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S5474 CONGRESSIONAL RECORD — SENATE July 31, 2018 will take longer for new animal drugs The PRESIDING OFFICER. Is there Over the course of decades, if not and treatments to be available to farm- objection? centuries, that was always part of the ers, ranchers, veterinarians, and fami- Without objection, it is so ordered. American political life, but it was a lies, but, fortunately, because of the The bill was ordered to a third read- minority position. With the Trump ad- cooperation today, that will not hap- ing and was read the third time. ministration, immigration issues have pen. Mr. ALEXANDER. I know of no fur- been front and center. We have seen The Health, Education, Labor, and ther debate on the bill. that many times. Pensions Committee, our committee, The PRESIDING OFFICER. Is there Years ago, I introduced the Dream approved the Senate version of this bill further debate? Act. The Dream Act said that if you on February 28 of this year by a bipar- If not, the bill having been read the were brought to this country, undocu- tisan vote of 22 to 1. The bill passed the third time, the question is, Shall the mented as a baby, as a child, you House in almost identical form that bill pass? should have a chance to earn your way was approved by the HELP Committee The bill (H.R. 5554) was passed. to legal status to become part of Amer- in February, but the House bill, as Sen- Mr. ALEXANDER. I ask unanimous ica’s future. I have tried to pass that ator MURRAY said, expands conditional consent that the motion to reconsider bill, and I have been successful in the approval to encourage innovation and be considered made and laid upon the Senate a few times. We have been suc- competition. table. cessful in the House, but it has never Conditional approval allows a drug to The PRESIDING OFFICER. Without made it through both Chambers to be- go to market once it meets the Food objection, it is so ordered. come the law of the land. and Drug Administration safety stand- Mr. ALEXANDER. I yield the floor. President Obama created a program ards, and then the drug company has f called DACA, based on the Dream Act, up to 5 years to prove the drug is effec- INTERIOR, ENVIRONMENT, FINAN- which allowed those who qualified to tive. Based on bipartisan feedback CIAL SERVICES, AND GENERAL have 2-year temporary, renewable sta- about conditional approval, the House GOVERNMENT APPROPRIATIONS tus, protected from deportation, with of Representatives agreed to make ACT, 2019—Continued the legal right to work. three changes in its bill: No. 1, a 10- Last year, President Trump abol- year sunset for conditional approval; The PRESIDING OFFICER. The Sen- ished the program, and 790,000 young No. 2, clarify the conditional approval ator from . people who were protected—who had does not require an additional fee to be Mr. DURBIN. Mr. President, I ask registered with the government, who paid to the Food and Drug Administra- unanimous consent to speak as in had paid a filing fee, who had gone tion; and, No. 3, a Government Ac- morning business. through a criminal background check The PRESIDING OFFICER. Without countability Office report on condi- and were going to school and working— objection, it is so ordered. tional approval. were told their protection would go Senator MURRAY and I agree that we IMMIGRATION away. need to clarify what it means for a Mr. DURBIN. Mr. President, from the Were it not for a court decision to drug to be ‘‘difficult to study.’’ I have earliest moments in the Presidential protect them, many of them would be talked to Dr. Scott Gottlieb, the Com- campaign, made it clear deported today. But that court decision missioner of the Food and Drug Admin- that immigration was an important can change any day, any week, any istration about these concerns, and he issue to his election. You will recall month. agrees. Dr. Gottlieb has agreed to statements that he made about the We tried in February on the floor of quickly issue guidance and develop reg- construction of the wall on the south- the Senate to come up with a bipar- ulations that provide clarity on what ern border of the United States. He tisan approach to solving this problem, ‘‘difficult to study’’ means and that do called it the big, glorious, gorgeous but we fell short. When a bipartisan not change the gold standard of the 2,000-mile wall, and he promised us group of Senators came up with a pro- Food and Drug Administration’s drug that the Mexicans would pay for it. posal, which I supported and which re- approval process. Over and over he promised us they ceived over 50 votes, at the end of the Also, conditional approval is not would pay for it. That wasn’t the only day, the Trump administration opposed available for antimicrobial drugs. The reference made to immigration during it, so it went down, and we did not an- language in the bill is clear, and Dr. the course of the campaign, so it came swer the need for the passage of legisla- Gottlieb understands that conditional as no surprise, when President Trump tion. approval is not available for anti- was elected, that immigration became There is a new issue before us, one microbial drugs. a major issue in his administration. most Americans are well aware of; that Congress will also conduct oversight It is ironic, in a way, that this Na- is, the President’s announcement of to make sure conditional approval is tion of immigrants called America what is known as the zero tolerance achieving the goal of helping more pets would have such struggles these days policy. It started at the beginning of and keeping our food supply safe. This with the issue of immigration. Many of April, and it was a policy by our gov- bipartisan legislation will help keep us can trace our origins to recent im- ernment to literally arrest and charge animals healthy, prevent disease out- migrants. In my own case, my mother every person who came to this border breaks, and protect our food supply. was an immigrant to this country, and without legal status. Mr. President, I ask unanimous con- here her son turned out to have a full- You could come to the United States sent that the Senate proceed to the im- time government job as a U.S. Senator. without legal status and apply to be- mediate consideration of H.R. 5554. My story is my family’s story, but it come a person protected with asylum The PRESIDING OFFICER. The is also America’s story of how the sons or a refugee. Just coming to the border clerk will report the bill by title. and daughters of immigrants came itself is not a crime if you come for The legislative clerk read as follows: here and tried to—and in many ways that purpose. A bill (H.R. 5554) to amend the Federal did—make a difference in the country But this new zero tolerance policy Food, Drug, and Cosmetic Act to reauthorize we live in. Despite that fact, despite said that they would charge every per- user fee programs relating to new animal the Statue of Liberty and all of our son who came to the border as a crimi- drugs and generic new animal drugs. heritage from immigrants coming to nal. Well, one thing led to another be- The PRESIDING OFFICER. Is there America, there has always been a polit- cause once a person has been charged objection to proceeding to the meas- ical voice and a political force that has as a criminal—even as a misdemeanant ure? resisted more immigration. criminal—in most circumstances, their Without objection, notwithstanding There were people who have said: We children, minors in their custody, are rule XXII, the Senate will proceed to have enough. They are going to take removed from them. That is exactly the measure. our jobs. They don’t practice our reli- what happened. In 2,700 cases, our gov- Mr. ALEXANDER. I ask unanimous gions. They don’t speak our language. ernment, under the President’s zero consent that the bill be considered read Their food smells funny. We don’t like tolerance policy, forcibly removed chil- a third time. the way they dress. dren from their parents.

VerDate Sep 11 2014 03:00 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.021 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE July 31, 2018 CONGRESSIONAL RECORD — SENATE S5475 We had a hearing on it today, and it the room. I remember two little girls That is a pretty healthy margin in a is the reason I have come to the floor. holding hands, walking into the room, Chamber that is often bitterly divided. We asked the heads of the agencies who cutest little things, and they looked We had comprehensive immigration created this policy some basic ques- like twins because their hair was fixed reform. So what happened to it? It tions. We asked them if they had cre- the same way. It turns out that they crossed the Rotunda into the House of ated a means of determining what were not twins; they were not even sis- Representatives and disappeared. They would happen to the children, where ters. One of the little girls said: ‘‘No, never held a hearing, and they never the parents would be, and how they amigas’’—friends. called a bill. They ignored it com- would be reunited. The sad answer, the I watched them. They held on to one pletely. They left the mess that we now real answer, is no. another through the entire meeting, have in place. So when a Federal judge in Southern and as they left the room, they held Well, we need to return to this issue, California stepped in and said that the hands together. They were clinging to and we need to do it quickly. We need zero tolerance policy must end, and the only connectivity—the only an- to make sure that we have another now there must be a reunification of chors—in their lives: other children comprehensive immigration reform bill these families—parents with their chil- who were going through the same expe- that starts addressing the basic issues dren—it turned out that this Govern- rience. They had been forcibly sepa- we addressed in our last effort. That, to ment of the United States of America rated from their parents. me, is the only way to put us on the did not have the records to reunite par- I brought some cards with me, made right track to do the right thing. ents and children. by kids of my staff in Chicago—just In the meantime, there are too many They literally turned thousands of cards with stickers on them, construc- victims, and too darn many of them people loose, trying to match up these tion paper with little messages, some are children. We can do better as a na- kids with their parents—kids who had in Spanish, some in English. I let the tion. The United States is a caring and been separated by our government at kids choose from these cards if they compassionate nation. We have proved the border. You think to yourself, as wanted them. Every single one of them it over and over again throughout our one of my colleagues said: When you took one and hung on to it like it was history. We need to do it again. take your child into Chuck E. Cheese, a Christmas gift. NATIONAL DEFENSE AUTHORIZATION BILL they sometimes give them little plastic What is it like for these children to Mr. President, I want to discuss the bracelets so that they don’t get lost be separated at that early age? I am conference report that is coming over and we know who that little child be- not an expert. I have been a dad and a for the 2019 National Defense Author- longs to. grandfather, if that gives me any claim ization Act. I want to thank Senator JOHN Our Federal Government didn’t do to expertise. But when you turn to the MCCAIN, who has been absent from the that, and, as a consequence, thou- experts, the pediatric physicians, they Chamber for months, but we think of sands—thousands—of children were say that it is institutional child abuse him every day and remember fondly his turned loose into a system, and when to forcibly remove children from their amazing ability to shepherd this bill the court order was applied we couldn’t parents and set them off in a strange through the Senate and through con- comply; we couldn’t reunify them. setting, this institutional setting, for ference committee; JACK REED, the Where are we today? Today, out of weeks and for months, and that is ex- Democrat serving on that same defense the 2,700 or more children who were actly what we did. authorization committee; JIM INHOFE separated from their parents, we have The President finally realized that he of Oklahoma, who has stepped in to fill reunified about 2,000 of them, roughly, was wrong and reversed the policy, but in for JOHN MCCAIN in his absence; Con- but for 711, we are still short of bring- the kids are still there. The kids have gressman THORNBERRY, Congressman ing the reunification together; the par- not been united, and we have not SMITH, and all of those who worked on ents are not reunited with their chil- solved the problems that face this this conference agreement. dren. For 94 of these children, we do country. Since I am the ranking Democrat or not have information. We don’t know There are a lot of things that divide vice chair of the Defense Appropria- where their parents are. Think about Democrats and Republicans in this tions Subcommittee, I know how hard that. town. I hope there are several things it is to take a bill of this complexity In the United States of America, we can all agree on. and size and work out a political com- with our vast wealth and talent and re- No. 1, the United States needs border promise. But that was achieved with sources and computers, we removed security. We can’t have open borders the National Defense Authorization children from their families and tossed for everyone who wants to come to this Act, and it was done with many ex- them into the bureaucratic sea. I am country. It wouldn’t work, it wouldn’t traordinary efforts when it came to de- not sure how this story is going to end, be safe, and I am not advocating that. fense and foreign policy. but it is a pretty sad situation. I doubt that many people are. No compromise is perfect, but I am One of my colleagues, Senator Secondly, we need to make sure that troubled and disappointed by several BLUMENTHAL from Connecticut, asked dangerous people who want to come particular provisions in the bill, and I the assembled representatives of the into this country are stopped, and any- wanted to speak to them on the floor Trump administration the following one who is here, undocumented and before the bill comes up for consider- question: Do you believe that the zero dangerous, should be removed. I think ation later this week. tolerance policy was a success? Not one we all agree on that. This last January, Secretary of De- of them did. Do you believe that the The third thing we need—clearly fense Mattis, whom I respect greatly United States should engage in further need—is comprehensive immigration and voted for, argued in his national family separation? Not one of them reform. Our immigration system is des- defense strategy that we were seeing did. perately broken. It doesn’t serve our ‘‘the reemergence of long-term, stra- So we know it was a mistake, and we needs in so many different ways. tegic competition,’’ especially against know there are still victims out I was part of an effort 5 years ago Russia and China. I don’t think anyone there—kids who have not been re- when eight Senators—four Democrats disputes that, and yet two high-profile united. The obvious question is: What and four Republicans joined together. provisions in this Defense authoriza- can we do about it? Well, we can use JOHN MCCAIN, , tion bill weaken the pressure that we every resource at our disposal to make , MICHAEL BENNET, should be exerting against these two sure that we bring these children back BOB MENENDEZ, , MARCO nations. in contact with their parents. RUBIO, and I spent about 6 months Russia has illegally seized territory I went to one of the shelters in Chi- writing a comprehensive immigration in Ukraine and Georgia. It has pro- cago about 5 weeks ago to meet with 10 reform bill. We all had to give a little. tected the murderous Syrian regime. It of these kids. Their ages ranged from That is what happens when you are in has murdered its critics with chemical about 5 years of age to 14, and the a political situation. attacks on foreign soil. It has at- youngest ones were from Central We brought the bill to the floor of tempted to undermine democratic elec- America and Mexico. They came into the Senate, and it passed with 64 votes. tions across the Western world, from

VerDate Sep 11 2014 03:00 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.023 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S5476 CONGRESSIONAL RECORD — SENATE July 31, 2018 France to our own United States. For tional security risk, passing a provi- I am particularly disappointed in that reason, Congress put in place sion to prohibit this company from Aung San Suu Kyi. Her silence on tough sanctions against Russia last doing any business in the United these problems is hard to explain. year. They passed with overwhelming States, but, again, just as with the Many of us admired her for a long pe- votes in the House and the Senate. I Russia provision, this was watered riod of time and the courage she voted for them as did most of the Mem- down from prohibiting it from doing showed against the Burmese military, bers from both sides of the aisle. business with the U.S. Government. but when it comes to this moral hu- Many of those sanctions required the What it means is that the Chinese tele- manitarian choice, her silence is dis- President to impose the sanctions. It communications company, which we tressing. Just this month, an extensive was mandatory that he do this. It gave fear is going to make us weaker in and devastating report released by the Congress the right to review those terms of national security, is prohib- group Fortify Rights found that the sanctions if the President decided to ited for business with our government Burmese authorities had actually made waive and not apply them. Why? It is but is able to sell its products in the the preparations for attacks against sad to say that this congressional re- general commerce of America. That the Rohingya people before the August view was included because no one cannot make our country any safer. 25 militant attack, which they blamed trusted President Trump to stand up to The agreement also contains a com- for their actions. Groups such as For- Vladimir Putin. He believes the word of prehensive overhaul of the way we pro- tify Rights, Amnesty International, Vladimir Putin over that of our intel- tect our economy from national secu- Watch, and countless ligence community professionals. Un- rity threats. So perhaps next time, if others have even documented the Bur- fortunately, our President has shown the Chinese violate it or any other mese military officials and units re- on almost a daily basis, that he simply country does, we can catch them before sponsible for the crimes against the doesn’t have it in him to stand up for damage is done. We could have made Rohingya, led by General Min Aung American interests if Vladimir Putin this provision much stronger. Hlaing. disagrees. Another reason why I am dis- Despite this, our President has been Yet the conference report before us appointed by this conference com- slow to sanction military officials. The mittee report is the irresponsible re- provides the administration with an Trump administration has been sitting moval of provisions related to even bigger national security waiver on on a potential list for months and so Myanmar, formerly known as Burma. these sanctions, a larger escape clause far has sanctioned one person only. The House bill contained five provi- so that the President could avoid ap- Here in the Senate, one of our Senate sions restricting security engagement plying sanctions to Russia, and it re- leaders, dismayed, continues to block with Burma, imposing sanctions on moves Congress’s ability to review that movement of any bipartisan sanction Burmese officials responsible for decision. I am sure the Secretary of De- effort aimed for those responsible for human rights abuses, and requiring the fense will use his powers in this bill this atrocity. State Department to make a deter- wisely to allow the United States to I am sorry to say that what looked mination on whether the atrocities help key allies wean themselves off of like an easy bipartisan provision to committed against the Rohingya peo- Russian military equipment. The prob- condemn this behavior by the Burmese ple, a minority, constituted ethnic lem is that this is not the only way the military is a casualty of this con- cleansing, crimes against humanity, or administration can use this broad ference committee, and it is another genocide. waiver. It makes congressional review These provisions were included in the reason that I am troubled by the work more, not less, important, and yet the House version of the National Defense product. Finally, I want to note that conference report, I think, goes in Authorization Act with overwhelming this conference agreement provides thing wrong direction. bipartisan support. Similar language zero paid increases for defense civilian We need to be firm with Russia. They passed out of our Senate Foreign Rela- personnel. That is just unacceptable. need to understand there is a price to tions Committee in a stand-alone bill The President did not request an in- pay for what they are doing to their with bipartisan support. It looked like crease in his budget proposal even neighbors, as well as to the rest of the these provisions were destined to be in though Secretary Mattis has called world and especially to the electoral the final work product. their contributions essential to our process of the United States. It was We are all aware of the horrific perse- military operations for everything only last week that we received the cution of the Rohingya people by the from acquisition to policy expertise. latest notification that one of my fel- Burmese military, stemming from dec- Congress should exercise its inde- low colleagues in this Chamber has had ades of deep-seated misconceptions and pendent judgment to provide this civil- her office hacked by the Russians dur- hatred that have led to violence, most ian pay increase. After all, we cannot ing the course of her reelection cam- recently last August, when a small expect to continue to recruit and re- paign. This is not the end of Russian group of militants attacked a security tain the best civilian workers in our intrigue, and we have to address this outpost. military without appropriate pay. Russian threat with our eyes wide The Burmese military brutally re- I am glad that the Appropriations open. I wish the Defense authorization sponded in a scorched-earth campaign Committee was providing modest in- bill were more explicit in that regard. against the Rohingya people, killing creases for all Federal and civilian em- This conference agreement also thousands, including children, vio- ployees, but every committee in every waters down sanctions against China. lating their women, forcibly starving branch of government must take re- Last year, a large Chinese tele- their people, and burning down their sponsibility for this in the future. I un- communications company was caught villages. More than 700,000 Rohingya derstand that one cannot demand per- redhanded evading U.S. sanctions on people fled Burma to nearby Ban- fection in the legislative process, and North Korea and Iran. gladesh, as they had been overwhelmed there are many provisions in this con- Earlier this year, the Department of by the Burmese military and their ference report that I appreciate and the Defense also stopped selling its phones forces. work that was put into it. to the military because it ‘‘may pose In neighboring Bangladesh, they were The conferees rejected unrelated poi- an unacceptable risk to personnel, in- forced into squalid refugee camps, son pill environmental provisions from formation, and mission.’’ These phones which I visited. I know the the House and retained a very strong from China ‘‘may pose an unacceptable Bangladeshis and others are doing Senate statement in support of NATO. risk to personnel, information, and their best to help them, but these are These are two of the hundreds of good mission.’’ Our Department of Defense horrible living conditions for anyone. provisions contained in this bill and has warned us that this Chinese equip- In Burma the government authorities conference report. But as I stated at ment can be dangerous if used by our continue to deny that any of this took the outset, I believe the agreement also military establishment in the United place. They burned and overtook makes improper changes in the key States. former Rohingya villages. They ig- areas that I have outlined, and for We responded forcefully to these re- nored calls for safe and voluntary repa- those reasons I will be voting against peated violations of the law and na- triation and accountability. on the conference agreement.

VerDate Sep 11 2014 03:00 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.025 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE July 31, 2018 CONGRESSIONAL RECORD — SENATE S5477 I yield the floor. As I mentioned, in my State, the de- basic understanding of how program- I suggest the absence of a quorum. mand for computer science and coding ming and computer science work. The PRESIDING OFFICER (Mr. programs is clear. Right now, Wash- I hope many schools across the JOHNSON). The clerk will call the roll. ington has more than 16,000 good-pay- United States will take up this oppor- The bill clerk proceeded to call the ing job openings in computer science. tunity. I hope it will lead to many new roll. Still, only 31 percent of our State applications, new job creations, and Ms. CANTWELL. Mr. President, I ask schools offered computer science greater awareness of what STEM edu- unanimous consent that the order for courses for the high school level be- cation is all about. Having people the quorum call be rescinded. tween 2016 and 2017. What is in trained in the areas of science, tech- The PRESIDING OFFICER. Without our way? Well, in many cases, it is the nology, engineering, and math is key objection, it is so ordered. cost of developing a computer science to our country’s future. I am so glad CODES ACT curriculum and getting a program up the President is signing this legislation Ms. CANTWELL. Mr. President, I and running in the high school. That is today. come to the floor to speak about the exactly the problem our legislation I yield the floor. importance of teaching computer tries to solve by giving local commu- I suggest the absence of a quorum. science and coding in our education nities the resources they need to de- The PRESIDING OFFICER. The system. Throughout the United States velop and implement good computer clerk will call the roll. and especially in my home State of science curriculums that make the The bill clerk proceeded to call the Washington, our internet economy is most sense for those communities. roll. booming. Nationwide, it represents 7 As I said, not everybody will nec- Ms. MURKOWSKI. Mr. President, I percent of our GDP and makes up 13 essarily go into computer science. I ask unanimous consent that the order percent of Washington’s economy. In took typing and Latin, which gave me for the quorum call be rescinded. Washington, more than 13,000 internet a fundamental understanding of both of The PRESIDING OFFICER. Without companies provide more than a quarter those things. What is wrong with ev- objection, it is so ordered. of a million jobs. erybody having a fundamental under- TRIBUTE TO LIEUTENANT GENERAL MICHAEL H. We want to keep this American suc- standing of the language of the 21st- SHIELDS cess story going, but to do that, we century computer programming? Ms. MURKOWSKI. Mr. President, as need to make sure these startups have I was excited, with Senator CASSIDY, we are working through the remaining the workforce of tomorrow that they when we were able to include language issues as they relate to the various ap- need. That is why it is so important for in the reauthorization of the Perkins propriations bills before us, I wanted to children throughout the United States vocational and technical educational take just a few moments this afternoon to be able to learn to code in school. bill, which the President signed today, to speak about a friend of mine, a Every student in America should be to move us closer to that goal. The lan- friend of Alaska’s, a gentleman, and a taught the tools they need to enter our guage in the bill that was signed by the leader, Alaska’s LTG Michael H. 21st-century economy. I laugh and say President would allow the use of Fed- Shields, who is retiring from the U.S. all the time that I took typing and eral funds to support efforts to expand, Army after 35 years of service. I thank Latin as my prerequisite requirements develop, or implement programs to in- Mike on behalf of my Senate col- in college. I am not saying that typing crease opportunities for students to leagues and the people of Alaska for his and Latin didn’t help me today, but I take rigorous courses in coding and outstanding service as he retires from question whether we are teaching the computer science and support state- Active Duty. same skills today that we need for the wide efforts to create access to and im- Mike received his commission 21st-century economy. plementation of coding and computer through the Army Reserve Officers’ Every student in the United States science. This is a great example of Training Corps at Norwich University should have the opportunity to learn what we can do when working together in 1983. Like so many of Alaska’s best about the internet, algorithms, and ap- in a bipartisan manner. and finest citizens, we kind of adopted plications. In Washington, we are mak- It is the first important step to make him. He came to Alaska to serve. He ing progress in this area because 31 per- sure that every student understands came to love our State, and we just cent of our high schools offer coding some level of what our economy is loved him right back. classes, but more still needs to be done. going to be built on in the future. We I first came to know Mike as Colonel According to a great organization, will have plenty of work to do. As I Shields when he was commanding the code.org, 90 percent of parents in the said, not everyone will go into com- 172nd Stryker Brigade Combat Team— United States want their children to puter science, but having a basic un- known as the Arctic Wolves—at Fort study or understand computer science; derstanding of how just about every- Wainwright, AK, just outside of Fair- however, only 40 percent of their chil- thing in your home and your workplace banks. He led the brigade during the dren are taught anything about com- is going to work, and even your car and height of Operation Iraqi Freedom. It puter programming. Computer jobs are other applications that you have, will was a very difficult command, probably the No. 1 source of new jobs in the be a good bridge to this economy. one of the more difficult commands country. Currently, there are more We are going to continue to work to- any colonel could imagine. than 500,000 computer job openings in gether and find ways that computer The Arctic Wolves had executed their the United States. science and coding can be taught in our planned 2005 to 2006 deployment in This is a skills gap we have to close classrooms. At the Federal level, we northern Iraq. They had done an excep- if we want to continue to develop these don’t have a lot of control over that tional job, and they were ready to new products and services. That is why curriculum at the local level, but we come home. They had been there for a I worked with my colleague from Lou- can incentivize, as we are doing today, full deployment. The plans were laid. isiana, Senator CASSIDY, to introduce schools across the United States, with The families had all been told. This the High School CODES Act earlier a little Federal support, to make sure very successful, yearlong deployment this year. Our legislation creates a new that coding and computer science are was coming to an end during the early Federal grant program to help high key parts of a high school education. summer of 2006. Again, there was a schools throughout the country estab- I want to thank my colleague Sen- great deal of excitement about the end lish or expand coding education pro- ator CASSIDY for working on this im- of that deployment. The problem, grams for their students. portant issue with me and helping to though, was that it was not coming to Ninety percent of parents want their get it included in this Perkins legisla- an end. The unit had performed very children to study computer science, so tion. I thank all my colleagues for vot- well in northern Iraq, and the Pen- we should be providing them more op- ing for it and the President for signing tagon basically said: We need more portunities. Children in cities, suburbs it. The economy of the future can leave help. We need you to help out in the vi- and rural communities all should have people behind but not if we help pre- cinity around Baghdad. access to these computer science pro- pare them for the future, and part of As it is with the military, the Pen- grams. preparing them for the future is just a tagon didn’t exactly ask the soldiers if

VerDate Sep 11 2014 03:00 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.026 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S5478 CONGRESSIONAL RECORD — SENATE July 31, 2018 they wanted to extend their deploy- Then-Colonel Shields went on to say: tary communities. Whatever else one ment; they told the soldiers that the It means no wolf pack is stronger than its may say about Alaska’s military value, deployment was going to be extended. individual hunter, and no hunter is more im- it is a great place for military families. That is not unusual. This is the mili- portant than the pack. Individually, we ac- The evaluation teams left with favor- tary. You go where you are told to go complish little. As a team, we accomplish able impressions of what Alaska had to and when you are told to go. Unfortu- much. offer. The Stryker Brigade survived nately, this message was delivered in a The troops endured what turned out this process. Yes, we fought to retain messy and very chaotic way. It was to be a 4-month extension on top of our Airborne Brigade at JBER, but very sudden, and it was without warn- their initial deployment. The unit re- Mike laid very solid groundwork for ing to their families. Some of the ele- turned home by Christmas. The Amer- our ultimate success, and we are very ments of the 172nd had already re- ican Forces Press Service reported on grateful to him for his support of the turned to Fort Wainwright, and ulti- December 15 of 2006 that the Arctic Alaska mission. mately they had to redeploy. They had Wolves earned distinction in Iraq as Throughout, Mike distinguished him- to go back to Iraq. Other elements they took on what then-Army Sec- self through exceptionally meritorious were actually in the air on the way retary Francis Harvey called ‘‘the service and achievement in a multitude home when their planes were turned toughest challenge of any unit in of assignments of increasing responsi- around. Iraq.’’ Again, there are many reasons bility, culminating as the Director of I was in Fairbanks, at Fort Wain- to be very proud of all they have done the Joint Improvised-Threat Defeat Or- wright, at the time, and I can recall under the command of Colonel Shields. ganization, and he has proven to be an going through the gates, and there Mike moved on to other challenges. exceptional and inspiring leader there. were areas where there were chain link He was twice promoted following that His selfless service, dedication to fences. Kids had taken papier-mache deployment. He then went back to duty, and unyielding devotion to sol- and stuffed it in the chain link to spell Alaska. I was thrilled when Mike re- diers, sailors, airmen, marines, and co- out the words ‘‘Welcome Home Daddy’’ turned as a major general to command alition partners are in keeping with and hearts. The messages of love and U.S. Army Alaska, which was the finest traditions of military serv- excitement about their dad or their headquartered at Joint Base Elmen- ice. husband coming home were every- dorf-Richardson in Anchorage. He re- The distinctive accomplishments of where. But when the plug is pulled and turned to Alaska in 2013 to command Lieutenant General Shields bring great they are told they are not going to be U.S. Army Alaska. He branded U.S. credit upon himself, the U.S. Army, coming home, it is extraordinarily dis- Army Alaska as the Army’s experts in and the Department of Defense. It is appointing not only for those who have high-altitude, cold-weather ground op- with great pride that I reflect upon his been deployed for this yearlong period erations. outstanding career before the U.S. Sen- but also for those families who are lit- One of our really great—I mean truly ate today. I yield the floor. erally waiting, who knew exactly what great—training assets is the Northern they were going to be wearing when The PRESIDING OFFICER. The Sen- Warfare Training Center in Black Rap- ator from Iowa. their dad stepped off that airplane, to ids, AK. Mike ensured that his troops NOMINATION OF BRETT KAVANAUGH be told ‘‘He is not coming home now, were trained at Black Rapids for mis- Mr. GRASSLEY. Mr. President, over and we don’t know when he is coming sions that would demand their unique the last several days, the minority home.’’ It was very difficult when these skill sets. He then opened Black Rapids families were told to wait. The families leader has again continued his unprece- to the allied troops who required those dented partisan interference with the were angry. They were upset. They skills. He was really an effective evan- were very angry. They felt they had business of the Senate Judiciary Com- gelist for the Army’s cold-weather mis- mittee. In addition to these partisan been misled and with good cause. sion—a mission of increasing impor- Fortunately, the Army and the Fair- interventions being unwelcomed, many tance as the Arctic has become more banks community just kind of stepped of the minority leader’s assertions are strategic. up to wrap their arms around the fami- just plain false, and other assertions He has told me numerous times of lies during this now-extended deploy- omit significant context. So, as I have some of the challenges of training ment, and things calmed down. These done several times in recent days, I am some of these young soldiers how to ski are military families. They are tough. here to correct the record. in extremely cold conditions with very They have gone through these separa- Let me start by reiterating that the interesting Army-issued skis and tions, and as hard as that had been, confirmation process for Judge they had kind of set their heads right equipment. One of these days, he will Kavanaugh will be the most trans- and said: No. We are going to get challenge me to a race, but I don’t parent in history. That is from the through this. That may have been the know. In knowing the skills of General availability of all the documents that easy part. Shields, I think I am going to pass on are out there for our colleagues to Mike, on the other hand, our colonel, that. study about this nominee. Senators al- had to deal with these problems from a Prior to departing Alaska for his ready have access to the most impor- distance. Baghdad is 5,620 miles and 11 next assignment in 2015, Mike was re- tant part of Judge Kavanaugh’s time zones away from Fairbanks. So quired to host visiting Army officials record—his more than 300 opinions not only did Mike have to manage the who were studying a major downsizing written during his 12 years on the DC challenges of the battlefield in Iraq but that potentially involved the consoli- Circuit, in addition to the hundreds also the challenges of maintaining dation of brigades. Both the 172nd, more opinions he joined, and the more troop morale and focus across all of which was then rebranded the 1st of the than 6,000 pages that were submitted in this time and distance. 25th, and the Airborne Brigade at Joint connection with his Senate Judiciary Part of the problem—and making Base Elmendorf-Richardson were po- questionnaire. matters worse—was that nobody really tentially on the chopping block. Moreover, the Senate will receive knew how long this extension would be. Big Army was looking at a variety of more pages of executive branch docu- When you think about all that goes on scenarios across its enterprise, and ments than the Senate will have re- in a tense situation like that, only the that brought evaluation teams to both ceived for any Supreme Court nominee most outstanding of leaders can really Anchorage and Fairbanks. He showed ever—I anticipate up to 1 million pages pull something like this off, and Mike the evaluation teams our remarkable of documents from Judge Kavanaugh’s proved himself to be the best of the training assets. Even more impor- time in the ’s Of- best. He reminded his troops, they tantly, he prepared the teams for what fice and his service in the Office of the needed to stick together in order to they would hear at the community Independent Counsel, along with survive. meetings. What they heard was that records related to his 2006 confirmation He said: ‘‘The strength of the pack is Alaska was a very special place for our to be a judge on the DC Circuit. The the wolf, and the strength of the wolf is military families and that Alaska com- production could be larger than those the pack.’’ That is the motto of the munities went above and beyond what of the last five Supreme Court nomi- Arctic Wolves. was expected in their support of mili- nees combined. Hence, one understands

VerDate Sep 11 2014 03:00 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.029 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE July 31, 2018 CONGRESSIONAL RECORD — SENATE S5479 why I am saying this will be the most not budged from its position that it Her Solicitor General documents transparent confirmation process of was entitled to access any of the mil- were, therefore, even more relevant. any Federal Supreme Court Justice. lions and millions of pages of docu- Democratic leaders, then, are rewriting The other side is pretending like the ments that ever went through the Bush the Kagan standard to further their most expansive and transparent con- White House. These demands were un- stalling tactics. firmation process in history is not good precedented, were unreasonable, and The minority leader also tried to enough. Despite this expansive and were obviously intended to delay the draw a parallel—or parallels—with the transparent confirmation process and confirmation process. request for documents from Justice that Senators already have Judge I couldn’t allow this tactic to further Sotomayor’s time as a board member Kavanaugh’s entire judicial record in delay this important business of the of the Puerto Rican Legal Defense and front of them already, Democratic committee. So, as chairman, I sent a Education Fund. This, however, was a leaders continue to make unreasonable records request for the White House narrow request, closely tailored to a demands for more and more docu- Counsel’s documents because we need- specific need for information. It re- ments. In fact, they demand access to ed to keep this process moving. We sulted in the production of approxi- every email and every other document couldn’t be stalling. It is unfortunate mately 100 documents, not millions of ever written or received by every staff- the ranking member didn’t agree to documents, as are involved with the er who ever worked in the Bush White sign it because the letter requested White House Staff Secretary. House. They want these records in documents that both sides agreed we In contrast, Democratic leaders de- order to fish for documents that mere- should have. Both sides agreed with the mand access to every single one of the ly mention Brett Kavanaugh’s name. documents that were in my letter, but millions and millions of pages of In other words, they, essentially, want there was no signature from the minor- emails and other records from every access to every document that ever ity. one of the 100 staffers who served in the went through the Bush White House. The minority leader, Senator SCHU- Now, this is really beyond unreason- White House with Judge Kavanaugh. MER, also says we should have followed As I have said repeatedly, I will not put able, and it is not a very serious pro- the established during Jus- posal. During Judge Kagan’s confirma- the American taxpayers on the hook tice Kagan’s nomination. In suggesting for the Senate Democrats’ fishing expe- tion, then-Chairman LEAHY was ada- this point, he is rewriting history. He mant that documents merely men- dition. may not know that, but he is. He con- Clearly, losing on the substantive ar- tioning Justice Kagan’s name veniently forgets that both Democrats shouldn’t be produced. This is just one guments, the minority leader has even and Republicans agreed we shouldn’t resorted to personally attacking Mr. example of Democratic leaders’ not fol- have requested documents from Justice lowing the Kagan standard. Bill Burck, President George W. Bush’s Kagan’s time as Solicitor General. Ev- attorney. Mr. Burck has been one of The motive behind the unreasonable eryone agreed that the Kagan Solicitor demands for documents is obvious: President Bush’s designated represent- General documents were too sensitive Democratic leaders want to stall Judge atives for the Presidential Records Act, for disclosure and, in fact, could chill Kavanaugh’s confirmation in any way going way back to 2009. He is a leading the candidness of internal delibera- possible. They hope to bury the Senate partner in one of America’s most re- tions for future Presidents and their in mountains of irrelevant documents spected and, I think, most liberal law counsel—their Solicitor General. firms. to delay his confirmation hearing and This same respect for confidentiality I am told that he has insisted that no to perhaps deny him a vote during this should apply with greater force, then, current Congress. lawyer be selected to participate in the to Staff Secretary documents, which The ranking member’s hometown review of President Bush’s White House include some of the most sensitive pol- newspaper reported this scheme over papers on the basis of his or her party icy advice going directly to a Presi- the weekend. The headline used the affiliation or political ideology. More- dent. In this case, it was President word ‘‘stall.’’ over, Mr. Burck has taken the time to George W. Bush. Indeed, the White The San Francisco Chronicle called personally meet with the ranking House Staff Secretary is essentially it ‘‘a tactic that could postpone a deci- member’s staff and answer all of their the inbox and outbox for the President sion until after the midterm elec- questions about the document review of the United States. Now, that is not tions.’’ The article explained: ‘‘The process that I am describing to you to say that it is not a very important Democrats’ strategy . . . is to demand here. to see every document that crossed position, but it doesn’t get involved in much policy. The minority leader said at a press Kavanaugh’s desk while he served as conference today that the review by President George W. Bush’s staff sec- The Senate’s current task is to evaluate the qualifications of Judge President Bush’s lawyers ‘‘wouldn’t be retary from 2003 to 2006.’’ In other so bad if he also got a full set of docu- words, the Democratic leaders are de- Kavanaugh, not to relitigate every po- litical and policy disagreement from ments from the Archives.’’ Well, that is manding these documents in order to exactly what I expect to happen—in needlessly delay the process rather President George W. Bush’s 8 years in the White House. other words, a full set of documents than for legitimate purposes. Yet these from the Archives. tactics aren’t going to work. As my Democratic colleagues keep Let me address some of the minority pointing out, Judge Kavanaugh has de- President Bush has offered to give us leader’s specific points. scribed how his time as Staff Secretary access to copies of documents that we He says, traditionally, the Senate Ju- was a formative experience for him. requested from the Archives so that we diciary Committee sends a bipartisan Well, Justice Kagan said the same on the committee can quickly begin letter that requests documents, and he thing about her time as Solicitor Gen- our review of Judge Kavanaugh’s said we should have sent out this letter eral, but in the case of Kagan, the record while the Archives works 2 weeks ago. What the minority leader Democrats refused to request her through our document request. The mi- fails to point out is, my staff worked records. nority leader could have learned this extensively with the ranking member’s On top of the undisputed relevance of by simply having a conversation with staff to attempt to identify specific Solicitor General material, Judge me instead of putting on a political Staff Secretary records that might be Kagan, however, lacked a judicial show in front of TV cameras earlier of some interest to the Democrats, but record. In other words, unlike the more today. the Democratic staff was not inter- than 300 opinions that Judge I must also address the minority ested in a reasonable compromise, in- Kavanaugh authored and the hundreds leader’s unprecedented intervention cluding my attempts to get them even more opinions that he joined in during into the business of the Judiciary Com- more documents than the up to 1 mil- his 12 years of service on the DC Cir- mittee. The minority leader is not a lion pages of documents we were al- cuit, Justice Kagan had zero judicial member of that committee. We are not ready in the process of receiving. opinions that she offered, zero judicial going to let him run the committee. I After multiple rounds of negotiation, opinions that she joined, and zero years am the chairman of that committee. the ranking member’s staff still had of judicial service. He has no business inserting himself

VerDate Sep 11 2014 03:00 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.031 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S5480 CONGRESSIONAL RECORD — SENATE July 31, 2018 into the committee’s business, includ- process as long as possible. As you can Ranking Member SMITH in the House. I ing the manner in which the com- tell from my remarks today—and my thank them for their hard work on this mittee will obtain the documents need- remarks three or four times since bill. ed to review Judge Kavanaugh’s record. Judge Kavanaugh was appointed—I am It always gets around to the big four, But last week he sent a letter to not going to allow the minority to after we all meet and we have the President George W. Bush, asking him abuse the process. meetings with the House and the Sen- to release all records from Judge I yield the floor. ate, our joint conference meetings. But Kavanaugh’s service in the White The PRESIDING OFFICER. The Sen- then there are always some things that House, while at the same time criti- ator from Oklahoma. need to be done, and they have to be cizing the way that President Bush has Mr. INHOFE. Mr. President, I ask done by the big four. I have been in- chosen to review those records. This unanimous consent that I be recog- volved with several of these, and this letter was an inappropriate attempt to nized to speak as in morning business year, of course, the chairman of the meddle in the committee’s business, for up to 15 minutes. House committee, the acting chairman and I am disappointed that my Demo- The PRESIDING OFFICER. Without of the Senate committee, and the rank- cratic colleagues on the committee are objection, it is so ordered. ing members worked very hard, and we tolerating that sort of intervention. Mr. INHOFE. Mr. President, let me got this done. I have also learned that the minority just follow up on the remarks of my So we should all be proud of this leader called the Archivist on Monday friend from Iowa. week’s National Defense Authorization and asked him to ‘‘do the right thing’’ I think most of us around this Cham- Act, but we shouldn’t lose sight of why with regard to the documents. ber had a chance to meet Judge it is so important. We need to remem- I was disappointed to hear that the Kavanaugh. I am in kind of a unique ber the degraded state of our military. minority leader was attempting to situation in that I am not a lawyer. So I don’t mean this in a partisan way, pressure a government official—one ap- I ask different questions than most but we had 8 years of the Obama ad- pointed by President Obama, can you people do, but I was already convinced, ministration, and one thing that I have believe—with regard to the commit- judging from his history in voting and always appreciated about previously tee’s business. his adherence and commitment to the Senator Obama and then-President I also want to address one argument Constitution, that he is my kind of Obama is that he is a real, sincere, in- that my colleague on the Judiciary guy. In fact, I even sent a message to the-heart liberal. Quite often, the pri- Committee, the senior Senator from Il- him saying: Don’t bother wasting your orities of those individuals are not the linois, has made. My colleague believes time on me because you don’t need to. same as some of us, particularly in a Judge Kavanaugh misled the com- But, nonetheless, he came. strong national defense. So we are real- mittee during his 2006 confirmation This is what is interesting about this ly hurting. hearing when he said he was not in- guy. Everything that the Senator from At the end of the Obama administra- volved in developing the Bush adminis- Iowa said is true, but over and above tion, in 2016, only 33 percent of our bri- tration’s detention and interrogation that, I have had personal conversations gade combat teams were at sufficient policies. The senior Senator pointed to with people who were from his home levels to be deployed; only a quarter of our aviation brigades were ready; and a media report that described a 2002 church. There was one lady who was a just 40 percent of the Marines’ F–18s meeting in the White House in which close friend of Judge Kavanaugh whose were flyable—only 40 percent—because Judge Kavanaugh advised whether his husband died, and every time there is the first thing somebody does when former boss, Justice Kennedy, would an event, such as a parent-student they are cutting down on the expense accept a legal argument about Amer- event, Judge Kavanaugh would go and of a strong military is they do away ican citizens’ access to counsel. get the children of his deceased friend with the maintenance, and that is the These allegations have no merit, and and take them to the events as if he problem we had. We were short 1,500 pi- here is why. Offering advice on the po- were their father. It is not very often lots and had shrunk the force by nearly tential success of a legal position sug- that we see that kind of compassion in 100,000 servicemembers despite growing gested by others—meaning others in somebody. So we had a conversation threats around the world. the White House Staff Secretary’s Of- about those things and I was very ex- cited about it. I don’t think anyone can argue that fice—does not show involvement in de- this is a threatened world. I think it is NATIONAL DEFENSE AUTHORIZATION BILL veloping detention and interrogation the most threatened our country has policies. Mr. President, on Thursday we are ever been. Countries around the world Multiple sources have confirmed that going to be passing a bill that I con- have the capability of firing a rocket Judge Kavanaugh wasn’t involved in sider every year to be the most signifi- and hitting a city in America. That developing detention and interrogation cant bill of the year. We know it is didn’t used to be the case. You had to policies. Moreover, these allegations going to pass because it has passed be a giant in order to be one of the were already referred to the Depart- every year for the last 57 years. It is leaders. Now we have people out there ment of Justice, which concluded that going to pass. It is named the John S. whose judgment we have to question, they didn’t even warrant opening an McCain National Defense Authoriza- and they have this capability. So we investigation. tion Act, and I am pleased that this have a lot of things. I will further point out that this 2002 conference report is the result of an We have fallen behind China and Rus- meeting occurred while Judge open and bipartisan process. sia. This year’s national defense strat- Kavanaugh was in the White House I have to thank, first of all, Chair- egy—the first in a decade—rightfully Counsel’s Office and, as I have ex- man MCCAIN and his staff for working recognized that China and Russia are plained, the entire Senate—or at least so diligently in leading the legislation strategic adversaries and competitors. the entire Judiciary Committee—is that bears his name. This year’s NDAA We are also falling behind especially going to have access to Judge is a fitting testament to him. We are in technologies that will define the fu- Kavanaugh’s White House Counsel talking about JOHN MCCAIN’s policies ture of deterrence and capabilities. records. and his priorities and the lasting leg- Look at hypersonic weapons. In short, I am proud to preside over acy on our Nation. John is a true Hypersonic weapons operate at five what will be the most transparent con- American hero. So it is appropriate times the speed of sound. They are still firmation process in history. As they that we name this bill after him. in the experimental stage. We are have said publicly, Democratic leaders I also want to thank Ranking Mem- working on it, but we are behind China are firmly opposed to Judge ber REED. Senator REED has been by and Russia. They are both ahead of us Kavanaugh’s confirmation, and they my side. The two of us have worked at this time. have also said that they will do what- this Defense authorization bill now for The nuclear triad is a modernization ever it takes to defeat Judge several months, and we have been very program. Over the 8 Obama years, we Kavanaugh. They would like to bury busy doing that. We have been working didn’t do anything in that. Con- the Senate in a mountain of irrelevant closely with Chairman THORNBERRY sequently, during those years, both documents to delay the confirmation over in the House, as well as with China and Russia passed us up.

VerDate Sep 11 2014 03:00 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.032 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE July 31, 2018 CONGRESSIONAL RECORD — SENATE S5481 Long-range artillery. Artillery is systems to enhance credible combat I want to speak for a minute about measured by the rapid fire and by the power. the historical significance of this legis- range, and right now, in both cases of The NDAA also calls out China for il- lation because the history of the Na- rapid fire and range, China and Russia legally creating and fortifying islands tional Defense Authorization Act is a are ahead of us. in the South China Sea. I was in the distinguished one. The national defense strategy identi- South China Sea about a month ago. As I mentioned before, we have fied these vulnerabilities, but it is our Our allies are looking at us and look- passed this for 57 consecutive years. responsibility to take that strategy ing at China, and wondering, whose This is the 58th year. But what is and turn it into policy, and that is ex- side do we want to be on? Because all unique is the fact that we are passing actly what we are doing. This year’s they see is what is happening in China. the legislation this week—a record for NDAA does that. We are investing in Those are illegal islands. They don’t how quickly in the year it will be training, maintenance, and moderniza- own the land under them. There are passed and signed into law. This was tion, restoring our qualitative and some seven different islands exceeding deliberate. We are moving quickly, but quantitative advantage around the 3,000 acres that are as if they are pre- we are thorough, considering hundreds world. I say restoring, not achieving, paring for World War III. So we know of bipartisan amendments in both com- because we lost it. The Chairman of what their capability is. We know what mittee markup and on the floor. This our Joint Chiefs of Staff, in the fifth the problems are. will be the earliest an NDAA has Then, of course, the NDAA counters year of the Obama administration, said passed since 1996 when we were consid- Russia’s growing aggression and influ- that we are losing our qualitative and ering the legislation for fiscal year ence across Eastern Europe by direct- quantitative advantage around the 1997. So it is the result of the legisla- ing a study on permanently stationing world. It is kind of hard for people to tive process working. U.S. forces in Poland and conducting a conceive of this. I am used to the fact We set a budget in February and are study on Russia’s malign influence authorizing the funding well in ad- that most people believed and probably around the world. That is in this bill. vance of next year’s fiscal year. So now still believe today that the United So we are actually going to take some States has the very best of everything. action. we can and should turn our attention Well, we have the best troops and the It wasn’t long ago—I think in to passing the necessary appropriations best-trained troops, but our equipment March—that the RAND Corporation, bill on time that aligns with that is not all that good, and so we are which makes assessments as to what which we are authorizing today. doing everything to try to change that. our capabilities are, said that Russia is About 5 years ago, we were all the So that is the situation in which we to the point right now that if they were way to December before we passed this find ourselves. This year’s NDAA will to take on NATO, including our forces bill. To remind you, if we don’t get it fully fund the key priorities we have in NATO and Western Europe, that done by the end of December, it means identified that will ensure that our they would win. That is a pretty fright- we are not going to get flight pay and Armed Forces have the training, re- ening thought. hazard pay to our troops who are sources, and equipment they need to The bill continues limitations on standing in harm’s way. So we have complete their mission. We fully fund U.S.-Russia military cooperation and done a good job on this. I am anxious what is needed to modernize the force, provides defensive lethal aid to to get this out of the way and vote it including procurement for aircraft, Ukraine. I happened to be in Ukraine into law, which is going to take place shipbuilding, and artillery. with President Poroshenko way back on Thursday. Procurement has always been a prob- when they had their Parliamentary We have to remember that without lem. It has been a problem since I was elections. I think it was about 4 years consistent, continued funding, the crit- serving in the House on the House ago. That was the first time they had a ical reforms in this year’s NDAA will Armed Services Committee. We are ad- Parliamentary election where there not be possible, and we won’t be able to dressing this problem as it has not was not one Communist in the Ukraine make the needed investments to re- been addressed before. Parliament. He was very, very proud. store our competitive advantage over We have now fully funded in this bill Of course that upset Russia, and Putin China and Russia. That is exactly what the modernization of our Nation’s nu- started sending people into Ukraine we are going to do—we are going to re- clear strategy, including the develop- and killing them, and our President at store what we have lost, and it is all ment of low-yield nuclear weapons and that time, President Obama, would not happening in this bill. I think we will a layered missile defense. A lot of peo- allow us to send defensive weapons in have the chance on Thursday to vote ple don’t realize that Russia had low- there to help them. for what I consider to be the most sig- yield nuclear weapons and we didn’t. It keeps faith with our troops by pro- nificant legislation each year. So we are trying to catch up in those viding a 2.6-percent military pay in- Mr. President, I yield the floor. areas. crease—the first one in about 10 The PRESIDING OFFICER. The Sen- We fully funded support for critical years—and it is modernizing the officer ator from Rhode Island. allies and partners, including the Af- personnel system and supporting our Mr. WHITEHOUSE. Mr. President, I ghanistan security forces, coalition troops and military families. ask unanimous consent to speak for up support, Iraqi security forces, and When Senator REED and I started on to 20 minutes as in morning business. Israel. this process, we shared a commitment The PRESIDING OFFICER. Without We have increased end strength to to making sure that this year’s NDAA objection, it is so ordered. align with the President’s budget re- is more than just another piece of leg- CLIMATE CHANGE quest and adapt to the growing threats islation; rather, that it is a message to Mr. WHITEHOUSE. Mr. President, from around the world. Now, this each and every one of our servicemem- the big oil companies—particularly sounds easy, but it is not because we bers. And we did that. The NDAA tells Exxon, Shell, BP, and Chevron—want are starting from behind. The NDAA them that they are our top priority. It us to believe they have turned over a bill we are going to vote on on Thurs- is what we have to do to defend Amer- new leaf, that they are finally in favor day goes beyond the President’s re- ica. After all, the No. 1 thing we should of climate action. All four of them quest to provide greater funding for re- be doing around here is defending claimed to support the Paris Agree- search and development, ensuring that America. A lot of people have forgotten ment, and Exxon, Shell, and BP all we can continue to focus on new and that there is an old document around claim to support putting a price on car- emerging threats, like hypersonics, that nobody reads anymore called the bon emissions—a price that would re- space, and cyber. Constitution. The Constitution says flect the costs of the damage climate We are standing up to China by what we are supposed to be doing: de- change inflicts on the environment, the strengthening our position across the fending America. I am proud to say economy, and public health. Pacific region. This bill provides sup- that we did. Every soldier, sailor, air- For example, this is on Exxon’s port to our allies who stand up against man, and marine can look at this legis- website: ‘‘ExxonMobil believes a rev- China’s military and economic coer- lation and know they have the support enue-neutral carbon tax would be a cion and procures deployable airbase and commitment of their country. more effective policy option than. . . .’’

VerDate Sep 11 2014 05:07 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.034 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S5482 CONGRESSIONAL RECORD — SENATE July 31, 2018 and it lists other options. ‘‘A properly Again, far more than from any other ance at least $1.7 million. A sister orga- designed carbon tax can be predictable, industry. nization that shares both the manage- transparent, and comparatively simple As they say, follow the money. Then, ment and the office space of this phony to understand and implement.’’ where were the big oil companies on front group received at least $160,000 So it looks as if they are supporting SCALISE’s resolution? Not one opposed from Exxon. a properly designed carbon tax, but is it. In fact, when contacted by the ALEC: Koch-connected foundations that support for pricing carbon emis- press, Exxon, BP, and Shell all declined gave ALEC at least $600,000. We know sions real, or is it just PR, just to comment on the Scalise resolution, Koch Industries is also a donor, but we greenwashing by companies desperate but they noted their general support don’t know how much it has given. We to improve their images? Well, Senator for carbon pricing. know Exxon gave at least $1.6 million SCHATZ and I introduced a carbon price When you look at what the big oil before announcing this month it was bill in 2014 to put a fee on products that companies actually do on carbon pric- cutting ties with ALEC. The American produce carbon dioxide emissions, and ing proposals, their general support for Petroleum Institute gave at least we have reintroduced it in every Con- carbon pricing begins to look purely $88,000, while Chevron gave at least gress since. If the oil companies really hypothetical—or hypocritical. ‘‘Gen- $20,000. Shell and BP also used to fund supported putting a price on carbon eral support’’ probably gets them a lit- this front group—we don’t know quite emissions, you would think they might tle good PR, fools the unwary, and I how much they gave—before they quit have come to see us, the authors of guess it lets their executives hobnob in 2015. that carbon price bill. You would think with movers and shakers at cocktail American Commitment received at that if the oil companies really sup- parties in Davos or at home at their least $21 million from Koch-affiliated ported putting a price on carbon emis- golf clubs, without having to bear any organizations. sions, they might have supported our shame for disgraceful behavior on cli- The Competitive Enterprise Insti- bill or lobbied other Senators to sup- mate change. tute: Exxon gave at least $2 million. port it or even come to us to say: You This phony general support is also Koch-affiliated organizations gave at know, we would like to support your belied by the climate denial infrastruc- least $5.2 million. bill, but you need to change this or ture the oil companies have set up and Americans for that. funded for years. They have under- received at least $5.6 million from Well, they have done none of that. written dozens of climate-denying Koch-affiliated groups. Despite their public-facing pronounce- front groups over the years. Guess The so-called National Black Cham- ments on a carbon fee or tax, as they what. Their front groups sprang into ber of Commerce: Exxon gave at least call it, we have had no visits from oil action to support the Scalise anti-car- $1 million. American Petroleum Insti- company representatives to our offices bon pricing resolution. It is a neat lit- tute gave at least $75,000. Koch-affili- to work on this bill, no support for our tle trick. You say you support carbon ated organizations gave at least $25,000. bill—or any other—no lobbying to help pricing, and then you deploy an ar- : API, the or amend our bill. Nothing. Zero. Zilch. mada of front groups that you funded American Petroleum Institute, gave at Nada. over the years to make sure the thing least $525,000. Koch-affiliated groups Meanwhile, back at the ranch, the you claim to support never comes to gave at least $330,000. giant trade associations these oil com- pass. The Caesar Rodney Institute: Koch- panies fund—the American Petroleum On July 9, 18 of these phony front affiliated groups gave at least $50,000. Institute, the U.S. Chamber of Com- groups wrote to House Speaker PAUL The Caesar Rodney Institute is part of merce, and the National Association of RYAN urging him to bring the Scalise the larger so-called State Policy Net- Manufacturers—are all working hard resolution up for a vote. This letter as- work, which itself is funded by the to ensure that Republicans oppose car- serts that pricing carbon emissions Koch organization. bon pricing and, indeed, any proposals would harm the economy, citing a to reduce carbon emissions. bogus study from the fossil fuel indus- FreedomWorks has received at least Look what the big oil companies do try-funded National Association of $2.5 million from Koch-affiliated when the prospect of getting a carbon Manufacturers. groups and at least $130,000 from the fee on the books looks real. This fall, By the way, I work pretty well with American Petroleum Institute. voters in Washington State will vote the manufacturers in my State, and The —there are on a ballot initiative that would ini- there isn’t a manufacturer in my State some beauties—Koch-affiliated groups tially put a price on carbon. It would that subscribes to the National Asso- gave at least $7.1 million, and Heart- price carbon emissions at $15 per ton. ciation of Manufacturers’ climate-de- land got at least $730,000 from Exxon. Who is funding the campaign against nying, anti-climate action policies. This is the group, by the way, that has this carbon price initiative? You Somebody somewhere is interjecting compared climate scientists to the guessed it, the oil companies, the very themselves so the national organiza- Unabomber—a real classy group. I can same oil companies that claim to sup- tion has become the tool of the fossil see why the others would want to asso- port a carbon fee. Already, Shell, BP, fuel industry, but that is not recog- ciate with them. and Chevron have pledged to pour dol- nized in Rhode Island. The National Center for Public Pol- lars into a super PAC created by the It is not so easy to follow the money icy Research received at least $445,000 Western States Petroleum Association, behind all these phony front groups from Exxon and at least $300,000 from which is another trade association that that wrote this letter. They and their Koch-affiliated groups. fronts for them to oppose this carbon donors are all very secretive about The Energy & Environment Legal In- pricing initiative. The oil companies that. After all, it ruins the purpose of stitute—here is another beauty—re- are backing the opposition in Congress a phony front group if everyone can see ceived at least $500,000 from Koch-af- also. the fossil fuel hand in the phony-front- filiated groups. Energy & Environment In the House, Majority Whip STEVE group glove. Enterprising reporters and Legal Institute, by the way, is a par- SCALISE got wind that some of his Re- researchers have been able to shine a ticularly creepy group whose function publican Members were working on little light into this den. is actually to harass legitimate sci- carbon fee legislation. He introduced Let’s see how much money these entists. That is actually what they do. legislation stating that pricing carbon front groups have received from the Another super classy group. You can emissions would be bad for the econ- four major oil companies, from the understand why they would all want to omy. Guess who SCALISE’s most gen- American Petroleum Institute, and be affiliated with them. erous donors are. You guessed it, the from trusts and foundations associated Western Energy Alliance is an oil and oil and gas industry. The industry has with the fossil fuel magnate Koch gas industry trade association. The given his campaign more than $1.1 mil- brothers. group’s website promises its fossil fuel lion, far more than any other industry American Energy Alliance, the top members that it will ‘‘actively influ- has given him. The oil and gas industry one there: Koch-connected organiza- ence regulatory actions and legislation has also given his PAC $1.5 million. tions gave the American Energy Alli- on behalf of your business.’’ It is no

VerDate Sep 11 2014 05:07 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.035 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE July 31, 2018 CONGRESSIONAL RECORD — SENATE S5483 mystery who is behind this group, but, University and serious think tanks intellectual property anywhere in the as usual, funding details are hidden. who study this stuff or the dozens of world. The Cornwall Alliance’s funders are blue-chip companies that all say pric- In the United States alone, they have secret. When I tell you a bit more ing carbon emissions would be good for been sued for patent infringement 126 about it, you can see why they would the economy, House Republicans lis- times in the last 5 years. That is an as- want to be secret. I can tell you, I have tened to these phony fossil fuel-funded tonishing figure, particularly as only a seen this bogus front group turning up front groups, including the group that small subset of firms have the re- constantly on the climate denial odd- equated climate scientists with the sources to even bring litigation before ball fringe, with other front groups Unabomber and the group founded by a Federal court. ZTE has reportedly funded by Big Oil. What is more, the the guy who thinks evolution is fake been sued for patent infringement at Cornwall Alliance’s founder doesn’t be- news and AIDS is punishment for being least 100 times in other countries lieve in evolution, thinks that torna- gay. around the world. This is a company does are a punishment from God, and, How low will you go when your big that has developed by stealing high quite despicably, believes AIDS is a donors whistle? We just saw. The reso- technology from U.S. companies and punishment for being gay—a really lution was rammed through the House. other institutions around the world. great guy for Speaker RYAN to be tak- The failure of the U.S. Congress to Second, ZTE poses an espionage ing advice from and a great company act on our climate crisis is a failure of threat to the United States—trans- for all the rest of these groups to be American democracy. When untold lated: spying on Americans. This past keeping. tens, even hundreds of millions of spe- February, FBI Director Wray testified CO2 Science received at least $100,000 cial interest dollars slosh through our before the Senate Intelligence Com- from Exxon and $280,000 from Koch-af- political system, what voice do the mittee saying: filiated organizations. citizens of Rhode Island have or the We are deeply concerned about the risks of The Mississippi Center for Public citizens of Florida or Louisiana who allowing any company or entity that is be- holden to foreign governments that don’t Policy received at least $340,000 from are also confronting ever-rising seas share our values to gain positions of power Koch-affiliated organizations and is caused by climate change? inside our telecommunications networks. also a member of that Koch-funded so- When corporate dark money rules That provides the capacity to exert pressure called . and phony front groups get more polit- or control over our telecommunications in- The Institute for Liberty received at ical respect than Nobel Prize-winning frastructure. It provides the capacity to ma- least $1.8 million from Koch-affiliated economists—on matters of economics, liciously modify or steal information, and it organizations. no less—what chance is there for rea- provides the capacity to conduct undetected espionage. That is a grand total of over $54 mil- son and truth in this body? lion from Big Oil and their climate de- The fossil fuel industry and its trade That answer was in response to ques- nial allies in the Koch network, and associations and front groups have tions from the Senator from Florida, that is the minimum. That is what we taken the Republican Party hostage who is now presiding. know. That is what has leaked through and, with it, our American democracy. ZTE has stolen American technology. the darkness. Because all these groups It is corruption in plain view, and According to our national security offi- cials—not just the Director of the FBI and donors are so secretive about their history’s judgment will not be kind. It but also the head of NSA, or the Na- clandestine funding network, we know is seriously, urgently time for us to tional Security Agency; and the DNI, the total is, if anything, much higher. wake up. Of course, a sophisticated political I yield the floor. or the Director of National Intel- ligence; and the head of the CIA—ZTA operative like Speaker RYAN recog- The PRESIDING OFFICER (Mr. poses an espionage threat. nized that these were phony front RUBIO). The Senator from Maryland. Now, on top of that—on top of that— NATIONAL SECURITY groups and blew this letter off in order ZTE was caught violating the U.S. to pursue the people’s serious business Mr. VAN HOLLEN. Mr. President, sanctions against North Korea and before the House. the plan had been for me to join with Iran, and it is not just that they got Actually, no. What did Speaker RYAN the Senator from Florida, now the Pre- caught, but when they got caught, they do? He agreed to bring the Scalise reso- siding Officer, to address our concerns tried to cover it up. lution to the floor for a vote, of course. in two areas. One has to do with the They were warned not just once but With his caucus essentially a wholly Chinese telecommunications company twice, and, again, despite that, they owned subsidiary of the fossil fuel in- ZTE and the threat that it poses to the engaged in what Secretary of Com- dustry, how could he have said no? national security of the United States. merce Wilbur Ross called a ‘‘multiyear Money talks, and big money com- The second is to discuss the urgent conspiracy to violate U.S. sanctions mands. need for this Senate to take action to against North Korea and Iran in an With the resolution heading for a protect the integrity of our democracy elaborate scheme of coverup.’’ That is vote, the front groups reappeared—this by passing the bipartisan DETER Act, why, just a few months back—I think time, 41 strong, the whole fossil fuel which Senator RUBIO and I have intro- it was in June—Secretary Ross im- front group armada was deployed—with duced. posed very stiff sanctions on ZTE, in- a letter to all House Members. Since the Senator from Florida is cluding what is called the denial order, I don’t want to go through the list now presiding in the Chair, I will do to stop them from getting advanced again and add the new groups and my best to cover this for both of us, technology components from U.S. com- which received funding from Big Oil and I know that he will have an oppor- panies that ZTE could then use in their and which from the Koch network and tunity at some other point to cover phones and their telecommunications which from both, but suffice it to say, these important issues as well. systems and then use that to conduct almost all of them have been funded by First, as for ZTE, it is a Chinese tele- espionage against the United States. the oil industry and/or the Koch net- communications company. It is a tele- Secretary Ross did the exact right work or are otherwise tied to them. communications company that has thing. Unfortunately, his decision to This is the web of denial my Senate been exhibit A in the mix of Chinese impose that denial order was reversed colleagues and I have come to the floor companies that have stolen U.S. tech- by the President of the United States. to call out before. nology. When the President reversed that With this type of orchestrated lob- In fact, when Secretary Pompeo was order, Senators here, on a bipartisan bying campaign by the fossil fuel front before the Senate a while ago, talking basis—the Senator from Florida, Mr. groups, passage of the Scalise resolu- about the relationships between the RUBIO; the Senator from Arkansas, Mr. tion was assured. Indeed, only six Chinese Government and Chinese com- COTTON; and others, including Senator House Republicans had the courage to panies and talking about how they WARNER—thought it was important to vote against their fossil fuel overlords. were stealing U.S. intellectual prop- protect the national security of the Instead of listening to, say, Nobel erty secrets for their own purposes, United States by reimposing those im- Prize-winning economist Joseph ZTE would be on the top of that list. It portant sanctions that the Secretary of Stiglitz or the researchers at Columbia is one of the most notorious thieves of Commerce had put in.

VerDate Sep 11 2014 03:00 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.037 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S5484 CONGRESSIONAL RECORD — SENATE July 31, 2018 How did we do that? We added a pro- They document what they are doing to we have an election that the people of vision to the National Defense Author- try to prevent that disinformation this country can have confidence in ization Act that passed overwhelm- campaign. and that we would prioritize making ingly in this body. That provision was We have the testimony of Dan Coats, sure that we protect the integrity of first inserted in the Senate Banking the Director of National Intelligence, our democratic system. What Putin Committee. It was then included in and other intelligence agency heads. wants to do is to undermine the con- what is called the CFIUS bill, and then We have Facebook. We also know that fidence in the democratic system. He it was passed by this body. the Russians—and, specifically, the wants to do that in the United States We urged the conferees in the Senate same operation, GRU, that interfered of America. He wants to do that to our and the House on the Defense bill to in the 2016 elections—have already at- allies around the world, and we can’t keep that provision in there and not let tempted to interfere in three elections let that happen. ZTE off the hook. During that short for 2018. So this is not a moment where the period of time while it was in con- We know one that has been made Senate should just have hearings or ference, a couple months, ZTE spent public, the Senator from Missouri, Mrs. just talk about it. This is a moment for over $1.3 million to hire Washington MCCASKILL, where the Russians at- action, and I join the Presiding Offi- lobbyists to help them pull that provi- tempted to get into their system ahead cer—and I am sorry he wasn’t able to sion out of the Defense authorization of the 2018 elections. We know all of join me here because of his duty in the bill. The sad and really shameful story this is happening, and it would be sur- Chair—but I want to join him not as here is that ZTE and their lobbyists rendering our obligation as Members of Republicans or Democrats but as succeeded. They succeeded in lifting the Senate, both Republicans and Americans who want to defend our de- that penalty on ZTE. Democrats, for us not to take action to mocracy. Let’s get this job done now. We have just sent the worst of all sig- defend the integrity of our elections. Let’s protect the integrity of our nals to China—whether it is ZTE or The clock is ticking—98 days to go to democratic process. Huawei or others—that we are not real- the elections. I yield the floor. ly serious when we say that if we catch We know from our intelligence agen- The PRESIDING OFFICER. The Sen- you violating our sanctions, we will cies, we know from the evidence that ator from Oregon. punish you, or that we are not serious surfaced today from Facebook, and we Mr. WYDEN. Mr. President, before he in defending our country from espio- know from the fact that they have al- leaves the floor, I want to commend nage, or that we are not serious about ready interfered or attempted to inter- our colleague from Maryland and the defending our country from the theft of fere in three elections for 2018 that this Presiding Officer for the good work our intellectual property. That is a ter- Russian effort is coming. So for good- they have done on this issue. rible and very weak message to send. ness’ sake, don’t we have an obligation As a Member of the Intelligence I am going to keep fighting along to do everything we can to stop it? Committee, I have seen firsthand what with our colleagues, on a bipartisan That is exactly why Senator RUBIO, this has meant. I had a chance, as my basis, to keep the pressure on these who is presiding now, and I joined to- colleague the Presiding Officer knows, issues, on ZTE and Huawei, because if gether to introduce the DETER Act. It to question Mr. Ervin Nina, who has we do not get serious about con- is a very straight forward, simple idea. been chosen Vice President for a key fronting these threats, they will con- You need to send a signal in advance to job in the intelligence field, and I tinue to come back to bite us. Vladimir Putin that if Russia gets asked him pointblank if he considered I am very disappointed that the con- caught again, if it gets caught this ZTE an espionage threat to this day, ferees did not include that provision, time interfering in the 2018 elections, and the answer was yes. and it does raise serious questions there will be automatic and harsh pen- We are now going to spend the next about a bill that provides for our na- alties imposed on Russia and it will hour talking about Medicare and Med- tional defense: Why would it have a big hurt Russia’s economy. It will hit them icaid. This is the 53rd anniversary. But loophole in it that creates an oppor- where it hurts. That is what the before he leaves the floor, I wanted to tunity for China to harm our national DETER Act does. commend my colleague from Maryland security? Everything we have heard about Rus- and the Presiding Officer on the Intel- Now, there is another way that our sian conduct and behavior is that it is ligence Committee for their good work. adversaries can harm our national se- important to try to send these signals 53RD ANNIVERSARY OF MEDICARE AND MEDICAID curity, and that is to interfere in our early if you want to influence their be- Mr. President, this week marks the elections to try to undermine our de- havior. So what we need to do is to es- 53rd anniversary of Medicare and Med- mocracy. We know from the heads of tablish a very credible threat that if icaid, our bedrock Federal healthcare all the intelligence agencies that this they interfere and they get caught programs. is exactly what happened in 2016. Our again, they will face the penalty. I am pleased to be joined by my col- focus in this body should be on making So what the DETER Act does is it leagues. I see Senators CARDIN and sure that no country interferes in our says that the Director of National In- WHITEHOUSE wanting to participate and elections again. telligence, on behalf of the intelligence know of Senator COONS’ support for We all know that suspect No. 1 has community, will make an assessment these programs. Our colleagues will be been Russia. Russia was the country about whether or not Russia interfered talking today about why these pro- that interfered in 2016, and we know in the 2018 election. This assessment grams are so vitally important to tens that Russia is planning to interfere in would take place shortly after the 2018 of millions of Americans—literally the 2018 midterm elections and beyond. elections, and if their finding is yes, generations of our people. How do we know that? Well, first of then very harsh penalties take place. Medicare and Medicaid have stood all, the Director of National Intel- Now, we can talk about the details in the test of time because the American ligence, Dan Coats, a former Member of the coming days and make sure that people have long understood the value this body, has said that all of the lights we get this exactly right, but where of a healthcare guarantee, particularly are flashing red—a big warning that there should be no debate—there for seniors and the most vulnerable Russia plans to interfere in our mid- should be no debate—is about the need among us. Medicare—and my col- term elections, which are 98 days away. to do something along the lines of the leagues on the Finance Committee talk We also learned just today that DETER Act and to do it urgently. a fair amount about it—isn’t a piece of Facebook uncovered an ongoing effort As I said, the clock is ticking. We paper, and it isn’t a voucher. It is a by foreign social media entities to dis- know how the Senate operates. There guarantee, and Americans have always rupt our 2018 elections. This is an ongo- is not really that much time between understood that was the case. ing process right now. This was the now and the elections, given all the It wasn’t that long ago when there headline today in : other things that we have to do, but I wasn’t a guarantee. Getting older or ‘‘Facebook says it has uncovered a co- hope the Senate would prioritize de- falling on hardship meant healthcare ordinated disinformation operation fending our democracy. I hope the Sen- was one of the first of life’s necessities ahead of the 2018 midterm elections.’’ ate would prioritize making sure that to go out of reach. It wasn’t that long

VerDate Sep 11 2014 03:00 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.038 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE July 31, 2018 CONGRESSIONAL RECORD — SENATE S5485 ago when there were poor farms—lit- my seatmates in the Finance Com- ple have more access to preventive erally, poor farms—to try to meet the mittee coming up on Medicaid. care. needs of older people. People, before Medicaid has endured the single most While legislators sit on their hands, these programs, often fell through the concentrated attack on its future that people are pushing ballot initiatives to cracks and into destitution. Their fam- I have seen since the days when I was force the issue. In Maine, where a Med- ily wasn’t there. Seniors ended up in codirector of the Oregon Gray Pan- icaid expansion initiative easily the streets or on those poor farms. thers. In spite of Republican attempts passed, incredibly, the conservative These healthcare promises—the to slash Medicaid, people power says: Who cares? He is going pledges behind Medicare and Med- stopped that effort. Republicans would to stand in its way. icaid—have lasted for more than half a have block-granted Medicaid, choking Healthcare in America is too hard to century because Americans understand off funding for the program—couldn’t access for too many. The Affordable that when they get a paycheck, part of keep up with the needs of our people. Care Act was a significant step for- that pay goes to supporting the health Without Medicaid’s guarantee, two of ward. There were ironclad protections. care guarantees. three seniors who count on Medicaid to I am very proud of the fact that it real- Families around the country, how- help pay for their nursing costs would ly came from a bipartisan bill I was ever, are beginning to wonder, given increasingly have nowhere to turn. part of—air tight, loophole-free protec- the events of the last 11⁄2 years, wheth- People with disabilities who have been tion from discrimination for Ameri- er that guarantee will be there when able to live and thrive in their homes cans, from sea to shining sea, if they they need it. They aren’t wrong for and communities rather than institu- had a preexisting condition. It created worrying. Every major Republican leg- tions might not have that same kind of a baseline for Medicaid so that fewer islation that has had a pulse in this opportunity. Without Medicaid—the Americans fell through the cracks of Congress has increased the risk that promise of affordable care—families patchwork health systems. But for too Medicare and Medicaid will not be and parents working two or three jobs many, premiums increase at a far fast- there when it counts. Most recently, would face yet another unnecessary ob- er rate than their paychecks, and the Trump’s tax law stole billions of dol- stacle to the well-being of their kids price of prescription medicine is still lars and years of security from Medi- and families. spiking. care’s future, all to rain down tax bene- Even without the partisan attacks on We are going to talk more over the fits on the largest corporations and Medicare and Medicaid, there are chal- next hour about these crucial issues. I wealthy individuals in the country. As lenges that need to be addressed to am really pleased that two very a result of this reckless tax legislation, keep these programs secure. Drug thoughtful members of the Finance shareholders are now swimming in a prices are out of control while the drug Committee are here to start us off. sea of tax buybacks and executives industry pockets billions every quar- They have long been part of the effort have pocketed huge windfalls while ter, with consumers and taxpayers to stand as a bulwark protecting Amer- Medicare faces a crisis years ahead of footing the bill. A recent study by the icans with debilitating sickness from the earlier projections. Department of Health and Human financial ruin, supporting the Medicare In addition to leaving a gaping hole Services inspector general found that and Medicaid guarantees. I am pleased on Federal balance sheets after this while the number of brand-name pre- to be able to yield to the Senator from law passed—I am not sure many Ameri- scriptions in Medicare Part D has de- Maryland who has been involved in cans know this—the Trump adminis- creased in the last 5 years, spending on these programs and has championed tration released a budget that outlines those drugs has increased by 77 percent the cause of the vulnerable for years in black and white just how they plan during that time. The number of sen- and years. to make up the difference. iors paying more than $2,000 out of The PRESIDING OFFICER. The Sen- You don’t have to take it from me. pocket for medicine has nearly dou- ator from Maryland. Here are some examples out of the bled. That is unacceptable. Americans Mr. CARDIN. Mr. President, first let President’s budget document. are up in arms at the fact that our sen- me thank my colleague Senator WYDEN On page 52, the President proposes re- iors still get clobbered at the pharmacy for his extraordinary leadership on vising the Graham-Cassidy proposal window. Medicare and Medicaid and so many Americans rejected last year, which In the face of these challenges, there other issues. would repeal the , are still opportunities to improve I remember Senator WYDEN in the including its ironclad preexisting con- Medicare and Medicaid so that the House of Representatives as one of the ditions protection. guarantee is strong for years to come. champions when the Medicare and On page 53, the President seeks to Earlier this year, on a bipartisan basis, Medicaid Programs were a lot younger. slash Medicaid by more than $1 trillion Congress passed one of the most sig- We worked to improve and expand both over the next 10 years by eliminating nificant updates to the Medicare guar- Medicaid and Medicare, and now Sen- the Medicaid expansion and placing antee in a generation—one that is ator WYDEN, in a key role on the Sen- harsh caps on the rest of the program going to begin the effort to keep up ate Finance Committee—the ranking that squeeze out critical care. with the rising tide of seniors man- Democrat—has been one of the real On page 54, the President calls for aging multiple chronic illnesses, such champions to protect the progress we close to $500 billion in reduced Medi- as heart disease, diabetes, or cancer. have made in Medicare and Medicaid, care spending without an explicit guar- Chronic illness is going to drive recognizing that what we need to talk antee that seniors will not be worse off. American healthcare, and this bill be- about is how to improve these pro- On pages 24, 53, and 64, the President gins the effort to improve Medicare so grams and make them better. calls in his budget for burdensome pa- that no matter how seniors get their As we celebrate the 53rd anniversary perwork requirements for SNAP—a care, there will be more opportunities of Medicare and Medicaid, let me ad- vital program to help hungry Ameri- for them to thrive in later years. dress the point that Mr. WYDEN made; cans—affordable housing, and Finally, when it comes to Medicaid, that is, these are two of the most suc- healthcare that really create more bu- the country is witnessing a cessful programs we ever have enacted reaucracy without making people bet- groundswell of Americans who are fed in the Congress of the United States ter off. up with partisan gridlock holding up that guarantee, as Mr. WYDEN has said, So, as we begin this, this isn’t some State decisions to expand Medicaid to affordable, quality healthcare to our sort of message or something. Those help more people walking on an eco- seniors, to individuals with disabilities, are the pages in the President’s budget nomic tightrope. One look makes it to low-income families. document—specific numbers on a spe- clear that this is a winning proposition In Medicare alone, almost 45 million cific page in a specific report embraced for any State. When States expand the Americans are protected under Medi- by the President that harm Medicare program, the uninsured rate goes down. care—seniors and those with disabil- and Medicaid. The number of opioid-related hos- ities. In Maryland, more than 990 thou- I am just going to spend a minute pitalizations is lowered in expansion sand Marylanders are protected under now because I am looking forward to States, medical debt is down, and peo- the Medicare Program.

VerDate Sep 11 2014 03:00 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.040 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S5486 CONGRESSIONAL RECORD — SENATE July 31, 2018 What Mr. WYDEN alluded to—I want our seniors. Certainly, let’s not cut the Senator STABENOW, Senator WHITE- to underscore this point: Before there program. HOUSE, and Senator CORTEZ MASTO will was Medicare, over half of our seniors We need to strengthen the Medicaid have the opportunity to speak. Next in did not have health insurance, and Program. Senator WYDEN is absolutely line is Senator STABENOW. without health insurance, their access correct. Our States are asking for a I yield the floor. to healthcare was greatly at risk, and waiver authority. The PRESIDING OFFICER. The Sen- many were unable to get access to There are some who are slow to act ator from Michigan. quality care. Medicare has provided af- here in Washington, in the Trump ad- Ms. STABENOW. Mr. President, I fordability so that our seniors can now ministration. Let me give an example want to thank our ranking member on get quality healthcare, and we have in my State of Maryland. My State of the Finance Committee and all of my improved it over its 53-year history. We Maryland wants to move forward on colleagues who are here to talk about have done things from adding benefits dealing with the opioid crisis. How im- and celebrate two programs that for 53 for end-stage renal disease to adding portant are Medicaid and the Medicaid years have changed the lives of Michi- preventive healthcare. expansion? Let me give one example. gan families and the families of our I remember working with Mr. WYDEN On Monday, we were in Baltimore with country for the better. when I was in the House of Representa- Congressman CUMMINGS and Senator The words of President Lyndon B. tives, when we expanded the preventive WARREN at Health Care for the Home- Johnson, who signed the programs into care package to include cancer less looking at a program that provides law, are a great reminder of what life screenings and diabetes and some of our most vulnerable people the was like before Medicare and Medicaid. osteoporosis screenings and diabetes healthcare they need. Many, by the He said: self-management. All of that has been way, are veterans. Before the Afford- No longer will older Americans be denied done as we have, together, expanded able Care Act, 30 percent of their clien- the healing miracle of modern medicine. No Medicare over its 53 years in order to tele were insured. After the Affordable longer will illness crush and destroy the sav- provide stronger coverage and better Care Act, 90 percent were insured. That ings that they have so carefully put away protection to our seniors and those is what Medicaid expansion meant for over a lifetime so that they might enjoy dig- with disabilities. Health Care for the Homeless in my nity in their later years. No longer will young families see their own incomes and In my State, we have 1.2 million community. their own hopes eaten away simply because Marylanders covered under the Med- What did they do as a result of that they are carrying out their deep moral obli- icaid Program. We are talking about expansion? They expanded services at gations to their parents, and to their uncles, veterans, seniors, women, and children. Health Care for the Homeless. They and to their aunts. And no longer will this We are in partnership with our State; have a modern dental facility to take Nation refuse the hand of justice to those this is a program in which the Federal care of their population. They have ex- who have given a lifetime of service and wis- Government works in partnership with panded their behavioral health serv- dom and labor to the progress of this pro- our State to allow our State flexibility ices. They have been able to expand the gressive country. to figure out better and more efficient quality of service. We need to do more Thanks to these two programs, we ways to provide healthcare to vulner- of that. have come a long way toward building able people. In my State of Maryland, We haven’t yet figured out the opioid that just Nation President Johnson en- they have taken advantage of that to crisis. What we want to do in Maryland visioned. work out ways to coordinate care, pro- is expand peer review so that we have Before Medicare, only about half of vide more integrated care, so we can people who experienced this problem Americans age 65 and older had health take care of people who desperately available to help those who are suf- insurance. Today, more than 98 percent need help. fering. That means we need to invest of Americans age 65 and older have The coverage under Medicaid in- more money in Medicaid to save health insurance. cludes such important services as den- money. In Michigan, more than 675,000 people tal care, behavioral healthcare, and, of The mayor of Baltimore wants to es- have gained health coverage through course, for many of our seniors, a life- tablish a stabilization center. What Healthy Michigan, our Medicaid expan- line for long-term care. So these pro- does that mean? Rather than people sion, and 97 percent of Michigan chil- grams are critically important. having OD problems and being taken to dren can see a doctor when they get Let me underscore the point that Mr. our emergency rooms, we can get them sick or hurt. The number of people WYDEN made. It is at risk today. We to a stabilization center that knows treated without insurance has dropped say that because Mr. WYDEN mentioned how to follow up their care. They know 50 percent. In Michigan, we ended 2017 chapter and verse of President Trump’s we get them in care. with $413 million more than it invested budget that would jeopardize both There is a challenge when people who in the program, which is a savings for Medicare and Medicaid. But we don’t are addicted all of a sudden get heroin taxpayers in Michigan because fewer have to go to the President; we can laced with fentanyl. We have to protect people were walking into the emer- look at the Republican budget that was our population who are addicted, and gency room who didn’t have insurance submitted here in Congress and passed stabilization centers will help. They and couldn’t pay the bill. in Congress, which provided for a $1 will save money, but we have to invest It is good for State budgets, and it is trillion cut in Medicaid and a $500 bil- to do that. That means we need to ex- good for family budgets too. In fact, a lion cut in the Medicare Program. pand our budget support for Medicaid, recent study found that the finances of This is not hypothetical. We are here not contract it. low-income residents improved in today to celebrate the 53rd anniversary On this 53rd anniversary, I wanted to States like Michigan that chose to ex- but also to say that we should not be join my colleagues and just praise the pand Medicaid. jeopardizing these programs through progress we have made. I urge our Re- I know what a difference these pro- these reckless budget cuts. We should publican colleagues to abandon this ef- grams make for Michigan families be- be strengthening these programs. fort to reduce the Federal Govern- cause they share their stories with me. Let me quickly point out what we ment’s commitment to both Medicare Ann was diagnosed with multiple need to do. In Medicare, I think we all and Medicaid. Let’s work together in sclerosis when she was 40 years old. understand that if an individual only the best traditions, in a bipartisan She has very limited use of her arms has traditional Medicare, there are manner, to strengthen and expand and legs. Yet she feels so strongly quite a bit of out-of-pocket costs they these programs, and let’s make that about Medicare and Medicaid that she have to incur under the current Medi- commitment on the 53rd anniversary of traveled to Washington, DC, at my in- care laws. It is not going to cover Medicaid and Medicare. vitation, to speak at a healthcare hear- things such as dental care or hearing I thank my colleague. His usual pas- ing last year. aids. We should be looking at ways to sion and eloquence is so appreciated Medicare and secondary insurance strengthen the Medicare system, as and his decades of commitment to cover most of the costs of Ann’s medi- previous Congresses have done. Let’s these wonderful programs. I thank cation, which costs an astounding make it stronger. Let’s provide help for him. $75,000 a year. That is nearly her entire

VerDate Sep 11 2014 04:53 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.041 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE July 31, 2018 CONGRESSIONAL RECORD — SENATE S5487 household income, including Social Se- Mr. WHITEHOUSE. I thank Senator viders, the doctors, who are in those curity benefits. WYDEN. accountable care organizations who are Ann had been caring for her aging Mr. President, it is great to be here redesigning care in ways that are won- mom, but when her mom’s dementia to have a birthday party to celebrate derful for their patients. worsened, Ann didn’t know where she Medicare and Medicaid, which are the I will briefly discuss the example— would find $6,000 a month for nursing kinds of huge successes for a nation because I am so proud of it and men- home care. Fortunately, Ann’s mom that don’t happen very often, but they tion it all the time—of Coastal Med- qualified for Medicaid. Here is what sure did happen in America. And what ical, which is one of our biggest pro- Ann said: a change it made when Medicare and vider groups in Rhode Island. It is a It was only because of Medicaid that she Medicaid were there to support Amer- doctor-run accountable care organiza- was able to get the help that she needed at ican families. There is scarcely an tion. What they did is they signed up the end of her life. . . . I don’t know how I American family today who doesn’t to early on—what they called Pioneer could have cared for my mother on top of some extent depend on Medicare or ACOs. The deal was this: We will take managing my own care. My family would have lost our home and all our savings try- Medicaid. We have planned our lives some of the risk of how our patients ing to keep up with their bills. around the safety and security of those run up costs in the system, and we will In Felicia’s case, she may have lost programs, and we have avoided enor- share if we can make money back for her life. In 2011, she was an AmeriCorps mous human suffering by virtue of you. member with no health insurance. those programs. Now, in the bad old days of managed When she started feeling tired all the Of course, coming from a small State care, when insurance companies tried time and losing weight, she went to the as I do, it is very important for us in to do this, they went in and said: Well, Center for Family Health in Jackson, Rhode Island to celebrate our role in you can’t have that, and we are cutting MI. Felicia was diagnosed with stage 4 this important legislation because one you off on this, and we are not paying Hodgkin’s lymphoma. The Center for of the original authors of the Medicare you, and we just hired 50 people to Family Health helped her get Medicaid bill was Representative Aime Forand of make sure that your claim never gets and care at the University of Michigan, Cumberland, RI, who served over in the settled. They just, basically, pushed including a stem cell transplant. House for 22 years. He served with back on paying for things. Felicia wrote: great distinction. He was passionate That is not the way the doctors work Now I am feeling awesome, I am cancer- about healthcare and about building in the ACO process. They have done free, and I am working part time while I am this program. He was one of the origi- things like hire social workers, phar- finishing up college. I feel that I owe my life nal groups of the Members of Congress macists, and home visitors. What they to the Center for Family Health. who got together and designed the have done is to take their patients and Fifty-three years after they were cre- Medicare Program. When it came time to decide they are going to help make ated, Medicare and Medicaid are more to pass it in 1965, it was Rhode Island them healthier. They are going to have than just programs, and that is really Congressman John Fogarty of Provi- social workers make sure they get the why we are here on the floor this dence who was then the chair of the benefits they need. They are going to evening. They are powerful tools to House Appropriations Subcommittee have home care workers go to their promote health, to prevent poverty, for Labor, Health, Education, and Wel- homes to see what they can get done at and to protect families and give them fare. So between one of the original au- home. They use electronic monitoring the dignity of knowing that they have thors of the legislation and one of the and testing so they can keep better healthcare when they need it for them- key chairmen supporting the legisla- track of the reports and keep better selves, their children, their moms and tion, there was a lot that Rhode Island track of people’s care. They engage dads. did to accomplish these wonderful with their patients. LBJ said 53 years ago: goals. What we have seen—because a lot of There are men and women in pain who will It gives me particular pride as a people I know in Rhode Island get their now find ease. . . . There are those fearing member of the Rhode Island delegation healthcare through Coastal Medical—is the terrible darkness of despairing poverty to come here for the Medicare-Med- a lot of really happy patients. Now you . . . who will now look up to see the light of icaid Senator WYDEN birthday party. I can call at 2 in the morning when you hope and realization. are sick, and at Coastal Medical, you There just can be no satisfaction, nor any am very glad to have the chance to do act of leadership, that gives greater satisfac- it. will get a live nurse who will talk you tion than this. These programs provide health insur- through what is going on and help you I think we share those sentiments, ance coverage to over half a million decide if you actually need to go to the which is why we are not only here cele- people in my State. That is half the emergency room or not and get you in brating 53 years of Medicare and Med- State. Without it, so many lives would quick, first thing in the morning, if icaid but indicating in the strongest be changed for the worse. Nationally, it you don’t go to the emergency room possible terms our commitment to is a little bit over 130 million Ameri- and they still want to see you and keep Medicare and Medicaid strong for cans. When you consider the families check you out. current families and for future genera- who get the protection of having a fam- So, for the patients, this has been an tions. ily member covered, as I said, it is vir- incredible boon. They feel so much bet- I yield the floor. tually all of us. ter cared for, and they are, in fact, Mr. WYDEN. Mr. President, before Obviously, it is seniors. Rhode Island healthier. That comes back to all of us she leaves the floor, I want to thank has a lot of seniors whom we treasure here because—guess what—in the time my seatmate on the Finance Com- and whom we love having Medicare and that Coastal Medical has been doing mittee—a strong advocate for the con- Medicaid being there for, but it is also this, it has lowered the cost of care, cept that Medicare and Medicaid are people with disabilities, children, preg- year over year, for its patients—$700 guarantees. They are lifelines for work- nant women, veterans, and people per patient. ing families. fighting substance abuse disorders. It When we were passing the Affordable It is a pleasure to have you here on is a broad population. Care Act, we used to talk about how we this special occasion, and I look for- Medicare and Medicaid do their jobs were going to bend the healthcare cost ward to many more partnerships as we well. They do their jobs efficiently. curve down. We are not bending the start thinking down the road, as Sen- They do their jobs humanely. They do healthcare cost curve down at Coastal ator CARDIN said, about how we are their jobs with super-low overhead Medical; we are actually dropping going to strengthen these programs, compared to their private sector com- healthcare costs. It is actually below not just play defense against Congress. petition, and they do it in a very re- where it was. It is not just not accel- I thank you. form-oriented way. erating so fast. That is the kind of Ms. STABENOW. Absolutely. It is CMS that is leading the account- leadership that Medicare and Medicaid Mr. WYDEN. Another outstanding able care organizations process that and CMS support. member of the Finance Committee, was one of the great achievements of This is a really terrific and exciting Senator WHITEHOUSE. the Affordable Care Act. It is the pro- program in so many ways, not just in

VerDate Sep 11 2014 04:53 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.043 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S5488 CONGRESSIONAL RECORD — SENATE July 31, 2018 terms of humaneness, not just in terms fordable Care Act, which was built on Mr. President, 53 years ago this of security for American families but the foundation that President Johnson week, President Johnson signed the also in terms of leadership and in help- laid, and gave 20 million additional Medicare bill. I believe it to be one of ing us continue to develop a healthcare Americans, including hundreds of thou- the most important pieces of legisla- system that we can be very proud of. sands of Nevadans, access to affordable tion signed in the last 100 years. It fi- I am delighted to serve on the Fi- healthcare coverage. nally removed from the shoulders of nance Committee under the leadership Yet today is not just for celebration, the senior citizens of this country the of our ranking member, and I thank because our work is not yet done. Pre- burden, stress, cost, and anxiety of not him for convening us on this terrific scription drug prices, premiums, and knowing whether they were going to be birthday. I would only propose that copays are still too high. Too many able to pay for healthcare, for hos- when we do this again, there be cake. Americans can’t afford the medicine pitalization, for doctors’ visits, and, I yield the floor. they need in order to live. Too many later, for prescription drugs. Mr. WYDEN. I thank my colleague. Americans can’t find a doctor whose of- I will talk for a moment about two Mr. President, I particularly appre- fice is less than a day’s drive away. Too things. No. 1 is what it has done to our ciate the fact that more than anyone many Americans are still struggling to economy and, particularly, to the econ- else I know in this body, he keeps com- get healthcare that meets their basic omy involving seniors. ing back to the proposition of building needs. Here is a pretty graphic representa- the healthcare system around paying Instead of trying to expand access to tion. for value. My colleague went through healthcare, some of my Republican col- In 1965, when Medicare was passed, a some examples in his State and around leagues here in Congress are working third of the senior citizens in the coun- the country that are doing just that. every single day to attack the Afford- try lived in poverty. One-third lived in That is a big part of what we are going able Care Act and strip healthcare cov- poverty and in fear of losing every- to have to do to strengthen Medicare erage away from tens of millions of thing if they were stricken by health and Medicaid in the years ahead. So I Americans. Some Republican leaders catastrophes or even minor health thank my colleague. are now threatening to cut Medicare problems that they could not deal We are also so pleased that he has and Medicaid in order to pay for Presi- with. Over the next 53 years, this line joined the Finance Committee. Par- dent Trump’s massive tax cut to cor- has come down to 9.3 percent of seniors ticularly, this argument about paying porations and special interest groups. living in poverty. It has declined by for values has to be right in the center The Republican tax bill exploded our two-thirds, largely because of Medi- of strengthening Medicare and Med- deficit by $1.5 trillion, and now Repub- care, largely because the financial bur- icaid. I thank him for it. licans are demanding cuts to critical den of healthcare costs has been elimi- Our colleague from Nevada is its healthcare programs to pay for their nated from their shoulders. former attorney general and is a cham- lavish corporate CEO giveaway. So it is Now, Medicare isn’t perfect. There pion of the rights of seniors. I am very not enough to celebrate our progress. are things we can do to strengthen it, When President Johnson signed the pleased that she is here tonight. to improve it. I think one of the things Social Security Amendments Act, he I will tell my colleagues that we are we need to do is to talk about high landed an historic blow in the fight all trying to play catchup ball as we drug prices and the effect on seniors against poverty, injustice, and inequal- have started running behind. under Medicare. We also have to talk ity. Today, we have to rededicate our- I really welcome my colleague Sen- about prevention. One of the faults, I selves to that fight. believe, with Medicare is that it only ator CORTEZ MASTO from Nevada, and I We have to protect, strengthen, and pays for medical procedures and it look forward to her remarks. improve the Affordable Care Act. We doesn’t pay to prevent medical proce- Ms. CORTEZ MASTO. I thank Sen- have to lower the cost of prescription dures. The cheapest operation is the ator WYDEN. drugs and invest in the health of every one that you don’t have to have. I be- Mr. President, 53 years ago on July community. We have to create an af- lieve that is one of the areas in which 30, 1965, President Lyndon B. Johnson fordable public health insurance option signed landmark legislation to estab- that would be available to everyone in we can improve Medicare—to provide lish Medicare and Medicaid—two essen- the United States regardless of one’s more preventive services that will tial programs that provide healthcare income level. We also have to fight lower the costs for seniors, for the tax- to over 120 million Americans and over back against cuts to Medicare and payers, and for the whole economy. Medicare, I would argue, is one of the 1 million Nevadans. Medicaid, because the fight to protect most successful programs this body, When President Johnson signed this our healthcare is a fight to protect our historic bill, he said: dignity, our security, and our basic this government, and this country have No longer will older Americans be denied rights. ever adopted. Yet, as I stand here the healing miracle of modern medicine. No I yield the floor. today, there are people in this Congress longer will illness crush and destroy the sav- Mr. WYDEN. I thank my colleague. who are, essentially, talking about ings that they have so carefully put away Mr. President, suffice it to say, the scrapping it. They use all kinds of over a lifetime so that they might enjoy dig- Senator is someone who gets right to fancy language about ‘‘premium sup- nity in their later years. No longer will the point. She succinctly got to the port’’ and those kinds of things and young families see their own incomes, and that they don’t want to really do away their own hopes, eaten away simply because central question of ensuring that we they are carrying out their deep moral obli- build on the guarantee that has been with Medicare. Make no mistake. Pre- gations to their parents, and to their uncles, Medicare and Medicaid. She has been a mium support equals vouchers, and and their aunts. And no longer will this Na- terrific advocate for seniors. I followed vouchers equal the end of Medicare as tion refuse the hand of justice to those who her work in the State government and we know it. have given a lifetime of service and wisdom have followed it here. We are so pleased This is a horrible, no-good, rotten, and labor to the progress of this progressive that she is here to be a passionate lousy idea, and we shouldn’t do it. It country. healthcare advocate for millions of will decline. It will diminish the sup- On that day, LBJ declared an end to Americans. I thank her. port for the program and, ultimately, an era in which healthcare was denied To my colleagues, we have three Sen- put the burden back on seniors of pay- to the most vulnerable members of our ators who have arrived on time. Unfor- ing the cost of their healthcare. communities. tunately, the Senate is in its usual po- As to this whole idea of vouchers, So I rise to celebrate the incredible sition of being a little bit late. We have who at 85 or 90 years old wants to sort progress we have made since President Senator KING, Senator HIRONO, and through 10 different insurance policies, Johnson created Medicare and Med- Senator HASSAN, if my colleagues can compare deductibles and copays, and icaid. We lifted hundreds of millions of accept that. try to figure it all out? I don’t think Americans out of abject poverty and I thank Senator KING and look for- that is practical. I think it is a cruel provided hundreds of millions more ward to his remarks. joke on our seniors. As long as I am with dignity, security, and peace of Mr. KING. I thank the Senator from here, I am going to do everything I can mind. Then, in 2010, we passed the Af- Oregon for bringing us here today. to call out this idea for what it is—a

VerDate Sep 11 2014 04:53 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.045 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE July 31, 2018 CONGRESSIONAL RECORD — SENATE S5489 cruel swipe at the protection for sen- Ms. HIRONO. I have been with her in her program, converting Medicaid to a iors that Medicare has provided. home State and have seen the bond she block grant, and cutting nearly $2 tril- I had a roundtable with seniors in has with older people. We very much lion from both programs as part of his Maine just this week, and we talked welcome her for her remarks. fiscal year 2019 budget. about prescription drug prices but also Ms. HIRONO. Mr. President, I would These changes and cuts would have a about Medicare. One of the things I like to start by thanking Senator devastating impact on the hundreds of learned is about one of the most impor- WYDEN for his leadership in the fight to thousands of Hawaii residents who de- tant programs under Medicare. It is protect Medicare and Medicaid and for pend on these programs for their called the SHIP program, or the State organizing this time for us to speak on healthcare and their long-term care Health Insurance Assistance Program, this important subject. needs. whereby people help seniors to sort I grew up in a three-generation Medicaid, for example, serves around through what is still the fairly complex household. My 93-year-old great-grand- 350,000 Hawaii residents, including 38 process of signing up and determining mother lived with us for over 20 years, percent of all the children in Hawaii Medicare coverage. That has been cut and my grandmother lived with us and 15 percent of seniors, as well as 20 percent in the last 2 years. until she was 98. So I, of all people, of people with disabilities across our One of the things that came out of course know the importance of Medi- State. These cuts would be particularly our roundtable was that what we need, care to our seniors. devastating to Hawaii residents who as much or more than anything else, is On May 7, 2015—a full 3 months be- access healthcare through our Feder- information and guidance and care and fore he descended a golden escalator to ally Qualified Community Health Cen- concern. The SHIP program provides launch his campaign—Donald Trump ters, many of which depend on reim- that. To be cutting it at this moment, bragged on Twitter about how he was bursements through Medicaid to pro- again, is just inexplicable and, ulti- ‘‘the first and only’’ Republican can- vide high-quality care to those in need. mately, I feel, is cruel. Now is not the didate to run for President to state During the height of the debate to re- time to be making cuts in Medicare. that ‘‘there will be no cuts to Social peal the Affordable Care Act, I spoke Now is the time to be strengthening it, Security, Medicare, and Medicaid.’’ with Sheila Beckham, the CEO of to be providing for the future, and to He made, and repeated, that promise Waikiki Health on Oahu. Waikiki be providing for those citizens who are for a reason. Health operates a network of health coming up. All across the country, we know centers and shelters in Honolulu that I know people in Maine who can’t Americans across party lines care deep- cater to high-risk populations, includ- wait to be 65 because they will be cov- ly about healthcare and expect their ing a significant number of patients ered by Medicare. I suppose they would Members of Congress to protect their living with HIV and AIDS. If the Presi- just as soon not be 65, but they are healthcare. dent and congressional Republicans genuinely waiting for the time when Millions of Americans receive their had succeeded in cutting Medicaid, the burden of healthcare expenses is healthcare through Medicaid and Medi- Sheila would have had to lay off be- lifted from them, at least insofar as care. These two programs have helped tween 80 to 100 workers and close all Medicare can do so. Yes, it needs im- tens of millions of Americans since but two of the clinics she operates. provement; yes, we should do more their creation 53 years ago. Medicare Medicaid cuts would have also had a about prevention; yes, we should do provides quality health insurance for significant impact on women’s health more about the cost of prescription millions of seniors, and Medicaid helps outcomes throughout Hawaii. Last drugs, but, fundamentally, this is an them afford nursing home care and year, I shared a story about a young important program that is so essential other services when they need it. woman named Anne, who walked into to the lives of seniors across the coun- Medicaid has served working families the Kokua Kalihi Valley Clinic 3 years try and the 200,000 Medicare patients in and the poor who otherwise couldn’t af- ago. She had no health insurance, and the State of Maine. ford healthcare coverage, helping to she was pregnant at the age of 15. The This is an important anniversary. It bring our uninsured rate to a historic doctors at the clinic helped Anne apply is one that has really shown an incred- low, and Medicaid is currently helping for Medicaid, which helped her afford ible change. If anything has shown a tens of thousands of Americans receive prenatal care and gave her support to successful track record, it is Medicare, drug treatment amidst the ongoing stay healthy and in school. Medicaid and I am certainly going to do every- opioid epidemic. helped Anne and her husband Dan, age thing I can in my time here to make Again, it isn’t surprising that Donald 17, welcome a healthy baby boy named sure it maintains itself as a bulwark Trump pledged to protect these pro- Joseph. Today, Anne is a graduate of against the risk of medical catastrophe grams while campaigning for Presi- Farrington High School, she works for our seniors. We can do that, and we dent. They are wildly popular programs part-time and has plans to become a shall do it. for a reason, but it also isn’t surprising pediatric nurse practitioner. Her fam- I yield the floor. that almost immediately after his elec- ily now has health insurance through The PRESIDING OFFICER (Mr. tion, Donald Trump reneged on his Dan’s employer. DAINES). The Senator from Oregon. promise to protect Medicare and Med- Medicaid also plays a crucial role in Mr. WYDEN. Mr. President, before he icaid. It began when he appointed Tom providing long-term nursing care for leaves the floor, I wish to thank my Price—the architect of plans to dis- seniors who otherwise would not be colleague, particularly, for noting mantle Medicare and Medicaid—to able to afford it. I know how important some of the progress over the years as serve as his Secretary of Health and this is for our seniors in Hawaii be- he makes the case for the future. Human Services. cause we have in Hawaii the fastest I remember years ago, when I was di- It continued when the President and growing aging population in the entire rector of the Oregon Gray Panthers, it congressional Republicans sought to country. Across our State, Medicaid was common for a senior to have 15 or eliminate the Medicaid expansion and provides coverage for three in five even 20 private health insurance poli- cut hundreds of billions of dollars in nursing home residents. At Hale cies that were supposed to supplement Medicaid funding during the push to re- Makua on Maui, that number is closer their Medicare. Most of them weren’t peal the Affordable Care Act—the ACA. to 80 percent, and without Medicaid, worth the paper they were written on, It continued when the administration many of the residents would not be and finally we passed a law to end that issued new rules that allowed States to able to afford to stay there. incredible outrage. implement arbitrary work require- One story that has stuck with me So my colleague has really said it ments for Medicaid. Four States have came from Keith Moniz. After working well about some of the things that, for- already taken advantage of this new as a custodian for more than 40 years tunately, from yesteryear have been authority. If the rest of the country at St. Anthony’s School, Keith’s broth- changed, but it has highlighted what follows their lead, between 1 million er Lester lost his job and his health in- we have to do in the future. I thank my and 4 million Americans will lose their surance. Only a few short months later, colleague so much. healthcare coverage. Keith’s brother Lester had a debili- We have another advocate for our It continued when the President pro- tating stroke that left him perma- seniors here, the Senator from Hawaii, posed turning Medicare into a voucher nently disabled. Fortunately, Lester

VerDate Sep 11 2014 04:53 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.047 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S5490 CONGRESSIONAL RECORD — SENATE July 31, 2018 was able to obtain Medicaid coverage know some of my Republican col- In communities in New Hampshire and is now a long-term resident at Hale leagues are concerned about seniors, and throughout our country, seniors Makua. children, and working families who are able to live active, engaging, and Keith was very clear about what rely on Medicare and Medicaid every high-quality lives, participating phys- would have happened to his brother if single day. ically and economically, because of the the President had succeeded in making I think it is just astonishing that as care Medicare provides. We know Med- large cuts to Medicaid. Keith said: we are talking about cutting Medicare icaid has delivered countless benefits It would be devastating. We had a difficult and Medicaid for millions of seniors to people from all walks of life. Med- time taking care of him when he was at throughout our country, and hundreds icaid helps seniors and those who expe- home, and he’s gotten the care that he needs of thousands in Hawaii, these kinds of rience disabilities receive supports at Hale Makua. It would be a big loss. . . . I changes are being proposed by the very that allow them to live independently don’t know what we could do, where we President and the people in Congress in their homes and in their commu- would be able to move him to. who gave the richest 1 percent of the nities. It also helps countless children Our seniors—in Hawaii we call them people in our country and corporations who experience disabilities go to kupuna—would also be significantly a huge—a huge—tax break. By the way, school, and it assists school districts in harmed by the President’s plan to the President is talking about giving covering costs for special education voucherize and make huge cuts to the rich people in our country even services and equipment. Medicare. More than 230,000 kupuna— more of a tax cut. It is just astounding New Hampshire’s bipartisan Medicaid our seniors in Hawaii—or 17 percent of to me that while all of that is hap- expansion plan has provided more than our State’s population are covered by pening on the one hand, on the other 50,000 hard-working Granite Staters Medicare. Through its payments to hand, they propose changes to two with the peace of mind that comes with providers and purchases of medical huge programs that millions of people quality, affordable health insurance. equipment, Medicare generates $2.5 bil- in our country rely on. Where are our Experts on the frontlines have said lion for Hawaii’s economy. priorities? They are definitely mis- that our Medicaid expansion plan is the Our kupuna are already struggling placed if we go along with these No. 1 tool at our disposal to combat the with the rising cost of living and near- schemes. opioid crisis in New Hampshire. What ly 9 percent of them live in poverty. I call on my colleagues on both sides we have learned is that when people Many more are living on fixed incomes of the aisle to join me in this fight to who have substance misuse disorders and would be especially vulnerable to protect these critical social safety net have Medicaid coverage, they have the rising costs under the President’s plan programs. opportunity to change their lives, peo- to turn Medicare into a voucher pro- I yield the floor. ple like a Granite Stater named Eliza- gram. Mr. WYDEN. Mr. President, before beth, who at one point in her life was Last year, I shared the story of the Senator leaves the floor, I want to homeless and lost custody of her son as Lanny and Anne Bruner from Kauai. thank my colleague for an excellent a result of a substance misuse disorder. Lanny is 80 years old, but he is still statement. I thank her, in particular, Elizabeth is in recovery and works at working three jobs to make ends meet for her last point, highlighting the the SOS Recovery Community Organi- after losing the family home during the proposition that the administration zation in Rochester, a facility that re- 2008 mortgage crisis. His wife Anne has seems to be considering—after all the cently celebrated an expansion to en- glaucoma and pays what she calls a boondoggles that the fortunate few sure that they can help even more peo- ‘‘ridiculous amount’’ for eye drops. have already gotten, they seem to be ple in need. Elizabeth has credited her Lanny had a heart attack and two knee considering the idea of administra- recovery to the services she has re- replacements. Like many of our tively and unilaterally cutting the cap- ceived through Medicaid expansion and kupuna living on a fixed income, they ital gains tax to provide another wind- has stressed its importance in helping simply could not afford to pay the fall, while, as my colleague said—and I people who have struggled with sub- extra money they would be forced to went sort of page by page in the Presi- stance misuse disorder find the support pay if Republicans succeed in their ef- dent’s budget—they seek to clobber and help they need to improve their fort to privatize Medicare. Medicare and Medicaid. lives, to get better, to work, to raise a These stories underscore the impor- The Senator from Hawaii has given family. tance of and the need for Congress to us the starkest example of what the On this anniversary, we must reaf- pass specific legislation to protect priorities ought to be and what they firm our commitment to protecting Medicare and Medicaid from partisan shouldn’t be, and I thank her for her Medicare and Medicaid and strength- attacks from Donald Trump and con- excellent presentation. I look forward ening them so that they are available gressional Republicans. This week, I to working with her. for future generations. Unfortunately, will be introducing new legislation Our last Senator slated to speak this the Trump administration and my Re- that would prohibit Congress from evening is Senator HASSAN, a Governor publican colleagues have repeatedly making devastating cuts to Medicare who knows inside out how these pro- pushed efforts that would undermine and Medicaid through the budget rec- grams work, understands the fed- and drastically cut Medicare and Med- onciliation process. It accomplishes eralism aspect of this—the Federal- icaid. this objective by requiring any legisla- State partnership, for example—in During last year’s TrumpCare debate, tion that seeks to make certain terms of Medicaid. She has been work- a top priority for Republicans was in- changes to Medicare or Medicaid to re- ing with families in her State and with stituting massive cuts to Medicaid that ceive 60 votes in the Senate before such families around the country for years would have forced States to choose be- changes can be implemented. Of and years as an advocate of these pro- tween slashing benefits, reducing the course, these changes include increas- grams. I really appreciate her joining number of people who can get care, or ing the Medicare eligibility age, us tonight. both, threatening the very services on privatizing or turning Medicare into a Ms. HASSAN. Mr. President, I thank which children, people with disabil- voucher program, block granting or the Senator from Oregon for organizing ities, and seniors depend. Thankfully, imposing per capita caps on Medicaid, this evening’s recognition. the TrumpCare bill failed, but efforts and rolling back the ACA’s Medicaid Fifty-three years ago this week, from this administration to sabotage expansion. President Lyndon B. Johnson signed the health of millions haven’t stopped, My legislation builds on the success Medicare and Medicaid into law, deliv- and Medicare and Medicaid continue to of an amendment I introduced with my ering healthcare to seniors and some of be under threat for drastic cuts, all so colleague from , Senator DON- our most vulnerable citizens, and bol- that Republicans can pay for their NELLY, during last January’s budget stering efforts to expand opportunity massive tax breaks for corporate spe- debate to protect these programs. Al- and help more of our people thrive. cial interests. though our amendment did not pass—it Today, tens of millions of Americans These attacks on our healthcare came pretty close—two Republicans are covered through Medicare and Med- must stop. Our constituents under- joined us in supporting it. It is nice to icaid. stand the benefits of these programs,

VerDate Sep 11 2014 04:53 Aug 01, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.049 S31JYPT1 SSpencer on DSKBBXCHB2PROD with SENATE July 31, 2018 CONGRESSIONAL RECORD — SENATE S5491 and they want us to work together to again, that the guarantee reaches into the Reserve of the Air Force to the grade in- safeguard them so that they are avail- every nook and cranny of our commu- dicated under title 10, U.S.C., sections 12203 able and effective for our seniors, our nity. That means seniors in traditional and 12212: children, our most vulnerable, now and Medicare, seniors who secure their To be brigadier general in the future. healthcare through Medicare Advan- Col. Timothy J. Madden With the creation of Medicare and tage, and seniors in accountable care The following named officer for appoint- Medicaid, our country acknowledged organizations. All of them, wherever ment in the United States Air Force to the an obligation to protect the health and they get their healthcare, ought to be grade indicated while assigned to a position wellness of our people, and it has ac- able to secure an updated Medicare of importance and responsibility under title knowledged and it has seen the value of guarantee that addresses the upcoming 10, U.S.C., section 601: doing so—for individuals, for commu- challenge of our times, the great chal- To be lieutenant general nities, and for our economy. lenge of our times dealing with chronic Lt. Gen. Jeffrey L. Harrigian Fifty-three years ago, Americans illnesses. The following named officer for appoint- made a promise to each other, as self- My colleagues have laid out what our ment in the United States Air Force to the governing people have the unique privi- job is all about, which is preventing grade indicated while assigned to a position lege and power to do. I am going to of importance and responsibility under title the effort to go backward, when we like 10, U.S.C., section 601: continue fighting to make good on that to think about going forward into the To be lieutenant general promise for years to come. future in a fashion that updates the I yield the floor. Medicare guarantee for all older people Maj. Gen. Thomas A. Bussiere Mr. WYDEN. Mr. President, before and those who look forward to those The following named officer for appoint- my colleague leaves the floor, I want to years, and protecting the great safety ment in the United States Air Force to the grade indicated while assigned to a position thank her for her thoughtful remarks net of our time—Medicaid. in recognizing that as we talk about of importance and responsibility under title Mr. President, I yield the floor. 10, U.S.C., section 601: the future of Medicare and Medicaid, The PRESIDING OFFICER. The Sen- To be lieutenant general what we see is a constant need to up- ator from Florida. Lt. Gen. Kenneth S. Wilsbach date these terrific programs for the f times. When I was director of the Gray IN THE ARMY Panthers, opioids were not an issue. EXECUTIVE SESSION The following named officer for appoint- Today, it is a dominant force in Amer- ment in the United States Army to the grade ican life. My colleague is a leader in indicated while assigned to a position of im- EXECUTIVE CALENDAR portance and responsibility under title 10, the effort to find smart, passionate, U.S.C., section 601: cost-effective programs to deal with Mr. RUBIO. Mr. President, I ask To be lieutenant general those challenges, and I thank her for unanimous consent that the Senate her thoughtful comments. proceed to executive session for the Lt. Gen. Stephen M. Twitty Ms. HASSAN. Mr. President, I thank consideration of Calendar Nos. 1017 IN THE MARINE CORPS Senator WYDEN for his leadership for through 1029 and all nominations The following named officer for appoint- our seniors, for our Nation’s economy, placed on the Secretary’s desk in the ment as Assistant Commandant of the Ma- and for all of our people. Air Force, Army, and Navy; that the rine Corps in the United States Marine Mr. WYDEN. I thank my colleague. nominations be confirmed; that the Corps, and for appointment to the grade indi- motions to reconsider be considered cated while assigned to a position of impor- Mr. President, I have one brief com- tance and responsibility under title 10, ment to wrap up. I see my colleague made and laid upon the table with no U.S.C., sections 601 and 5044: intervening action or debate; that no from Florida here. My colleagues have To be general essentially spent close to an hour talk- further motions be in order; that any Lt. Gen. Gary L. Thomas ing about these programs that are lit- statements related to the nominations erally a lifeline to millions of Ameri- be printed in the Record; that the IN THE AIR FORCE cans, Medicare and Medicaid. As high- President be immediately notified of The following named officer for appoint- lighted tonight, it has always been the Senate’s action, and the Senate ment in the United States Air Force to the grade indicated under title 10, U.S.C., section that we have had to play a lot of de- then resume legislative session. 624: fense to prevent big attacks on these The PRESIDING OFFICER. Is there To be brigadier general programs—we even saw them in the objection? President’s budget as I went page by Without objection, it is so ordered. Col. Susan J. Pietrykowski page—when what we really would like The nominations considered and con- The following named officer for appoint- to do is play offense and think about firmed are as follows: ment in the United States Air Force to the grade indicated while assigned to a position the future. IN THE ARMY of importance and responsibility under title My colleague from Florida is here. He The following named officer for appoint- 10, U.S.C., section 601: has a very large elderly population, as ment in the United States Army to the grade To be lieutenant general many Senators do. indicated while assigned to a position of im- Maj. Gen. Jon T. Thomas When I was director of the Gray Pan- portance and responsibility under title 10, thers, Medicare had two parts. There U.S.C., section 601: IN THE ARMY was Part A for hospitals and Part B for To be general The following named officers for appoint- ment to the grade indicated in the United doctors. That was it. If you had a bro- Lt. Gen. Stephen R. Lyons States Army under title 10, U.S.C., section ken ankle and you went to the hos- IN THE AIR FORCE 624: pital, that was Part A. If you had a The following named officer for appoint- To be brigadier general horrible case of the flu, you went to ment in the United States Air Force to the Col. Gregory K. Anderson the doctor, and you were taken care of grade indicated while assigned to a position Col. Christine A. Beeler of importance and responsibility under title in an outpatient fashion. That is not Col. Peter N. Benchoff 10, U.S.C., section 601: Medicare today. Medicare today is Col. Mark S. Bennett chronic illnesses—diabetes, heart dis- To be lieutenant general Col. Gregory J. Brady ease, chronic pulmonary diseases. Maj. Gen. Brian T. Kelly Col. Michele H. Bredenkamp Eighty percent of the Medicare Pro- The following named officer for appoint- Col. Edmond M. Brown gram is going to be consumed by ment in the United States Air Force to the Col. Robert M. Collins chronic illnesses in the days ahead. grade indicated while assigned to a position Col. Kimberly M. Colloton Congress has just begun the effort to of importance and responsibility under title Col. David S. Doyle update the Medicare guarantee to in- 10, U.S.C., section 601: Col. Thomas J. Edwards, Jr. Col. Marcus S. Evans To be lieutenant general corporate those hugely important chal- Col. Brett T. Funck lenges—cancer, diabetes, heart disease. Lt. Gen. Mark D. Kelly Col. James J. Gallivan Those are chronic illnesses. I close by The following named Air National Guard of Col. Brian W. Gibson way of saying that this update means, the United States officer for appointment in Col. Amy E. Hannah

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