[Pages S283-S299]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          LEGISLATIVE SESSION

                                 ______
                                 

   BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT--MOTION TO PROCEED--
                                Resumed

  The PRESIDENT pro tempore. Under the previous order, the Senate will 
resume consideration of the motion to proceed to S. 6, which the clerk 
will report.
  The senior assistant executive clerk read as follows:

       Motion to proceed to Calendar No. 4, S. 6, a bill to amend 
     title 18, United States Code, to prohibit a health care 
     practitioner from failing to exercise the proper degree of 
     care in the case of a child who survives an abortion or 
     attempted abortion.

  The PRESIDING OFFICER (Mr. Sheehy). The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, I ask to speak in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    52nd Anniversary of Roe v. Wade

  Mr. GRASSLEY. Mr. President, in early February 1972, when abortion 
was not the issue it is today and probably after California had changed 
its abortion laws under then-Governor Reagan, the Iowa Legislature 
considered repealing Iowa's law about abortion. I cast my first vote in 
that assembly. That year, our abortion law stayed in place on a vote of 
44 to 44. Then, 1 year later, everything changed.
  Today marks the 52nd anniversary of Roe v. Wade. I invite my 
colleagues to a moment of silence and somber reflection to honor the 
millions of lives quietly lost to abortion since 1973.
  (Moment of silence.)
  I also invite my colleagues to share my heartfelt hope in this new 
era we are in following the 2022 Dobbs v. Jackson Supreme Court 
decision. Since then, we have witnessed the American people, in their 
respective States, reempowered to protect lives in the womb.
  These young lives are precious, vulnerable, and equal in worth to 
each of our own who are here today and millions throughout this 
country.
  I recall with joy the moments that I learned that I was a father, a 
grandfather, and now a great-grandfather. I am amazed at how technology 
has changed over time to reveal the humanity of the unborn ever more 
clearly.
  Through ultrasound imaging, I saw my grandchildren and great-
grandchildren in the early stages of their development. These 
ultrasound photos show how similar these little ones are to you and to 
me. Their hands and feet were tiny, yet indistinguishable from mine. We 
are all part of the same human family.
  I look forward to working with my colleagues in the 119th Congress to 
continue to support mothers, babies, and families through commonsense 
legislation.


                            Iowa Legislature

  Mr. President, I would like to proudly say that, 10 days ago, I had 
the opportunity to see a great-granddaughter, Reagan Grassley, open the 
Iowa legislative session. Her father, Pat Grassley, is the speaker of 
the Iowa House.
  I have had a chance, in his 6 years of being speaker, to see Reagan 
Grassley, now only a freshman at Dike-New Hartford High School, give 
the opening prayer at each one of those opening sessions.
  And I would like to repeat for my colleagues her prayer:

       Heavenly Father, we gather today with hearts full of 
     gratitude and hope as we celebrate the commencement of the 
     91st General Assembly of the Iowa Legislature. We thank You 
     for the trust placed in these new and returning lawmakers by 
     the people of Iowa.
       Lord, we ask for Your wisdom to be upon each legislator. 
     Grant them clear thinking in their decisions, clarity in 
     their thoughts, and integrity in their actions. May they be 
     guided by the principles of justice, compassion, and truth as 
     they navigate the difficulties of lawmaking.
       Bless them with the courage to uphold what is right, even 
     when it is not easy. Gift them with patience and perseverance 
     to address the pressing issues of our time.
       We also pray for their families, that they find support and 
     strength in each other as they share in the sacrifices and 
     challenges that come with public service.
       Lord, let this assembly be an inspiration of good 
     governance, where every decision made

[[Page S284]]

     reflects a commitment to the welfare of all Iowans, now and 
     for generations to come.
       In Your name, we pray.
       Amen.

  So you can see why I am proud of that granddaughter doing that from 
sixth grade now to a freshman in high school.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant executive clerk proceeded to call the roll.
  Mr. THUNE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                   Recognition of the Majority Leader

  The majority leader is recognized.


              Born-Alive Abortion Survivors Protection Act

  Mr. THUNE. Mr. President, later today, the Senate will proceed to a 
vote on whether to move to the Born-Alive Abortion Survivors Protection 
Act.
  It is a simple bill. It simply states that a baby born alive after an 
attempted abortion must be given the same protection and medical care 
that any other newborn baby would be given. That is it. A baby born 
alive after an attempted abortion must be given the same protection and 
medical care that any other newborn baby would be given.
  This shouldn't be a controversial bill. We should all be able to 
agree that a baby born alive after an attempted abortion must be 
protected. And yet I fully expect that, later today, my Democratic 
colleagues will vote no on this legislation.
  They will vote against protection for a living, breathing newborn 
baby simply because that child has been born alive after an attempted 
abortion.
  Now, why are they going to vote like that? After all, I think most 
Democrats would still claim to oppose infanticide, even if the moral 
line, at times, appears to be slipping. Yet Democrats are going to vote 
against legislation to provide appropriate medical care to living, 
breathing newborn children.
  I am sure they will offer some vague justifications for their 
opposition, like keeping the decision between a woman and her doctor, 
even when the decision we are talking about is denying a child 
appropriate medical care.
  But I think it is safe to say that what it all boils down to is this: 
Democrats will oppose legislation to provide appropriate medical care 
to newborn children who survive abortions because they are afraid.
  They are afraid if they recognize the humanity of a living, breathing 
born baby in an abortion clinic, they might end up pointing to the 
humanity of the unborn baby in the abortion clinic. That is what this 
boils down to. Democrats are afraid that by recognizing the humanity of 
the newly born child, they will inadvertently point to the humanity of 
the unborn child.
  I do understand where they are coming from. After all, once you 
recognize the humanity of the newly born baby, it gets a little harder 
to say that that child wasn't human just a few minutes ago simply 
because he or she wasn't yet born.
  So because there is nothing more important to Democrats than 
abortion, they will vote against legislation to provide appropriate 
medical care to babies born alive in an abortion clinic, just in case 
such a law ends up jeopardizing their cherished ``right'' to an 
abortion.
  I think this should make Democrats--frankly, it should make all of 
us--think.
  When the supposed right to kill unborn babies starts motivating you 
to vote against protections for born babies, perhaps you should start 
questioning the whole abortion project, because if there is one thing 
the controversy over this bill demonstrates, it is this: Once you start 
denying the humanity of some groups of human beings, once you start 
saying some human beings' lives aren't worth as much as other human 
beings' lives, you jeopardize respect for all human lives.
  And so we now find ourselves at a point where nearly 50 percent of 
the U.S. Senate is unable to clearly state the humanity and value of 
the born child, where nearly 50 percent of the U.S. Senate is going to 
vote against protection not just for unborn children but for born 
babies as well.
  I have to say, this is a disturbing place that we have gotten to, and 
I hope--I sincerely hope--it will lead us to reflect on what a lack of 
respect for unborn children's lives has cost us.
  Mr. President, we are better than this.

       We hold these Truths to be self-evident, that all Men are 
     created equal, that they are endowed by their Creator with 
     certain unalienable Rights, that among these are Life, 
     Liberty, and the pursuit of Happiness.

  I pray for a day when we fully live up to that promise and when the 
right to life of every human being, born and unborn, is respected.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                   Recognition of the Minority Leader

  The Democratic leader is recognized.


                          Trump Administration

  Mr. SCHUMER. Mr. President, well, Donald Trump made a lot of promises 
on what he would get done on day one. Well, today is day three of 
Donald Trump's Presidency. Nothing Donald Trump has done will help 
lower grocery prices. Nothing Donald Trump has done will lower 
prescription drug costs. Instead, President Trump's biggest 
accomplishment to date has been to issue unconditional pardons to 1,500 
lawless rioters who attacked police officers and invaded the Capitol.
  Why on Earth is the President already spending so much time focused 
on the past, focused on his grievances, instead of focused on costs and 
jobs and improving healthcare for the American people? The American 
people have to wonder, how on Earth will pardoning January 6 rioters 
help me pay for food at the grocery store, help me get a lower cost for 
buying a home, or help me save more money for my retirement? How on 
Earth will Americans feel safer if the President rewards lawbreakers 
who assault police officers by setting these criminals free?
  So much for focusing on lowering prices.
  Pardoning lawless rioters is not what the American people signed up 
for when they voted for Donald Trump. They wanted the President to get 
to work quickly on issues that impact them--costs, safety, healthcare.
  The first 3 days of Donald Trump's ``golden age'' has been golden for 
everyone but working Americans. It is a golden age for big 
corporations. It is a golden age for pharmaceutical companies. It is a 
golden age for polluters. It is a golden age for lawlessness. It is 
not--not--a golden age for hard-working Americans who want their costs 
reduced.


                          Cabinet Nominations

  Mr. President, on nominations, yesterday, I met with President 
Trump's nominee to serve as Director of OMB, Russell Vought. I walked 
into my meeting with Mr. Vought, of course, skeptical. Then I walked 
out of the meeting even more deeply troubled. Of all the extremists 
President Trump could have picked for OMB, he picked the godfather of 
the ultraright.
  Mr. Vought's goal is clear and simple: He wants to dismantle the 
social safety net and starve America with the most radical budget cuts 
in living memory. In the past, he has called for gutting Social 
Security, gutting Medicare and Medicaid. He wants to eliminate the 
Department of Education. He has proposed cuts to disability payments 
for retired veterans. He wants to cut SNAP benefits, raise drug 
prices--all in the name of an ultraright, extremist ideology that 
prioritizes the needs for the wealthy few. They want to cut the 
daylights out of everything else so they can give tax cuts to the very 
wealthiest in our society, who are doing quite well.
  When I asked him which parts of Project 2025 he disagreed with, he 
was unable to give me a single answer.
  I am also deeply worried that Mr. Vought will disobey the law when it 
comes to following through on congressional spending. President Trump 
has already begun issuing Executive orders that jeopardize billions 
upon billions in bipartisan infrastructure projects across the country. 
They say this is

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temporary, but we all know how Washington works--temporary trial 
balloons turn into permanent anchors.
  Congress has already approved these investments. President Biden has 
signed them into law. These projects help red States and blue States 
and support families, help parents raise kids, and lead to stronger 
communities.
  If Donald Trump does, in fact, freeze these funds now so he can 
resume them and take credit down the line, people's jobs and 
livelihoods would be at risk. Mr. Vought, I fear, would only enable 
this unlawful behavior. In fact, Vought is one of the leading 
proponents of impoundment of funds, which should be frightening not 
only to those who represent blue States but also those who represent 
red States where so many of the investments are going.
  Mr. Vought is testifying right now before the Senate Committee on the 
Budget. It is important that we build a record about the deeply harmful 
plans he has for the country. It is an opportunity for Americans to see 
for themselves how truly radical President Trump's second term could 
well be.


              Born-Alive Abortion Survivors Protection Act

  Mr. President, under President Trump, it will be a golden age for the 
anti-choice--the extreme anti-choice--movement. The bill we are voting 
on today, the Republicans' so-called Born-Alive bill, is as pernicious 
as they come. It attacks women's healthcare using false narratives and 
outright fearmongering, and it adds more legal risk for doctors on 
something that is already illegal.
  So much of the hard right's anti-choice agenda is pushed, frankly, by 
people who have little or no understanding of what women go through 
when they are pregnant.
  The situation targeted by this bill is one of the most heartbreaking 
moments a woman could ever encounter--the agonizing choice of having to 
end care when serious and rare complications arise in pregnancy. It is 
moments like this where we should support women and doctors most, not 
use them as political football, as this bill does so heartlessly.
  Remember when Republicans claimed they would leave the issue of 
choice to the States? Remember that? That is out the window. This bill 
is a metaphor for what is to come: an emboldened, extremist anti-choice 
resurgence far, far further to the right than the American people are.
  Here is a message to my Republican colleagues: Today would be a great 
day for Senate Republicans to do something lowering the cost of 
groceries instead of attacking women's reproductive care. It would be a 
great day for Senate Republicans to do something to make prescription 
drugs more affordable. It would be a great day for Republicans to help 
do something to help Americans trying to buy a home.
  Instead of lowering costs, Senate Republicans are putting their 
energy into controlling women's healthcare. This is not what the 
American people signed up for.


                        Artificial Intelligence

  Mr. President, finally, on AI, yesterday, a group of AI and tech 
companies announced their pledge to invest as much as $500 billion to 
ramp up our Nation's AI and data center infrastructure. Of course, if 
AI becomes one of the central technologies of our lives, as is 
expected, we must build the capacity to support that demand, no 
question about it. But already President Trump is tying himself into 
knots and talking out of both sides of his mouth. On the one hand, he 
goes on about how we need more power, we need more electricity to meet 
the demands of AI, and then on the other hand, he spent his first day 
in office proposing Executive orders that cut clean energy investments, 
halting wind and solar and putting those jobs at risk.
  These AI data centers will depend on more clean energy production and 
transmission, and cutting clean energy will cut a good chunk of the new 
energy that is about to come on board. So for President Trump to cut 
clean energy investments is tantamount to cutting AI's potential. One 
hand doesn't seem to know what the other hand is doing.
  If President Trump wants to help AI's growth instead of hurt it, he 
should revoke his promise to kill the clean energy jobs we are going to 
need to support America's energy needs.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BARRASSO. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The majority whip.


                          Cabinet Nominations

  Mr. BARRASSO. Mr. President, yesterday, I had a chance to meet with 
President Trump at the White House. I shared with him that his nominees 
are receiving strong support here in the U.S. Senate, and I assured 
President Trump that Republicans in the Senate are committed to working 
around the clock to confirm his nominees.
  To put this into perspective, yesterday, President Trump invited 
several of us to travel with him later this week. He is going to be 
going to North Carolina, as well as Los Angeles, to see the impact of 
the disasters and the devastation in both places. Well, we thanked him 
for the invitation and told him that we have pressing responsibilities 
right here on the floor of the U.S. Senate, because we are prepared to 
work late into the night and long weekends if Democrats choose to 
deliberately delay the votes on his Cabinet, as it appears they are 
doing right now. So that is exactly what we are planning to do--
continue to work to get these individuals, who are strong and tough, 
confirmed by the U.S. Senate.
  Last night, what we saw here in this body was Democrats decided to 
stall the confirmation of John Ratcliffe. Mr. Ratcliffe is President 
Trump's nominee to be Director of the Central Intelligence Agency. The 
nomination is supported completely--bipartisan. Actually, his specific 
nomination was voted 14 in favor to only 3 against in the committee, 
the Intelligence Committee of the U.S. Senate. But last night, here in 
this body, Democrats chose last-minute obstruction. They are just going 
to slow it down anyway, even though he has been supported out of the 
Intelligence Committee, bipartisan, 14 to 3. What they are doing is 
shameful. Our world is far too dangerous to delay confirming the head 
of the CIA.
  So I hope my Democrat colleagues don't have plans for the weekend 
because I guarantee you the Senate is going to be here in Washington 
voting to confirm President Trump's nominees. So get ready for some 
long nights, long hours, day after day after day. We are going to be 
here Thursday, Friday, Saturday, Sunday, if we have to. We are ready to 
work around the clock, and we mean it.
  That is what Americans voted for. According to a recent FOX poll, 78 
percent of Americans say Democrats should work with President Trump.
  The American people elected President Trump to change Washington, to 
get the country back on track. They voted for common sense, and 
President Trump is a commonsense President.
  President Trump has proposed an agenda that is popular. It is 
optimistic, and it is unifying. And he has chosen a strong team to work 
with him.
  President Trump has built, I would say, a Cabinet that is not 
business as usual. His nominees are motivated. They are qualified, and 
they are committed to Americans' safety and prosperity.
  They are going to work aggressively--aggressively--to address the 
challenges of high prices, of open borders, of crime, and of what we 
have seen in the last administration, which was an America-last energy 
policy. Oh, they are ready to go after the burdensome regulations that 
face people all across the country.
  You know, hours after President Trump was sworn in, Senators voted 
unanimously to confirm Marco Rubio to be Secretary of State.
  This week, we have more nominees to consider. And, as the Senate 
exercises our constitutional duty, we should remember a few facts: 
First, let's compare this to President Obama, who had seven Cabinet 
nominees confirmed on his very first day in office.
  Second, the current Democrat leader at that podium moved quickly to 
confirm President Biden's nominees, and he said that swift confirmation 
votes, he said, are ``traditional for a new President.''

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  Third, Democrats are actually supporting many of President Trump's 
nominees in the committees. That proves that--well, it proves what we 
already know: that these nominees, in addition to being bold, have 
bipartisan support.
  All but two Democrats voted with every Republican to support Kristi 
Noem after her hearings in the Homeland Security Committee. She has 
been nominated by President Trump to be the Secretary of Homeland 
Security. Her vote was 13 to 2.
  Several Democrats also voted to support Scott Bessent, who is 
President Trump's nominee to be Secretary of the Treasury.
  Let me remind my colleagues what Democrats have said about President 
Trump's nominees.
  Senator Tammy Baldwin of Wisconsin introduced Sean Duffy for his 
hearing when he was nominated by the President to be the Secretary of 
Transportation. What Senator Baldwin said was a glowing comment. She 
said Sean Duffy ``is the right guy to help deliver for Wisconsin 
families, businesses, and workers.''
  Our colleague John Hickenlooper of Colorado introduced Chris Wright 
at the hearing to be Secretary of Energy. Senator Hickenlooper said 
this: Mr. Wright is ``a scientist who has invested his life around 
energy.''
  Senator Mark Kelly of Arizona said Lee Zeldin is ``a qualified 
candidate to lead the Environmental Protection Agency.''
  Senator Martin Heinrich of New Mexico said Doug Burgum, current 
Governor of North Dakota, is ``a talented nominee'' to lead the 
Department of the Interior.
  I think we should pay attention to those comments. Democrats know 
that President Trump's nominees are ready to get on the job and are 
qualified to do the work.
  Yes, the Senate should give advice and consent. That is an obligation 
we have. But disgruntled Democrats should not use the Senate's 
constitutional power as an excuse to delay and deny.
  Americans want results. That is what they voted for in November. They 
did not vote for resistance. They want to get this country back on 
track.
  I yield the floor.
  The PRESIDING OFFICER. The Democratic whip.


                      Nomination of Kashyap Patel

  Mr. DURBIN. Mr. President, yesterday, I met with Kash Patel, 
President Trump's nominee to serve as Director of the Federal Bureau of 
Investigation.
  We all know the FBI. It plays a critical role in keeping America safe 
from terrorism, violent crime, and other threats. The person who is in 
charge of our Nation's leading law enforcement organization, the FBI, 
should be someone who is nonpartisan, solid, reliable, with a 
demonstrated skill in law enforcement.
  We were reminded of this on 9/11, that the FBI is the leading Agency 
that we, in America, rely on to keep us safe. The 30,000 professionals 
at the FBI have the skills and resources to do the job. They deserve a 
leader who understands the gravity of their mission.
  After meeting with Kash Patel, I have grave concerns about his 
fitness for the role of FBI Director. Mr. Patel has neither the 
experience, the temperament, nor the judgment to lead the Federal 
Bureau of Investigation. He is a staunch political loyalist who has 
repeatedly peddled false conspiracy theories and threatened to 
retaliate against those who have slighted him personally and 
politically.

  Start with January 6. I was here in the Senate that day. I will 
always be grateful to the U.S. Capitol Police and DC police officers 
who defended everyone who works in this building from an angry mob that 
was egged on by President Trump. You have seen the videos. You know 
what I am talking about. But Kash Patel, the man who claims he should 
lead the FBI, actually says the FBI ``was planning January 6 for a 
year''--``planning January 6,'' the FBI.
  And he posted on social media: ``Jan. 6 never an insurrection.'' Then 
he said: ``Cowards in uniform'' exposed.
  Let me say those words again: ``Cowards in uniform.'' That is what 
Mr. Patel said. I asked him about that statement in my office 
yesterday. He couldn't explain it. Who were these so-called cowards in 
uniform when the mob stormed the Capitol Building on January 6? Who 
were these people? Were they the Capitol Hill police and the DC police 
Officers who literally risked their lives to protect us and the Vice 
President?
  In light of the deaths and serious injuries they faced, Mr. Patel 
should not even suggest the possibility that these were cowardly acts. 
These were acts of bravery and courage. Many of them risked their lives 
for us, as they do every single day.
  To the people who have gathered in the balcony here to observe the 
Senate in session, to the thousands of visitors to this building, look 
around you. Quietly standing guard are men and women in uniform, 
Capitol Hill police, who are ready to step in and protect you if 
necessary. On January 6, they did it at a great cost.
  So what are Mr. Patel's plans for the FBI, who he said was actually 
planning January 6? He said he wants to ``shut down the F.B.I. Hoover 
Building on Day 1 and reopen it the next day as a museum of the `deep 
state.' ''
  And he said:

       We're going to come after the people in the media. . . . 
     We're going to come after you, whether it's criminally or 
     civilly. . . . we're putting you all on notice.

  This is the man who wants to head up the FBI, and I am quoting 
exactly what he said.
  He has even published an enemies list of 60 people whom he calls 
``government gangsters.'' It is in writing. The playbook is there. The 
list of all 60 names is spelled out in detail.
  Who is included on this list of people that would be his enemies, the 
so-called government gangsters? Well, members of both political parties 
that Mr. Patel has identified, including former Trump administration 
officials, like Defense Secretary Esper.
  And then there is Bob Mueller. Bob Mueller is an extraordinary man, a 
patriot, a Republican, who has been called on repeatedly to serve this 
country, and he has done so willingly.
  He enlisted in the Marine Corps out of college. When one of his dear 
friends was killed in Vietnam, he decided that he had to serve and had 
to fight too. He served in the U.S. Marine Corps as a lieutenant and 
received a Bronze Star and a Purple Heart.
  Even after he was injured and received a Purple Heart, he returned to 
battle. He is an extraordinary person.
  I came to know him a few days after 9/11, when I reached out to see 
if there was anything I could do to help the FBI and its new leader, 
Mr. Mueller. We struck up a friendship and a relationship over the 
years. I respected him so much.
  What does Mr. Kash Patel think of Bob Mueller, this man who served 
our country in so many different ways? He calls him an ``utter swamp 
creature.''
  And then there is Paul Ryan, former Congressman from the State of 
Wisconsin, former Republican Speaker of the House. I count him as a 
friend--not a close friend but a casual friend, someone I like. We 
didn't have a lot in common when it came to politics, but I thought he 
was a good public servant, and he served our country well.
  What does Kash Patel, who wants to head up the FBI, say in his book, 
in writing, about Paul Ryan? ``Total failure and a coward''--Paul Ryan, 
``total failure and a coward.''
  Then there is GEN Mark Milley, who is Chairman of the Joint Chiefs of 
Staff. He served our country in so many different capacities. He led 
our troops in battle and distinguished himself time and time again. 
What does Kash Patel say of GEN Mark Milley, who served under President 
Trump's leadership? He calls him the ``kraken of the swamp''--the 
``kraken of the swamp.''
  Does this sound like the resume of a person who should lead the 
Federal Bureau of Investigation, the world's preeminent criminal 
investigation Agency?
  And I asked him a practical question as well: There are 30,000 people 
in law enforcement in the FBI. What do you think is the morale of that 
group after President Trump's pardons the other night of the people who 
were involved in the January 6 violence?
  Well, Mr. Patel went on to tell me that he didn't, in any way, 
approve of violence against law enforcement officers.
  And I asked him: Will you say that publicly, that you don't think 
they should have been pardoned if they were guilty of violence against 
police officers?

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  He said he would have to take it up the chain of command.


                          Presidential Pardons

  Mr. President, let me say, for a moment, we should reflect on these 
pardons and the people who received them. I want to make sure I put 
these details in the Record, without any question of their veracity.
  Some of the people convicted of violence, on January 6, here in the 
U.S. Capitol Building, who received full, complete, and unconditional 
pardons from President Trump, the day he was sworn in: David Dempsey, 
convicted of repeatedly assaulting police officers with pepper spray, a 
metal crutch, and wooden and metal poles. ``For over one hour, 
defendant David Dempsey viciously assaulted and injured police 
officers,'' Federal prosecutors charged.
  Metropolitan Police Department Detective Nguyen testified that after 
Dempsey pepper sprayed him, he was knocked down, and ``I thought 
that's, you know, where I'm going to die. And in my head, you know, I 
am thinking about my family at that point before anything else.''
  Dempsey was sentenced to 20 years in prison. He received a full, 
complete, and unconditional pardon from President Trump Monday night.
  Julian Khater pleaded guilty to pepper spraying Capitol Police 
Officer Brian Sicknick in the face. Later that night, Sicknick 
collapsed and was rushed to the hospital. He died the following day.
  According to the Washington, DC, medical examiner, Sicknick's death 
was due to ``natural causes''--two strokes--but ``all that transpired 
played a role in his condition.''
  Sicknick's mother Gladys spoke at Khater's sentencing hearing:

       Lawlessness, misplaced loyalty to a deranged autocratic 
     ideal, and hate killed my son. And I hope you are haunted by 
     your crimes behind bars. Whatever jail time you receive is 
     not enough in my eyes.

  He was sentenced to 6 years in prison and received a full, complete, 
and unconditional pardon Monday night.
  Christian Matthew Manley pleaded guilty to assaulting police with two 
cans of bear spray and throwing empty canisters at officers. Manley 
then threw a metal rod at officers. Federal Judge Tanya Chutkan told 
Manley, at his sentencing hearing, that ``there has to be an 
understanding that participating, taking up arms against law 
enforcement, taking up arms to basically try and overthrow the 
government, is going to be met with severe punishment.''
  Manley was sentenced to more than 4 years in prison. He received a 
full, complete, and unconditional pardon from Donald Trump Monday 
night.
  Patrick Edward McCaughey III was convicted of using a police riot 
shield to ``crush'' Metropolitan Police Officer Daniel Hodges in a 
metal door frame, leaving Hodges trapped, bleeding, and crying for 
help. ``If I was there much longer being assaulted in such a way, I 
knew it was very likely I wouldn't be able to maintain my 
consciousness,'' Hodges testified. ``Your actions on January 6 were 
some of the most egregious crimes that were committed that day,'' 
Federal Judge Trevor McFadden told McCaughey before sentencing him to 7 
years in prison.

  Mr. McCaughey received a full, complete and unconditional pardon from 
Donald Trump on Monday.
  Ryan Nichols pleaded guilty to pepper spraying police officers and 
urging rioters through bullhorn to storm the building. ``This is not a 
peaceful protest,'' he yelled, according to prosecutors. ``If you have 
a weapon, you need to get your weapon.'' Later that night, Nichols 
recorded a video of himself calling for a second American Revolution 
and stating: ``If you want to know where Ryan Nichols stands, Ryan 
Nichols stands for violence.''
  Nichols was sentenced to more than 5 years in prison and received a 
full, complete, and unconditional pardon from the President Monday 
night.
  Christopher Quaglin was convicted at trial of ``viciously assaulting 
police officers for hours,'' according to Federal prosecutors. ``On at 
least a dozen occasions, Quaglin stood face-to-face with officers as he 
screamed at them, pushed with outstretched arms, punched, swatted, and 
slapped officers; pushed bike racks into officers; and even choked one 
officer to the ground,'' prosecutors stated. Quaglin was sentenced to 
more than 12 years in prison.
  He received a full, unconditional, and complete pardon from Donald 
Trump on Monday night.
  Daniel Rodriguez pleaded guilty to using a stun gun and ``plunging 
it'' multiple times into Police Officer Michael Fanone's neck, in the 
words of prosecutors, leading Fanone to scream out in pain. ``During 
those moments, I remember thinking there was a very good chance that I 
would be torn apart or be shot to death with my own weapon,'' Fanone 
testified to Congress. Rodriguez was sentenced to more than 12 years in 
prison.
  Daniel Rodriguez was given a full, complete, and unconditional pardon 
from Donald Trump.
  Peter Schwartz was convicted of stealing pepper spray from police 
officers, distributing the canisters to other rioters and 
``indiscriminately'' spraying law enforcement, according to 
prosecutors. Court documents from the Justice Department described him 
as ``a welder by trade and a felon who has racked up numerous 
convictions from drugs, weapons, and violence over the last three 
decades.''
  The day after the riot, he allegedly posted on Facebook: ``What 
happened yesterday was the opening of a war.'' He was referring to 
January 6. ``I was there and whether people would acknowledge it or not 
we are now at war.'' Schwartz was sentenced to more than 14 years in 
prison.
  He received a full, unconditional and complete pardon by the 
President on Monday night.
  These are the instances that I wanted to highlight. For those who 
suggest these are just casual tourists to the Capitol, they should read 
the details of the attacks these individuals made on police officers 
who stood to guard us, the Vice President, and any visitors to the 
Capitol that day. They risked their lives for us and the pardons from 
the White House are impossible to explain under those circumstances.
  I raised those with Kash Patel. I said: You want to be the head of 
the largest Federal law enforcement Agency, the Federal Bureau of 
Investigation. What do you think those pardons are doing to the morale 
of police officers across the country?
  He said he did not condone violence against police officers.
  I wanted to make sure I made that clear for the record. I said: Would 
you say anything publicly about that? He said: I have to take it up the 
chain of command before I would say anything public.
  In 1976, Congress passed a law limiting the FBI Director to a single 
term of 10 years, intended to insulate this position from political 
influence. But President Trump repeatedly tried to bend the FBI 
Director to his political agenda. He fired his first FBI Director, Jim 
Comey. He forced out his second FBI Director, Chris Wray, when he 
refused to do his bidding.
  Now President Trump has nominated a proven loyalist in Kash Patel. In 
a 2019 meeting, Patel reportedly told President Trump, in the Oval 
Office, he wanted to expand his portfolio to ensure White House 
personnel were ``completely loyal to the administration.''
  Loyalty of police officers on a political basis is not the basis for 
sound judgment when it comes to law enforcement. We find loyal police 
officers in the countries with autocratic rulers throughout our 
history. We don't want that in the United States.
  Mr. Patel's political grievances make him a favorite of the MAGA 
world. But they have not prepared him to work night and day to keep 
America safe from violent crime, drug trafficking, terrorism, and other 
threats. Mr. Patel's endless list of political grievances, well-
documented threats of retribution are disqualifying; and they are 
spelled out in graphic detail in his own book, which I have read.
  The FBI is a critical Agency keeping America safe. Mr. Patel is not 
the person for this life-and-death assignment.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Ricketts). The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mrs. BRITT. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                            Laken Riley Act

  Mrs. BRITT. Mr. President, this week marks a new start for the U.S. 
Congress. After a yearlong battle over the

[[Page S288]]

Laken Riley Act, this week, we decided to put the security of the 
American people first and take the next step toward ending an era of 
open border policies. We passed the bill.
  It is impossible to overstate just how great an achievement it is 
that we came together to send the Laken Riley Act to the President's 
desk. For decades, it has been almost impossible for our government to 
agree on solutions for the problems at our border and within our 
country. The Laken Riley Act represents perhaps the most significant 
immigration enforcement bill to reach the President's desk since 1996. 
It is a significant first step to protect American families and to 
honor Laken Riley's life and legacy. It ensures that no family will 
have to endure the heartbreak that Laken's family has had to endure.
  With our Republican majorities in both the House and the Senate, 
Congress is back to working for the American people once again. The 
American people made their voices heard on November 5, and they told 
this city that they would no longer tolerate a government that ignored 
our border crisis; that they would no longer put up with open borders, 
unsafe streets, and soft-on-crime policies. Congress listened, and we 
have delivered, but we are not finished yet.
  Monday, Inauguration Day, marked the start of a new American golden 
age. With President Trump back in office and with our majorities ready 
to work with him, we are headed toward creating a safer, more secure, 
incredible country. The Laken Riley Act is no doubt a step in that 
direction.
  Now is the time to turn the page from the last 4 years, to think 
about what we can do together to turn the will of the American people 
into action, to do the things a government is meant to do: provide 
security for its people, ensure its streets are safe, and enforce the 
rule of law.
  It is also a time of remembrance. It is a time to think about the 
light Laken Riley shone on all of those around her, the example she set 
for how to live one's faith and make a positive impact in the world. I 
am so proud that we came together in this body to honor her and the 
profound impact she had on everyone who knew her.
  To Allyson and John Phillips, Laken's mother and stepfather, thank 
you for the courage you have shown in advocating for this bill and for 
Laken's legacy. We are all eternally amazed by your grace and strength 
in the face of tragedy. You, like Laken, are so incredibly inspiring, 
and as you so humbly said about the passage of this bill, all the glory 
to God.
  I would again like to thank Representative  Mike Collins, who has 
spearheaded it to House passage not once but twice, and I look forward 
to its third and final passage today in the House.
  I would also like to thank Leader Thune, who, in his very first month 
as leader, took a difficult issue and moved it gracefully through the 
U.S. Senate.
  And a big thank-you to the rest of my colleagues here in this body 
and the ones in the House for coming together, for putting partisan 
differences aside to find common ground to actually achieve a result, 
and for showing the American people that they can trust their elected 
Representatives to listen, to understand, and to do the right thing.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Connecticut.


                     Nomination of  John Ratcliffe

  Mr. MURPHY. Mr. President, I want to address some concerns that my 
Republican colleagues have raised about my decision to insist on a 1-
day debate on the nomination of John Ratcliffe to be the Director of 
the CIA. Plain and simple, I think we should take some time--1 day--to 
consider one of the most important, sensitive national security posts 
in this new administration. I do not think it makes sense to ram 
through Mr. Ratcliffe's nomination with only 120 minutes of debate, as 
was the suggestion last night.
  Many people here have raised serious concerns about his 
qualifications. For instance, during his short tenure as Director of 
National Intelligence, Mr. Ratcliffe showed a very troubling propensity 
to play politics with sensitive intelligence. Most notoriously, just 1 
month before the 2020 election, on the day of the debate between Donald 
Trump and Joe Biden, Mr. Ratcliffe chose to declassify a cherry-picked 
CIA memo from 4 years earlier that outlined Russian claims that Hillary 
Clinton had approved a plan to tie Trump to Russia's hack of the DNC so 
that Trump could use that in the debate. These were unverified Russian 
intelligence claims. Mr. Ratcliffe's decision went against explicit 
warnings by CIA personnel that its release would put in jeopardy CIA 
sources, methods, and personnel, but he did it anyway on the day of the 
debate, a month before the election, because its release would help 
Donald Trump's reelection campaign.
  Now, it is true that during this day of debate we are having before 
we vote likely tomorrow, Senators may not be coming to the floor to 
give lengthy speeches on Mr. Ratcliffe's nomination, but this debate 
time--this day--gives all of my colleagues the time to carefully review 
the record and consider whether Mr. Ratcliffe is qualified. Maybe 
members of the Senate Intelligence Committee have had the time to do a 
full study, but the full Senate has not. So it is not too much to ask, 
given the very real concerns about this nominee's politicization of 
intelligence, for us to take a day--not a week, not 2 weeks; a day--for 
Senators to take the time to consider the record.
  But I want to make a broader point. I hear Republicans claiming that 
my decision to ask for 1 day of debate on a controversial nominee to 
lead the CIA somehow compromises our national security, so let me say 
this: Spare me. Two days ago, President Donald Trump pardoned 1,500 
rioters--including the most violent rioters--who stormed this building 
4 years ago, brutally beat law enforcement over the head with poles, 
tried to crush the heads of Capitol Police officers, and walked around 
here with zip ties, looking to do God knows what to any Democratic 
Congressmen or Senators they found. They assembled a gallows and a 
noose outside the Capitol to chants of ``Hang Mike Pence.'' All of my 
Republican colleagues were here when a Capitol Police officer burst 
through that door to rush us to safety before the mob attacked us.
  Republicans all of a sudden claim that law and order is a priority 
and we have to rush through nominees, and yet they stand by a President 
who just threw law and order out the window by pardoning not some of 
the rioters but all of them.
  Political violence in this country just became mainstream. It is now 
a fact of life in America. If you commit an act of horrific violence in 
the name of the President of the United States, that President will 
make sure you get away with it. That is fundamentally un-American, and 
it makes this country less safe.
  Let me guarantee you, a 1-day delay, a 1-day debate on the 
confirmation of the CIA Director does no damage to our Nation's 
security compared to the decision to pardon every single January 6 
rioter charged and convicted of crimes and let out of jail--some of the 
most violent rioters. Just to hammer home the point, if you don't 
believe me, let me explain to you who Donald Trump let out of jail 
yesterday.
  This is David Dempsey. He gave an interview in front of the gallows 
that had been built and fitted with a noose. He said he was at the 
Capitol that day, January 6, because Nancy Pelosi, James Comey, the 
Obamas, and the Clintons ``need to hang.''
  At the Capitol, he climbed to the front of the mob and immediately 
began attacking law enforcement officers who were trying to protect us. 
He used his hands, his feet, flag poles, crutches, broken pieces of 
furniture, and anything else he could find as a weapon to attack police 
officers.
  At around 4 p.m. that day, Dempsey pepper-sprayed DC detective Phuson 
Nguyen as another rioter yanked off the detective's gas mask. The spray 
burned Detective Nguyen's lungs, throat, and eyes. It left him gasping 
for breath, fearing that he might lose consciousness and be overwhelmed 
by the mob.
  Moments later, because Dempsey wasn't done, he hit Sergeant Jason 
Mastony over the head with a metal crutch. He struck him with so much 
force that it cracked the shield of his gas mask, causing Sergeant 
Mastony to collapse as his ears started ringing.
  Dempsey wasn't done, though. He was thorough. He was vicious. He kept

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going. He sprayed chemical agents at officers. He stomped on their 
heads. He hit them repeatedly with metal and wooden poles.
  Dempsey's violence reached such extremes that at one point, he 
actually attacked another rioter who was trying to stop him.
  He was sentenced by a jury of his peers to significant jail time for 
his litany of brutal attacks, as anyone in this country would.
  He walked out of jail last night, in the middle of his sentence 
because Donald Trump pardoned him.
  That is DJ Rodriguez. He didn't make any bones about what he was 
coming to the Capitol to do.
  The night before the insurrection, DJ Rodriguez posted on Telegram 
``There will be blood. Welcome to the revolution.''
  For weeks, he and members of his violent rightwing group had been 
organizing and planning what they were going to do. He encouraged 
members of the group to ``get a large knife,'' told them where they 
could buy bear spray. He said he ``highly recommended'' to wear goggles 
without breath holes and told them where they could get an axe handle. 
He was preparing for war.
  He began, you know, rather innocently, just spraying a fire 
extinguisher at a line of officers. When that didn't work, he found a 
long wooden pole to attack the officers.
  He wasn't done. After 37 minutes of repeated, frantic attempts to 
breach the Capitol, he finally got to the mouth of the tunnel in the 
Lower West Terrace. He grabbed an officer--by the neck--and dragged him 
into the mob. He takes a Taser and tases the officer in the head. The 
officer screams in pain, recoils from the shock, and jerks back his 
head.
  Rodriguez isn't done because he wants this guy dead. He strikes him 
again directly in the neck. The officer yells out. But it is over. The 
officer collapses, unconscious. And another officer has to drag his 
lifeless body away from the mob. The officer suffered a heart attack. 
His law enforcement career is over.
  Later that day, Rodriguez went to those gallows, took a picture, and 
posted ``No Democrats unfortunately.''
  After being convicted of beating a police officer by a jury of his 
peers, DJ Rodriguez was pardoned by Donald Trump.
  This is Thomas Webster. He traveled to DC ready for battle with a 
bulletproof vest. He carried a large metal flag pole with him to the 
riot at the Capitol. He led the charge against the police line. He 
spent 8 minutes elbowing his way through the crowd so he could be at 
the front of the mob. He used that pole to repeatedly attack police 
officers. He slammed it so hard the metal pole broke in half. So then 
he just charged directly at one officer, tackling him to the ground. He 
grabbed the officer by the helmet, dragged him, and pinned him to the 
ground. As Webster tried to rip off the officer's gas mask, the officer 
began to struggle for breath because he was being chocked by the chin 
strap. And as he gasped for air, Webster held him down on the ground, 
and other rioters kicked him repeatedly.
  After that, Webster was so fired up he posted a live video. He 
pleaded ``Send more patriots. We need some help.''
  He was convicted of all six counts in his indictment, including 
assaulting a police officer, like anybody would be in this country if 
they did what Thomas Webster did.
  He walked out of jail in the middle of his sentence Monday night, 
pardoned by Donald Trump.
  So here is the message: If you beat up a police officer in this 
country, you are going to jail for a long time, with one exception: You 
don't go to jail if you beat the hell out of a police officer in the 
service of Donald Trump. If you are engaged in violence to further 
Donald Trump's political career, then you face no consequences.
  What happened this week is that political violence got mainstreamed 
in America. There are still a lot of radical dangerous people out there 
in this world, and they now know that if they carry out violence in the 
name of Donald Trump, if they beat up police officers, if they attack 
Democratic officials and they are doing it to support Donald Trump, 
they are likely immune.
  That puts this Nation's security in jeopardy. That puts our lives in 
jeopardy. And I am just going to say it: It puts Democrats' lives in 
jeopardy in particular. Remember, DJ Rodriguez went to the gallows and 
said ``No Democrats here unfortunately.''
  Where is the broad righteous indignation from my Republican 
colleagues about that? Yes, a few of my Republican colleagues have 
criticized the pardons--I am thankful to them--but it is a minority. It 
is a small handful. Most Senate Republicans are silent.
  The wholesale endorsement of political violence is a grave national 
security threat to this Nation. Having a 1-day debate on the nomination 
of a CIA Director is not.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. SCHATZ. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Sheehy). Without objection, it is so 
ordered.


                  Nomination of Robert F. Kennedy, Jr.

  Mr. SCHATZ. Mr. President, you might think that the person nominated 
to lead our Nation's top health department, an Agency with a budget of 
over $2 trillion and responsible for running everything from Medicare 
to vaccine trials--you might think that that person would at least be 
interested in, if not experienced in, curing diseases and promoting 
public health; that they would be someone who follows science and works 
to build the public's trust in it.
  Robert F. Kennedy, Jr., is none of those things.
  For the first time ever, we might have a Health Secretary who has 
actively fueled disease outbreaks. He has literally made a career out 
of lying about the safety of basic vaccines. And it is not an 
exaggeration to say lives will be lost if he is confirmed. He has cost 
lives pretending to be a public health expert before, and he will do it 
again at scale if he becomes the next Health Secretary.
  This is not just some random dude with his buddies, kicking around 
weird ideas just for the hell of it. He is a Kennedy, with an enormous 
fortune, parachuting into countries to tell lies and stop people from 
taking lifesaving vaccines.
  In 2019, he flew to Samoa to discourage people from taking the 
measles vaccine, deepening a hesitancy that was already building. And 
it did work. Vaccination rates for eligible 1-year-olds--1-year-olds--
fell below 33 percent, and just 5 months later, Samoa found itself in 
the middle of a measles outbreak. So 5,000 people got the measles; 83 
people died--79 of them, kids. And 83 kids died because RFK, Jr., 
decided to leave the east coast of the continental United States and 
fly clear across the Pacific to Samoa to tell people not to take the 
measles vaccine.
  This is the nominee for the Secretary of Health and Human Services.
  In addition to spreading baseless lies about vaccines, he has also 
regularly spouted all kinds of deranged ideas, including--this is a 
direct quote--that COVID was ``targeted to attack Caucasians and Black 
people. The people who are most immune are Ashkenazi Jews and 
Chinese.'' He also claimed without any evidence that antidepressants 
are to blame for mass shootings and that chemicals in our water are 
turning our kids gay.
  I don't know why this guy is going to get a single vote. This isn't 
just somebody who has like a different view than me on mandatory COVID 
vaccinations. There is a lot of room for reasonable people to disagree 
about the conduct of the government--State, Federal, county--as it 
relates to the COVID vaccine and the COVID response. In a global 
pandemic, people--all of them, all of them in every State--everybody 
was trying their best. And there are a lot of lessons to be learned, 
including a kind of close call about whether mandatory vaccinations in 
the context of COVID as it was on the down slope even worked. But we 
are not talking about that; we are talking about measles, mumps, 
rubella, polio.
  His plans to remake the Department of Health and Human Services are 
equally terrifying. He wants to revoke

[[Page S290]]

approvals for the polio and hep B vaccines for children and roll back 
guidance on other vital vaccines. There is a reason that we haven't had 
to think about these awful, painful diseases in a long, long time, and 
it is because we vaccinated our way out of outbreaks.
  He has also vowed to fire hundreds of Federal health researchers and 
scientists and stop all research into infectious diseases and vaccine 
development because ``[w]e're going to give infectious disease a break 
for about eight years.''
  ``We're going to give infectious disease a break for about eight 
years.''
  This is as dangerous of a decision as the U.S. Senate could possibly 
take. You would honestly not put him in charge of a local clinic, let 
alone the country's entire health system.
  Look, I get it. I come from Hawaii. A lot of my constituents hear his 
critique of our food system and agree. Our food system is broken, and 
people are getting sick because of it. We have subsidized the wrong 
things for so long that you can find an unhealthy meal faster and 
cheaper than a healthy one. Ultraprocessed foods are everywhere, and 
healthy and hearty meals are harder to come by, and that has to change. 
But we don't have to bring measles and mumps back in order to fix our 
food system. We don't have to bring back the horrors of polio in the 
name of cleansing our diet.
  There are a lot of people in the Senate, including my dear friend 
Senator Cory Booker, who work really hard to solve this problem with 
the seriousness and the thoughtfulness that it deserves, to rein in 
factory farms, to empower family farmers, to make healthy food more 
readily available and affordable. We have to do all of that, but we 
don't have to purchase with this idea that our food system is broken 
the idea that the only way we can fix our food system is if we bring 
polio back, if we bring measles back, if we bring mumps back, if we 
bring rubella back.
  The medical profession at its best is about helping people, and I 
think about doctors like my dad, Dr. Irv Schatz, aboard a hospital 
ship, the SS Hope, providing free medical care to people across Latin 
America. So many like him put their lives and their careers on hold to 
travel far and wide to care for the less fortunate--helping kids with 
cleft palates, distributing mosquito nets, delivering babies, treating 
and preventing diseases. It is hard and unglamorous and unselfish work. 
It is God's work.
  So it takes a special kind of person to do the exact opposite, to do 
what this man did, which is fly around the planet to cause disease--to 
fly around the planet to cause disease.
  So, yes, this is a question of character and competence, but it is 
also a question of life and death and who we want in charge making 
decisions when lives are on the line. And it is our job here in the 
Senate to make damn sure that we protect the public health.
  I could not urge more strongly a ``no'' vote on this unqualified 
nominee.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. RICKETTS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Pro-Life Movement

  Mr. RICKETTS. Mr. President, the pro-life movement is about love, 
compassion, dignity, and respect. Nebraska is a pro-life State, and 
Nebraska has been a leader in the pro-life movement.
  In 2010, Nebraska was the first State to pass a law with regard to 
pain-capable fetuses and, effectively, made it so that you had a 20-
week prohibition on abortion protecting those babies after 20 weeks 
because they can feel pain.
  Last year, Nebraska, again, showed the Nation what we can do with the 
pro-life movement. We were the first State to pass a pro-life ballot 
initiative. And while doing that, we were able to prevent the pro-
abortion lobby from passing a really heinous pro-abortion ballot issue. 
The pro-abortion forces ballot initiative would have essentially 
enshrined in our Constitution not only the right to abortion but would 
have allowed abortion up until, essentially, the moment of birth. It 
was incredibly radical.
  I am very proud of our State. The people of Nebraska took our current 
law and kept that on the ballot and defeated the pro-abortion's very 
radical ballot issue.
  We have the opportunity here in the Senate to be able to continue to 
uphold the dignity of unborn children. There are a couple of bills I 
want to talk about. They both have the word ``abortion'' in them, but 
they are really not about abortion. They are about that love and 
compassion, that dignity and respect.
  The first is the Born-Alive Abortion Survivors Act. In 2002, Congress 
passed bipartisan legislation that said that children who survive an 
abortion are to be treated as people under the law. Now, to me, that 
seems a little crazy that we had to do that, but we actually passed 
that. It seemed common sense that if you are born, you are a person and 
protected under our laws here in the United States. Sadly, that is not 
the case.
  In that 2002 law, it didn't say that the child had to receive care. 
So what we have seen in the abortion industry is that when there is a 
botched abortion, that baby oftentimes will just be born alive but then 
left to die of exposure. It is absolutely barbaric, absolutely heinous. 
And that is what the Born-Alive Abortion Survivors Protection Act does. 
It requires medical treatment to be given to those babies, so if a baby 
girl is born in a botched abortion attempt, that baby girl gets the 
medical attention it needs so that she can survive and grow up.
  You may say this sounds ridiculous. Why wouldn't that happen? Well, 
as I said, it does happen in the abortion industry.
  Melissa Ohden's mother was pressured into trying to have an abortion 
at a hospital in Sioux City, IA. Melissa was born alive. And thank 
goodness there was a nurse there who then took her to the NICU so she 
could get the medical attention so that she could survive and grow up 
to be the woman she is today. Melissa was later adopted and has 
contributed to our country.
  That is part of what we in the pro-life movement need to do is make 
sure we are defending the rights of these babies.
  We have another opportunity as well. And, again, the name of the bill 
has ``abortion'' in it, but it is not about abortion; it is about 
protecting the dignity of unborn children. In this case, it is unborn 
children who are killed in that abortion.
  Just a few years ago, the remains of over 2,000 aborted babies were 
discovered in a home in Indiana. Many Americans were shocked to find 
out that children who are aborted are often just disposed of. Their 
remains are treated like medical waste. That is just absolutely 
fundamentally wrong. These babies deserve the dignity that every other 
person has.
  And so, in a few days, I am going to introduce the Dignity for 
Aborted Children Act. What my bill will do is require the abortion 
industry to treat with dignity and respect the remains of these aborted 
children; that they will get the same dignity and respect as any human 
being who dies.
  Finally, I want to recognize that we have the March for Life coming 
up on Friday. I want to say thank you to all of the marchers who are 
going to be here to be able to demonstrate our movement's commitment to 
love, compassion, dignity, and respect.
  Your advocacy plays a critical role in making sure that we help save 
the lives of all of these unborn babies.
  When we talk about the most vulnerable, who could be more vulnerable 
than a baby who hasn't been born yet, and we can't hear that little 
girl's or little boy's voice yet? These marchers will be here to be 
that voice for those little babies.
  So thank you for the work you are doing to be able to continue to get 
our message out about love and compassion, dignity and respect.
  We need to remind all of our fellow citizens that these little babies 
deserve the same protections that we all have as citizens of the United 
States. It is about extending basic human rights to some of the most 
vulnerable among us. I appreciate the work that all of these pro-life 
advocates will be doing to be able to help carry our message out this 
weekend.
  Working together, we can defend life and empower women.

[[Page S291]]

  I yield the floor.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, 52 years ago today, Roe v. Wade was 
decided by the U.S. Supreme Court. Approximately 1 year before that, I 
was a member of the Iowa Legislature, and that legislature attempted to 
repeal Iowa's law of decades old. That vote in the house of 
representatives was 44 to 44, so obviously that bill was not adopted, 
and our ban on abortion continued for a year until Roe v. Wade. I was 
one of those 44 who voted to retain the law that had been on the books 
for a long period of time. Well, there has been a lot of history since 
then. We are still fighting this issue.
  This bill before the U.S. Senate now is a very important bill to 
express what life in the womb is all about.
  Dr. Willard Cates, the director of abortion surveillance at the 
Centers for Disease Control and Prevention in 1981, referred to the 
survival of a baby after an attempted abortion as the ``dreaded 
complication.'' Now, I happen to call that ``dreaded complication'' a 
miracle.
  While it may be a troubling truth for some people to hear that, there 
are babies who survive attempted abortions. In 2024, the American 
Journal of Obstetrics and Gynecology analyzed almost 14,000 late-term 
abortions and found that over 11 percent resulted in live births. 
However, because we lack reliable Federal and State abortion data, we 
don't know the number of babies who survive an attempted abortion and 
are born alive each year in the United States.
  When an abortion results in the live birth of a child, that child 
should be entitled to quality healthcare under the law. Tragically, 
that isn't always the case.
  During my time in Congress, I have heard a number of stories from 
abortion survivors regarding their health struggles and the lack of 
care they received following failed abortions.
  Melissa Ohden, for example, was born alive in 1977 and was left to 
die in a bucket of formaldehyde in a utility closet before being saved 
by two nurses. She is an advocate for children who come into this world 
the same way she did. Her message for moms considering abortion is 
this:

       There is hope for you and your child even after an 
     attempted abortion. You aren't alone.

  While children born alive are already recognized as persons under the 
law, there is not a Federal law on the books to penalize abortionists 
who actively kill or passively deny care to babies who survive 
abortions. These precious babies deserve justice. That is why I have 
joined my colleagues in introducing the legislation that we have 
entitled the ``Born-Alive Abortion Survivors Protection Act.''
  This legislation requires that any child born alive following an 
attempted abortion receive the same level of care as any other newborn 
who is born alive at the same stage of development. It doesn't and 
should not matter if a child is born in a hospital, in a maternity 
ward, or in an abortion clinic. In any case, this is a baby, and that 
reality ought to convict each of us in our hearts and move us to 
compassion and to action. Our bill would bring justice for babies who 
survive abortions and are born into this world.
  Under our current legal system, human lives viewed as unwanted are 
treated as dispensable. No matter what each of us may think about 
abortion, we must speak and vote with unity to protect children outside 
of the womb.
  In Congress, my colleagues and I have reached across the aisle to 
protect children in many other contexts, and I ask my colleagues to do 
the same here.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mrs. HYDE-SMITH. Mr. President, this is an incredibly special week 
for pro-life Americans. We have welcomed back a life-affirming 
administration with the second inauguration of President Donald Trump.
  Both Chambers of Congress are united in our pursuit of commonsense 
legislation to protect the most vulnerable Americans among us with a 
vote on the Born-Alive Abortion Survivors Protection Act.
  This Friday, we will join thousands of pro-life Americans who will 
faithfully participate in the 52nd annual March for Life in our 
Nation's Capital. The National March for Life always reminds us of why 
we continue to fight for stronger protections for our unborn children 
and for their mothers. Thankfully, the march also serves as a bright 
reminder of the progress we have made as a movement.
  Now, thanks to efforts led by my fellow Mississippians in the 
Governor's Office, the Attorney General's Office, and in the State 
legislature, we live in the Dobbs era. The entire process that brought 
us to this historical overturning of Roe v. Wade almost 3 years ago 
began with the introduction of a bill in the Mississippi State 
Legislature called the Gestational Age Act. My dear friend 
Representative Becky Currie is responsible for introducing this 
legislation, which turned out to be a catalyst for such great change in 
our Nation.
  (The remarks of Mrs. HYDE-SMITH pertaining to the introduction of S. 
Res. 30 are printed in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')
  Mrs. HYDE-SMITH. I yield the floor.
  The PRESIDING OFFICER (Mr. Tillis). The Senator from Texas.
  Mr. CORNYN. Mr. President, I want to start by thanking my friend and 
colleague Senator Lankford from Oklahoma in organizing a colloquy here 
recognizing the importance of protecting the lives of the unborn and to 
bring us together today to make a statement about the importance of 
standing up for the right to life.
  I look forward to joining my constituents back in Texas on Saturday, 
later this week, at the Texas Rally for Life, where I will be honored 
to speak.
  It is no mistake that the Declaration of Independence recognizes the 
importance of the right to life. Life and liberty are among the 
unalienable rights that have been guaranteed by our Constitution but, 
more importantly, by our Creator.
  Now, 3 years have passed since the Supreme Court struck down Roe v. 
Wade, which was judge-made law, drawing an arbitrary line at when 
abortions would be available or when they would not be available, and 
excluding any kind of participation from the American people, across 
this great land of ours of 330-plus million people, about what they 
thought.
  This decision returned the authority where it should have been in the 
first place, until the Supreme Court ruled in Roe v. Wade, back to the 
States, because now the elected officials in the various States are 
going to be accountable to their constituents at where that line is 
drawn.
  All the States and, thus, all the American people, through their 
elected representatives and their State legislatures, have an 
opportunity to weigh in. And I know that this can be a controversial 
topic. It is fraught with emotion and strong feelings. But it is 
important to point out that, notwithstanding where you think the line 
ought to be drawn at when an abortion should be available in America, 
it is the Democratic Party that is extreme and out of touch with the 
American people on this issue.
  Our Democratic colleagues have made clear that they support abortion 
on demand--anytime, anywhere, anyplace--funded by the taxpayer, even, 
up until the moment of birth and, in some instances, even after birth.
  This week, we will vote on the Born-Alive Abortion Survivors 
Protection Act, which would guarantee certain basic medical care to 
children who are born as a result of an unsuccessful abortion. In other 
words, if they are born alive, are they left to die or are they given 
the basic medical care that any infant would be given?
  My Democratic colleagues are on record for saying they think medical 
care is a basic human right. I heard the Senator from Vermont this 
morning, in the Budget hearing, talking about a fundamental right to 
healthcare. Well, now we are about to see whether they will vote to 
deny basic medical care to infants who survive abortions. If there is a 
basic right to healthcare in this country, will it be afforded to the 
most vulnerable of our citizens--children born alive as a result of an 
unsuccessful abortion--or not?
  It has been said before by many great minds that civilizations should 
be measured by the way we treat our most vulnerable members. It is hard 
for me to imagine anyone more vulnerable than an infant who has been 
born, who

[[Page S292]]

isn't wanted by his or her parents. To deny protection to these 
helpless newborns amounts to infanticide, and it is a tragedy that this 
is legal in our country.
  If America is to be truly great, we should, without question, be 
willing to, at least, provide basic medical care to these innocent 
children.
  I would hope our Democratic colleagues would examine their conscience 
and realize that there are more important things than politics in this 
world. In the end, we all have to live with our own consciences, and I 
would hope they would join us in voting for this legislation to protect 
the right to life for these, our most vulnerable citizens.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. LANKFORD. Mr. President, for the past 45 minutes or so, my 
colleagues have come to this floor to be able to talk about a bill that 
is coming soon that we will actually vote on at the bottom of this 
hour. It is a bill we have talked about for several years. It has been 
debated some. It is about what happens if a child survives a botched 
abortion.
  Now, I am going to talk about it a little bit. I have got some other 
colleagues who are going to step in, in a moment. Then I am going to 
talk a little bit more about this because this seems to be an 
incredibly misunderstood issue.
  It is interesting. We most often talk about a botched medical 
procedure--that if there is a botched medical procedure, someone dies. 
This is literally the opposite--that there was a botched medical 
procedure, and someone lives. The whole debate is, that botched medical 
procedure that was supposed to take the life of a child ends up 
actually delivering that child, and now you have a living, breathing 
child crying on the table, fully viable. The question is, What do we do 
now?
  Yesterday, my Democratic colleagues spent an hour on the floor saying 
that child should die. I disagree.
  In all of our conversations about abortion--and we have various 
opinions in this room, and, quite frankly, across the country. We have 
various opinions about when is a child a child. Some people believe a 
child is a child when they have unique DNA that is different than the 
mom, different than the dad. Conception has occurred; cell division has 
happened. That is, quite frankly, how science defines life, as unique, 
replicating cell division. Some people believe that is a child.
  Some people say: Well, it is not a child until there is a heartbeat.
  Some people would say: Well, it is not a child until there is 
actually a developed nervous system.
  Some people would say: It is not a child until the Roe standard, that 
I hear very often--that it is a viable child that could survive outside 
the womb, which is about 21 weeks of gestation.
  And I have a lot of my colleagues who will say: Well, I want to go 
back to the Roe standard.
  But I have yet to have a colleague come to me and say: I am OK with 
abortion after delivery.
  That is what we are talking about in this.
  Now, it is an incredibly small group that we are discussing here. But 
if we are talking about a common-ground issue, why wouldn't this be a 
common-ground issue?
  Earlier this week, we found a common-ground issue on the issue that 
is very contentious in this body about immigration. We have had a wide 
variety of opinions about how we do enforcement for immigration, but we 
found an area to say: If a person has crossed the border, committed 
multiple crimes in the United States, they should be detained.
  We found bipartisan agreement on that. We don't agree on everything, 
but we, at least, agreed on that one.
  You realize, that is the first bill like that that we have passed in 
decades--that has actually passed. It is going to be signed by the 
President. We are making law on that issue where we found simple common 
ground on a small, niche issue related to immigration.
  Well, this is a small, niche issue on a very contentious issue about 
abortion--what do we do when a child is actually delivered, instead of 
destroyed in the womb, that is a viable child?
  Now, some of my Democratic colleagues have said this never happens. 
Well, I would love to introduce you to a friend of mine named Melissa 
Ohden. When Melissa Ohden's mom was 19 years old, she was compelled by 
her family to have an abortion. She had an abortion--her mom did--and 
delivered that child. The child was delivered, and then, literally, the 
baby was set aside into the medical waste of that procedure at the 
hospital.
  The nurse then, a few minutes later, as she was cleaning up after the 
procedure, noticed the medical waste was crying and was breathing. So 
the nurse literally scooped up this child and took the child from that 
room to the emergency room, where she survived.
  Folks, early on, said she would be blind or she would have a major 
heart condition; she would have everything else. I wish you could meet 
Melissa. She is amazing. She is fully healthy.
  In fact, it was years later that she learned her adopted mom had 
adopted her because her birth mom literally didn't know she still 
existed. Her birth mom was never told that, actually, that abortion 
``didn't work.'' That child survived.
  They have since reconnected, Melissa and her birth mom--her birth 
mom, with deep regret, thinking about this beautiful child in front of 
her, that that life was almost destroyed. In fact, it was planned to be 
destroyed.
  Listen, this is not just an academic issue. This is real. Again, it 
is rare, but the question is: What do we do in those rare situations? 
How do we track this? How do we engage on it?
  I would ask any American: If there is a child lying on the table in 
an operating room, crying, what do we do then? I don't know many 
Americans who would say: Kill it.
  But here is what happens. In a botched abortion in America right now, 
when a child is actually delivered rather than destroyed in the womb, 
when literally there was a medical mistake that didn't take the life of 
the child but instead delivered that child into life--when that occurs, 
the current practice is everyone kind of backs away and allows the 
child to die on the table by exposure because it is against American 
law in every single State to take the life of a child. But if everybody 
just steps back and watches the child die, that is OK.
  My Democratic colleagues came to the floor yesterday and said: This 
is already illegal. Why are we even discussing this? This is already 
illegal. You can't have infanticide in America.
  And I would say that is correct; it is already illegal to do 
infanticide. But what is still allowed is a tiny, little loophole that 
if an abortion was botched, everyone can just back away and watch the 
child die; they do not have to give that child medical care.
  That is quite a loophole, and it is painful for me to even have to 
have this conversation in a nation like ours. Of all the things that we 
could talk about right now, why do we even have to discuss what to do 
with a child on a table in an operating room, crying? Why is this even 
a conversation?
  So we are bringing a bill to the floor today to be able to fix this. 
This is a bill we talked about multiple times in this body, but it 
should be the absolute, easiest common-ground piece to face. Which of 
us, standing in that operating room, would look at a crying child and 
would say: Ignore it. If we wouldn't say it there, we shouldn't say 
that here.
  So I will be back in a few moments, Mr. President. I have other 
colleagues who want to be able to speak to this issue, but I have some 
facts and myth that I want to do side by side with some of my 
Democratic colleagues who came to be able to share their perspective on 
this, and I want to be able to lay some things side by side to say what 
this bill actually does, not what the myth is and what is actually 
being told about it.
  In the meantime, I would encourage Members of this body to be able to 
look up my friend Melissa Ohden. Look her up online if you want to, see 
her beautiful picture, and read her story for yourself, because she is 
not the only one with that same story. She is just one of many that has 
that story. Just not many are willing to be able to step out and speak 
knowing that their life was intended to be taken, though today, they 
are still smiling and talking about the value of every single life.

[[Page S293]]

  I yield the floor.
  The PRESIDING OFFICER. The senior Senator from Louisiana.
  Mr. CASSIDY. Mr. President, the bill we are discussing today should 
be really straightforward. A child who survives a failed abortion 
attempt should receive lifesaving medical care. We are talking about 
not an abstraction; we are talking about a living, breathing person--a 
little girl or a little boy--who comes into the world after a failed 
abortion. And they shouldn't just be put to the side and allowed to 
die. They deserve the care that they need to survive.
  Imagine if it was a week later and they were going home from the 
hospital and there was a car wreck. You would rush them to the 
hospital. You would do everything to help that child survive.
  Once that child is born, it should be straightforward: We should be 
helping the child survive. And there is no difference in the value and 
dignity of a child--of a person--as to whether or not they were 
originally wanted or not. Once they are born, they have that natural 
right, which we all have, that is discussed in our Declaration of 
Independence: our right to life, to liberty.
  I am a physician, and I was trained to take the best care of a 
patient regardless of the circumstances that brought them before me. 
And it may have been someone that society didn't particularly care for. 
It didn't matter. That is my patient. I am going to do everything I 
possibly can to help that patient survive and to thrive. That should be 
the ethic, and we should enshrine it into law.
  But, Mr. President, I am a little struck. My Democratic colleagues 
offer a variety of excuses to justify opposing this bill. This is kind 
of like an inconvenient truth. Botched abortions happen.
  Now, my Democratic colleagues refuse to acknowledge that 
infanticide--withholding care to a baby who is born alive--is horrific 
and wrong, but we do know that failed abortions occur. The Senate HELP 
Committee--Health, Education, Labor, and Pensions--heard powerful 
testimony last year from Melissa Ohden. Melissa survived an abortion 
and would have been left to die if not for a courageous NICU nurse--a 
neonatal intensive care unit nurse. A life that could have been wasted 
now is used to advocate for those who do not have a voice.
  Innocent children should not have to hope that there is a NICU nurse 
like Melissa's who will do everything possible to save their life.
  Mr. President, this is a vote in support of basic human decency. 
Every child deserves to have a chance to live. And I urge my 
colleagues, if you believe in prayer, pray on that. If you don't 
believe in prayer, look at the Declaration of Independence. We are 
endowed with the natural right of life and of liberty. Reflect on that. 
Support this bill.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Democratic leader.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that after I 
speak, Senator Murray speak, and then the Senator from Oklahoma.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SCHUMER. Mr. President, first, I want to thank Senator Murray, a 
great champion of women's health, for adding her eloquence and 
expertise to the debate. When it comes to the issue of choice, women's 
rights, women's health, there is no greater spokesperson than she. So I 
thank her. We will hear from her shortly.
  Now, today's vote on the Senate Republicans' so-called Born-Alive 
bill makes one thing very clear: Under President Trump, it will be a 
golden age but for the extreme anti-choice movement. The bill is the 
very definition of pernicious. It attacks women's healthcare using 
false narratives and outright fear-mongering, and it adds more legal 
risks for doctors on something that is already illegal.
  So much of the hard-right's anti-choice agenda is pushed, frankly, by 
people who have little to no understanding of what women go through 
when they are pregnant. The scenario targeted by this bill is one of 
the most heartbreaking moments that a woman could ever encounter: the 
agonizing choice of having to end care when serious and rare 
complications arise in pregnancy. And at that moment of agony, this 
bill cruelly substitutes the judgment of qualified medical 
professionals and the wishes of millions of families and allows the 
ultraright ideology to dictate what they do.
  Women should be supported and trusted when faced with serious 
pregnancy complications. This is when male politicians should step up 
and support women, not use them as political footballs, as this bill so 
heartlessly does.
  And, if anything, this bill is a metaphor for what is to come: an 
emboldened extremist, anti-choice resurgence, further to the right than 
the American people are, even than most Republicans are.
  Remember when Republicans said this issue would be left to the 
States. Both President Trump and our Republican colleagues said: Don't 
worry; we are going to leave this to the States.
  That is not what this bill does. It doesn't leave it to the States. 
And I think that we are going to see this over and over again where 
promises made during the campaign are just broken. This one: 2 days 
after Donald Trump is inaugurated as President, it is no longer left to 
the States. And any promise that people made that we are going to leave 
things to the women and their doctors, that is out the window with this 
bill. And again, we are going to see that repeated over and over 
again--not left to the States, imposed by some politicians here in 
Washington on women across America, and not respecting the rights of 
women and their doctors and their families.
  Here is my message to my Republican colleagues: Instead of attacking 
reproductive care, today would be a great day for Senate Republicans to 
do something to lower the cost of groceries or prescription drugs or 
helping Americans buy a home. It would also be a great day for Senate 
Republicans to trust women and leave their healthcare choices up to 
them, but they are not doing that.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Washington.
  Mrs. MURRAY. Mr. President, earlier this week, we lost a friend and a 
champion for reproductive rights: Cecile Richards. She helped countless 
women and changed the conversation around women's health and abortion.
  And I know, if she were here, she would say: The fight continues.
  And that is very clear given what Republicans are choosing to focus 
on today. Of all the bills that we could be voting on--lowering 
healthcare costs, expanding childcare, helping our families--it is an 
absolute disgrace that Republicans are spending their very first week 
in power attacking women, criminalizing doctors, and lying about 
abortion.
  I am not going to let anyone perpetuate disgusting lies about people 
who have abortions and the providers who care for them. This is not how 
abortion works. Republicans know it.
  All babies are already protected under the law, regardless of the 
circumstance of their birth. Doctors already have a legal obligation to 
provide appropriate medical care, and we already know this sham bill 
from Republicans is not going anywhere. We have been here before.
  The last time we voted down this bill, I actually spoke about 
something Republicans refuse to acknowledge in this debate: the 
struggles--the struggles of a pregnant woman who has received tragic 
news that her baby had a fatal medical condition and would not be able 
to survive and who are able to make the choice that was right for their 
family.
  But now, here we are, already hearing stories of women who were 
denied that choice now by extreme Republican abortion bans.
  Can you imagine what it is like to go for months pregnant with a baby 
that you know will not survive and getting questions and comments like: 
Oh, is this your first child? Are you excited?
  Do you know what it is like to be that woman and fight back tears as 
you try to decide whether to nod politely somehow or explain that, 
actually, your world is falling apart--I can't imagine that, but it 
happens--and all the while you know you have to go through this against 
your will because some politician decided that they knew better than 
you and your family and your doctor.

[[Page S294]]

  Now, Republicans have a bill today to take that issue nationwide. 
That is what we are voting on. That is their top priority now that 
Trump is in office. Shame on them.
  I urge my colleagues to vote against this bill.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. LANKFORD. Mr. President, in just a few moments, this body will 
vote on a bill that actually doesn't limit abortion at all. It doesn't 
slow down one abortion. It doesn't stop one woman from choosing to have 
an abortion. It doesn't have a nationwide ban on abortion. In fact, 
this is a bill about what happens after an abortion.
  What is unique about this bill is it is asking a pretty simple 
question that seems like it would be a common ground issue for us, if 
there is, in this case, a medical mistake that didn't take a life, we 
normally think about a medical mistake that takes a life. But in this 
case, if there was a medical mistake that actually protected a life, 
what happens?
  This doesn't limit one single abortion in America, though many people 
in this body know me well enough to know I would love to protect more 
children in America. This bill just asks a simple question: If an 
abortion is botched and the child is delivered instead of destroyed in 
the womb and the child is alive and viable on the table, what happens 
next?
  Current medical practice is everyone in the room just backs away, and 
you allow the child to die on the table. I don't think that is what 
most Americans would want. I think most Americans would say: Hey, I 
have got boundaries on the issue of abortion and definitely fully born 
is a boundary.
  Now, it has been interesting, I have listened to the debate yesterday 
and today from my Democratic colleagues, many of them friends, we have 
a real disagreement on this. This is not extreme--as I have heard it 
described, an extreme, rightwing proposal about abortion.
  I just don't think if I pulled 100 people off the street and said: 
Hey, if a child is alive and screaming on the table after birth, what 
do you think we should do? I bet 100 out of 100 of them would say we 
should probably give them medical care. I just don't think that is 
extreme or out of the main thought in America.
  I think that is just who Americans are. We are compassionate people; 
that when we see a baby and look in their face, we don't say ignore 
them; we say let's provide some care.
  I have heard some of my colleagues say that we should respect the 
rights of women in this. By the way, I think one of those women should 
be that little girl that is born who is lying on the table right there 
crying. I think she should get some compassion and respect as well 
because a decision is being made at this point about what to do. And it 
is not a theory.
  Several of my colleagues yesterday have used terms during this debate 
like this is ``myth-based fearmongering.'' That was my favorite one. 
``Republicans are talking about stories that do not happen'' was also 
expressed by another one of my colleagues.
  This one was just a little more blunt. One of my colleagues just came 
to the floor and said: ``Republicans are lying.'' Well, here is what 
really happened. Let me give you a status. This doesn't happen very 
often at all. Thankfully, this is rare, but the CDC does some tracking, 
and there are, quite frankly, only eight States in America that 
actually keep track of this; that if there is a botched abortion, the 
child is actually delivered fully alive. There are only eight States 
that do it. Most States say don't. In fact, what is interesting is we 
tried to be able to track which States actually keep track of this and 
have some kind of instruction of what to do on healthcare on it. A few 
States do; many States don't. In fact, some States, like Minnesota, 
literally voted recently: We used to track reporting, but we don't even 
want to know anymore if this occurs. Don't tell us if it occurs.
  Of the few States, just 8, that actually track this, over a several-
year period, there were 277 cases like this where a child was actually 
delivered and was alive after a botched abortion.
  Now, again, that is not many, but we know from eight States in that 
short time period, that that is occurring.
  So, again, I go back to the basic question: What do we want to do 
about that? Do we want to just ignore that or do we have a thought 
about what should happen to that child?
  Some of my colleagues have said this only occurs if there is a 
pregnancy complication and the child was already going to die or there 
was a fatal medical condition that was actually occurring. Well, 
actually, that is not true in this bill. This bill is about a viable 
child that was delivered late term that is now on the table alive.
  I have also heard that this is going to have this massive overreach 
for doctors; that they are going to be oppressed, and they are going to 
be afraid to practice on this.
  Actually, the bill is pretty clear on this. This still gives the 
doctor the ability to use his or her professional judgment in the care 
that would normally be provided to a child that is born. That is it.
  The doctor may look at it and say: This child is not going to make 
it. That is still a professional judgment that is there or they may 
have a professional judgment that the child will make it. And as I have 
mentioned on this floor before, there are adults walking around today 
that survived an abortion, like Melissa Ohden and other folks that I 
know personally.
  So this is not something that just never occurs. So it doesn't limit 
abortion. It doesn't restrict doctors. It actually does happen--
contrary to what some of my colleagues have said that this never 
happens, it actually does happen on this.
  I have had colleagues that have said: Infanticide is already illegal. 
This is unnecessary so let's move on. This is unnecessary. Except we 
have also established the issue that, yes, taking the life of that 
child on the table, literally once that child is on the table crying, 
they can't reach down and take the life of that child. That is Kermit 
Gosnell, horrific stuff. But just allowing them to slowly die, that is 
still protected. So that is not there.
  One of my colleagues came to this floor and made this statement:

       At the center of this debate is whether we believe in the 
     premise from the Declaration of Independence that all are 
     created equal, that freedom belongs to everyone, and that 
     women deserve to be treated as equal citizens.

  I actually couldn't agree more with my colleague because that same 
Declaration of Independence, right next to that statement about 
everyone being created equal, also includes a simple little comment 
that says:

       Life, Liberty and the pursuit of Happiness.

  And our question on this particular bill is, when that child is born 
and she is crying on the table, does she have the opportunity for life, 
liberty, and the pursuit of happiness or not? That is all this bill 
does. This bill should be a simple process to say this is not who we 
are as Americans.
  As Americans, we respect the opportunity for life for that child that 
is fully delivered, and then we determine what we are going to do.
  Just because a baby can't defend herself, doesn't mean she is 
disposable. It means she is vulnerable, and that means we as a nation 
should determine what we are going to do with the life of the most 
vulnerable.
  I encourage a ``yes'' vote on this. This should be a bipartisan 
conversation where we speak from this body for those who cannot speak 
for themselves.
  I yield the floor.


                             Cloture Motion

  The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before 
the Senate the pending cloture motion, which the clerk will state.
  The senior assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the motion to 
     proceed to Calendar No. 4, S. 6, a bill to amend title 18, 
     United States Code, to prohibit a health care practitioner 
     from failing to exercise the proper degree of care in the 
     case of a child who survives an abortion or attempted 
     abortion.
         John Thune, Steve Daines, John Kennedy, Jim Justice, 
           James E. Risch, Tim Sheehy, Mike Crapo, Deb Fischer, 
           Tommy Tuberville, Rick Scott of Florida, Pete Ricketts, 
           Katie Britt, Ted Budd, Roger F. Wicker, Mike Rounds, 
           Roger Marshall, Eric Schmitt.


[[Page S295]]


  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
motion to proceed to S. 6, a bill to amend title 18, United States 
Code, to prohibit a health care practitioner from failing to exercise 
the proper degree of care in the case of a child who survives an 
abortion or attempted abortion, shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  Mr. BARRASSO. The following Senator is necessarily absent: the 
Senator from Tennessee (Mr. Hagerty).
  Further, if present and voting: the Senator from Tennessee (Mr. 
Hagerty) would have voted ``yea.''
  The yeas and nays resulted--yeas 52, nays 47, as follows:

                      [Rollcall Vote No. 11 Leg.]

                                YEAS--52

     Banks
     Barrasso
     Blackburn
     Boozman
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Curtis
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hawley
     Hoeven
     Husted
     Hyde-Smith
     Johnson
     Justice
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     McCormick
     Moody
     Moran
     Moreno
     Mullin
     Murkowski
     Paul
     Ricketts
     Risch
     Rounds
     Schmitt
     Scott (FL)
     Scott (SC)
     Sheehy
     Sullivan
     Thune
     Tillis
     Tuberville
     Wicker
     Young

                                NAYS--47

     Alsobrooks
     Baldwin
     Bennet
     Blumenthal
     Blunt Rochester
     Booker
     Cantwell
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gallego
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     Kim
     King
     Klobuchar
     Lujan
     Markey
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schiff
     Schumer
     Shaheen
     Slotkin
     Smith
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden

                             NOT VOTING--1

       
     Hagerty
       
  The PRESIDING OFFICER (Mr. Banks). On this vote, the yeas are 52, the 
nays are 47.
  Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected.
  The motion was rejected.
  The PRESIDING OFFICER. The Senator from Virginia.


                      Nomination of Peter Hegseth

  Mr. KAINE. Mr. President, I rise as a member of the Armed Services 
Committee to discuss the nomination of Pete Hegseth to be our Nation's 
Secretary of Defense.
  Let me make two preliminary comments.
  First, my philosophy about voting on nominees is to give deference to 
the President who has been elected, who has a mandate that carries with 
it a mandate to assemble a leadership team in executive positions, and 
so I always begin, with any President, Democrat or Republican, with a 
beginning standpoint that they should be able to assemble a team unless 
there are significant challenges with a nominee.
  Second, I do want to say that as part of the work I have done in 
examining this nominee, I did review his military record, and I express 
my respect for the military record. Pete Hegseth's service in the 
military, in my review of those Pentagon records, suggested that he 
served in a very honorable way, and I want to acknowledge that.
  Yet I rise to oppose the nomination and urge my colleagues to oppose 
it or at least take the time to really understand the gravity of the 
behavioral challenges that have been demonstrated by Mr. Hegseth during 
his career. I have multiple problems with this nominee for this 
position, and this position, Secretary of Defense, is the position that 
I view and many Virginians view as the most important Cabinet post. Let 
me review the reasons for my opposition.
  First, Mr. Hegseth's record is one of erratic, unprofessional, and 
troubling behavior.
  Mr. Hegseth was married twice before he was married to his current 
wife, his third wife. In the first two marriages, there were 
allegations in both of serious and multiple infidelities. I asked him 
at the hearing, when he appeared before us, whether he took an oath of 
fidelity to his spouses, and of course he did, in the same way that a 
Secretary of Defense will take an oath to uphold the Constitution of 
the United States, but the evidence that was before us, the public 
record that was before us, is very, very troubling.
  In Mr. Hegseth's first marriage, there were public reports that he 
was unfaithful to his wife at least five different times with multiple 
other people. He never rebutted that, and because he wouldn't meet with 
members of the committee on the Democratic side, we didn't get a chance 
to talk about that in a closed setting, which would have been most 
important.
  In his second marriage, he was married and, while married, fathered a 
child by a woman who would become his third wife in August of 2017. So 
he was still married to wife No. 2 and cheated on her with the woman 
who would bear his child and become wife No. 3. But in a very shocking 
way, to me, within 2 months after the birth of this child, he was at a 
Republican political event at a hotel in Monterey, CA, and he cheated 
on both his second wife and the mother of his newborn in an incident 
that led to a sexual assault criminal investigation.
  This behavior--look, people are people, and people make mistakes, but 
a first marriage breaking up over serial infidelity and then a second 
marriage also bedeviled by serial infidelity is something that has to 
call up questions about an individual's judgment.
  Mr. Hegseth has been the leader of two nonprofit organizations that 
are veterans service organizations. In one of the organizations, 
Concerned Veterans for America, during the time he was the CEO, an 
employee of the organization wrote a scathing report about Mr. 
Hegseth's creating a toxic work culture in this environment where 
impairment by alcohol was not only exhibited by him but tolerated in 
others and where there was a significant creation of a toxic work 
environment for women employees.
  The committee members have had access to a report that was not done 
because he was nominated for Secretary of Defense; this was a report 
that was done by employees and given to the leaders of this 
organization at the time--now nearly 10 years ago--with about 35 names 
of employees and individuals in the organization with knowledge of the 
facts and recitation of event after event after event where people were 
treated unfairly. Women were made to feel that they were second class 
in the organization, and alcohol abuse was common at workplace events.
  I referenced a sexual assault claim in Monterey, and I will call it 
an undisclosed sexual assault claim because Mr. Hegseth never told the 
Trump transition team about this event when he was being considered and 
vetted to be Secretary of Defense.
  Again, he is married to wife 2. He has now fathered a child by a 
woman, being unfaithful in that wedding, and within 2 months after 
fathering a child, he goes to an event in Monterey, CA, gets a woman at 
the event into his hotel room, and has sex with her. She claims she was 
drugged and raped and filed a criminal complaint about it with local 
law enforcement within days after the event. He admits the event. He 
says it was consensual--not a sexual assault, rape, but consensual--but 
he acknowledges that it occurred.

  What then happened is that the survivor went to local law enforcement 
and filed a sexual assault claim. The claim was investigated over a 
period of time. The prosecutor ultimately decided not to pursue 
criminal charges against Mr. Hegseth, but there was a civil claim as 
well that later led to a settlement with the victim, a payment of cash 
to the victim, and the entrance into a nondisclosure agreement with the 
victim.
  None of this was disclosed to the Trump team as they were examining 
Mr. Hegseth to be Secretary of Defense. He didn't disclose the event. 
He didn't disclose the criminal sexual assault claim. He didn't 
disclose the fact of an investigation. He didn't disclose the civil 
claim. He didn't disclose the settlement. He didn't disclose the cash 
payment. He didn't disclose the nondisclosure agreement. He hid all of 
it from the Trump transition team.
  When I asked him why, he didn't really have an answer, and I told 
him:

[[Page S296]]

I know the reason why. You were worried that if you told them about 
this, they would not nominate you to be Secretary of Defense.
  The relationship between a Secretary of Defense and a President is a 
very important relationship that demands complete candor. There is 
always some challenge. There is always something at the Pentagon that 
might be going wrong. Mr. Hegseth demonstrated at a very critical 
moment that he would not let the President-elect know about this fact 
because he wanted to advance himself and he worried that if he was 
candid, it would cause problems for him.
  I don't want a Secretary of Defense who is unwilling to be candid 
with the Commander in Chief, and he has already demonstrated grave 
reason to doubt whether he will be candid by his refusing to disclose 
the reality of this sexual assault allegation in Monterey.
  An affidavit was filed yesterday by one Danielle Hegseth, the former 
sister-in-law of the nominee, revealing publicly facts suggesting 
spousal abuse in Mr. Hegseth's second marriage. I don't know Danielle 
Hegseth. I haven't talked to her. I was not aware of that allegation. 
But it didn't surprise anyone on the committee who had reviewed the 
record. Why not? Because there are already facts in the record raising 
this very question. In fact, I asked Mr. Hegseth about it at the Armed 
Services Committee.
  During his second divorce, his own mother wrote him a letter saying 
essentially: You are a serial abuser of women, including your own two 
wives, and you need to look in the mirror, get some help, and figure 
this out. His mother even used the phrase ``neither X nor Y''--the 
names of the first two wives--``deserved the treatment they have 
received at your hand.''
  All of the committee members had access to that before the hearing--
all of them. What an extraordinary letter--your mother writing you a 
letter saying you are a serial abuser of women who needs to look in the 
mirror and get help and saying that the two wives that you have abused 
do not deserve the treatment they have received at your hand.
  So the allegation from Danielle Hegseth yesterday in reporting her 
observations of Mr. Hegseth's behavior and in particular the abuse of 
her sister-in-law have to be given some credence by this committee, and 
we have to avoid a rush that we may regret.
  I found it very unusual that when I asked Mr. Hegseth at the hearing 
if a sexual assault would be disqualifying to be Secretary of Defense, 
he would not agree with me; if spousal abuse would be disqualifying to 
be Secretary of Defense, he would not agree with me; if being impaired 
by alcohol while on the job would be disqualifying to be Secretary of 
Defense, he would not agree with me. These are not hard questions. They 
are clearly disqualifying behaviors, and the fact that he would not 
agree that they were disqualifying behaviors suggested to me, as I was 
watching that testimony, that they evinced a little bit of a guilty 
conscience. Why would I want to agree if I have concerns about my own 
behavior?
  What has been Mr. Hegseth's response to allegations of infidelity, 
demonstrating poor judgment, the creation of a toxic work culture, 
alcohol impairment while at work, this undisclosed sexual assault 
claim, and the allegations of spousal abuse? What has his response 
been? His response has been twofold: complete denial--complete denial--
with the exception of acknowledging that, yes, he did cheat on his wife 
and the mother of a newborn child in Monterey, CA, in September 2017. 
He has denied everything else even though the record is replete with 
specific instances at specific times with specific individuals 
attesting to these behaviors.
  His other defense is to claim that all of this--all of it--is an 
anonymous smear--an anonymous smear. Let me tell my colleagues: This is 
anything but anonymous. When your own mother writes you a letter saying 
you are a serial abuser of women, including your two wives, and they 
don't deserve the treatment they have received at your hand, that is 
not anonymous.
  The report of the whistleblower at the Concerned Veterans for America 
organization a decade ago is anything but anonymous. The report 
listed--I counted them--incidents involving 36 named individuals who 
had been either participating in, victimized by, witnessing, or aware 
of the incidents described in the document.
  This is not anonymous. Danielle Hegseth's public affidavit is not 
anonymous.
  The one thing that I will acknowledge that is in the anonymous space 
is this: the number of individuals who have come forth and shared with 
me and other members of the committee their own firsthand knowledge of 
similar events but said you can't use my name because I am so afraid. I 
am afraid of what Mr. Hegseth would do. I am afraid of what the 
President might do.
  I had someone say to me, when I said you needn't be afraid: That is 
easy for you to say. That is easy for you to say. If the building, the 
U.S. Capitol, where you work, could be attacked by people when it was 
well fortified and secure, what chance would I have if someone didn't 
like the fact that I publicly criticized this nominee?
  So, yes, there are some who are speaking to us who are asking for 
anonymity and that, if they have asked for it, they should be provided 
it. But there are many who have spoken either directly via affidavit or 
in records that are available to all committee members and all Senators 
who are anything but anonymous.
  I would urge my colleagues and not just the Armed Services Committee 
members to go and read the documents that are available to you. Before 
you cast your vote, set your feet in stone about a nominee, you should 
see these documents.
  I want to go back to one point that I made that I think is telling, 
and that is Mr. Hegseth's refusal to disclose these facts to the Trump 
transition team. It is one thing to not disclose them to the committee; 
it is one thing to refuse to meet with the committee--I will get to 
that in a second--but when the President-elect, who is going to be the 
Commander in Chief, is vetting you for the most important Cabinet 
position in the United States and you know you have been charged with a 
sexual assault that led to a criminal investigation, a civil 
settlement, a cash payment, and nondisclosure agreement, and you choose 
not to reveal it to the President, in my view, that, in and of itself, 
should be disqualifying. The level of disrespect that that shows for 
the President-elect, in my view, should be disqualifying.
  Let me conclude with a couple of other points. The main point is the 
pattern of behavior, which should make anyone wary to vote for Mr. 
Hegseth for Secretary of Defense. But there are a couple of other 
points I want to mention.
  Mr. Hegseth, I think, sort of, set a very unfortunate precedent. I 
have been on the Armed Services Committee. I have sat side by side with 
my colleague Senator King on that committee since we came to the Senate 
in January of 2013. I have now participated in confirmation hearings 
for about five Secretaries of Defense, both Democratic and Republican 
nominees. Mr. Hegseth is the only one who refused to meet with 
Democratic members of the committee, save for the chairman, Jack Reed. 
He met with the Republican committee members. But all of us were trying 
to set meetings with him, as has been our norm, so that we could talk 
to him about these issues and ask him questions privately in our 
office. Some of these matters are, frankly, probably better for private 
discussion than public discussion. But he stiff-armed every one of us 
except for Jack Reed.
  In some ways, maybe it is not a surprise. This is an individual who 
has written books and articles where he said Democrats are evil; 
Democrats are the adversary. But if you are nominated to be Secretary 
of Defense of the Pentagon, it is a nonpolitical military. It is a 
civilian military that should not be politicized. And if you begin the 
job by saying I needn't even sit down and pay the respective a meeting 
with Democratic Senators, what about Democrats who serve in the 
military or Independents or Libertarians, or people who don't share Mr. 
Hegseth's party affiliation?
  What does it say to the men and women who work for our military when 
he wouldn't even pay the respect paid by every predecessor when they 
would meet with Senators of both parties before the hearing?

[[Page S297]]

  I was very disturbed the other day when we had a committee hearing to 
forward Mr. Hegseth's nomination, and the Republican majority asked for 
a waiver to forward it faster than rules allow. That waiver can be 
granted if the committee votes to do so. One of my colleagues, Senator 
Warner, said to the Republicans: Wait, you are asking us to waive 
normal rules. We don't want to waive normal rules to speed this along. 
He wouldn't even meet with us.
  I thought that was a pretty compelling argument. I understand if Mr. 
Hegseth has no respect for the Senators in this body who are Democrats, 
that is one thing, but I would expect my Senate colleagues to have some 
respect for us.
  I have served with members of this committee on the Republican side. 
Some have been there the entire 12 years I have been there. I didn't 
think they would tolerate a nominee stiff-arming me.
  If there was a Democratic nominee for Secretary of Defense who 
refused to meet with Republican members of the committee, I would raise 
heck about that publicly in the committee and threaten to block the 
nominee until he met with the Republican members of the committee. I 
know Senator King would do the same thing.
  Democrats would do the same thing. We would not tolerate a nominee 
stiff-arming one side of the dais and refusing to meet with us. We 
wouldn't tolerate it.
  I was shocked that my Republican colleagues, in a closed meeting 2 
days ago, demonstrated that they are just fine with that.
  This is my favorite committee in the Senate. We work very 
cooperatively in a bipartisan way. And that my Republican colleagues 
are perfectly fine with us being disrespected because we happen to be 
Democrats, who our citizens elected us to serve in the U.S. Senate, is 
very, very shocking to me.
  One other point that I want to bring up. I have revealed much 
material that is in the record and that other Senators can view for 
themselves. But I have to say, in looking at the investigation record, 
which was compiled largely by the FBI, it was very, very weak.
  The FBI went out to do an investigation of Mr. Hegseth. The report 
was made available to the chair and the ranking member, not to the 
members of the committee. We haven't seen the report. But we have been 
able to ask questions of the chair and ranking about it.
  The allegations that I have walked through, which are largely public 
record, the FBI didn't even interview the wives. Even after a mother's 
letter had said that you are a serial abuser of women, including your 
two wives, the FBI did not even go out and interview the wives.
  Why not? I mean, was it an investigation or just like a box-checking 
exercise?
  A number of us, when we heard that, we sort of raised hell about it; 
like, if you are going to do an investigation, talk to the people who 
know the nominee the best, then the two wives are people you ought to 
talk to.
  We embarrassed the FBI. So after the fact, they went out and did a 
very cursory discussion with one of the wives. Again, I have not seen 
that material. I have not been allowed to see it. That should, itself, 
shock my colleagues and the public. But I have confirmed, in speaking 
about it with the ranking and chair, that the interview with the wife 
was very cursory and covered one set of topics but left many of the 
questions that I have raised here completely unanswered and 
unaddressed.
  A nominee to be Secretary of Defense is going to have enormous power 
over the physical safety of Americans and over peace, war, and 
diplomacy in the world. Aren't we, as Senators, exercising our advice 
and consent role, entitled to a background investigation that is 
meaningful, that is searching, and that is comprehensive? Are we 
supposed to just be given some half work product and say: OK, that is 
great. Let's just rush to confirm somebody?
  We shouldn't be confirming a person on an insufficient background 
check if they didn't have all of these acknowledged problems that are 
part of the public record. But when they are part of the public record, 
when the FBI finds out that, wow, you didn't tell the transition team 
about the sexual assault claim, the investigation should be thorough, 
not mediocre and cursory.
  So I am going to conclude and just say this may not be the last time 
I appear on the floor to speak on this nomination, but, for now, my 
request of my colleagues is a simple one: Why rush? Why rush? Why would 
we rush to put through a nomination for a position of this importance 
that is frayed with so much baggage and so much evidence of glaring 
character and judgment errors?
  Do we want to have egg on our face? Do we want to rush and have this 
blow up later? Do we want to rush and have other witnesses come out, as 
Danielle Hegseth did yesterday? Is that what the Senate's advice and 
consent process, mandated by the Constitution for a very important 
reason, has come to--a cursory investigation that doesn't get to the 
underlying facts, even when they are sitting right out there before us, 
and we are going to rush to confirm someone? For what reason?
  So, as I sit down, I will just conclude with that question: Why rush 
this? Let's take the time. And when we cast a vote on confirmation, 
cast it with the confidence that we have complete information about the 
man who has been nominated to be our Secretary of Defense.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk called the roll.
  Ms. CANTWELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                                 TikTok

  Ms. CANTWELL. Mr. President, I rise today to speak about TikTok, 
which I think all people here know that we have been having a lot of 
attention about--a lot of debate, a lot of discussion, and a lot of 
action by the Supreme Court. But now I think people are getting a 
little clouded on the path forward.
  I want to be clear that, last year, the U.S. Congress passed a law 
requiring ByteDance to sell TikTok. The law requires that sale to shut 
down all government back doors by the Chinese or attempts by them to 
influence the algorithms that could affect U.S. citizens or the U.S. 
military. It requires that sale to end the Chinese Government's 
influence over TikTok's content recommendation algorithms. This law 
also requires that data sharing with the Chinese Government must end.
  I was glad to see that the U.S. Court of Appeals for the District of 
Columbia and the U.S. Supreme Court unanimously upheld that law. Why? 
Because we asked them whether Congress had the ability to act in this 
national interest and to pass this law, and they upheld it.
  Congress and the courts acted for a reason--to address real national 
security threats to our country and to the American people.
  When President Trump issued his 2020 Executive order, he recognized 
that TikTok collected vast amounts of data on U.S. citizens.
  A House resolution, H. Res. 1051, introduced by the leadership of the 
House Select Committee on China and Congressman Gallagher and 
Congressman Krishnamoorthi sets out the threat citing from the U.S. 
Government agencies and from U.S. Government officials.
  It points out that in 2020, the Department of Commerce found out that 
China is building a massive database of American personal information 
to understand who to target for espionage. And that is of particular 
concern for us when it is about U.S. military personnel--where they 
might be, what they might be doing.
  It also found that ByteDance had very close ties to the Chinese 
Government. And in December of 2022, the Director of the Federal Bureau 
of Investigation, Chris Wray, stated that TikTok's data repository on 
Americans was in the hands of the Chinese Government. Director Wray 
testified that China could use TikTok for the influence and operations 
to control software that could compromise Americans' personal devices.
  The Commander of U.S. Cyber Command and the Director of the National 
Security Agency testified that one-third of the adult population 
receives their news from TikTok and one-sixth of American children use 
it every day. He added that TikTok provides a national platform for 
information operations and for surveillance.

[[Page S298]]

  In further information, the Director of the CIA, William Burns, 
indicated that ByteDance can use the private data of American TikTok 
users to shape TikTok content to suit the interests of the Chinese 
Government. Now, this was most important as it related to a 2023 
Rutgers University report which found that TikTok amplifies and demotes 
content based on the interests of the Chinese Government.
  No surprise. If you could have influence, you demote or promote 
whatever you want to promote.
  The Rutgers report found--oh, surprisingly--that the issues of Hong 
Kong and Tiananmen Square didn't quite have the same level of oomph on 
TikTok as they did on Instagram, meaning that those posts about those 
subjects were somehow not as voluminous. It found foreign policy issues 
disfavored by China and Russia also had fewer hashtags on TikTok--
issues such as a pro-Ukraine stance or a pro-Israel stance. In fact, in 
one instance, there were 8,000 times more Tiananmen Square hashtags on 
Instagram than on TikTok.
  So if this was all supposed to be about just generous posting by 
individuals and posting content, why would one platform have, even with 
the volume of the different platforms, 8,000 times more hashtags? Well, 
I am sure the Chinese Government doesn't like to talk about Tiananmen 
Square. I am pretty sure they don't like to talk about the Uighurs, 
genocide, or other issues.
  There were 750 times more pro-Ukraine hashtags on Instagram than on 
TikTok.
  The Deputy National Security Adviser also pointed out that ByteDance 
has used TikTok to surveil U.S. journalists to identify and retaliate 
against potential sources. Now, this is a concern to us in the United 
States. We wouldn't let the Chinese Government own ABC or NBC. Why are 
we allowing them to influence a source of information about news, 
particularly when they are retaliating against journalists?
  Studies from Cornell University and the University of Vermont found 
that TikTok promotes a toxic diet culture among teens and young adults, 
including pro-anorexia content. I can't think of anything more 
disgusting: identifying teens--which you can see in the Rutgers report 
that if the teen is identified as at all concerned about these issues, 
the next thing they do is get a massive amount of data thrown onto them 
about being pro-anorexia, which, again, is just promoting younger 
people having less faith in themselves and their body image.
  Both the U.S. House and the U.S. Senate received classified briefings 
on this national security threat and what we should do moving forward. 
Prominent leaders on both sides of the aisle have called out this 
threat, indicating we need to do something to move forward.
  One colleague, Senator Cotton, of the Senate Intelligence Committee, 
has been quite clear and said on the floor last week:

       TikTok harvests a vast trove of user data, including name, 
     age, email, address, phone number, credit card number, facial 
     features, voiceprints, keystrokes, photos, videos, and 
     viewing habits. This data can make users susceptible to 
     manipulation and even blackmail, not only today, but also 
     years from now when users may have become influential persons 
     in the military, the intelligence community, business, media 
     and other walks of life.

  I agree with Senator Cotton. This is an issue where this kind of 
collection of information on U.S. citizens drives opportunities for 
people to manipulate, particularly in the area of the military.
  So Senators and Members of Congress want to work with President Trump 
as he tries to end what is Chinese overinfluence on such an important 
national security threat.
  The good news is the technology is advancing and particularly 
advancing very rapidly right now. We are starting to see technology 
that I hope is finally giving us the ability to take some of this 
control back with algorithms ourselves--as individuals, as U.S. 
citizens. Maybe you have heard the buzz around agentic AI. Here is what 
it means in plain language. We now will control the algorithms that 
billionaires or foreign governments have been using to control us. 
Agentic AI lets us turn the tables on them.
  We will now use AI to take in massive amounts of information from the 
internet, from all sources, and then apply filters that we want to see, 
that we choose for ourselves, so that we only get the information we 
want to see and not what somebody else wants to do with our 
information.
  So I hope the President, as he is considering these issues, will look 
at this software solution. I don't know that a joint venture with the 
Chinese is going to rectify this issue about the algorithms. They can't 
continue to own and influence this process. But U.S. innovation and 
U.S. ownership can drive us forward and can drive a better experience 
for our young people.
  Believe me, this is an issue about young people. Our youngest 
citizens of America shouldn't be the source of information--targeted at 
them--to undermine them, to basically create insecurities in them, and 
to promote ideas that we do not believe in the United States.
  So I hope that the President and I hope our colleagues here will 
encourage us to resolve this issue. We have given every tool possible. 
Now, it is time to get this into the hands of U.S. innovators and move 
forward.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. THUNE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Schmitt). Without objection, it is so 
ordered.


                          Cabinet Nominations

  Mr. THUNE. Mr. President, it didn't take long. Democrats have already 
begun stalling President Trump's nominees, and it doesn't seem to 
matter who it is. Right now, the Senator from Connecticut is holding up 
a vote on John Ratcliffe, who was nominated for Director of the Central 
Intelligence Agency. The Intelligence Committee favorably reported Mr. 
Ratcliffe's nomination on a bipartisan vote--14 to 3.
  In a joint statement with Chairman Cotton, the Democrat vice chair of 
the Intelligence Committee said this:

       Our world is far too dangerous for any delay in having a 
     Senate-confirmed leader in charge of the CIA. We urge 
     expeditious consideration of this important nomination.

  Now, that, again, is from the Democrat vice chair of the Senate 
Intelligence Committee, urging ``expeditious consideration of this 
important nomination.''
  This is the Director of the CIA, the Central Intelligence Agency--a 
key national security position. Mr. Ratcliffe is a qualified nominee. 
He was Director of National Intelligence in the first Trump 
administration--the quarterback for all 18 elements of the intelligence 
community. In the House of Representatives, he served on the 
Intelligence Committee, and he was chairman of the Cybersecurity 
Subcommittee on the Homeland Security Committee. He has been vetted by 
the Intelligence Committee, and he will likely receive bipartisan 
support on the floor, as he did in the committee.
  The Senator from Connecticut wants to unnecessarily delay this vote. 
He says Senators need time for a full, real debate. Well, where are 
they? Why are we not debating? Nothing has been stopping any of our 
Democrat colleagues from coming down to the floor to debate and make 
any concerns that they have known to the Senate and to the American 
people. At least one Senator has already taken advantage of that 
opportunity.
  The Senator from Connecticut also says that Senators need more time 
to review the nominee's record. Well, Mr. Ratcliffe's nomination was 
announced 2 months ago. Was that long enough? His hearing was a week 
ago. There has been plenty of time to review his record. It is time to 
vote. This is just an unnecessary delay that makes this country less 
safe.
  Democrats and Republicans agree that this is an important job. We 
agree that Mr. Ratcliffe is qualified. But a handful of Democrats wants 
to play politics with this nominee. I have to say I honestly don't know 
what that accomplishes for them, but I do know this: It makes this 
country less safe. It is time to vote.

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