family Foundation looked at junk back toward a period where insurance nesses—the Under the Rose Brewing plans in 45 States and found that 43 companies could discriminate against Company. They are also the proud par- percent did not include coverage for Americans based on their conditions, ents of a beautiful baby boy. Jesse, her mental health services, that 71 percent such as diabetes, cancer, arthritis, and family, and their business are doing did not cover outpatient prescription even pregnancy—yes, even pregnancy. great. But when I met Jesse last year, drugs, and that not a single one cov- Millions of Michiganders rely on the she told me her path to this point in ered maternity care. Affordable Care Act’s safeguards for life had not been easy. Junk plans appear to be cheaper than preexisting condition coverage. In 2012, Jesse left her job at a large Americans should have the power to firm—and the health insurance it pro- comprehensive health insurance choose their own healthcare, but unfor- vided—to pursue her dream of starting plans—that is, until you read the fine tunately this administration has it a brewery with her husband Scott. print. Junk plans have low monthly backward. President Trump wants to About 1 year later, she learned that she premiums and astronomical out-of- give more power to insurers to not only was pregnant. During a routine check- pocket costs. President Trump’s Execu- choose who they cover but also what up 9 weeks before her due date, Jesse’s tive order allows insurance companies they cover. midwife advised her to see an OB/GYN. to trick consumers into signing up for The Affordable Care Act’s 10 essen- Jesse didn’t feel sick, so she hesitated, these plans. Consumers think they are tial healthcare benefits are truly just but the midwife urged her to go see a getting a good deal, only to find out, as that; they are indeed essential. The list specialist anyway. soon as they get sick, that their med- includes things like prescription drugs, Midway through her visit, the OB/ ical bills are not covered. hospitalizations, and preventive care. GYN became concerned that Jesse’s The American Cancer Society Cancer Before the Affordable Care Act, we saw life was in danger. He diagnosed her Action Network says junk plans pose insurance companies neglect to cover with preeclampsia and rushed her to ‘‘a serious threat to cancer patients’ services like maternity care, substance the hospital. Jesse’s son was born a few ability to access quality, affordable abuse disorder treatment, and mental hours later via emergency C-section. health coverage.’’ It also says the health care. These are all truly essen- The doctors who delivered her baby present administration’s rule will like- tial elements of any true plan. agreed that had Jesse waited even 24 ly leave older and sicker Americans in The Trump administration is allow- hours to see an OB/GYN, both she and the individual insurance marketplace, ing for risky plans that make insur- her son would have died. with few, if any, affordable health cov- ance companies money while shifting In no uncertain terms, Jesse told me erage choices and that patients who costs to taxpayers and Michiganders that she and her son owe their lives to are living with serious conditions will who choose to cover these essential the Affordable Care Act. Without the be left paying more for the coverage health benefits. The Trump policy will affordable coverage having been pur- they need if they can afford coverage create a parallel market that targets chased on the Silver State Health In- at all. only relatively healthy, less costly in- surance Exchange, Jesse would not President Trump’s Executive order to dividuals, and that is why I am deeply have been able to have seen a spe- expand access to junk plans is not just disappointed by today’s vote and the cialist, and she and her husband, cer- an attack on our healthcare system, it actions of this administration. tainly, would not have been able to is an attempt to send us back to the The true message President Trump is have afforded the $1 million in medical days when families like Jesse’s could sending to the public is that he wants costs Jesse’s son incurred over the not afford the healthcare they needed. you to be misinformed. He wants you course of a months-long stay in the Jesse told me she owes her life to the to make bad decisions and buy these NICU. health insurance she purchased flawed plans, increasing the profits of Jesse’s son is now a happy, thriving through the ACA. Where would Jesse insurers. toddler, but he has a medical issue that and her family be without it? What if American taxpayers will be left with interferes with his growth. Jesse and she had not been able to afford a com- the bill when patients find out that Scott, her husband, fear that President prehensive plan? What if she had pur- their insurance and all of the money Trump’s efforts to roll back protec- chased a junk plan instead? they have put into that insurance over tions for people with preexisting condi- There are 1.2 million Nevadans who so many years simply does not cover tions will make it impossible for them live with preexisting conditions. That their healthcare needs when they need to afford their son’s health insurance. is nearly one in two. That number in- it the most. Donald Trump has not yet been able cludes nearly 159,000 children and near- No matter where you live, how much to get the support in Congress he needs ly 270,000 people who are nearing retire- money you make, or what your health in order to repeal protections for peo- ment. The junk plans rule directly record looks like, no one should be ple with preexisting conditions, but he threatens their healthcare. forced to make the impossible choice has taken steps to circumvent the between seeking medical assistance or wheel of Congress and hack away at Heather Korbulic, who is the execu- paying the bills for other basic neces- these protections bit by bit. tive director of the Silver State Health sities. Regardless of what the health In August, he signed an Executive Insurance Exchange, summed up the condition is or when it arises, all order to expand access to what are risk junk plans pose. Americans deserve certainty that their called junk plans. These are health in- She said: ‘‘[Junk plans] are designed decision to go to a doctor will not push surance plans that don’t cover essen- to basically take your preexisting con- them into bankruptcy. tial services like prescription drugs, dition and charge you more or tell you Let’s be clear that any Member who emergency room visits, or maternity that you can’t be on those plans at voted to support the Trump adminis- care. These plans are designed for all.’’

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.028 S10OCPT1 S6758 CONGRESSIONAL RECORD — SENATE October 10, 2018 She continued: ‘‘If they find that tax rate, which, up until January 1, sorted to, from interrupting the con- you’ve not disclosed a preexisting med- was the highest corporate tax rate in firmation hearing to withholding crit- ical condition . . . then you’re left high the developed world. We expanded busi- ical information, Chairman GRASSLEY and dry with no insurance.’’ ness owners’ ability to recover the cost stayed above the fray. He carried on I don’t want to go back to a world of investments they make in their with what needed to be done, whether where Nevadans with preexisting con- businesses, which frees up cash that that was compiling information from ditions can’t get the care they need or they can reinvest in their operations Justice Kavanaugh’s time in the White where insurance companies aren’t re- and their workers, and we brought the House or interviewing witnesses. He quired to cover basic services like ma- U.S. international tax system into the made sure the entire confirmation ternity care. 21st century so American businesses process was thorough and fair, and he I was a proud cosponsor of Senator would not be operating at a competi- ensured that Dr. Ford and Justice TAMMY BALDWIN’s resolution to over- tive disadvantage next to their foreign Kavanaugh were treated with dignity turn President Trump’s Executive counterparts. and respect. order. In failing to pass this resolution, Now we are seeing the results. The I am grateful we had him at the helm the U.S. Senate has done a profound economy is thriving. Our economy of the Judiciary Committee during this disservice to families and communities grew at a robust 4.2 percent in the sec- process, and I am grateful that, once all across the country. I will continue ond quarter of this year. The unem- again, he helped to put an outstand- fighting to restore protections against ployment rate is at its lowest level ingly qualified Justice on the Supreme junk plans, and I encourage all of my since 1969—almost 50 years ago. Think Court. colleagues to do the same. about that. In other words, it has been TRIBUTE TO NIKKI HALEY I yield the floor. almost 50 years since the last time un- Mr. President, I also want to take The PRESIDING OFFICER. The Sen- employment was at this low level. just a minute to recognize the out- ator from South Dakota. More than 1.8 million jobs have been standing work that Nikki Haley has ECONOMY created since the Tax Cuts and Jobs done as the U.S. Ambassador to the Mr. THUNE. Mr. President, 2 years Act was signed into law. Wages are United Nations. ago, when Republicans took control of growing at the best rate in years, and Ambassador Haley has been a terrific the White House as well as of Congress, incomes are up 4.2 percent. Businesses ambassador and a real leader on the we promised the American people that are bringing money back into the President’s foreign policy team. She growing the economy was going to be United States, and business investment has been a clear, unequivocal voice for our No. 1 priority, and we got right to is up—from an average of 1.8 percent the principles our country values, and work. before the 2016 election to an average she has been a tough and outspoken Under the Obama administration, of 10 percent so far this year. Small critic of the tyrannical regimes that American workers and businesses faced business optimism is at historic levels. threaten our country and the free a lot of obstacles, including burden- Consumer confidence is at an 18-year world. some regulations and an outdated Tax high. The list goes on. I am sure the President will choose Code that acted as a drag on economic Those are a lot of stats, but they ba- an excellent replacement, but Nikki growth, so we immediately focused on sically boil down to one thing; that is, Haley will be a tough act to follow. I removing burdensome regulations. that life is getting better for American wish her all the best as she begins her Then we focused on developing a his- families. Incomes are growing, and next chapter. She will be missed. toric, comprehensive reform of our Tax families have access to more jobs and I yield the floor. Mr. WHITEHOUSE. Mr. President, I Code, which was signed into law last opportunities and better benefits. That suggest the absence of a quorum. December. Now, the Tax Code isn’t nec- means fewer families have to live pay- The PRESIDING OFFICER. The essarily the first thing people think of check to paycheck, that an unexpected clerk will call the roll. when they think of economic growth, car repair or doctor bill is less dev- The senior assistant legislative clerk but the Tax Code has a huge impact on astating, that it is easier to afford that proceeded to call the roll. our economy. family vacation or the fees for piano Mr. WHITEHOUSE. Mr. President, I It helps to determine how much lessons, and that more families have ask unanimous consent that the order money individuals and families have to money to save for their kids’ college or for the quorum call be rescinded. spend and save. It helps to determine for their retirement. The PRESIDING OFFICER (Mr. LEE). whether a small business can expand That was the goal—getting the econ- Without objection, it is so ordered. and hire. A small business owner who omy thriving again so American fami- Mr. WHITEHOUSE. Mr. President, I faces a huge tax bill is highly unlikely lies can thrive. I am proud to say, we ask unanimous consent that at the to be able to expand her business or are succeeding. I am proud that our conclusion of my remarks, the Senator hire a new employee. The Tax Code policies are making life better for from New Hampshire, Senator SHA- helps to determine whether large busi- American families. Yet we are not HEEN, be recognized. She will be pick- nesses hire, grow, and invest in the stopping there. We are going to keep ing up at the end of my remarks. United States. A large business is working to secure the gains we have The PRESIDING OFFICER. Without going to find it pretty hard to create made for the long term and make sure objection, it is so ordered. jobs or improve benefits for employees every American has access to a future CLIMATE CHANGE if it is struggling to stay competitive of security and opportunity. Mr. WHITEHOUSE. Mr. President, it against foreign businesses that pay TRIBUTE TO CHUCK GRASSLEY is a real pleasure to be joined here much less in taxes. A large business is Mr. President, I want to take a brief today on the Senate floor by Senator also unlikely to keep jobs and invest- moment to express my gratitude to the JEANNE SHAHEEN of New Hampshire. ment in the United States if the Tax Judiciary Committee chairman, Sen- Senator SHAHEEN has been a tireless Code makes it vastly more expensive to ator CHUCK GRASSLEY, for his leader- advocate for clean energy and is the hire American workers. ship over the past months as we Senate’s bipartisan champion on en- Prior to the passage of the Tax Cuts worked to confirm Judge—now Jus- ergy efficiency, alongside Senator and Jobs Act last December, our Tax tice—Kavanaugh. PORTMAN. Code was not helping our economy or Every Supreme Court confirmation The U.N. Intergovernmental Panel on American families. It was doing just process is a somewhat arduous affair, Climate Change released a major warn- the opposite so we took action. but Chairman GRASSLEY had to con- ing last week. Ninety-one authors and We cut tax rates for American fami- tend with more than an increased editors from 40 countries reviewed lies, doubled the child tax credit, and workload. He had to contend with more than 6,000 scientific papers to as- nearly doubled the standard deduction. Democratic colleagues who did every- sess what it would take to hold global We lowered tax rates across the board thing they could to delay and disrupt temperatures to 1.5 degrees Celsius for owners of small and medium-sized the process and to taint Justice above preindustrial levels. The report businesses, farms, and ranches. We low- Kavanaugh’s confirmation. Yet no says that we will need to invest rough- ered our Nation’s massive corporate matter what tactics the Democrats re- ly five times what we do now in low-

VerDate Sep 11 2014 02:51 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.029 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6759 carbon energy and energy efficiency by Defenders of old, dirty energy sources should pay for damage to the environ- 2050. The Shaheen-Portman energy effi- paint renewables as unreliable, as ment and to public health. That is econ ciency legislation would help move us intermittent, but Deloitte’s report 101. Without that, the price signal, toward that target. finds that renewables have actually which is at the heart of market eco- The American Council for an Energy- proven ‘‘to strengthen grid resilience nomics, is off, and subsidies result. The Efficient Economy says that the bill and reliability.’’ Integrating renewable market fails. And when the Inter- would reduce carbon dioxide emissions capacity into the grid has gone well in national Monetary Fund estimates the by about 650 million metric tons over a practice, and FERC analyses predict fossil fuel subsidy at $700 billion per 15-year period. The cumulative net sav- increased renewable uses to improve year just in the United States, that is ings from the bill would reach nearly grid security and resiliency. a massive market failure. $100 billion. The grid operator in Iowa, the most Nordhaus recommends that we cor- My State of Rhode Island is a na- heavily wind-powered State, figured rect the enormous market failure tional leader in promoting energy effi- out a while ago the algorithms to treat which the fossil fuel industry now so ciency, so we know how good programs wind across its grid as baseload. When busily protects politically. ‘‘There is like the Shaheen-Portman reforms are you pair wind or solar projects with basically no alternative to a market for consumers, for businesses, and for battery storage, like that NextEra solution,’’ Nordhaus said in response to the environment. Rhode Island has project, then individual renewable the Nobel Prize award. ‘‘The incen- consistently ranked among the top projects become baseload power tives,’’ he said, ‘‘are market prices—to States for energy efficiency. This year, sources. You don’t have to aggregate raise the price of goods and services we are in the top three on the State and run algorithms; that is a new base- that are carbon intensive and lower the Energy Efficiency Scorecard. load source. ones that are less carbon intensive.’’ To keep global warming to 1.5 de- The transition involves batteries, The science on this, as I think most grees Celsius, the IPCC tells us we need and batteries are booming. Wood Mac- of us understand, is firmly established, renewables to grow to about half of the kenzie Power & Renewables projects and the economics are widely under- world’s energy mix by 2030 and to per- worldwide storage capacity currently stood. It is the politics that keep get- haps 80 percent of the world’s energy around 6 gigawatt hours to grow ten- ting in the way—the fossil fuel indus- mix by midcentury. Coal in the global fold, to at least 65 gigawatt hours by try dark money politics. electricity mix needs to be mostly 2022; 2022 is right around the corner—a ‘‘This is the last frontier of climate phased out by 2050. tenfold growth. change,’’ said Nordhaus. ‘‘I think we The fossil fuel industry’s front Costs are falling fast. Lithium-ion understand the science,’’ he said. ‘‘I groups, of which there is a considerable batteries are down in price 80 percent think we understand the economics of since 2010, just in these 7 years. That is legion, tell us that this will raise costs abatement,’’ he said. He said: ‘‘We un- an 80-percent drop in price. on consumers, but renewables are now derstand pretty much the damages. Regulators are adapting. The Federal beating fossil fuel power on cost, and Energy Regulatory Commission just fi- But we don’t understand how to bring renewable costs are still falling. nalized a new rule—a unanimous and countries together. That is where the In a recent report on global energy bipartisan new rule—for energy storage real frontier work is going on today.’’ trends, Deloitte notes: America should be leading at this on America’s electric grids. Solar and wind power recently crossed a One study has predicted the rule frontier, not lagging. Lost in our fossil new threshold. . . . Already among the could spur 50 gigawatts of additional fuel politics, we are failing in leader- cheapest energy sources globally, solar and ship. History will not be kind with our wind have much further to go. energy storage across the United States, enough to power roughly 35 failure. The Deloitte report shows the top million homes. It is well past time for Congress to solar States here in yellow, the top Energy storage is actually coming to wake up. wind States here in blue, and these market already. The Colorado State Mr. President, I yield the floor to my two—Texas and California—are in Public Utility Commission just unani- distinguished colleague from New green because they are leaders in both mously approved an Xcel Energy Pro- Hampshire, saluting her once again for wind and solar. gram to build $2.5 billion in renewable the leadership that I remarked on at If you look at the top 20 U.S. solar energy and battery storage, to retire the beginning of my remarks in work- and wind States, three-quarters of 660 megawatts of coal-fired power, ing with Senator PORTMAN to be the those States have electricity prices shutting down ongoing plants for Senate’s bipartisan leader on energy ef- below the national average, so clearly cheaper, new renewable battery com- ficiency. renewables don’t hurt energy costs. By binations. The request for bids didn’t The PRESIDING OFFICER. The Sen- the way, these States include some of just smoke out this one bid; it brought ator from New Hampshire. the reddest politically, including Okla- out a flood of renewable energy pro- Mrs. SHAHEEN. Mr. President, I homa, Kansas, Nebraska, North Da- posals at costs that beat out existing thank my colleague Senator WHITE- kota, Iowa, and Texas. coal and natural gas facilities. HOUSE, not just for those kind words The cost transition with renewables The IPCC warning was particularly but for all of the work he has done and coming down through the price of fossil serious and specific about the urgent continues to do. For the last 6 years, fuel is showing up in U.S. solar choices before us, and we, too, need to Senator WHITEHOUSE has come to the projects’ purchased-power agreements. be serious about a new direction to floor of this Senate week after week, You can see in this chart from avoid the most catastrophic effects of every week, to talk about climate Greentech Media that over time, solar climate change. Renewable energy and change and to talk about its effects generation costs have come down in energy efficiency are our pathways in throughout the United States and line with new-built natural gas genera- that direction, along with a new tech- around the globe and our need to take tion. That is what this band is. This is nology—trapping carbon emissions to action to address this crisis. the price for new-built natural gas gen- use or store them, even pulling carbon Thank you very much, Senator eration. dioxide straight from the air. WHITEHOUSE, for your leadership. This dot here represents a new These carbon-captured technologies Climate change is real, and it is a project by NextEra Energy to sell have been starved without revenue be- present threat to our planet. Senator power to the southern Arizona utility, cause of a failure in energy market ec- WHITEHOUSE talked about some of the Tucson Electric Power, from a 100- onomics, which is that there is no rev- science involved with that. It is very megawatt solar array with an accom- enue proposition for capturing carbon clear to anybody who has looked at the panying 30-megawatt energy storage pollution. Which brings me to the science who doesn’t have a political system for $45 per megawatt hour, Nobel Prize in economics just won by agenda that this is real. It is a threat, right in line with new natural gas William D. Nordhaus of Yale Univer- and we need to address it. plants. One industry analyst suggested sity. In New Hampshire, we are already that this facility effectively took the Nordhaus aligns with the well-estab- seeing the impacts of climate change place of a peak-demand gas plant. lished market economics that polluters in so many ways. Rising temperatures

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.031 S10OCPT1 S6760 CONGRESSIONAL RECORD — SENATE October 10, 2018 are shortening our fall foliage season, greenhouse gas emissions in every sec- than we import from Iraq or Venezuela they are disrupting our maple syrup tor, starting with how we produce and each year. Think about what that will production, and they are shortening consume energy. mean for increased consumption. our ski seasons and our snowmobiling. One of the things that I have learned The administration has also proposed Ice-out occurs earlier each year on our since my days as Governor is that the to replace the Clean Power Plan with lakes. They are causing sea level rise easiest, fastest way to reduce our en- regulations that would relax standards that can imperil businesses and homes ergy use is through energy efficiency. for powerplants at the expense and along our seacoast. It is without a doubt America’s largest well-being of current and future gen- The strains on our fisheries and the energy resource. It has contributed erations. Appliance efficiency stand- increases of insect-borne diseases that more to our Nation’s energy needs over ards have been frozen in place. After endanger our wildlife can all be tied to the last 40 years than any other fuel four decades with energy efficiency as the effects of climate change. source. Without the economy-wide im- a bipartisan cornerstone of Federal en- I have here a photo that I think it is provements in energy efficiency that ergy policy, the President has once important for people to see. Moose have occurred since 1973, it is esti- again proposed profound cuts to energy have been one of New Hampshire’s mated that today’s economy would re- efficiency and to renewable energy pro- iconic wildlife representatives, to put quire 60 percent more energy than we grams at the Department of Energy. it, I guess, the easiest way. The moose are now consuming. In fact, savings For those of us who support energy are something that we are very proud from energy efficiency improvements efficiency, there can be only one re- of in New Hampshire. We have seen over the last 40 years have reduced our sponse to these rollbacks: We must ad- them in the wildest parts of our State, national energy bill by an estimated dress them head-on, and we must re- some even as far south as where I live $800 billion—with a ‘‘b’’—all while double our efforts to keep America on in southern New Hampshire. What we growing and expanding our economy. the right track. are seeing as the result of climate Put another way, in the last 40 years, As a result of bipartisan efforts in change is a 40-percent reduction in the we have saved more energy through en- the House and Senate—as I said, en- moose in New Hampshire. As I said, ergy efficiency than we have produced ergy efficiency is one thing that we can that is happening because of increases through fossil fuels and nuclear power get behind, Republicans and Demo- in insect-borne diseases. combined. So think about that. Think crats—last month the President signed If we look very closely at this pic- about the potential of energy effi- into law a spending bill that includes ture, it looks like there are little round ciency in addressing our energy needs. increased investments for clean energy balls on this moose. Those are ticks. Energy efficiency is also the largest programs at the Department of En- Those are ticks that have been able to sector within the U.S. clean energy ergy—something that has enjoyed attach to the moose and, in so many economy. It employs nearly 2.25 mil- strong bipartisan support. cases, kill the moose. They are there lion Americans nationwide, and the In addition to increasing those in- because it is not getting cold enough in majority of those people work in our vestments, this appropriations bill our winters to kill off those ticks, so small businesses. We know that small marks the first time since 2009—so the they multiply in such numbers that businesses create about two-thirds of first time since I have been in the Sen- they attach to the moose and they kill the new jobs in this country. They are ate—that the Department of Energy them. You can see this is a distressed overwhelmingly responsible for innova- will secure its funding before the start moose that has been affected by those tion. Sixteen times more patents are of a fiscal year. This financial cer- ticks. She shouldn’t look like this, but produced by small businesses. So this tainty will strengthen these programs it is the ticks. Those insect-borne dis- is where innovation is going on, and it and the industries they support. eases are also responsible for some- is going on in energy efficiency. The passage of the Energy and Water thing called brain worm that affects Just to reiterate, energy efficiency appropriations bill that we did today moose as well. measures have proven time and time demonstrates that Congress remains So for our hunters and the people again to be the easiest and most cost- committed to advancing commonsense, who enjoy the outdoors and wildlife effective way to address climate bipartisan policies that will strengthen viewing, that is being threatened now change, while reducing energy costs our Nation’s energy efficiency. because of climate change. and creating private sector jobs. Just last week, this Senate adopted a The beautiful maples that produce The thing that I like about energy ef- bipartisan resolution that was spon- maple syrup and that produce such ficiency is that you don’t have to live sored by Senator PORTMAN of Ohio and beautiful colors in our fall foliage are in a certain part of the country and me, along with 19 of our colleagues, being threatened because of climate you don’t have to be a proponent of that recognizes the economic and envi- change. The estimate is that in several other types of fuel sources to appre- ronmental benefits that energy effi- decades, we will no longer see either ciate and to support energy efficiency. ciency has contributed to this country. moose or maple trees in New Hamp- Everyone benefits from energy effi- Senator PORTMAN and I are also com- shire because they will have been ciency. mitted to advancing our legislation to forced out because the warming tem- Unfortunately, since he took office, spur energy efficiency innovation and peratures will mean they can no longer President Trump and his administra- other initiatives across the most en- survive. tion have proposed policies that seek ergy-intensive sectors of our economy. Climate change is also affecting the to undermine America’s clean energy Senator WHITEHOUSE talked about the public health of New Hampshire citi- economy and delay our progress toward efforts that we have engaged in over zens. Rising temperatures increase addressing climate change. The admin- the last 7 years. We have introduced smog levels. They heighten the effects istration has proposed rollbacks to our bill into Congress in each Congress of allergy season. They increase the clean car standards that will force over the past 7 years. Each time, we number of children with asthma. New Americans to pay more at the gas are getting a little more momentum in Hampshire has one of the highest child- pump and harm our environment. getting this through. We have gotten hood asthma rates in the country, and Here is a chart that shows very clear- certain provisions of the bill through that has gotten worse because of cli- ly what rolling back CAFE standards— in the last two Congresses. mate change. the vehicle emissions requirements— It has been far too long since Con- Scientists have proven without a would do. By 2035, the rollback would gress passed a comprehensive energy doubt that CO2 and other greenhouse add at least 158 million metric tons of bill, so it is time for us to work to- gases are the primary culprits for the carbon dioxide annually. It would in- gether to pass an energy bill that in- climate changes that we are seeing and crease U.S. fuel consumption by 13.9 cludes energy efficiency. This is bipar- that human activity has increased the billion gallons per year. This is accord- tisan legislation. If it were brought to concentration of these greenhouse ing to the American Council for an En- the floor today, I guarantee you it gases. ergy-Efficient Economy. If we think would pass overwhelmingly, and it If we are going to stop global warm- about that in terms of fossil fuels—this would improve our Nation’s energy ing, the United States must reduce its fuel consumption—that is more fuel policies and help to grow the economy.

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.036 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6761 We have some great examples of what coming down here nearly every week— lenges after serving in Vietnam. For is being done, and Senator WHITEHOUSE usually Wednesday or Thursday—for decades, he lived on the streets in Se- talked about some of what is being the last 2 years to talk about somebody attle. She saw the pain that her uncle’s done around the country to address en- who is making a big difference in my homelessness caused her mom and the ergy efficiency and reduce our energy State, the great State of Alaska. I call rest of the family, and of course her use. this person our Alaskan of the Week. uncle, but then he got help at a place New Hampshire, like Rhode Island, is Most of the people who visit Alaska like Bean’s Cafe, and she also saw the one of the States that are part of the do so in the summer—I was honored positive impact that not only had on Regional Greenhouse Gas Initiative. At the Presiding Officer and his family her uncle but the entire family, the en- the State, local, and grassroots levels, came up to visit this summer—and we tire community. individuals, businesses, and govern- know that is understandable, to come Bean’s is an Anchorage institution. ments are rising to the challenge by in- up when the Sun is high in the sky, but It serves breakfast and lunch every tensifying their efforts to advance en- this time of year is truly magnificent day—about 950 meals a day—to the ergy efficiency and clean energy. in my great State. To borrow a phrase hungry and the homeless. This requires This chart shows what has happened that is no doubt familiar to many, in- the work of about 120 volunteers a day. in the States that have been part of the cluding some of the pages: Winter is People from all across the community Regional Greenhouse Gas Initiative. coming. Winter is coming. come to help out. On any given day, Carbon pollution has gone down 51 per- Every day, the Sun comes up later you will see a business executive, cent, and electricity prices are down 6.4 and sets earlier. Snow is already on the maybe a pastor, a construction worker, percent. For us in New England, where ground in some places in Alaska. In politicians—so many, from all walks of we have very high energy costs, that is some places in the State, the moun- life—serving food to the homeless and very positive. So if you don’t support tains are dusted—termination dust, we hungry. We have also seen the recipi- energy efficiency for any other reason, call it—and that dust is quickly turn- ents of that generosity of food volun- you should support it because it re- ing into deep snow and making its way teering themselves, all of them—such a duces costs. Look at how much in en- down the mountains. It will not be long supportive community—working to- ergy savings to consumers: $773 mil- before it spreads out all throughout gether to help one another. lion. our communities in Anchorage and Bean’s is so much more than a place Since 2009, the nine States in the Re- other cities. The whole State is crack- for a meal. It serves as a mailing ad- gional Greenhouse Gas Initiative have ling with energy to get ready for the dress for their clients. It is a place outperformed the national average in long winter, like we do every year. where you can call a loved one, a place terms of all of these measures. Because For some, though—particularly for to get some dry socks, a hat and a coat, the majority of proceeds are invested the hungry and the homeless—winter warm clothing for the cold winter. You in energy efficiency, they have allowed in Alaska can be incredibly difficult can get help with your VA benefits. electricity prices to fall, and they have and incredibly challenging. Actually, You can get help finding a job or it is saved consumers millions on their en- as we all know here, for the hungry and a place to get out from the cold for a ergy bills. As we look in the outyears, the homeless any time of the year can few hours. billions more are expected in savings, be incredibly difficult and challenging. Lisa said: thanks to those investments in energy In Anchorage, there is a place where Oftentimes, the day that someone walks efficiency and renewable energy under everyone, no matter who you are, is into Bean’s Cafe is the worst day of that per- the Regional Greenhouse Gas Initia- greeted with dignity, respect, and a hot son’s life. And we’re there to greet them tive. meal. The place is called Bean’s Cafe, with compassion and respect. In August of 2017, RGGI’s nine States and the person who makes sure it all Lisa has also expanded the program agreed to strengthen their program by happens and comes together is Lisa to include a very popular program now reducing greenhouse gas emissions at Sauder, the executive director of in Anchorage called Children’s Lunch- least 30 percent more by 2030. New Bean’s Cafe, and Lisa is our Alaskan of box, which provides after-school and Hampshire and other RGGI States have the Week. weekend meals for children. All told, shown the Nation that States can Let me tell you a little bit about between the meals served at Bean’s and make smart clean energy choices that Lisa. She was born in Anchorage and for the Children’s Lunchbox, under benefit the environment while moved to the west coast with her par- Lisa’s guidance, leadership, and pas- strengthening the economy. For those ents when she was a young teenager. sion, more than 700,000 meals were who say we need a market-driven ap- When she graduated from Pepperdine served last year. proach to addressing climate change, University with a degree in commu- Lisa loves her job. She loves how sup- this is a perfect example of that. nications and political science, she was portive the community is. She loves Climate change represents an enor- on her way back home to Alaska. watching people grow and helping them mous challenge, but solutions are with- ‘‘Alaska always calls you when you get the help they need—and then their in reach if we put into place policies leave it,’’ she said. ‘‘It’s always the coming back to help others. She said: that will allow for swift action. We place that feels most like home.’’ We’re all very fortunate here. We get to have a responsibility to help protect She worked at a local bank and the help people, [which is a passion]. Not every- our children and grandchildren from Anchorage Convention and Visitors body can say that. the severe consequences of global Center, where she was able to travel all Lisa’s work extends far beyond warming. We have to start now, and we around the country to talk people into Bean’s Cafe and the Children’s Lunch- have to start with energy efficiency. visiting our great State, particularly box. She is also very involved in Alas- Mr. President, I yield the floor, and I in the off seasons like fall, like now. ka’s recovery community—recovery note that my allergies are a result of Then her husband’s job took them to from addiction, particularly in the past that climate change. the east coast, where they stayed for few years. Mr. WHITEHOUSE. Mr. President, I some time, but, once again, Alaska Anchorage, AK, like the rest of the suggest the absence of a quorum. beckoned, and they returned. community, isn’t immune to what is The PRESIDING OFFICER. The Shortly after coming back home happening all across the country with clerk will call the roll. again, Lisa saw an ad to help run regard to the opioid and heroin crisis. The legislative clerk proceeded to Bean’s Cafe, and she knew she had to The good news is, we are working in call the roll. go for it. She knew that passion was in the Senate and in the House on this Mr. SULLIVAN. Mr. President, I ask her heart. The fact that it is com- issue. We just passed a bill, a very im- unanimous consent that the order for pletely local and completely commu- portant bill, that will help States and the quorum call be rescinded. nity supported was a huge lure to her, communities address this, but we have The PRESIDING OFFICER. Without she said but so was helping and work- a long way to go. objection, it is so ordered. ing with the homeless throughout the Too many young people—people of all TRIBUTE TO LISA SAUDER State. ages—are being lost to us because of Mr. SULLIVAN. Mr. President, as the Lisa’s uncle, for example, was a Viet- this horrible epidemic, and, unfortu- Presiding Officer knows, I have been nam veteran with mental health chal- nately and very tragically, Lisa’s son

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.037 S10OCPT1 S6762 CONGRESSIONAL RECORD — SENATE October 10, 2018 Tucker, 23 years old, was one of those rebukes from across the legal commu- porters do vital work, not just in Wash- we lost. She has put the pain—the deep nity. Three attorneys withdrew from ington but around the country. They pain of losing her son—to good work. the case, and one actually resigned in shine a light on the important issues in She has turned into a fierce advocate objection to the Department of Jus- our communities. Right now, that for those suffering from addiction. She tice’s unprecedented action. means covering the addiction crisis talks about Tucker often, wanting peo- Our Republican Senate colleague that grips our country. ple to know that this can happen to from Tennessee, Mr. ALEXANDER, called Today alone—if today is an average anyone. That is why we need to con- the brief ‘‘as far-fetched as any [he has] day in Ohio, as I assume it is—11 people tinue to focus. ever heard.’’ Mr. Readler had no prob- will die of an opioid overdose. Yester- Through her work and the work of so lem putting his name right at the top day, 11 died. Tomorrow, 11 will die. Fri- many advocates across the State, peo- and filing it. day, 11 will die. ple are finally getting the help they We should not be putting on the We have been working bipartisanly need. Lisa said: bench for life anyone who puts par- to help get communities the resources The peer mentorship that is going on right tisanship ahead of cancer patients or they need. This month we passed a bi- now is saving lives. So much progress has ahead of people with diabetes or ahead partisan package to fight opioid addic- been made. There are so many people who of someone with high blood pressure or tion. It is a start. We need more help have really helped to shine a light on the ahead of Americans’ healthcare. from a generally disengaged White issue. Unfortunately, the White House is House. We need a State government to Lisa is such a force for good in my also chipping away at the ability of get out from under its corruption, day State. She has tenacity, grit, courage, Ohioans with preexisting conditions to to day, that afflicts it and get out and and a huge heart. She is doing so many get affordable coverage that actually do what they should be doing to fight things. For that, we want to thank covers their conditions. Again, we are opioid addiction. Lisa for all she is doing. talking about 5 million Ohioans, tens Everyone has a role to play. Local Congratulations on being our Alas- of millions of Americans. You can talk journalists do vital work keeping Ohio- kan of the Week. about anxiety and autism. You can ans informed of all the resources we I yield the floor. talk about heart disease or heartburn, have in our State. That is why, this The PRESIDING OFFICER. The Sen- cholesterol, stroke, thyroid issues. We week, I want to highlight another story ator from Ohio. are talking about families. We are in an Ohio paper informing the public, HEALTHCARE talking about neighbors. We are talk- reported by a journalist serving his Mr. BROWN. Mr. President, today in ing about some of the people in this community. I remind my colleagues that the the Senate we were faced with two op- body. portunities to side with cancer patients Everyone here, by the way, takes media are not the enemy of the people, over insurance companies. In our coun- care of themselves. We all have good as the White House likes to say, but try, almost everybody would say that health insurance. We don’t mind, ap- they serve our communities. They live we ought to side with the cancer pa- parently, denying it to millions of oth- in our communities. They are part of tients over the insurance companies, ers. our communities. They fight for our but the Senate failed again in both Some Senators think it is fine to let communities. Joshua Keeran reported for the Dela- cases. Let me explain. insurance companies sell junk to our ware Gazette about Maryhaven, a local Today, as we considered this, we constituents back home. These insur- addiction and mental health treatment wanted to make clear whose side we ance policies are just that: They are center. Maryhaven is Central Ohio’s are on. The side the Senate chose, and junk. They are insurance until you oldest and most comprehensive treat- it looks like the Judiciary Committee need the insurance. Allowing insurance ment center. It has been a great part- chose, is not the side of patients. companies to sell these plans drives up ner to my office in our work, along This morning, I testified at the Judi- healthcare for everyone. They weaken with Senator PORTMAN, to help Ohioans ciary Committee’s hearing on the protection for anyone with a pre- fighting addiction. White House’s two nominees to the existing condition. In my conversations with Maryhaven Sixth Circuit Court of Appeals, Chad Under their new rules, insurance clients, it is clear what a difference Readler and Eric Murphy. Both of companies could force Americans with this organization makes in so many these men have a troubling record of preexisting conditions into these junk lives in Central Ohio. Mr. Keeran re- stripping Ohioans of their rights, and plans—and ‘‘junk’’ is the right word— ported on Maryhaven’s Families in Re- Mr. Readler’s actions on healthcare are that barely cover anything. They can covery Program, which provides edu- particularly threatening to millions of charge exorbitant, unaffordable rates cation, training, and counseling sup- Americans—not just the 5 million for a decent plan. port to families confronted with sub- Ohioans who have preexisting condi- Half of my colleagues—exactly half— stance abuse problems. Through its re- tions but millions of Americans with voted for Senator BALDWIN’s motion. porting, the Delaware Gazette is rais- preexisting conditions. Five million Senator BALDWIN, from Wisconsin, has ing awareness about this important Ohioans under age 65, as I said, have been a hero on this. Half of my col- local resource. preexisting conditions. That is half the leagues—all with health insurance paid This kind of reporting is what jour- population in my State. for by taxpayers—have told the people: nalists do every day in every commu- Because of the Affordable Care Act, Sorry, you are on your own. We are let- nity in Utah, Rhode Island, Ohio, and these Ohioans can rest a little easier, ting the insurance companies do what- across the country. That is why they knowing they can’t be turned down for ever they want—rip you off, hike up are deserving of respect. We should re- health coverage or have their rates your costs. That is the way it goes. ject the out-and-out attacks by the skyrocket because their child has asth- It all comes down to whose side you President of the United States and oth- ma or their husband has diabetes or are on. Chad Readler, the President’s ers who call journalism and journalists their wife has been diagnosed with nomination for the Sixth Circuit, has in the media enemies of the people. breast cancer. Mr. Readler is willing to made it clear: He stands with insurance They serve their readers. They serve take that peace of mind away and companies, not with cancer patients. their viewers. They serve their commu- throw those families into financial The administration has made it clear: nities. They deserve our respect. chaos. They stand with insurance companies, I yield the floor. This summer, he did what three ca- not kids with asthma. The PRESIDING OFFICER. The Sen- reer attorneys with the Department of Today, the Senate chose to stand ator from Rhode Island. Justice refused to do. He filed a brief with those insurance companies over RUSSIAN HYBRID WARFARE challenging the law that protects their constituents who need prescrip- Mr. REED. Mr. President, today I Americans with preexisting conditions. tion medicines. rise to continue my series of speeches The next day, the White House ap- HONORING JOURNALISTS on Russian hybrid warfare and the pointed him to a Federal circuit court Mr. President, a free, independent threat it poses to our national secu- judgeship. Filing this brief earned him press is critical to our democracy. Re- rity. Russian hybrid warfare occurs

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.039 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6763 below the level of direct military con- Instead, they are deploying these tac- the poisoning of Sergei Skripal, a flict, yet it is no less a threat to our tics aggressively but below the thresh- former Russian military intelligence national security and the integrity of old of where they assess we will re- officer, and his daughter on British soil our democracy and our society. We spond with conventional weapons. One and Putin’s threat against Ambassador must reframe our thinking to under- such example was the hybrid warfare McFaul and other U.S. Government of- stand that these are attacks from a operations the Kremlin deployed in ficials at the Helsinki Summit. These foreign adversary on our democratic Crimea, including covert forces some- events may seem unrelated, but they institutions, our free markets, and our times referred to as ‘‘little green men’’ are actually part of a pattern of mali- open society. and the use of coercive political tac- cious and threatening Russian behav- We recently honored our fallen and tics, including an illegitimate ref- ior. observed the attacks of September 11, erendum. Today, I will explain the connection 2001. The 9/11 Commission Report, Now, previously I have addressed as- and make recommendations for how we which looked into what happened after pects of Russia’s hybrid warfare oper- can deter and counter Russia’s use of the attacks, assessed that one of our ations against the United States deal- dirty active measures as part of its hy- government’s failures in preventing ing with tactics of financial malign in- brid warfare operations below the level those attacks was a failure of imagina- fluence and multiple hybrid tools they of military conflict. tion. Now, too, we have the Director of have deployed against our democratic Dirty active measures have a long and sordid history in Russia and the National Intelligence telling us that elections. Today I will discuss another Soviet Union, dating back to czarist the ‘‘system is blinking red,’’ akin to Russian tactic and its hybrid warfare times. For assassinations, poison was the threats we received before 9/11. We arsenal: the use of assassination, po- often the weapon of choice, including must be focused on the current prob- litically motivated violence, intimida- the attempted cyanide poisoning of lem as a national security threat. This tion, or detention to pursue the Krem- Rasputin in 1916. In 1921, Lenin opened threat requires that the United States lin’s objectives. These tactics are a poison laboratory to test methods to defend itself against hybrid attacks sometimes referred to as dirty active be used against political enemies with the same level of commitment measures. named the ‘‘special room,’’ which was and resolve as we would against a mili- With dirty active measures, the im- also known as the ‘‘lab of death.’’ At mediate attack is deployed against an tary attack against our country. this lab, they developed the nerve For far too long, we have failed to individual who is working counter to agents known as novichoks, which recognize that hybrid attacks are the the Kremlin’s strategic goals by chal- were designed to be undetectable and new Russian form of warfare. As laid lenging Putin’s power base, exposing were recently deployed against the out in the Russian National Security corruption, or unearthing hybrid war- Skirpals. These tactics were amplified Strategy of 2015, the Kremlin’s ap- fare operations. under Stalin and featured killings by proach to conflict includes weaponizing But the damage of these hybrid war- hired assassins, staged automobile ac- fare tactics goes well beyond the indi- tools and resources from across govern- cidents, and poisonings, used inside ment and society. The Russian strat- vidual killed, hurt, threatened, or Russia and deployed abroad. Stalin no- egy states: ‘‘Interrelated political, jailed by the Kremlin. These tactics toriously said: military, military-technical, diplo- cause chaos, fear, and instability to by- Death solves all problems. No man, no matic, economic, informational, and standers and have a deterrent effect, problem. other measures are being developed and sending a chilling message to others Given President Putin’s background that might seek to challenge the Krem- implemented in order to ensure stra- as a spy master, it should come as no tegic deterrence and the prevention of lin’s rule. surprise that Russia’s use of dirty ac- Further, the reach with which Putin armed conflicts.’’ tive measures have continued under his The Russian strategy describes the has deployed these weapons inside Rus- regime. Before becoming Prime Min- conventional and nonconventional are- sia, across Ukraine, Europe, and even ister and President, Putin spent the nas of warfare as the Kremlin envisions in the United States instills fear that if majority of his career in the KGB, the it and how Russia has utilized all of the Kremlin wants to get rid of you, state’s security service, and its suc- the tools of statecraft to engage an ad- there is nowhere to hide. cessor, the FSB. versary without, in many cases, firing Like all aspects of Russian hybrid As Russian journalist Andrei a shot. These different disciplines warfare, dirty active measures are part Soldatov wrote, the KGB’s ‘‘main task make up a Russian hybrid approach to of a pattern of behavior that serve Rus- was always to protect the interests of confrontation below the threshold of sia’s strategic interests. Putin’s high- whoever currently resided in the Krem- direct-armed conflict, a method that est strategic objective is preserving his lin.’’ In this system, loyalty and fidel- has been developing and escalating grip on power. He also seeks to operate ity to the state is prized above all, and since the earliest days of Putin’s rise unconstrained domestically and in the Putin’s values were shaped by it. to power in Russia. near abroad. Finally, Putin seeks for In 2005, Putin lamented that the The main tenets of the Kremlin’s hy- Russia to be seen equal to the United breakup of the Soviet Union was the brid operations are these: information States and to regain the great power greatest geopolitical tragedy of the operations with cyber tools, which peo- status it lost at the end of the Cold 20th century. When he assumed power, ple commonly think of as hacking; War. he resurrected a system that reflected propaganda and disinformation; manip- He knows he cannot effectively com- Soviet methods. He employed all of the ulation of social media; and malign in- pete with the United States in conven- instruments of the state, including the fluence, which can be deployed through tional ways and win. Instead, he seeks Parliament, the courts, and security political, legal, or financial channels. to use tools from his hybrid warfare ar- services, to protect his power base and A further characteristic of Russian senal in order to divide us from our al- to allow him to pursue strategic objec- hybrid warfare is denial and deception lies and partners in the West and weak- tives in the foreign arena uncon- used to obscure its involvement. The en our democratic societies from with- strained. Kremlin deploys more than one hybrid in. Putin’s use of hybrid warfare tactics warfare tactic simultaneously to pro- The Putin regime has been engaged of assassination, political violence, in- vide maximum effect. in a pattern of dirty active measures timidation, and detention—the dirty A look at the Russian hybrid warfare for more than a decade, and the tempo active measures—are tenets of this sys- doctrine also illuminates that the has only increased since he retook the tem he created to cement his hold on Kremlin sees deterrence and prevention Presidency in 2012. These tactics have power. differently than we do. This is a crit- increasing implications for the United Putin has also manipulated the Par- ical point. We see deterrence as a way States and allied national security. liament and the court system to make to avoid conflict. They are not merely I want to address this tactic of dirty and enforce laws that manufacture using these tactics as deterrence or active measures because it has taken legal consent for tactics of dirty active strategic prevention in the way we on greater urgency due to recent measures. As opposition activist Vladi- think about these conflicts. events. In particular, I am thinking of mir Kara-Murza, who survived being

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.040 S10OCPT1 S6764 CONGRESSIONAL RECORD — SENATE October 10, 2018 twice poisoned, wrote recently in the These tactics of dirty active meas- which demonstrates the willingness of Washington Post, ‘‘in Vladimir Putin’s ures have been used with impunity in- the Kremlin to use these tactics not Russia, laws are often passed with spe- side Russia to silence and intimidate only for domestic political purposes cific people in mind, whether to reward Kremlin critics and preserve the sys- but also as part of its hybrid warfare or punish.’’ Notably, in July of 2006, tem of power Putin created. They have operations to advance Russia’s stra- the Russian Parliament gave President been unleashed against journalists, op- tegic interests against other countries. Putin permission to use Russian armed position leaders, oligarchs, and others Similar to other tactics of hybrid forces and security services to per- seen as betraying the system. A Senate warfare operations, Ukraine is usually petrate extrajudicial killings abroad on Foreign Relations minority staff report where Russia deploys these tactics people that Moscow accused of extre- from January detailed more than two first, a testing ground for tools that mism. Companion legislation passed dozen Kremlin critics who died under may be deployed in the West at a later about the same time expanded the defi- mysterious circumstances in Russia time. nition of extremism to include libelous since Putin took power in 2000. The re- We see these tactics of dirty active statements about Putin’s administra- port separately compiled violent at- measures deployed in Ukraine as far tion. This legislation effectively gave tacks and harassment on human rights back as 2005, when the more Western- those who carry out dirty active meas- activists and journalists. oriented Viktor Yushchencko was ures immunity. Russian opposition activists are also poisoned after he won the Presidency, In addition to the use of the legisla- a target of dirty active measures inside beating Victor Yanukovych, the pre- tive and legal mechanisms at their dis- Russia. One example was the assassina- ferred pro-Russian candidate. posal, the Kremlin unleashes a barrage tion of Boris Nemtsov, a popular re- The Kremlin continues to deploy of propaganda against those targeted gional Governor and Deputy Prime dirty active measures, including assas- for dirty active measures. These infor- Minister under Yeltsin, who became sination, in Ukraine with impunity. mation operations contribute to a cli- disenchanted with Putin’s political Last May, Denis Voronenkov, a former mate of fear targeting both the individ- system. He publicly exposed extensive FSB colonel and a former Russian Par- corruption and covert use of Russian uals the Kremlin is trying to silence liament Member, was shot in the head hybrid warfare tactics in Ukraine. and the broader population. Propa- on a crowded Kiev sidewalk in broad Arkady Ostrovsky, a Moscow cor- ganda campaigns are also deployed daylight. Voronenkov was once a close respondent for the Economist, de- after the dirty active measure is car- Putin ally who used his position to pro- scribed the tactics of intimidation de- ried out, in order to sow confusion and mote key Kremlin priorities, including, ployed against him, including that he make people doubt whether Russia is ironically, annexing Crimea. He fled to was stigmatized as a ‘‘national traitor’’ culpable. Ukraine in October of 2016 and began to and an ‘‘American stooge.’’ He was de- Putin and his inner circle have drawn criticize Putin’s government. He was monized on television and on the a distinct narrative, branding those slated to provide testimony to Ukrain- streets banners with Nemtsov’s face who oppose the Kremlin as criminals, ian authorities that would expose were hung on building facades framed thus deeming them as deserving of pun- Kremlin deliberations prior to hybrid by the words ‘‘fifth column—aliens ishment. They are often also accused of warfare operations against Ukraine. among us.’’ being part of the so-called ‘‘fifth col- These threats were followed with Forebodingly, a few days before his umn,’’ Russians that Putin defines as Nemtsov being brazenly assassinated murder, he told the Washington Post: advancing foreign interests. steps from the Kremlin. Nemtsov ap- ‘‘They say we are traitors in Russia.’’ Worse than criminals in Putin’s mind pears to have been killed for exposing Again, the idea that he could be shot are those the Kremlin viewed as having corruption in Putin’s inner circle and brazenly in broad daylight served as a been loyal in the past but who are now trying to serve as a constraint on his warning to others who might want to working against the interest of the ability to conduct hybrid warfare oper- expose hybrid warfare operations to state. These people are branded as trai- ations in Ukraine. These acts were think twice, and that they can’t escape tors, and as the New York Times re- clearly seen as a threat to Putin’s even if they leave Russia. ported last month, traitors hold a spe- power and his ability to act with impu- Similar tactics were deployed cial status for Putin. Putin’s disdain nity. against Montenegro as it considered for traitors stems from the early days Attacks of dirty active measures in- and ultimately chose to join NATO in of the end of the Cold War, when dozens side Russia continue unabated. This 2015 and 2016. The Kremlin saw the of former Soviet intelligence officers April, Russian journalist Maxim Montenegrin Government’s decision to became defectors or informants for the Borodin fell to his death after inves- move closer to the West as a threat to West. tigating the Wagner paramilitary its strategic interests, including Rus- According to the Times, ‘‘Mr. Putin forces linked to a close Putin ally and sia’s ability to operate in Eastern Eu- cannot speak of them without a lip Russian troll farm patron, Yevgeny rope unconstrained. curl of disgust. They are ‘beasts’ and Prigozhin. Three additional Russian When several other hybrid warfare ‘swine.’ Treachery, he told one inter- journalists who were investigating operations, including propaganda and viewer, is the one thing he is incapable Prigozhin-sponsored, Kremlin-linked information operations, failed to keep of forgiving. It could also, he said dark- military activities, particularly in the Montenegro from joining the alliance, ly, be bad for your health.’’ Central African Republic, were killed Russian military intelligence officers Putin publicly threatened those con- under suspicious circumstances in Au- planned and attempted to execute an sidered traitors on multiple occasions. gust. Just a few weeks ago, the pub- election day coup that included a plan One of those episodes occurred in 2010. lisher of a website that exposes Krem- to assassinate the Montenegrin Prime After a spy swap between Russia and lin abuses in the criminal justice sys- Minister. The attempt on the Prime the United States, which included the tem fell ill from apparent poisoning. Minister’s life was unsuccessful, fortu- recently poisoned Skripal, Putin stated This attack occurred on the same day nately. However, it showed the ex- ominously: ‘‘A person gives his whole he expected to receive the results of an tremes to which the Kremlin would go life for his homeland, and then some investigation he commissioned into the and the methods that were used to try . . . [blank] comes along and betrays deaths of the journalists in the Central to maintain its strategic interests. such people. How will he be able to African Republic. Beyond Ukraine and Montenegro, the look into the eyes of his children, the As I have detailed here, these attacks Kremlin has increasingly demonstrated pig? Whatever they got in exchange for are not officially linked back to the a willingness to use dirty active meas- it, those thirty pieces of silver they Kremlin, allowing for plausible ures in the West, suggesting a sense were given, they will choke on them. deniability, but are part of a clear pat- that Russia feels it can operate with Believe me.’’ tern of tactics deployed against those impunity even in these countries. For Putin, labeling his political op- who work to expose activities that may One Western country where a pattern ponents in these stark terms helps to hurt Putin’s base of power. of Russian dirty active measures ap- justify the dirty active measures de- Putin has resorted to using dirty ac- pears prominently is in the United ployed against these individuals. tive measures beyond Russia’s borders, Kingdom. Investigative reports have

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.041 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6765 unearthed an estimated 16 suspicious the future or try to constrain or chal- as Ambassador to Russia from 2012 to deaths over the past 12 years, and that lenge his power. 2014. may not even be the totality. The pattern of dirty active measures During McFaul’s time as Ambassador The most well-known measure of also extends to the United States. This to Russia, the Kremlin unleashed its Russian dirty active measures inside includes Mikhail Lesin, a former Krem- hybrid warfare playbook against him. the UK is Alexander Litvinenko, a lin insider who was crucial to Putin’s They denounced him as an enemy and former KGB and FSB officer who blew consolidation of the Russian media. had security forces follow his family. the whistle on corrupt practices of the Lesin was also responsible for the rise The Kremlin also deployed a FSB. While Litvinenko had retired of Russian TV and internet platform disinformation campaign against him from spying, he did consulting work RT, a tool the Kremlin uses to deploy that accused him of being a pedophile. with the British and Spanish intel- propaganda and disinformation across The Kremlin was using these active ligence services, helping both govern- the world, including against the United measures in an attempt to instill fear ments understand connections between States during the Presidential election in him and others that they could be the Russian mafia, senior political fig- in 2016. killed, hurt, or jailed for doing the ures, and the FSB. Further, he contin- Lesin was reported to have had a fall- work of the U.S. Government. ued to speak out against the Putin gov- ing out with two members of Putin’s The United States and Western coun- ernment and expose Kremlin corrup- inner circle, including a longtime tries more broadly must understand tion. friend known as Putin’s banker. Lesin that these attacks are not random; Because of these actions, the Kremlin was found dead in a Washington, DC, they are part of a pattern, a doctrine of branded Litvinenko a traitor. He re- hotel room in November of 2015. The hybrid warfare being expressed across ceived threatening emails from a DC coroner concluded that the death the globe. We need to understand that former colleague who told him to was accidental and that he died alone, assassinations, violence, threats, and ‘‘start writing a will.’’ Litvinenko was despite noting that Lesin had sustained intimidation are tools and tactics that later poisoned with polonium-210. The blunt force injuries to his neck, torso, Putin is using to achieve strategic or poisoning also served as a deterrent to and upper and lower extremities. Lesin foreign policy goals, and these activi- others. was allegedly planning to tell the se- ties are harming our national security. The day after Litvinenko’s death, a crets of a major component of the For instance, the New York Times member of the Russian Parliament Kremlin’s hybrid warfare operations to reported in August that vital Kremlin stated: the Justice Department when he ap- informants have gone silent, leaving The deserved punishment reached the trai- peared to have conveniently died be- our intelligence community in the tor. I am sure his death will be a warning to fore he could explain its inner work- dark about what Russia’s plans are for all the traitors that Russian treason will not ings. November’s midterm elections. The re- be forgiven. Similar to other dirty active meas- port continues that American officials Litvinenko’s poisoning served as a ures campaigns, the Kremlin unleashed familiar with the intelligence ‘‘con- prologue for the poisoning of Sergei a disinformation campaign to ensure cluded they have gone to ground amid Skripal 12 years later. Skripal was a plausible deniability and generate con- more aggressive counterintelligence by former Russian military intelligence fusion about the circumstances sur- Moscow, including efforts to kill officer who was convicted of being a rounding his death. Here, too, Lesin ap- spies.’’ double agent and sentenced to prison. pears to fit the pattern of being tar- These are not just brutal tragedies or As I mentioned earlier, he was traded geted for revealing aspects of the hy- incidents; the use of dirty active meas- as part of a spy swap in 2010. He was brid warfare campaigns that the Krem- ures are purposeful and are intended to given asylum in the United Kingdom. lin has come to rely on. advance Putin’s agenda short of using Press reports indicate that, similar to In what appears to have been an even tools of conventional warfare. Litvinenko, Skripal appeared to have more brazen move for Putin, he en- The United States must lead with been working with the Spanish, Czech, gaged in dirty active measures while strong denouncements against dirty and Estonian intelligence services. the whole world was watching. While active measures and all other hybrid This March, he and his daughter were standing next to President Trump in tactics used by Russia or any other poisoned by novichok sprayed on the Helsinki, President Putin proposed country. It is particularly critical that door handle of his Salisbury, England, that he would allow Special Counsel the President denounce Russian home. In conjunction with the assas- Mueller to interview the 12 Russian threats against U.S. officials for their sination attempt, Kremlin officials de- military intelligence officers indicted actions in carrying out U.S. foreign flected, denied, and deployed absurd on charges of ‘‘large-scale cyber oper- policy or advancing our national secu- propaganda and disinformation. They ations to interfere with the 2016 Presi- rity interests. Instead, the President’s unleashed an estimated 2,800 bots to dential election.’’ But there was a deference to Putin at Helsinki sent the cast doubt on Prime Minister May’s as- catch. Putin announced that in return, wrong signal to Putin in the face of his sessment that Russia was responsible he would expect that Russian authori- threats. and to amplify divisions among the ties would be able to question current Fortunately, the Senate has taken British people. They blamed the West and former U.S. Government officials some action, including voting 98 to 0 to for the poisoning and suggested it was whom Putin described as having protect our diplomats and other gov- a hoax. Once the UK named suspects ‘‘something to do with illegal actions ernment officials implementing U.S. and pointed a finger at Russian mili- on the territory of Russia.’’ President policy after Putin requested they be tary intelligence, the two alleged per- Trump stood next to President Putin turned over for questioning. However, petrators went on TV and absurdly during this disinformation operation our government must speak with one claimed to be sports nutritionists with and endorsed it as being an ‘‘incred- voice and send consistent messages a yearning desire to visit a Salisbury ible’’ offer that he and his administra- that this kind of action will not be tol- cathedral. tion actually considered. erated and that Putin will pay con- Again, these killings are part of a The very next day, Russian officials sequences for his behavior. pattern. Both Litvinenko and Skripal announced a list of 11 accused ‘‘crimi- While it is important that we respond were part of security services. They nals’’ whom they wanted to interrogate to these attacks, including with un- turned on the state and were deemed because, in the course of doing the equivocal denouncements of these tac- traitors. Even when they appeared to work of the United States of America, tics by the President and by the Con- be safe, they were targeted for dirty ac- they took stances that the Kremlin op- gress, we should not be in the business tive measures, sending the message posed. Among those listed was a con- of trying to respond to these attacks that the Kremlin was the ultimate ar- gressional staffer who helped write the symmetrically. Putin resorts to using biter and that they could reach trai- Magnitsky sanctions act and former these tactics because he believes they tors anytime or anywhere. This mes- U.S. Ambassador to Russia Michael give him an advantage over the West. sage was also directed at others who McFaul, who served as the point person We need to stay true to our ideals of might wish to expose Putin’s secrets in during the Obama Administration and democracy, human rights, and liberty.

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.043 S10OCPT1 S6766 CONGRESSIONAL RECORD — SENATE October 10, 2018 We don’t need to normalize or legiti- Because the Kremlin has based its eco- sure to isolate those who flout or do mize these methods by engaging in nomic model and its survival on kleptocracy, not enforce sanctions on Russia. them ourselves. Doing so would simply sanctions and other policy instruments dedi- Another form of pressure should be cated to preventing the furtherance of cor- an increase in assistance to pro-democ- create a false moral equivalence that ruption—or worse yet in the minds of the plays right into Putin’s hands. Instead, Kremlin, to providing accurate information racy and civil society groups in Russia we must employ responses that play to to the Russian people of the extent of this and in nations of the former Soviet our strengths. We stand for trans- corruption—are a powerful countermeasure Union. Working with these groups in parency and accountability in the to Russia’s malign behavior. conjunction with our allies, partners, United States. We stand for the rule of The Magnitsky sanctions, along with and the private sector would provide law. We must develop and implement a those designated under the Countering another means of raising the costs of comprehensive strategy that deploys America’s Adversaries Through Sanc- Putin and his oligarchs. Putin is tools that are consistent with and tions Act, or CAATSA, threaten threatened by the success of democ- showcase these values. We must shine a Putin’s power structure and present a racies and private enterprise. light on corruption at the highest lev- counter-narrative of corruption and In addition to sanctions, we must els of the Putin regime. We must shine abuse by the Kremlin. continue to play a strong role in law a light on how Putin’s cronies are hid- We need to continue to use these enforcement, along with our allies and ing their ill-gotten gains in the West. sanctions to hold those who are partners. That includes aggressive We must deploy a systematic and stra- complicit in dirty active measures and prosecution of murders and threats of tegic messaging campaign that those who are responsible for aggres- violence to limit the impunity. With counters the base of Putin’s power, rep- sion, corruption, and interfering in our Litvinenko, it took almost 10 years for utation, and funding. elections accountable. Ratcheting up the United Kingdom to have an official We must take these actions in con- sanctions on those in Putin’s inner cir- inquiry into the assassination. The cert with our allies and partners. In re- cle is a way to make Putin and his cro- United Kingdom has acted quicker in sponse to the Skripal poisoning, the nies feel pain and has the potential to the wake of the Skripal poisoning, United States expelled 60 Russian dip- change their behavior. Additional sanc- moving to identify suspects and hold lomats, joining with more than 25 ally tions should be imposed on oligarchs the Kremlin accountable for these ac- and partner nations in applying diplo- and high-ranking government officials tions. We need to adopt UK’s lessons matic pressure on Russia. This action to target Putin’s base of power and fur- learned to ensure that those who seek sent a strong signal that the world ther expose the corrupt nature of their to use these weapons will be prosecuted would not allow Putin to act with im- sources of income. fully and without delay. punity. When we act together with our We should also consider declassifying We have missed too many of these allies and partners to push back the so-called 241 report compiled by the dirty active measures operations for against these hybrid operations, it im- intelligence community along with the far too long. We must recognize this is poses a cost to Putin’s reputation on Departments of Treasury and State. an element of Russia’s hybrid warfare. the world stage, which thwarts one of This report required an assessment of We must not fail to have the imagina- his major strategic interests. the net worth of senior Kremlin offi- tion to see what is happening right be- While these steps were in the right cials and oligarchs, their relationship fore our eyes. We must do more to direction, they have been undermined to Putin and his inner circle, and evi- identify and attribute these attacks by the President’s words and actions. dence of corrupt practices. If we were from Russia. These attacks have only Despite punitive measures in response to release such a report—with grown more brazen and will not stop to the Skripal poisoning, the Kremlin redactions for portions with national unless we take strong measures to thought that the Helsinki summit security implications—to the public, it counter them and send the message erased that damage. Press reports indi- would further expose malign activity that dirty active measures are unac- cate that Western and U.S. intelligence and unexplained streams of wealth. ceptable and will be costly to Russia or agencies assessed that the Kremlin was Congress has provided many tools for any other country which uses them. pleased with the outcome of the sum- the administration to implement, and I yield the floor. mit at Helsinki and is confused as to it is time to utilize them fully. Imple- I suggest the absence of a quorum. why President Trump is not imple- menting them in a transparent, public The PRESIDING OFFICER (Mr. SUL- menting more Russia-friendly policies. manner is likely to cause reputational LIVAN). The clerk will call the roll. One important tool in our arsenal for harm to Putin himself and restore a The senior assistant legislative clerk holding the Kremlin accountable is level of confidence in the administra- proceeded to call the roll. sanctions, including those on Putin’s tion here at home. However, specifi- Mr. MCCONNELL. Mr. President, I inner circle. In particular, sanctions cally targeting sanctions this way is ask unanimous consent that the order implemented under the Magnitsky Act unlikely to cause large-scale harm to for the quorum call be rescinded. appear to be particularly threatening the Russian people or to our European The PRESIDING OFFICER. Without to him. This act was passed in response allies. objection, it is so ordered. to the death of Sergei Magnitsky, who It is very clear that implementing UNANIMOUS CONSENT AGREEMENT uncovered massive tax fraud and cor- sanctions is far more effective when Mr. MCCONNELL. Mr. President, I ruption that was traced back to Krem- done with the cooperation of the inter- ask unanimous consent that notwith- lin officials. He was arrested in Russia national community. The most effec- standing the provision of rule XXII, all and placed in jail, where he was tor- tive sanctions regimes are those that postcloture time on the Clark nomina- tured until he died. are implemented in a multilateral tion be considered expired at 12:10 p.m. The origins of the Magnitsky Act fashion. on Thursday, October 11, and that if were to hold accountable those in the I urge the administration to engage confirmed, the motion to reconsider be Russian Government who were with our allies and partners to coordi- considered made and laid upon the complicit in Magnitsky’s abuse and nate sanctions enforcement and further table and the President be immediately death by sanctioning their assets and escalatory steps as warranted. That in- notified of the Senate’s action. barring them from receiving American cludes working through diplomatic The PRESIDING OFFICER. Without visas. Subsequently, the Magnitsky channels to ensure that the sanctions objection, it is so ordered. Act has been expanded to include oth- placed on Russia by the European f ers who are culpable of acts of signifi- Union remain in place. A coordinated cant corruption and abuse. front of the United States and our Eu- LEGISLATIVE SESSION Russia expert Heather Conley of the ropean allies provides the greatest Center for Strategic and International chance of successful implementation of Studies testified recently at a Banking sanctions and deterring further aggres- MORNING BUSINESS Committee hearing about the signifi- sion by Russia. Mr. MCCONNELL. Mr. President, I cance of the Magnitsky sanctions to The administration must also place a ask unanimous consent that the Sen- Putin. She said: premium on exerting diplomatic pres- ate proceed to a period of morning

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