E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION

Vol. 165 WASHINGTON, TUESDAY, DECEMBER 10, 2019 No. 197 Senate The Senate met at 10 a.m. and was appoint the Honorable CINDY HYDE-SMITH, a Earlier this year, the House Demo- called to order by the Honorable CINDY Senator from the State of Mississippi, to per- crats pushed through what we believe HYDE-SMITH, a Senator from the State form the duties of the Chair. was their first purely party-line NDAA of Mississippi. CHUCK GRASSLEY, that either Chamber has ever passed in President pro tempore. f the 58-year history of the legislation. Mrs. HYDE-SMITH thereupon as- This is the legislation that puts for- PRAYER sumed the Chair as Acting President ward Congress’s priorities for equip- The Chaplain, Dr. Barry C. Black, of- pro tempore. ping, training, and maintaining the fered the following prayer: f greatest fighting forces in the world. It Let us pray. RESERVATION OF LEADER TIME has never been used before as a purely Eternal Father, the center of our joy, partisan weapon—that is, not until this The ACTING PRESIDENT pro tem- bless our lawmakers with the peace year. Reassuringly, the past few days pore. Under the previous order, the and wisdom needed to lead in our chal- have finally brought an end to bipar- leadership time is reserved. lenging world. Give them eyes to dis- tisan talks and produced a compromise cern and understand the intricate com- f NDAA. The end result should be able to plexity of this turbulent season. Lord, RECOGNITION OF THE MAJORITY pass both Chambers and earn the Presi- guide our Senators to the right paths. LEADER dent’s signature. Believe me, it will not come a moment too soon. Lead them beside still waters. Restore The ACTING PRESIDENT pro tem- their souls. Let them lack nothing, for The NDAA authorizes resources to pore. The majority leader is recog- keep crucial military installations— You can keep them whole. Overflow nized. their cups with gentleness, care, and like Fort Campbell, Fort Knox, and the f understanding for the people they rep- Blue Grass Army Depot in Kentucky— resent. Let them fear no evil and take SENATE LEGISLATIVE AGENDA running smoothly. It is similarly im- portant to facilities in many of our col- courage in adversity, for You continue Mr. MCCONNELL. Madam President, to lead them with Your all-knowing leagues’ home States as well. Nation- as we enter the final weeks of 2019, two ally, of course, it directs readiness ef- right hand. things seem to be true here in Con- forts, prioritizes research and develop- We pray in Your everlasting Name. gress. No. 1, our Democratic col- ment programs, and enacts vital re- Amen. leagues, particularly over in the House, forms at the Pentagon. f seem eager to pour the vast majority of I look forward to sending the final, PLEDGE OF ALLEGIANCE their time and energy into their 3-year- bipartisan product by the conference long journey to impeach the President committee to the President for his sig- The Presiding Officer led the Pledge the American people elected. As a con- nature soon. In addition to that au- of Allegiance, as follows: sequence, No. 2, Congress has yet to thorizing legislation, Congress, of I pledge allegiance to the Flag of the fulfill a number of its core governing course, needs to actually appropriate United States of America, and to the Repub- responsibilities for this year. funds for our national defense and for lic for which it stands, one nation under God, At this late date, several crucial, indivisible, with liberty and justice for all. all other functions of our Federal Gov- must-pass bills remain undone. For ernment. f months, my fellow Republicans and I Just a few months ago, when leaders APPOINTMENT OF ACTING have been stressing the need for pro- on both sides put their names to a bi- PRESIDENT PRO TEMPORE ductive, bipartisan cooperation on partisan-bicameral roadmap for the ap- The PRESIDING OFFICER. The these pressing subjects: funding for the propriations process, it looked as clerk will please read a communication Federal Government, Defense appro- though we might keep partisan dis- to the Senate from the President pro priations—the money for our troops— putes out of this process and finish up and the National Defense Authoriza- tempore (Mr. GRASSLEY). the appropriations with time to spare. The legislative clerk read the fol- tion Act. Yet, for months, our calls for Unfortunately, our Democratic col- lowing letter: the Democrats to join us in serious ne- leagues decided that picking fights gotiations have gone largely unan- with the White House was a higher pri- U.S. SENATE, swered as the Democratic leadership ority, and we spent the autumn being PRESIDENT PRO TEMPORE, Washington, DC, December 10, 2019. has opted for a different political play- mired in disputes over exactly the To the Senate: book—to obsess over impeachment and kinds of poison pills and Presidential Under the provisions of rule I, paragraph 3, obstruct this core business that we authorities the Speaker and the Demo- of the Standing Rules of the Senate, I hereby must do every year. cratic leader had previously promised

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.000 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6910 CONGRESSIONAL RECORD — SENATE December 10, 2019 would be off limits. Yet, as we speak, Mr. MCCONNELL. Madam President, Attorney General Barr had picked him. Chairman SHELBY and appropriators in I suggest the absence of a quorum. He does almost nothing in these sen- both Chambers are trying to bring The ACTING PRESIDENT pro tem- sitive areas that are not political. But months of near stalemate to a close. pore. The clerk will call the roll. you had some hope. Durham, some Last month, a bipartisan-bicameral The legislative clerk proceeded to said, had a good reputation. Well, yes- agreement was reached on sub- call the roll. terday, Durham’s statement confirmed committee allocations, and talks con- Mr. SCHUMER. Madam President, I our suspicions that he is not a non- tinue this week on outstanding issues. ask unanimous consent that the order political actor. No prosecutor worth Thanks to the months of delay, we for the quorum call be rescinded. his salt would release a political state- have a long way to go and a very short The ACTING PRESIDENT pro tem- ment like he did while conducting an time in which to do it. I hope that our pore. Without objection, it is so or- investigation. Because of issuing that Democratic colleagues can finally dered. statement, Durham has lost a great stick to the terms of the budget agree- RECOGNITION OF THE MINORITY LEADER deal of credibility even before he issues ment and keep partisan policy fights The ACTING PRESIDENT pro tem- his report. No one who is thinking of out of this process. That is the only pore. The Democratic leader is recog- these things down the middle is going way both Chambers will have a chance nized. to think Durham is a dispassionate, of being able to vote on funding bills INSPECTOR GENERAL REPORT nonpolitical observer because he has before the end of this year. Mr. SCHUMER. Madam President, already shown himself to be, in a cer- That brings us to the USMCA. For for years, President Trump has specu- tain sense, a henchman of Mr. Barr and the better part of the past year, Presi- lated wildly about a ‘‘deep state’’ con- his political activities. dent Trump’s landmark agreement to spiracy against his Presidency based on To emphasize the broad acceptance of update North American trade policy the claim that the FBI opened an in- the IG report, FBI Director Wray, ap- has been languishing as Speaker vestigation into the President’s cam- pointed by President Trump, embraced PELOSI and the House Democrats have paign with political bias, with the ex- the report. indulged further and further in im- plicit purpose that they were out to get When Director Wray asked whether peachment. There are 176,000 new him. he thought the FBI targeted the Trump Americans jobs that have sat waiting Yesterday, the Department of Justice campaign, he said I do not. And for on ice as the Speaker has offered luke- inspector general released a report that that, not surprising, but still rather, warm assurances month after month puts this conspiracy theory to bed. The again, low, shallow, and disgusting, that her caucus is hoping to be ‘‘on a report conclusively debunks the base- President Trump lashed out this morn- path to yes.’’ This week, at long last, it less conspiracy that the investigation ing at the FBI Director, saying, ‘‘I do into Mr. Trump’s campaign and its ties appears that the House Democrats may not know what the current Director of to Russia originated with political finally be willing to take action for the FBI was reading, but it wasn’t the bias. In fact, the report quotes the FBI American workers and job creators and one given to me.’’ let the House vote on the President’s Deputy General Counsel as saying that President Trump, if you actually deal. I was pleased to hear that U.S. ‘‘the FBI would have been derelict in read the report, you would understand negotiators, led by Robert Lighthizer, our responsibility had we not opened exactly what FBI Director Wray was were to head to Mexico today to final- the case.’’ talking about, and you would under- Let me repeat that from the No. 2 ize the details on this important win stand exactly why it was his duty to counsel at the FBI. ‘‘The FBI would for the American economy. I hope this defend his department when they be- forward momentum continues. have been derelict in our responsibility had we not opened the case.’’ have on a nonpolitical rule of law So that is the state of play. There is basis. a lot left to do for the American fami- Donald Trump commits so many wrongs, and when people call him on it, My friends, it is a sad state of affairs lies we represent if our Democratic col- when truth tellers have no place in leagues will simply allow it, and it will he blames somebody and comes up with a conspiracy. And the most amazing Trump’s Washington. Anyone inside certainly take a great deal of coopera- the Trump administration willing to tion and consent right here in the Sen- thing is that not just his appointees but these Senators in this Chamber— speak truth to power—Secretary ate if we intend to consider and pass almost too many of them—just echo Mattis, DNI Director Coats, even Chief these measures before the end of the those crazy theories designed to divert of Staff Kelly towards the end, and so year. many others—cannot survive the Presi- Obstruction and stalemate have us from the truth. The inspector general of the Depart- dent’s insistence on blind loyalty, can- brought us to the eleventh hour. I hope ment of Justice, Michael Horowitz, has not survive the fact that the President that, now that we are here, both Cham- been praised for years by Members on makes them tell lies and mistruths to bers will be able to set aside the Demo- both sides of the aisle for his integrity continue to serve him. crats’ impeachment parade long and for his fairness. There is no reason If you do not act in febrile obeisance enough to get the people’s business fi- to doubt the report’s conclusion. He to President Trump, he will turn on nally finished. has never been accused of bias before. you, so this quality of people in this f Attorney General Barr and LINDSEY administration is getting lower and CONCLUSION OF MORNING GRAHAM praised Mr. Horowitz, but all lower and lower. Top-notch people and BUSINESS of a sudden, they are casting aspersions the ability to govern and make smart on him and his report. Only political decisions and the ability to care about The ACTING PRESIDENT pro tem- actors doubt this report—political ac- the truth often go hand in hand, but if pore. Morning business is closed. tors like Attorney General Barr and you care about the truth, you are out, f now, it seems, as well, his handpicked and so Trump loses quality people in EXECUTIVE SESSION Federal prosecutor, John Durham. his administration. And the only peo- Attorney General Barr has all too ple who survive are willing to bow often acted on behalf of the President’s down to Donald, who will do just what EXECUTIVE CALENDAR interests rather than as a neutral law he wants and says, even when they The ACTING PRESIDENT pro tem- enforcement officer. He almost seems a know it is false. pore. Under the previous order, the hatchet man on a political campaign And that is why this administration Senate will proceed to executive ses- rather than an Attorney General—an is so erratic, so disjointed, so ineffec- sion to resume consideration of the fol- august position—following the rule of tive, and, at this time, so unpopular lowing nomination, which the clerk law and trying to shield that office with the majority of the American peo- will report. from politics whenever possible. In- ple. The American people know that The legislative clerk read the nomi- stead, Barr loves to jump into the po- Mattis is a fine man. They know that nation of Patrick J. Bumatay, of Cali- litical pool of muck. Wray is a fine man. They know that fornia, to be United States Circuit I was skeptical when Mr. Barr ap- they are the kind of people that, if Judge for the Ninth Circuit. pointed John Durham simply because Trump says tell a lie, they won’t. But,

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.001 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6911 unfortunately, the people in this ad- truth—we can disagree on the outcome is not the norm anymore. Most fami- ministration who remain are willing to of those facts, but we can’t have truth lies have two working parents, and we do just that. And that said, as I said, it of the fact—and everything is fake have lots of single parents who bear is a very sad state of affairs and one of news, particularly those from the right the load of raising a family. All it the reasons this administration has who don’t like the truth. When con- takes is one serious illness, complica- such a difficult relationship with the spiracy theories that have no basis in tion, or accident to wreak financial truth. fact govern, our democracy is at risk. havoc on that family. The President conjures fictions, buys It is one of the main reasons I think so It is no surprise that paid family into baseless conspiracy theories told many Americans believe, whatever leave ranks near the top of voters’ con- by known buyers on FOX News or their ideology, that President Trump cerns. The United States is the only de- somewhere else, and then anyone who should not be President. veloped nation in the world that does contradicts him earns his scorn. Con- The conspiracy theories are not not guarantee paid leave for parents of tradict him enough, if you are in the harmless. They are sinister. They are newborns or newly adopted. I hope administration, you lose your job. insidious. They erode the democratic that, after we pass parental leave for Now, more worry. Amazingly, this fabric of this country. They erode our Federal employees, employees in the afternoon, the President and Secretary fidelity of truth which is at the basis of private sector will take notice and of State Pompeo will meet in secret democracy, and they help Putin sow they will act as well. If this spreads with Russian Foreign Minister Sergei discord in our country. Conspiracies throughout America, as often Federal Lavrov. It shows a blinding disregard need to stop. If the White House would policies do, it will be a great thing for with what is going on in Congress and like to submit evidence or offer wit- our parents and our children. Today, only 16 percent of workers in the world right now. Russian intel- nesses to make the President’s case, the private sector have access to paid ligence has been pushing the baseless please do so. They haven’t done it once. leave. Studies overwhelmingly show theory that Ukraine interfered in the Instead, the White House is blocking that, when working parents can take 2016 elections, not just Putin, as a way documents and withholding witnesses care of their families without the fear to divide the West and defend Putin. who could potentially defend the Presi- of losing jobs, families are better off, Certain Republican Senators have dent’s action, a surefire sign, as ANGUS and the economy is better off as well. stunningly repeated that falsehood KING said in his op-ed, that the Presi- So I am glad that the long push we around these corridors, and now, Presi- dent has something to hide. have made on this side of the aisle for dent Trump and Secretary of State Given that the House announced it parental leave has been secured for all Pompeo are meeting with the Russian would write two Articles of Impeach- family workers. I hope it will become a ment this morning, the White House’s Foreign Minister in secret. What new reality soon for all workers, and I want refusal to rebut the evidence under conspiracies are they cooking up with to thank my colleagues who helped oath is something not lost on the Mem- Lavrov today? I worry. The President make this a reality. has been so unable to articulate a de- bers of the U.S. Senate who could soon NET NEUTRALITY fense of the facts uncovered in the be judges and jurors in a Senate trial. Madam President, on net neutrality, House impeachment inquiry that he NATIONAL DEFENSE AUTHORIZATION ACT this Saturday marks the second anni- has resorted to one conspiracy after Madam President, on another happier versary of the FCC’s party-line deci- the next to explain his conduct. His al- subject, over the weekend, negotiations sion to repeal the net neutrality rules. lies, including Members of the Senate on the annual defense bill concluded. To restore the safeguards of a free and Republican Caucus, have elevated sev- There are lots of things missing in that open net that those rules protected, eral of these theories. bill, things that should have been in- today my colleagues Senators MARKEY, Here in the Senate, certain members cluded but were blocked by the Repub- CANTWELL, and WYDEN will ask the of the Grand Old Party are forming lican majority in the Senate. But there Senate’s consent to pass the Save the their own conspiracy caucus. Any is one very good thing, among a few Internet Act, which codifies net neu- crazy conspiracy, whether launched by others. I am proud that the bill will trality in a similar manner to last Putin or some wild-eyed crazy con- now provide all Federal employees year’s Congressional Review Act, spiracy theorist, who manages, of with 12 weeks of paid parental leave, which passed the Senate with strong course, all the time to get on FOX something Democrats have pursued for bipartisan support. News and have his story or her story a long time. I thank those Senators and so many repeated, it is something that my col- Once the NDAA is passed—hopefully others for their leadership on this im- leagues just repeat even though it is in the coming week—1 million Federal portant and sometimes overlooked clear they are false, and they know employees will no longer have to issue. Net neutrality is based on a very they are false. choose between caring for a newborn simple idea, that the internet, just like ANGUS KING had a great op-ed last and putting food on the table. This is our phones, our highways, our power week in USA Today, which I commend huge, huge news. It will make the lives sources, is a public good that all Amer- to every one of my colleagues. It basi- of millions of families better if you icans should have access to without cally said, if what the impeachment have a newborn baby that needs care, discrimination, whether you are a big proceeding has found is false, then he or she. I just had a grandson who company or a startup, a rural school or where are the Trump people to refute turned 1. I know just exactly what it is an individual consumer just like water it? Not to come up with some irrele- like. If both mom and dad work or it is companies can’t discriminate if they vant conspiracy theory and bring this a single-parent family, what is that come to their customers and say, oh, I one and that one into it that has noth- family going to do? am going to charge you $10 for a day’s ing to do with it, but actually refute It is one of the nerve-racking deci- use of water, but I am going to charge the facts, where is that? sions that impedes on the joy of the your neighbor down the street $100. President Trump has not refuted a new birth. Well, in many other coun- That would be unfair. We would not single fact that the impeachment in- tries, there is something called paid allow it. The same thing should be true quiry has found. None of his people family leave where you can take off 3 with the internet. have been willing to come forward who months and raise the child in those Under the Obama administration, net would have knowledge to refute those early days when he or she is helpless. neutrality rules prevented moneyed facts if those facts were false. And so In the United States, some private groups from getting preferential treat- they try to create a shiny object, a di- companies are progressively doing it, ment. We should return to it. The ad- version, and, unfortunately, too many but not enough. Well, now all Federal ministration has, unfortunately, sided of the news media on the right will employees will get that opportunity with big special interests and repealed spend time on that diversion and re- with parental leave. It recognizes the it. Senator MARKEY’s legislation would peat Trump’s claim that the actual changes in the world. restore the rules of the world that pro- facts are false. When I was growing up, my mom tect a free and open internet. This is the beginning of the end of stayed at home while my dad went to I thank my colleagues for bringing the democracy, when we can’t have work, who was an exterminator. That this to the Senate’s attention today.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.003 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6912 CONGRESSIONAL RECORD — SENATE December 10, 2019 I yield the floor. That said, we would be happy to work I am glad we are finally on track to The ACTING PRESIDENT pro tem- with them. We want to put clear rules get this important legislation done. pore. The majority whip. of the road in place, but that is not The final bill, of course, like most leg- Mr. THUNE. Madam President, it what they want. They want the heavy islation, is not perfect, but it will help should come as no surprise that I hand of government and the heavy ensure that our military receives the might have a different point of view hand of regulation strangling what has resources it needs to meet current than the Democrat leader when it been one of the most remarkable eco- threats and to prepare for the threats comes to the issue of net neutrality. If nomic miracles of the last half cen- of the future. you look at what has happened since tury, if you look at what the internet I am also encouraged by the fact that the FCC ruled on this, there were all has done in terms of productivity in it looks like Democrats have decided these terrible apocalyptic predictions this country. to work with us to get fiscal year 2020 that were made about how speeds were APPROPRIATIONS Defense appropriations passed before going to slow down, the internet was Madam President, I am very pleased Christmas. going to slow to a crawl, and you to hear that a deal has been reached to Needless to say, the 2020 Defense ap- wouldn’t be able to do basic applica- finally advance the 2020 fiscal year Na- propriations bill, like the authoriza- tions anymore, none of which have tional Defense Authorization Act. tion bill which I just referenced, is crit- happened. Every year, Congress takes up the ical legislation that authorizes the Obviously, we all believe—I certainly National Defense Authorization Act to funding for current and future military do, and I think most of my colleagues authorize funding for our military and priorities. It provides funding to sup- on this side believe—that if you want our national defense. Like last year’s port that pay increase for the men and to have an open and free internet, that NDAA, this year’s bill focuses on re- women who keep us safe. It provides is a good thing, and if there are con- building our military and ensuring the funding for the weapons and equip- cerns about blocking or throttling or ment our troops need right now to slowing speeds in some way, the Con- that we are prepared to meet 21st cen- carry out their missions, and it pro- gress should be heard from on that be- tury threats. While many take it for granted that vides funding for the equipment and cause what we have had now for several we have the strongest military in the technology our military would need to years is this ping-pong effect. When world, in recent years, our military ad- defeat the threats of the future. one party is in power, they change the vantage over near-peer adversaries has It provides funding for missile de- rules to suit their desires, and then the eroded. Budgetary impasses, combined fense, for research and development, other party comes to power and with increased operational demands, for ships, for planes, and for combat ve- changes it. Then you have all this liti- hicles to update our aging fleets. It gation that goes on in the courts, left our military undermanned, under- also provides funding for our allies, in- which doesn’t help anybody. All that equipped, and ill-prepared for the con- cluding $250 million in military assist- does is bog things down and generates flicts of the 21st century. In November of 2018, the bipartisan a tremendous amount of cost, and no- ance for Ukraine. This is a critical na- National Defense Strategy Commission body’s interests are served by that. tional security bill, and it needs to be So if there is a concern, and I have released a report warning that our enacted as soon as possible. articulated this on many occasions to readiness had eroded to the point It is unfortunate that we couldn’t get my colleagues on the other side, to where we might struggle to win a war this legislation done sooner, before the work with us on a legislative solution against a major power like Russia or start of the new fiscal year in October. where Congress can step in and put China, and the Commission noted that Delaying defense funding has left our clear rules of the road in place when it we would be especially vulnerable if we military short of the resources it needs comes to the internet—making sure we were ever called on to fight a war on and unable to start important new have an open and free internet—we are two fronts. That is not a good position projects. So I am glad that, at long prepared to do that, but that is not to be in. Restoring our readiness has last, the Democrats are finally willing something the Democrats have been in- been and must continue to be our top to work with us on this important leg- terested in doing. priority. islation. It is time to get this bill done They would rather have this heavy This year’s National Defense Author- so we can get our men and women in hand of government that slows this in- ization Act continues our efforts to re- uniform the resources they need with- novation down, all these wonderful build our military. It invests in the out further delay, as well as uphold our things that are happening in our econ- planes, the combat vehicles, and the national security commitments to our omy right now—the race to 5G, which ships of the future, including the Joint friends and to our allies. obviously is critically important to so Strike Fighter and the future B–21 I hope negotiations will continue to many sectors of our economy—could be bomber, which will be based at Ells- move forward and that we can get this dramatically impeded if you had the worth Air Force Base in my home legislation to the President’s desk heavy hand of government, the heavy State of South Dakota. It authorizes within the next 2 weeks, before the hand of regulation, which has been ad- funding for research and development Christmas holiday. vocated by our colleagues on the and advanced technology. It also fo- I yield the floor. Democratic side for some time, if that cuses on ensuring that we are equipped I suggest the absence of a quorum. became the norm. to meet new threats on new fronts, in- The ACTING PRESIDENT pro tem- When President Trump was elected, cluding in the space and cyber do- pore. The clerk will call the roll. and Chairman Pai was made Chairman mains. Of course, this bill invests in The senior assistant legislative clerk of the FCC, and we had a Republican our most valuable resource—our men proceeded to call the roll. FCC which did away with the heavy- and women in uniform. Mr. BARRASSO. Mr. President, I ask handed regulations of the previous ad- The National Defense Authorization unanimous consent that the order for ministration, we heard all these apoca- Act authorizes a 3.1-percent pay in- the quorum call be rescinded. lyptic predictions coming from the crease for our troops, which is the larg- The PRESIDING OFFICER (Mr. Democrats about all of the horrible est increase in a decade. This is not SCOTT of Florida). Without objection, things that were going to happen to the only something our troops have earned, it is so ordered. internet. I can tell you that my experi- it is also an important way to increase WYOMING WOMEN’S SUFFRAGE DAY ence, I think, is like most Americans. I retention in an All-Volunteer Force. Mr. BARRASSO. Mr. President, I can continue to download applications. This year’s National Defense Author- come to the floor as we celebrate I can continue to scroll and to see the ization Act also focuses on addressing today, in Wyoming, the 150th anniver- things I want to see and to toggle back the recent significant health and safety sary of Wyoming’s women’s right to and forth between different websites in issues with private on-base housing. It vote—150 years. Before we even became a way that I did before. It just flat contains measures to support military a State, women were voting in Wyo- hasn’t happened. So they are trying to spouses seeking employment and in- ming. Today, at our State capital come up with a solution for a problem creased access to childcare on military building in Cheyenne, there is a huge that does not exist. installations. celebration of people from around the

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.004 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6913 State and around the country cele- actually voting in our then territory One is the health insurance tax, or brating this historic day. and now State. the HIT tax. It is in the Obama Many people watching today may not President Benjamin Harrison signed healthcare law. It is an unfair tax that know the history of what happened 150 Wyoming’s statehood into law on July has increased insurance premiums for years ago. Yesterday afternoon, Sen- 10, 1890, upholding women’s rights. Wy- small business owners and for seniors. ator ENZI spoke on the Senate floor oming was technically the 44th State That is why I have been a longtime op- and outlined some of that history. I am to enter the Union, but Wyoming real- ponent of this health insurance tax. so proud of my home State’s amazing ly is the first State when it comes to Democrats need to help us get rid of record in advancing this entire issue women’s equality. Wyoming put the tax. They need to end it. and concern and allowance of women’s women first even before statehood. The second ObamaCare tax we must voting. Back home, 2019 is the ‘‘Year of Wyo- repeal is the so-called Cadillac health Women in Wyoming were the first in ming Women.’’ Our State is paying plan tax. The Cadillac tax affects mil- the Nation to use the right to vote. tribute to our strong women leaders. lions of Americans who are covered That is a fact. Wyoming women have We had the great honor of electing the through work, especially union work- been voting for 150 years. On December first woman Governor, Wyoming’s 14th ers. On December 5, a broad group of 10, 1869, Wyoming took a giant leap for- Governor, Nellie Tayloe Ross. Wyo- unions and employers wrote the Senate ward for women’s equality. We are ming boasts many more female firsts. leaders urging a repeal. called the Equality State. This is a lot These include the first woman to serve This is what they said. The union of the reason why. on a jury and the first female justice of leaders and supporters urged the re- Wyoming Governor Mark Gordon, in the peace, Esther Hobart Morris. Wyo- peal, and this is what they wrote to the a ceremony this morning at our State ming also claims the first all-female Senate leaders: capital in Cheyenne, is proclaiming city government. These pioneering The consequences of inaction are serious. today Wyoming Women’s Suffrage Day. women leaders were elected in 1920 in Many millions of working Americans will Wyoming is the first place in the coun- Jackson, WY. The Jackson press pay more out of pocket . . . or face reduced try to pass a law securing women’s dubbed them ‘‘the petticoat govern- health coverage. right to vote, as well as the right not ment.’’ So we celebrate 150 years of We need to end this Cadillac tax now. just to vote but to hold public office. equal rights in Wyoming and 100 years The third tax we need to repeal is the The people of Wyoming spoke loud for women nationwide. medical device tax. Really, it is a tax and clear 150 years ago today. We stood In 1919, Congress passed the 19th on innovation. The medical device tax with women 50 years ahead of the rest Amendment to the Constitution, grant- is going to restrict patients’ access to of the Nation. Wyoming was a territory ing women’s suffrage. This hard-fought new lifesaving technologies. Without congressional action, the back then. Our State had not yet legislative victory would ensure wom- health insurance tax and the medical joined the Union. That didn’t happen en’s full participation in our democ- device tax are going to take effect until 1890. Still, that is when we earned racy. To mark this 100th anniversary, again in 2020 and the Cadillac tax in the proud name of the Equality State. President Trump recently signed into Wyoming earned far more than the 2022. It is time to repeal these pun- law the Women’s Suffrage Centennial name. By leading the fight for women’s ishing taxes. We need to do this to pro- Commemorative Coin Act. I had the rights, Wyoming has forever earned a tect patients and working families all privilege of cosponsoring this legisla- hallowed place in the books of history. across the country. tion that was introduced by Senator I yield the floor. Nobody embodies that legacy more MARSHA BLACKBURN from Tennessee. I suggest the absence of a quorum. than Wyoming’s Louisa Ann Swain. On The bill passed unanimously in the The PRESIDING OFFICER. The September 6, 1870, Louisa Swain of Lar- Senate. I made sure that Wyoming’s clerk will call the roll. amie, WY, became the first woman in Esther Hobart Morris was among the The legislative clerk proceeded to the United States to vote in the gen- suffragettes honored in this legislation. call the roll. eral election. By casting her historic All Americans owe an enormous debt Mr. GARDNER. Mr. President, I ask ballot, she claimed a great victory for of gratitude to the Nation’s extraor- unanimous consent that the order for women everywhere. dinary women leaders of the past, the the quorum call be rescinded. It is a tremendous heritage that we present, and today as we pause to re- The PRESIDING OFFICER. Without celebrate today. Wyoming truly is the member where it all started 150 years objection, it is so ordered. Nation’s trailblazer for women’s equal- ago in the trailblazing State of Wyo- AGRICULTURE ity. In fact, ‘‘Equal Rights’’ is our ming, the Equality State. Mr. GARDNER. Mr. President, I State motto. HEALTHCARE come before the Senate today to recog- On November 19, the Senate unani- Mr. President, now I would like to nize a historic milestone in the Colo- mously passed the Wyoming Women’s turn to a different topic. I come to the rado agricultural community. The Col- Suffrage Day resolution. Senator ENZI floor today as the Democrats in the orado farm bureau is celebrating 100 and I cosponsored the resolution to House and in the Senate are obsessed years of representing farmers, ranch- commemorate today’s 150th anniver- with obstruction because they are ob- ers, rural communities, and every as- sary. Now the entire Nation can join in sessed over impeachment and are ob- pect of agriculture in Colorado. celebrating Wyoming’s groundbreaking structing everything else. I grew up in the Eastern Plains, the law. We have only a week left to fund the very heart of agriculture. In fact, the Then, 20 years after the law’s pas- government, to pass ‘‘America First’’ county I grew up in is one of the larg- sage, Wyoming refused to enter the trade deals, and to support our mili- est corn-producing counties in the Union as a State unless we had equal tary. Still, there is another priority country and, certainly, economically voting rights, men and women. There issue that we need to address. We must speaking, one of the top agricultural was a big fight about it in Wyoming provide relief, in my opinion, from communities in the State. and in the Nation’s Capital. When costly ObamaCare taxes. There are sev- Our livelihood, our neighbors—every- standing on principle became a major eral of those that are impacting our thing—depend on agriculture. In fact, sticking point, Wyoming stuck to its citizens around the country. when there is a downturn in agri- guns on women’s equality and actually Last week, the Centers for Medicaid culture, it is not just the next day that ended up delaying becoming a State and Medicare released a report on our community feels that. It is that over this very issue. healthcare spending. The report finds next hour that the community feels On March 26 of 1890, Wyoming state- that health insurance costs grew in the impact. It is the same with a good hood legislation narrowly passed the 2018 by a larger number than they had agriculture economy. It is not just to- U.S. House of Representatives. The the year before. morrow that we will feel the impact, measure passed the Senate a few Why does CMS believe that the rates but immediately we will feel the im- months later, but part of the debate on of insurance actually have gone up ad- pact. the floor of the House of Representa- ditionally? Well, it is because of a cou- I grew up working in a family farm tives had to do with Wyoming women ple of taxes. equipment dealership where you got to

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.006 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6914 CONGRESSIONAL RECORD — SENATE December 10, 2019 know everybody in the community, not Farm Bureau has a simple mission: to and their willingness to take on dif- because of the kind of operation they promote and protect the future of agri- ficult issues has also earned them na- had but because of the kind of person culture and rural values. tional recognition. In 2005, the Colo- they were, the kind of relationships They show people the agriculture in- rado Farm Bureau was recognized by you built, and then, of course, the op- dustry up close, why it is important to the Department of the Interior in portunities to do business in those all of us, and the success of our rural Washington for their work at the Colo- communities. communities. rado Department of Natural Resources There are ebbs and flows, good times The Farm Bureau offers leadership to protect the mountain plover. and bad times, times of prosperity and training for young professionals, schol- This created a win-win partnership times of difficult predicaments in rural arships, college programs, health and that the government and the private America, in agriculture. In the 1980s, I safety trainings, helpful resources to sector could work in together to pre- grew up watching one of the hardest farmers, and support when it is needed emptively protect the species without times agriculture faced—watching a the most. Through the Colorado Farm listing it on the Endangered Species number of banks face foreclosures, a Bureau Foundation, the Farm Bureau Act. number of farmers face foreclosures. I has raised hundreds of thousands of The Colorado Farm Bureau was in- watched as people I knew my whole life dollars to support victims of natural strumental in opening up 300,000 acres sold their farms, gave up farming, and disasters in Colorado, whether that is a of land for data collection and research closed their businesses. drought or whether that is severe bliz- on the mountain plover’s nesting and It wasn’t that long ago—in fact, just zards. population status. Through that effort, a few years ago—that we saw some of They represent, improve, and pro- they were able to avoid listing, develop the highest priced commodities this mote all aspects of agriculture in Colo- better management practices, and help country had ever seen for a very long rado and have helped to develop the in- to grow the mountain plover popu- time. The golden years of agriculture dustry into the economic powerhouse lation. occurred just a couple of years ago be- it is and one of the strongest drivers of I look forward to continuing to hear cause of all-time high prices. That is Colorado’s economy. from Colorado Farm Bureau members not the situation we are facing today. Every year I have been honored to and farmers and ranchers across our Once you have worked in the agri- join the Colorado Farm Bureau and State, as this Chamber—this body—de- culture industry, I think you develop a have the Colorado Farm Bureau join bates new trade opportunities, new ag- very deep understanding and apprecia- me on our annual farm tour. That is a ricultural policies, and anything that tion for the men and women who have tradition I first started when I came to could impact farmers back home. Their contributions will be especially our farmers’ backs through the good the House of Representatives. Every valuable as we continue to open up new times and the bad times, like the Colo- fall we would go to the Eastern Plains markets for Colorado producers, invest rado Farm Bureau. The Farm Bureau of Colorado and the Western Slope of in rural communities, and manage our plays a vital role in the wellbeing of all Colorado and talk to everyone from public lands. aspects of agriculture. It gives rural peach growers in Palisade to corn Last month, the Senate passed a res- communities a prominent voice when growers in Kiowa and beyond, and we olution I introduced with my col- had opportunities to learn how we can the government is debating policies league, Senator BENNET, celebrating that impact their farms, their finances, help every nook and cranny of the this historic 100th anniversary, recog- and their families. State when it comes to agriculture. nizing all of the Colorado Farm Bu- The Colorado Farm Bureau began in This year, we have traveled to 15 dif- reau’s past, present, and future efforts 1919, when a group of farmers, ranchers, ferent counties across Colorado, vis- to promote and advocate farm and veterinarians, rural doctors, shop- iting family farms, ranches, and agri- ranch interests. keepers, and tradesmen in 10 local cultural businesses. We held I ask my colleagues in the Senate to counties met to form what was termed roundtables with locally elected offi- join me today in celebrating the Colo- a ‘‘Farm Bureau.’’ Their goal was to cials. We went to a wind farm and rado Farm Bureaus’s rich history and make the business of farming more talked about the impact that renew- contributions to the ag industry, not profitable and the community a better able energy is having in positive as- just in Colorado but across the United place to live. The organization strug- pects for our farmers and ranchers. States. Congratulations to the Colo- gled through the years and almost died This farm tour wouldn’t be possible rado Farm Bureau for your 100 years of out in the 1930s. without the Farm Bureau and the oth- being a strong voice for farmers, ranch- In the late 1930s and early 1940s, a ers who helped put it together and ers, and our rural communities in the group of people across Colorado orga- make sure we see these important ‘‘Centennial State’’ and for all your nized to breathe new life into that issues that we are facing. In the past, work to protect the Colorado way of Farm Bureau in Colorado. Ezra we have turned to them for their exper- life. I look forward to continuing our Alishouse, C.J. Phillips, Arthur Ander- tise in policy, their insights, experi- work together with the Farm Bureau sen, and others sold memberships to re- ence, and their partnerships as we in seeing what we can accomplish for build the organization. champion efforts that will help and the next 100 years of agriculture in Col- As a group of farmers naturally benefit rural Colorado. They have been orado. would, the Farm Bureau persisted and a great partner in providing agricul- I yield the floor. grew. They grew the Farm Bureau to tural producers with the resources and The PRESIDING OFFICER. The Sen- become the largest farm organization certainty they need to protect private ator from Montana. in the State of Colorado and expanded property rights, to protect our water- NOMINATION OF LAWRENCE VANDYKE the support they provided to ag com- ways, to ensure that farmers are treat- Mr. TESTER. Mr. President, it is no munities throughout the State. ed fairly in the Tax Code, and, re- secret that the Senate doesn’t do much In the 1940s, farmers and ranchers cently, in helping to relocate the head- around here, except for confirming were having a difficult time insuring quarters of the Bureau of Land Man- judges. But looking at the records of their operations. So the Colorado Farm agement to Grand Junction. the folks we are confirming to the Fed- Bureau created a farm insurance cas- The Farm Bureau is a regular pres- eral bench, it is clear we have forgot- ualty company. They began offering ence in Washington. I think all of us ten even how to do that. farm insurance in 1948. Later in the know that. Colorado Farm Bureau The Founding Fathers were incred- 1950s, they began offering life insurance members have played an important ibly visionary. When they set up the for those in the agriculture commu- role in developing policy. They are not Federal judiciary, they hoped to insu- nity. afraid to get their hands dirty and of late it from political influence. How? Today, the Colorado Farm Bureau the hard work it takes to get good leg- By giving them lifetime appointments, represents 23,000 member families, 45 islation passed. with the advice and consent of the Sen- local county Farm Bureaus, and is one The Colorado Farm Bureau takes on ate. In doing so, they gave the Sen- of the largest farmer-led organizations difficult issues and has a real impact ators the most solemn of responsibil- in the State of Colorado. The Colorado on people’s lives. Their dedicated work ities we have in this body: evaluating

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.007 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6915 judicial nominees on their independ- and he said, basically, if you can’t Mrs. MURRAY. Mr. President, I ask ence, their fairness, their tempera- achieve a ‘‘qualified’’ rating by the unanimous consent that the order for ment, and their judgment. American Bar Association, you are a the quorum call be rescinded. Unfortunately, these days, the Re- train wreck. That is what Mr. VanDyke The PRESIDING OFFICER. Without publican majority seems to have is. objection, it is so ordered. thrown qualifications out the window. His nomination is opposed by over 200 Mrs. MURRAY. Mr. President, I ask Instead, they give out lifetime appoint- conservation, education, civil rights, unanimous consent to speak as in ments to the court like candy. This and other organizations. He is also op- morning business. doesn’t prevent partisanship from in- posed by six former Montana Supreme The PRESIDING OFFICER. Without fluencing our judicial system; it en- Court justices, folks that Montanans objection, it is so ordered. sures partisanship. The latest example did elect to sit on the highest court in OVER-THE-COUNTER MONOGRAPH SAFETY, is Lawrence VanDyke’s nomination to our State. They wrote of Mr. VanDyke: INNOVATION, AND REFORM ACT the Ninth Circuit Court of Appeals, It is doubtful that he understands that ju- Mrs. MURRAY. Mr. President, last which has jurisdiction over Montana. dicial decisions must be based solely on the week, when I joined my colleagues to Mr. VanDyke is a familiar face to facts of the case and on the law. . . . We recognize Senator ISAKSON, I men- Montanans because he grew up and at- strongly believe that Mr. VanDyke has dem- tioned that when Johnny says he is tended school in the great State of onstrated that he has neither the qualifica- going to get something done, you know Montana. He also served as Montana’s tions nor the temperament to serve as a fed- it will get done. The bill we are getting eral court of appeals judge. solicitor general before resigning to ready to pass today in a few hours, the run an unsuccessful race for the State His coworkers from his time as Mon- Over-the-Counter Monograph Safety, supreme court. tana’s solicitor general seem to agree. Innovation, and Reform Act, which he Montanans can separate the wheat A former assistant attorney general has worked on with Senator CASEY, from the chaff pretty well, and after who worked with VanDyke wrote pri- proves it once again. examining his record and judgment, vately to his colleagues: Every day, people head to their local they found Mr. VanDyke unqualified to Ever since he has arrived, Mr. VanDyke pharmacy or retail store for over-the- serve on the State’s highest court. has been arrogant and disrespectful to oth- counter medications to deal with a ers, both in and outside of this office. He cough or a sore throat or a stomach Montanans rejected him overwhelm- avoids work. He does not have the skills to ingly at the ballot box, but now the perform, nor desire to learn how to perform, ache. Every day, parents across the majority leader wants to give him a the work of a lawyer. Now that he has re- country turn to the medicine cabinet lifetime seat on the bench. signed— after someone comes home with a Once you start to dig into Mr. That was when he resigned to run for scrape or a bug bite or poison ivy. VanDyke’s extreme record, it is not the supreme court— Every day, there are countless other hard to see why folks in my State were and refuses to work on cases assigned to health concerns people look to treat concerned about his ability to be fair him, while remaining on the payroll for the quickly, safely, and effectively with and independent. This is a man who be- next several months. over-the-counter drugs. That is why lieves a government should insert itself In fact, even Mr. VanDyke doesn’t this legislation is so important. between a woman and her doctor when consider himself qualified to perform The pace of scientific discovery she is trying to make private the basic duties of a lawyer. He once seems to speed up every day, but the healthcare decisions. This is a man explained in an email that he has no over-the-counter monograph system— who, as Montana’s solicitor general, experience in discovery, experts, stipu- the system for how these drugs are reg- worked to oppose same-sex marriage lations, or in meeting and conferring ulated and brought to market—has not and questioned the ability of same-sex with opposing counsel. kept pace. The current system has not partners to properly raise children. I am no lawyer, but those sound like changed, actually, since 1972, and it This is a man who supports opening our the tasks that someone up for a life- sorely needs to. Right now, even after public lands to mining and drilling. time judicial appointment should know the science has made clear that small By the way, our public lands con- how to do. changes to the monograph, or recipe, tribute more than $7 billion to our Let me put it this way. If I were for an over-the-counter drug might economy. Nonetheless, open it up, drill looking for a contractor to do work on make it safer or more effective, it can it, and mine it. And this is a man who my farm and the contractor had these take years for those changes to be ap- ridiculed Montana’s deep belief that kinds of qualifications, I would not proved under the current outdated corporations are not people. He argued hire him for 1 minute, much less give process. Even small changes to a drug in favor of unchecked money flowing him a job for a lifetime. label, including changes regarding im- into our elections. He believed that I spend more time in Washington, portant new safety information, can be corporations were people and, in fact, DC, than I would like, which is how I held up for years. his race for supreme court in Montana know there is no shortage of lawyers The Over-the-Counter Monograph received over $600,000 in outside spend- around here and around the country. Safety, Innovation, and Reform Act ing—$170,000 from the Koch brothers There is absolutely no reason that we takes long-needed steps to address this alone. can’t find someone better suited to this problem and streamline the way over- My guess is that some of my friends position than Lawrence VanDyke. the-counter drugs are regulated and on the other side of the aisle view Mr. I know it is too much to hope that brought to market. These changes will VanDyke’s extreme positions as an the Senate will act with as much com- allow the Food and Drug Administra- asset, not an issue. They may point to mon sense as the folks in Montana do, tion to do more to protect public the fact that he claimed he would be but I do expect us to have the decency health and make sure over-the-counter objective during his confirmation hear- to respect the will of Montana voters drugs, ingredients, and labels reflect ing. and reject Mr. VanDyke for a seat on the latest science. It will also encour- The fact is, we cannot trust Mr. Van- the Ninth Circuit Court of Appeals. age the development of new products to Dyke to put aside his past positions I urge my colleagues to take a look better meet the needs of patients. The and give everyone who comes before his at the record, to take a look at what he legislation allows the FDA to collect court a fair shake, to be fair and im- has done, to know it will not be a fair user fees for reviewing over-the- partial. and impartial court if he is put on it, counter drugs to make sure it has the Mr. VanDyke has never been a judge, and I urge my colleagues to oppose his resources it needs to do this important and he was rated as ‘‘not qualified’’ by nomination. job. the nonpartisan, nonpolitical American I yield the floor. Many families rely on over-the- Bar Association. I suggest the absence of a quorum. counter drugs each day for a lot of dif- By the way, this isn’t the first nomi- The PRESIDING OFFICER. The ferent reasons. It is very important nee who has come up who has been clerk will call the roll. that these medications and the labels rated as ‘‘not qualified.’’ I asked a law- The legislative clerk proceeded to we turn to for information about them yer friend of mine what that means, call the roll. are safe, that they are effective, and

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.009 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6916 CONGRESSIONAL RECORD — SENATE December 10, 2019 that they are as up-to-date with the Unfortunately, the rules for a Con- trality rules, everything has been just latest science as possible. Thanks to gressional Review Act that allow just fine, but we are not falling for that. As the efforts of Senator ISAKSON and Sen- 30 Senators to force the majority to the legal challenges over this issue ator CASEY, this bill we will vote on schedule a vote is not an option in this have taken place over the last 2 years, this afternoon will help accomplish Congress because the right to bring a internet providers have had every in- that by updating the over-the-counter Congressional Review Act resolution to centive to keep a low profile, to keep monograph system for the first time in the floor has a time limit on it, which things as they were. But ultimately, decades. I know how important this has now expired. So, instead, today we the question before the Senate today is bill has been to Senator ISAKSON and once again call for an immediate vote whether consumers trust their internet how he has worked so hard on it for on the Save the Internet Act. companies to do the right thing with- many years. I want to tell him how Already, in June, our Republican col- out being told they have to. We know grateful I am. I want him to know that leagues failed to listen to the voices of that consumers rightfully don’t trust I am particularly grateful for his com- their constituents and blocked a vote the broadband barons. mitment to getting this done for fami- from happening. Sadly, the Repub- It is time we do the right thing for lies back in Georgia and across the licans plan to stonewall us again and the American people. We can start with country. to block this vote. This is yet another passing the Save the Internet Act and I yield the floor. example of the Republican Party refus- protecting the internet as we know it. The PRESIDING OFFICER. The Sen- ing to side with the ordinary people in The American people want action now. ator from Massachusetts. our country—families, small busi- The Democrats are committed to fight- UNANIMOUS CONSENT REQUEST—S. 682 nesses, startups, entrepreneurs, anyone ing on their behalf. Net neutrality just Mr. MARKEY. Mr. President, today I with an idea who needs the internet to stands for nondiscrimination online. rise in defense of net neutrality. This get it off the ground. You can’t be biased against a smaller week marks the 2-year anniversary of Under Senator MCCONNELL’s leader- voice, a smaller company, a startup; it the Trump FCC’s wrongheaded decision ship, the Republicans have buried this is not allowed. That is what net neu- to repeal net neutrality. bill in their legislative graveyard. In- trality says to all the big broadband gi- First, let’s be clear about what we stead of passing legislation, instead of ants—you cannot discriminate. Net are discussing today. Net neutrality is acting on legislation which already neutrality is something that is at the just another way of saying non- passed in the Senate in 2018 and which heart of what the 21st century should discrimination. That is what it is all passed the House of Representatives stand for in this internet age. about. It is just another way of saying this April, Leader MCCONNELL has done I urge my colleagues to support this that big companies online can’t dis- little but confirm unqualified, ex- motion. I yield to the great leader of the criminate against individual con- treme-right nominees for the Trump State of Washington, Senator CANT- sumers; that large companies can’t dis- administration. criminate against smaller companies Just listen to some of the bills that WELL. Ms. CANTWELL. Mr. President, I and startups; that corporations can’t Senate Republicans refuse to act on rise today to join my colleague from stifle speech online; that once you pay that have already moved through the Massachusetts, who has been a leader your monthly internet service bill, you House of Representatives this year: the on this important issue of net neu- Violence Against Women’s Act, voting can go anywhere you want on the trality. I want to speak and back up and democracy reform, gun background internet without Charter or Comcast what he said today about why it is so or AT&T or Verizon slowing down or checks, paycheck fairness, and the important and that we need to fight to blocking your path to a website of your Paris climate agreement. The answer protect a free and open internet, before choosing. from the Republican leadership is no, I do, I would just like to mention that Despite all this, 2 years ago this no, no, no. That is what continues to yesterday we filed a bill dealing with week, the Trump Federal Communica- happen. Net neutrality is part of that trade enforcement. tions Commission voted to throw out chorus of ‘‘noes’’ that the Republicans The reason I bring that up is because net neutrality at the behest of the aim at legislation the American people today there is going to be a lot of dis- broadband barons. Since then, we have want and need to have passed here in cussion about trade writ large. It is watched as countless citizens, compa- the Senate. very important that in the trade dis- nies, and activists have continued to But the Senate majority leader and cussion, we also have trade enforce- stand up and demand that net neu- his Republican colleagues can keep ment. Much of what we filed yesterday trality be restored. populating the legislative graveyard at is what we hope to see in an agreement This spring, the House of Representa- their political peril because this is the that is now being unveiled, and this tives took an important step in passing agenda the American people want to builds on capacity building, which is the Save the Internet Act. My legisla- see the Senate debating. They want to very important. We want to make sure tion in the Senate would overturn the see these laws put on the books to pro- we have the enforcement capabilities Trump administration FCC’s decision tect families in this country. The at USTR and now the capacity and en- and restore net neutrality protections. issues they are blocking are enor- forcement in Mexico to make these In the Senate, we have already success- mously popular, and most have bipar- agreements work in the future. I look fully passed the same proposal on a bi- tisan support. Net neutrality is one of forward to discussing that with my col- partisan basis. those issues. leagues. In April of 2018, my Congressional The Save the Internet Act—the bill I am really here to talk about how 2 Review Act resolution passed in the we are debating today—does exactly years ago, the Trump administration, Senate by a bipartisan vote of 52 to 47. what the American people want. It re- basically, with the FCC at the helm, We debated net neutrality, and the stores the rules that ensure families repealed net neutrality and put Big Senate decided to join the majority of aren’t subjected to higher prices, slow- Cable in charge of our internet future. Americans and support a free and open er internet speeds, and even blocked Despite 83 percent of all Americans and internet. In that vote, we sent a mes- websites because the big internet pro- a majority of Independents, Democrats, sage to President Trump about what it viders want to pump up their profits. and Republicans supporting a free and means to have an internet free of cor- That is what today’s fight is all about. open internet—that means making porate control and open to all who It is a fight for innovation; for sure they weren’t charged excessive want to communicate, engage, and in- entrepreneurialism; for the American rates—the FCC chose to side with cable novate. We made clear that this Con- economy; a fight for free speech, which companies. gress won’t fall for President Trump’s is the cornerstone of our democracy; Not long after, Verizon throttled the special interest agenda that just wants and a fight for the most powerful plat- broadband service of Santa Clara fire- to block, slow down, or discriminate form for commerce and communica- fighters in California when they were against content online just to charge tions in the history of the planet. in the midst of fighting the massive Americans more on their cable and Some will argue that since the Mendocino Complex Fire in 2018. De- internet bills. Trump FCC ripped away the net neu- spite firefighters’ urgent pleas to stop

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.010 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6917 the throttling, Verizon refused to do tation has always framed the issue of I look forward to being in my home so. net neutrality and consumer rights ap- State of Oregon in a couple of days and For those who don’t understand what propriately. having town meetings. What I like the throttling is, we are always concerned I am going to speak for just a few most is when people speak up on issues that without rules of the road, compa- minutes. Then, on behalf of our side— like fairness and net neutrality, and I nies would slow down some access to on behalf of the Democratic caucus— am going to hear about it this week- internet sites. This is so important be- Senator MARKEY, our friend from Mas- end. Other States have policies like Or- cause we don’t want an internet that is sachusetts, will propound a unanimous egon’s as well. based on how much you pay for faster consent request. I note that the chair- Here in Congress, on this side of the broadband access. man of the committee is here, and we aisle—and you will see it when Senator We think that to slow down impor- will have a bit of discussion. MARKEY offers his proposal in a mo- tant sites like public service sites or Let me give a bit of history on this. ment—we are going to keep up the any sites or to base an internet on how Senator MARKEY introduced the first fight to protect consumers from Ajit much you pay is the wrong direction. net neutrality bill as a Member of the Pai and the Trump FCC. We still have More importantly, we need to make other Chamber, and I introduced the that vision of the original internet sure we are policing this. Even today, first net neutrality bill in the U.S. Sen- that Senator MARKEY and I talked as we have no Federal agency with ate. Right out of the gate, I think it is about when he offered the first pro- clear authority to adopt hard and fast important for people to understand posal in the House and I offered the rules to keep that situation from hap- what this issue is all about. Real net first proposal in the Senate. What pening again, we need to keep fighting. neutrality empowers consumers. After could be more simple than putting the Another example is that wireless car- they pay their internet access fees, consumer in the driver’s seat? You can riers have been accused of potentially they get to go where they want, when say where you want to go, when you throttling subscribers to Netflix, they want, and how they want. What want, and how you want. Now we are YouTube, and Sprint and allegedly Ajit Pai and Donald Trump want is talking today—years later—about the something very different. They want interfering with Skype services. Again, cable companies being able to say they an internet policy that lets Big Cable that is another example of why we are going to decide those very issues. have to keep our message about a free get what it wants, when Big Cable I am very pleased—and I think it is and open internet no matter where we wants it, and how Big Cable wants it. very appropriate—that after years of look, where we live, or where we are That is the difference here. leadership on this issue in both the Who is in the driver’s seat? accessing the internet. other body and in the U.S. Senate that Senator MARKEY, Senator CANTWELL, It is long past time for the Senate to and I say that this is what the beauty Senator MARKEY is going to speak for vote on the Save the Internet Act— of the internet has always been about, our caucus on this issue and call for something on which our colleague from which is really simple. The consumer is the Senate to pass his legislation so as Massachusetts has been a leader. in the driver’s seat. We don’t have an to have a truly free and open internet Our bill would restore the protec- information aristocracy with lanes and for the entire country. tions for a free and open internet that all kinds of favoritism for the powerful If you don’t get the Markey proposal, were had by the Obama FCC in 2015, and the influential. It is where the stu- what you are going to see are big cable which would mean no blocking, throt- dent, the small business, and the per- companies that will, bit by bit, little tling, or paid prioritization would be son without power and clout gets the by little, keep ratcheting up the cost of allowed. The FCC would have the flexi- same fair shake as everybody else. internet access. By the way, their ble legal standards by which to address What we have said is we want to keep strategy is to do that little by little be- concerns that would arise from these the consumer in the driver’s seat, and cause they are hoping nobody will ever big cable companies’ threats to a free Mr. Pai and Donald Trump want a dif- complain and that nobody will notice. and open internet. ferent notion of internet freedom. Senator MARKEY and I and our caucus Again, I thank the Senator from What they really want to say is that have figured out that the cable compa- Massachusetts for his leadership—per- internet freedom is Big Cable freedom. nies are trying to disguise price hikes sistent both in the House and the Sen- That is their idea about how we ought and data limits in the end by flashing ate—in stressing how important this is. to approach the internet. At the end of discounts on bundles of content. What As my colleagues know, these issues the day, if the policy here is about let- the cable people are talking about is a are going to be very important in the ting Big Cable rig the internet in favor bad deal for consumers, and it is a bad future, not just with regard to privacy, of those who can afford to pay more deal because Ajit Pai and Donald which the Senator has also been a lead- and shake down everybody else, people Trump want to put Big Cable profits er on—and I very much appreciate that will have a choice to do that, but that over the interests of the typical Amer- the hometown newspaper wrote a glow- is not the choice Senator MARKEY and ican. ing endorsement of the legislation he I are going to make. With my full support, I appreciate and I have just recently introduced on Cable companies are already tricking Senator MARKEY’s offering this legisla- privacy—but in understanding that in people into buying so-called unlimited tion today. In going forward, we are the information age, you have to give service plans that limit their service. going to be working with him to keep consumers rights, that you have to People have uncovered the way they up this fight, and I look forward to the give them the right to privacy, and have throttled service for particular discussion. that you have to give them the right to users, including for first responders in I notice that my colleague from the a free and open internet that is not times of emergency. Megamergers that end of the alphabet and my friend, the controlled in speed and that is not con- involve telecom and entertainment chairman of the committee, is here, trolled by one’s saying, If you pay us companies also limit competition and and we will have a little back-and- more, we will give you access. This is threaten to balkanize the internet. forth. going to be a key communication tool We are talking about fracturing the I yield the floor. for the 21st century, and it needs to be internet into small bundles that cost The PRESIDING OFFICER. The Sen- open. big money. That is the vision the cable ator from Massachusetts. I thank my colleague for raising this companies have—not net neutrality— Mr. MARKEY. Mr. President, I agree important issue, and I will continue to by which you head in a direction with every word Senator WYDEN has work with him and our other col- whereby consumers pay a lot more for just spoken on the Senate floor, and I leagues to make it the law of the land. entertainment and information and thank him for his leadership in going I yield the floor. small businesses scratch their heads back to 2006, which was when we first The PRESIDING OFFICER. The Sen- and ask: How in the world am I going introduced into the U.S. Congress leg- ator from Oregon. to compete with the big guys online? islation on net neutrality. We did it Mr. WYDEN. Mr. President, our Fortunately, the courts recently said then because it was important, and we ranking member on the Committee on the Trump administration can’t over- are doing it today because it is criti- Commerce, Science, and Transpor- rule States on net neutrality. cally important.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.012 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6918 CONGRESSIONAL RECORD — SENATE December 10, 2019 The question is really whether the tions that scared off investment, par- So I absolutely feel that what just internet is going to be free and open or ticularly the Depression-era title II happened is a disservice to consumers whether it is going to have the prin- regulation, as if the internet were and innovators in our country; that ciples of nondiscrimination. Smaller going to be governed like a utility they should be allowed to have net neu- voices, smaller companies, startup company from the 1930s and 1940s. It trality as their protection, and I think, companies, and individuals in our soci- did away with them. again, that we are on the right side of ety must be protected on the internet Since that time—in the 2 years of history in propounding this legislation in the future. That is what net neu- America’s operating under what my to be brought out here, and, ulti- trality is all about. friends would end with this legisla- mately, today history was not served We are on the right side of history on tion—more Americans have been con- well. this issue. Every day that goes by fur- nected to the internet than ever before. I yield the floor. ther instructs us as to how central the We have faster internet speeds than The PRESIDING OFFICER. The Sen- internet is in our country and on the ever before. Now, in States like my ator from Mississippi. planet. Ultimately, it has to be open, home State of Mississippi and all Mr. WICKER. Mr. President, I would simply say in response to my good and it has to be free. It cannot have across the great heartland of America, friend from Massachusetts: Where are nondiscrimination built into it because more rural Americans get more inter- the fast and slow lanes? They may hap- a small handful of huge companies de- net at faster speeds. pen sometimes. We have been warned cide they have a right to discriminate. We have two choices today—the one for 2 years this is going to happen. It I thank the Senator from Oregon, from 4 years ago that led to less hasn’t happened. and I thank our leader on the Com- growth and a recession in the growth of the internet or the one from the past 2 What has happened is the greatest mittee on Commerce, Science, and growth in the internet that we have Transportation, Senator CANTWELL of years, whereby we have been better off than ever before. seen, as opposed to the stifled growth Washington State, for their great lead- we had during the 2 years of title II ership on this issue. I will agree with my colleagues in one respect. We should have no dis- regulation under the Obama adminis- Mr. President, as in legislative ses- tration. sion, I ask unanimous consent that the crimination online, and we don’t have discrimination online today. There are I want to work with them on non- Committee on Commerce, Science, and discrimination online. Everyone wants Transportation be discharged from fur- no lanes, as my friends on the other side of the aisle have said. There is no a fair and open internet, but I think ev- ther consideration of S. 682; further, eryone also wants the great growth we that the Senate proceed to its imme- favoritism in what we are doing. We just have prosperity and huge growth have had over the past 2 years, and we diate consideration, the bill be consid- can have it with a bipartisan bill like ered read a third time and passed, and in the internet. If my friends on the other side of the the one Senator SINEMA and I are the motion to reconsider be considered aisle want to join us in enacting a per- working on and unlike the idea of put- made and laid upon the table with no manent statute so we don’t go back ting us under depression-era rules. intervening action or debate. I yield the floor. and forth between a regime of Demo- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- cratic-controlled FCCs and Republican- objection? ator from Tennessee. controlled FCCs, if they would like to The Senator from Mississippi. OVER-THE-COUNTER MONOGRAPH SAFETY, help us in that regard, statutorily Mr. WICKER. Mr. President, in re- INNOVATION, AND REFORM ACT serving the right to object, let me dis- place nondiscrimination online in the Mr. ALEXANDER. Mr. President, law, free and open internet in the law agree fundamentally with my friends every year, Americans make nearly 3 outside of the regulation of something on the other side of the aisle about who billion trips to the drugstore, phar- that we have imposed on another part is on the right side of history. macies, convenience stores to pick up I would simply offer to my distin- of our economy half a century ago, over-the-counter products such as al- then I hope they will join in the bipar- guished colleagues and to other Mem- lergy medicines, children’s cough tisan effort that Senator SINEMA and I bers of the body that we need only to syrup, or simple pain medicines such as are participating in—the Senate Net look at what has happened during the aspirin. Neutrality Bipartisan Working Group. past 2 years under the Ajit Pai-Donald As the Senate Health, Education, I would hope they would want to join Trump FCC and compare it to what Labor, and Pensions Committee was us in that regard. happened to the internet under the ap- working on the 21st Century Cures Act We can make the statute better, but in 2016, I asked Janet Woodcock, the proach being advocated by my col- I would certainly offer to my col- leagues today. Director of the Center for Drug Evalua- leagues the facts, and the facts are tion and Research at the Food and In 2015, President Obama’s FCC or- that the past 2 years have been a time dered the imposition of title II regula- Drug Administration: Are there any of great growth of the internet. The changes that really need to be made in tions to the internet. They called this previous 2 years, under depression-era net neutrality. Basically, what it the FDA’s law? This is a train—refer- rules, were a time of dramatically de- ring to the 21st century cures legisla- amounted to was a Big Government, creased investment. Depression-era set of regulations that tion—that is likely to get to the sta- For that reason, I do object to the tion. If you have something that really gave bureaucrats control over virtually unanimous consent request offered by needs to be done for the benefit of every aspect of the internet. They im- the distinguished Senator from Massa- American consumers that you haven’t plemented this in 2015, and investment chusetts. been able to get done, tell us what it is, decreased dramatically during the next The PRESIDING OFFICER (Mr. and we will put it on the train. 2 years. This was the first time in the CRUZ). Objection is heard. Well, Ms. Woodcock, who has been at history of the internet that broadband The Senator from Massachusetts. the FDA for a while, came back to me investment decreased outside of the Mr. MARKEY. Mr. President, what and said the over-the-counter mono- time of a recession. It was bad for the we just heard from the majority is, in graph. internet, bad for the public, and bad for fact, a false narrative that contends Now, what that means is these are small businesses and startups. I wonder that we have to choose between the rules that govern how all drugs if it is from this that the Save the broadband deployment and net neu- sold in pharmacies, other than pre- Internet Act would save us. If they trality, and if we don’t put net neu- scription drugs, are approved—the al- want to save us from innovation and trality back on the books, there will be lergy medicines, the cough syrups, the growth, then perhaps the Save the internet fast and slow lanes. That is simple pain medicines. Those haven’t Internet Act would get the job done, what is about to happen if we don’t act been changed since the 1970s, nearly 50 for we had no growth during that time out here on the Senate floor. Innova- years ago. and less innovation. tion will be stifled, consumers will Today the Senate, after all that Two years ago, the new FCC came in have to pay higher prices, the internet time, nearly a half century, will mod- and did away with some of these Big will not be as we have known it in the ernize these rules by passing legisla- Government, Depression-era regula- past. tion proposed by Senator ISAKSON and

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.014 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6919 Senator CASEY. It is called the Over- credit card, and to this day she is still proving our healthcare system, not un- the-Counter Monograph Safety, Inno- paying back all of the bills she accu- dermining them. vation and Reform Act. mulated within her first month of Thank you. I am sure it will get a big vote of ap- being diagnosed. I yield the floor. proval, and like a lot of other very im- Soon after, she lost her job because The PRESIDING OFFICER. The Sen- portant things that are done in the she missed so much work. She then ator from Nevada. Senate that are very, very difficult to went to work with her husband at the NOMINATION OF LAWRENCE VANDYKE do, it will look easy. gym they own in Manchester and was Ms. ROSEN. Mr. President, I stand It hasn’t been easy. It has taken a able to get health insurance through here today in opposition to the nomi- long time—nearly a half century. It the business. nation of Lawrence VanDyke to the was the one thing that the FDA said we Still, the costs remain enormous. On Ninth Circuit Court of Appeals in Ne- just can’t get done. That was in 2016, 3 average, Cassandra has to spend $150 a vada, and I stand here today because I years ago, and now Senator ISAKSON month on insulin costs alone after in- think we can all agree—no matter and Senator CASEY are getting it done. surance. Her premium is over $400 per where you are from—that Federal It is the most important law affect- month, and every 3 months she accu- judges in our States should come from ing the safety, innovation, and cost of mulates bills of over $500 due to the our communities, and they should re- over-the-counter drugs since the 1970s. cost of appointments and equipment. flect our communities. It is a great testament to Senator And, sadly, Cassandra and her husband It is unfortunate to see this Chamber ISAKSON’s leadership and legislative are nervous about starting a family be- disregard Nevada’s voice and move for- skill. He, of course, is leaving the Sen- cause their costs for care would grow ward with Mr. VanDyke’s nomination. ate at the end of this year, and this is even higher. The amount of insulin a The State of Nevada has numerous a fitting tribute to his work. woman with type 1 diabetes needs in- qualified lawyers and judges who have In the same way, I thank Senator creases three times when she is preg- done good work and have good reputa- CASEY of Pennsylvania for his excellent nant. tions in our communities, who are non- work, in bipartisan fashion, with Sen- Cassandra’s story is an example of partisan, and who would make excel- ator ISAKSON on this bill. They both de- why we need to improve our healthcare lent additions to the Ninth Circuit. But serve great credit and thanks for get- system and also why we can’t afford to the White House didn’t nominate any ting this update across the finish line. allow Washington Republicans to pull of these qualified individuals for the It may look easy, but what they have us backward. Ninth Circuit. Instead, the President done is something that hasn’t been The administration is backing a par- nominated Lawrence VanDyke, a man changed for nearly a half century and tisan lawsuit—the result of which we that the Food and Drug Administra- who wasn’t born in Nevada, didn’t grow will know soon—which would take tion said was the one thing that needed up in Nevada, didn’t go to school in Ne- healthcare away from millions of to be done to help consumers to affect vada, and doesn’t live in Nevada now. Americans, gut protections for pre- the availability, the safety, the cost, He hasn’t even set foot in Nevada for existing conditions, end Medicaid ex- and the innovation of drugs that are over a year. This administration has nominated sold across the counter that are not pansion, and eliminate the requirement prescription drugs. that insurers must cover prescription someone to serve on the Nevada seat of I yield the floor. drugs, maternity care, mental the Ninth Circuit who—and let me be The PRESIDING OFFICER. The Sen- healthcare, substance abuse treatment, clear—is not a Nevadan. Mr. VanDyke ator from New Hampshire. and so much more. is, however, a Washington, DC, lawyer HEALTHCARE With the support of Senate Repub- and failed political candidate from Ms. HASSAN. Mr. President, I rise to licans, the administration has pro- Montana who was nominated to further join my Democratic colleagues who moted what are appropriately referred his and this administration’s extreme have come to the floor in recent weeks to as junk health insurance plans. political views. to share stories from our constituents These junk plans allow insurance com- His nomination is being imposed on about the need to protect and improve panies to discriminate against Ameri- the people of Nevada, despite the many healthcare. cans who experience preexisting condi- qualified individuals in our own Throughout the last 3 years, the tions, and they also leave patients with State—individuals who are respected Trump administration and Republicans higher healthcare costs and worse in- on both sides of the aisle. in Congress have been relentless in surance coverage. As if Mr. VanDyke’s lack of any their attempts to undermine our The administration has opposed cer- meaningful connection to the State of healthcare system, and their efforts tain efforts to lower the costs of pre- Nevada wasn’t enough, Mr. VanDyke is have increased costs and made it hard- scription drugs, in particular, allowing not even qualified to hold this post, ac- er for patients to access the care they Medicare to negotiate prices on life- cording to the American Bar Associa- and their families need. saving drugs, including insulin. These tion. In reviewing this nominee and Instead of working to improve our actions are unacceptable. speaking with dozens upon dozens of healthcare system and ensure that it is Families in New Hampshire and all his former colleagues, the ABA found actually working for patients, this ad- across the country cannot afford these Mr. VanDyke specifically ‘‘not quali- ministration and some of my Repub- reckless attacks on their healthcare, fied’’ to serve in this role. The ABA has lican colleagues have actively sought and they want us to work together on made that finding for only 3 percent of to do the opposite, and that has very constructive bipartisan solutions that President Trump’s judicial nominees, real implications for the people we improve their lives and lower their and Mr. VanDyke is the first in a small serve. costs, not this constant uncertainty group whose nomination will move for- Take, for example, Cassandra Van and sabotage. ward without—let me repeat: without— Kuren of Manchester, NH. Cassandra is The efforts of people like Cassandra, the support of either Senator rep- a 26-year-old who is passionate about who have shared their stories in an at- resenting the State where he will sit on fitness and staying healthy. That is tempt to shine a light on the chal- the bench if confirmed. That we would why it was so devastating that a week lenges that patients are experiencing, allow someone who is not qualified to before she turned 25, she got the news are incredibly important. No one hold a lifetime position in such a criti- that she had been diagnosed with type should have to share their most deeply cally important role is, frankly, ab- 1 diabetes. personal healthcare stories and plead surd, and it is something no Senator Cassandra’s life had been turned up- for lawmakers not to undermine their should support, no matter the party of side down, and after her diagnosis, she health coverage, but that is where we the President who nominated them. was immediately hit with another are. I am incredibly grateful for those The ABA’s report found Mr. VanDyke shocking blow: the costs associated who have had the courage to speak out. to be lacking in knowledge of day-to- with her condition. I will continue to share their stories, day practice, including procedural Within the first week of her diag- and I will continue working with any- rules. The report found Mr. VanDyke nosis, she was forced to max out her one who is serious about actually im- to be lacking humility and an open

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.015 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6920 CONGRESSIONAL RECORD — SENATE December 10, 2019 mind, and the ABA’s report found Mr. from Vermont (Mr. SANDERS), the Sen- of Lawrence VanDyke, of Nevada, to be VanDyke to be lacking a commitment ator from Virginia (Mr. WARNER), and United States Circuit Judge for the to the truth. the Senator from Massachusetts (Ms. Ninth Circuit, shall be brought to a In order to see how the ABA came to WARREN) are necessarily absent. close? this conclusion, one only needs to look The PRESIDING OFFICER. Are there at Mr. VanDyke’s record of pursuing an any other Senators in the Chamber de- The yeas and nays are mandatory ideological agenda instead of working siring to vote? under the rule. for the people and defending the law. In The result was announced—yeas 53, The clerk will call the roll. his past role as attorney general of nays 40, as follows: The senior assistant legislative clerk Montana, he filed many politically [Rollcall Vote No. 387 Ex.] called the roll. driven briefs, including one asking the YEAS—53 Mr. DURBIN. I announce that the Supreme Court to strike down Roe v. Alexander Fischer Perdue Wade altogether, a view that is out of Barrasso Gardner Portman Senator from Colorado (Mr. BENNET), step with the views of Nevadans. He Blackburn Graham Risch the Senator from New Jersey (Mr. even signed the State onto one brief Blunt Grassley Roberts Boozman Hawley BOOKER), the Senator from California without reading it, by his own admis- Romney Braun Hoeven Rounds (Ms. HARRIS), the Senator from Min- sion. Burr Hyde-Smith Rubio nesota (Ms. KLOBUCHAR), the Senator Mr. VanDyke has also made con- Capito Inhofe Sasse Cassidy Isakson from Vermont (Mr. SANDERS), the Sen- troversial and appalling statements Scott (FL) Collins Johnson Scott (SC) ator from Virginia (Mr. WARNER), and about LGBTQ Americans, writing this: Cornyn Kennedy Shelby ‘‘[There is] ample reason for concern Cotton Lankford the Senator from Massachusetts (Ms. Sullivan that same-sex marriage will hurt fami- Cramer Lee WARREN) are necessarily absent. Crapo McConnell Thune lies, and consequentially children and Cruz McSally Tillis The PRESIDING OFFICER (Mrs. society.’’ Daines Moran Toomey BLACKBURN). Are there any other Sen- Wicker Mr. VanDyke was given every oppor- Enzi Murkowski ators in the Chamber desiring to vote? tunity to disavow this statement and Ernst Paul Young repeatedly declined to do so. Allowing NAYS—40 The yeas and nays resulted—yeas 53, Mr. VanDyke to serve on the Ninth Baldwin Heinrich Rosen nays 40, as follows: Circuit would put at risk the rights of Blumenthal Hirono Schatz [Rollcall Vote No. 388 Ex.] thousands of LGBTQ Americans to em- Brown Jones Schumer Cantwell Kaine Shaheen YEAS—53 ployment, healthcare, housing, and Cardin King Sinema Alexander Fischer Perdue basic equal treatment in what is often Carper Leahy Smith Barrasso Gardner Portman the court of last resort. Casey Manchin Stabenow Blackburn Graham Risch Coons Markey Tester Surely you must agree, no matter Cortez Masto Menendez Blunt Grassley Roberts Udall who is President or who controls the Duckworth Merkley Boozman Hawley Romney Van Hollen Durbin Murphy Braun Hoeven Rounds Senate, you would want qualified Whitehouse Feinstein Murray Burr Hyde-Smith Rubio judges with connections to the State Wyden Gillibrand Peters Capito Inhofe who will be fair to your constituents Sasse Hassan Reed Cassidy Isakson Scott (FL) and not use cases to advance their per- NOT VOTING—7 Collins Johnson Scott (SC) sonal ideological agenda. Cornyn Kennedy Shelby I oppose the nomination of Mr. Van- Bennet Klobuchar Warren Cotton Lankford Sullivan Booker Sanders Cramer Lee Thune Dyke, and if it is withdrawn or voted Harris Warner Crapo McConnell down, I will be ready at a moment’s no- Tillis The nomination was confirmed. Cruz McSally Toomey tice to work with this White House in Daines Moran The PRESIDING OFFICER. Under Wicker finding a fair, qualified, and non- Enzi Murkowski Young the previous order, the motion to re- Ernst Paul partisan nominee from Nevada. The consider is considered made and laid people of my home State and yours de- upon the table, and the President will NAYS—40 serve nothing less. be immediately notified of the Senate’s Baldwin Heinrich Rosen I yield the floor. action. Blumenthal Hirono Schatz f Brown Jones Schumer f Cantwell Kaine Shaheen RECESS Cardin King Sinema CLOTURE MOTION Carper Leahy Smith The PRESIDING OFFICER. Under Casey Manchin The PRESIDING OFFICER. Pursuant Stabenow the previous order, the Senate stands Coons Markey Tester Cortez Masto Menendez in recess until 2:15 p.m. to rule XXII, the Chair lays before the Udall Duckworth Merkley Senate the pending cloture motion, Van Hollen Thereupon, the Senate, at 12:33 p.m., Durbin Murphy Whitehouse recessed until 2:15 p.m. and reassem- which the clerk will state. Feinstein Murray bled when called to order by the Pre- The senior assistant legislative clerk Gillibrand Peters Wyden siding Officer (Mrs. CAPITO). read as follows: Hassan Reed CLOTURE MOTION f NOT VOTING—7 We, the undersigned Senators, in accord- EXECUTIVE CALENDAR—Continued ance with the provisions of rule XXII of the Bennet Klobuchar Warren Booker Sanders The PRESIDING OFFICER. The Standing Rules of the Senate, do hereby Harris Warner question is, Will the Senate advise and move to bring to a close debate on the nomi- consent to the Bumatay nomination? nation of Lawrence VanDyke, of Nevada, to The PRESIDING OFFICER. The yeas Mr. HEINRICH. I ask for the yeas and be United States Circuit Judge for the Ninth are 53, the nays are 40. Circuit. nays. Mitch McConnell, Tom Cotton, John The motion is agreed to. The PRESIDING OFFICER. Is there a Boozman, Mike Crapo, Thom Tillis, sufficient second? Chuck Grassley, Jerry Moran, Kevin f There appears to be a sufficient sec- Cramer, John Barrasso, Mike Braun, ond. Joni Ernst, Pat Roberts, John Cornyn, The clerk will call the roll. Roy Blunt, John Thune, Lindsey EXECUTIVE CALENDAR Graham, Roger F. Wicker. Mr. DURBIN. I announce that the The clerk will report the nomination. Senator from Colorado (Mr. BENNETT), The PRESIDING OFFICER. By unan- the Senator from New Jersey (Mr. imous consent, the mandatory quorum The senior assistant legislative clerk BOOKER), the Senator from California call has been waived. read the nomination of Lawrence Van- (Ms. HARRIS), the Senator from Min- The question is, Is it the sense of the Dyke, of Nevada, to be United States nesota (Ms. KLOBUCHAR), the Senator Senate that debate on the nomination Circuit Judge for the Ninth Circuit.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.017 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6921 LEGISLATIVE SESSION Mr. BURR. Madam President, I ask Cortez Masto Jones Rosen unanimous consent to speak for 1 Cotton Kaine Rounds Cramer Kennedy Rubio minute in opposition. Crapo King Sasse OVER-THE-COUNTER MONOGRAPH The PRESIDING OFFICER. Is there Cruz Lankford Schatz SAFETY, INNOVATION, AND RE- objection? Daines Leahy Schumer Duckworth Lee FORM ACT OF 2019 Without objection, it is so ordered. Scott (SC) Durbin Manchin Shaheen Enzi Markey The PRESIDING OFFICER. Under Mr. BURR. Madam President, I reluc- Shelby Ernst McConnell the previous order, the Senate will pro- tantly rise in opposition to this legisla- Sinema Feinstein McSally ceed to legislative session and the con- tion, and I have worked with Senator Fischer Menendez Smith sideration of S. 2740, which the clerk ISAKSON over the years on FDA legisla- Gardner Merkley Stabenow will report. tion. Gillibrand Moran Sullivan Tester The senior assistant legislative clerk Graham Murkowski I want to be perfectly clear that I Grassley Murphy Thune read as follows: agree with all of the reforms that are Hassan Murray Tillis A bill (S. 2740) to amend the Federal Food, in this piece of legislation within the Hawley Paul Toomey Drug, and Cosmetic Act to clarify the regu- over-the-counter division at FDA. I Heinrich Perdue Udall latory framework with respect to certain Hirono Peters Van Hollen simply disagree with the way in which Hoeven Portman nonprescription drugs that are marketed Whitehouse this legislation provides the resources Hyde-Smith Reed Wicker without an approved new drug application, to achieve these reforms because I Inhofe Risch Wyden and for other purposes. Isakson Roberts Young don’t believe it will result in what the Johnson Romney The PRESIDING OFFICER. The Sen- expectations are of the authors. ator from Pennsylvania. When the drug industry first agreed NAYS—2 Mr. CASEY. Madam President, the to user fees in 1993, the fee to file a new Burr Senate is about to vote on the Over- drug application was $100,000. Today Scott (FL) the-Counter Monograph Safety, Inno- that fee is $2.1 million. To that end, the NOT VOTING—7 vation, and Reform Act of 2019. FDA has struggled to uphold its end of Bennet Klobuchar Warren I want to thank my friend and col- the bargain, falling behind in its com- Booker Sanders league Senator ISAKSON for his good mitment to hire the number of employ- Harris Warner work on this for many years, Chairman ees the agency needs to actually review The bill (S. 2740) was passed, as fol- ALEXANDER, and Ranking Member the applications that cost millions of lows: PATTY MURRAY. dollars to file. S. 2740 The current OTC monograph system The FDA continues to increase the Be it enacted by the Senate and House of Rep- is broken, and what we are talking amount of user fee dollars it requires resentatives of the United States of America in about, in simple form, is literally what to review applications, eroding the bal- Congress assembled, is on your pill bottle, that kind of in- ance of congressional oversight pro- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. formation. vided by the appropriation of taxpayer (a) SHORT TITLE.—This Act may be cited as It is a broken system. The FDA dollars. the ‘‘Over-the-Counter Monograph Safety, doesn’t have the authority to move Innovation, and Reform Act of 2019’’. I encourage my colleagues that what swiftly when there is a threat to public (b) TABLE OF CONTENTS.—The table of con- JOHNNY is trying to do is the right health; it doesn’t have the opportunity tents for this Act is as follows: thing to do, but it is the wrong way to to update existing monographs; and Sec. 1. Short title; table of contents. pay for it. there is no incentive for innovation. TITLE I—OTC DRUG REVIEW I yield the floor. This legislation is decades overdue. I Sec. 101. Regulation of certain nonprescrip- am grateful for the good work of so The bill was ordered to be engrossed tion drugs that are marketed many who made it possible. It is a com- for a third reading and was read the without an approved drug appli- monsense bill, consumer group sup- third time. cation. ported, industry stakeholder sup- The PRESIDING OFFICER. The bill Sec. 102. Misbranding. having been read the third time, the Sec. 103. Drugs excluded from the over-the- ported, and of course the FDA not only counter drug review. supports it but needs it. question is, Shall the bill pass? Mr. CARDIN. Madam President, I ask Sec. 104. Treatment of Sunscreen Innovation I will now yield to my friend and col- Act. for the yeas and nays. league, Senator JOHNNY ISAKSON. Sec. 105. Annual update to Congress on ap- Mr. ISAKSON. Madam President, I The PRESIDING OFFICER. Is there a propriate pediatric indication thank the Senator from Pennsylvania. sufficient second? for certain OTC cough and cold If you want to go home on time, if There appears to be a sufficient sec- drugs. Sec. 106. Technical corrections. you want to take something home to ond. give to the American people that they The clerk will call the roll. TITLE II—USER FEES want and they need, then you will vote The legislative clerk called the roll. Sec. 201. Short title; finding. with me and the other Members who Mr. DURBIN. I announce that the Sec. 202. Fees relating to over-the-counter drugs. have spoken on the Over-the-Counter Senator from Colorado (Mr. BENNET), Monograph bill today. the Senator from New Jersey (Mr. TITLE I—OTC DRUG REVIEW There are sunscreens on the market BOOKER), the Senator from California SEC. 101. REGULATION OF CERTAIN NON- (Ms. HARRIS), the Senator from Min- PRESCRIPTION DRUGS THAT ARE in Europe that are 12 years short of MARKETED WITHOUT AN APPROVED being on the market in America all be- nesota (Ms. KLOBUCHAR), the Senator DRUG APPLICATION. cause of an antiquated approval system from Vermont (Mr. SANDERS), the Sen- (a) IN GENERAL.—Chapter V of the Federal to make sure they are safe but to get ator from Virginia (Mr. WARNER), and Food, Drug, and Cosmetic Act is amended by them to the market in time. It is about the Senator from Massachusetts (Ms. inserting after section 505F of such Act (21 time we ended melanoma, and it is WARREN) are necessarily absent. U.S.C. 355g) the following: about time we got American consumers The PRESIDING OFFICER. Are there ‘‘SEC. 505G. REGULATION OF CERTAIN NON- any other Senators in the Chamber de- PRESCRIPTION DRUGS THAT ARE what they want. It is about time we MARKETED WITHOUT AN APPROVED settle the problem. It has been a prob- siring to vote? DRUG APPLICATION. lem for a long time. The result was announced—yeas 91, ‘‘(a) NONPRESCRIPTION DRUGS MARKETED So I ask you—in fact, I plead with nays 2, as follows: WITHOUT AN APPROVED APPLICATION.—Non- you—to vote for this bill, and you will [Rollcall Vote No. 389 Leg.] prescription drugs marketed without an ap- make everybody happy, nobody mad, YEAS—91 proved drug application under section 505, as and you will save a life. There is noth- of the date of the enactment of this section, Alexander Boozman Carper shall be treated in accordance with this sub- Baldwin Braun Casey ing better than that. section. I yield the floor. Barrasso Brown Cassidy Blackburn Cantwell Collins ‘‘(1) DRUGS SUBJECT TO A FINAL MONOGRAPH; The PRESIDING OFFICER. The Sen- Blumenthal Capito Coons CATEGORY I DRUGS SUBJECT TO A TENTATIVE ator from North Carolina. Blunt Cardin Cornyn FINAL MONOGRAPH.—A drug is deemed to be

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generally recognized as safe and effective section, had been used to a material extent ‘‘(C) STANDARD.—The Secretary shall find under section 201(p)(1), not a new drug under and for a material time under section that a drug is not generally recognized as section 201(p), and not subject to section 201(p)(2); or safe and effective under section 201(p)(1) if— 503(b)(1), if— ‘‘(B) the drug is— ‘‘(i) the evidence shows that the drug is not ‘‘(A) the drug is— ‘‘(i) classified in category I for safety and generally recognized as safe and effective ‘‘(i) in conformity with the requirements effectiveness under a proposed monograph or under section 201(p)(1); or for nonprescription use of a final monograph advance notice of proposed rulemaking that ‘‘(ii) the evidence is inadequate to show issued under part 330 of title 21, Code of Fed- is the most recently applicable proposal or that the drug is generally recognized as safe eral Regulations (except as provided in para- determination for such drug issued under and effective under section 201(p)(1). graph (2)), the general requirements for non- part 330 of title 21, Code of Federal Regula- ‘‘(2) ADMINISTRATIVE ORDERS INITIATED BY prescription drugs, and conditions or re- tions; THE SECRETARY.— quirements under subsections (b), (c), and ‘‘(ii) in conformity with the requirements ‘‘(A) IN GENERAL.—In issuing an adminis- (k); and for nonprescription use of such proposed trative order under paragraph (1) upon the ‘‘(ii) except as permitted by an order issued monograph or advance notice of proposed Secretary’s initiative, the Secretary shall— under subsection (b) or, in the case of a rulemaking, any applicable subsequent de- ‘‘(i) make reasonable efforts to notify in- minor change in the drug, in conformity termination by the Secretary, the general formally, not later than 2 business days be- with an order issued under subsection (c), in requirements for nonprescription drugs, and fore the issuance of the proposed order, the a dosage form that, immediately prior to the conditions or requirements under subsection sponsors of drugs who have a listing in effect date of the enactment of this section, has (b) or (k); and under section 510(j) for the drugs or combina- been used to a material extent and for a ma- ‘‘(iii) in a dosage form that, immediately tion of drugs that will be subject to the ad- terial time under section 201(p)(2); or prior to the date of the enactment of this ministrative order; ‘‘(B) the drug is— section, has been used to a material extent ‘‘(ii) after any such reasonable efforts of ‘‘(i) classified in category I for safety and and for a material time under section notification— effectiveness under a tentative final mono- 201(p)(2). ‘‘(I) issue a proposed administrative order graph that is the most recently applicable ‘‘(4) CATEGORY II DRUGS DEEMED NEW by publishing it on the website of the Food proposal or determination issued under part DRUGS.—A drug that is classified in category and Drug Administration and include in such 330 of title 21, Code of Federal Regulations; II for safety or effectiveness under a ten- order the reasons for the issuance of such ‘‘(ii) in conformity with the proposed re- tative final monograph or that is subject to order; and quirements for nonprescription use of such a determination to be not generally recog- ‘‘(II) publish a notice of availability of tentative final monograph, any applicable nized as safe and effective in a proposed rule such proposed order in the Federal Register; subsequent determination by the Secretary, that is the most recently applicable proposal ‘‘(iii) except as provided in subparagraph the general requirements for nonprescription issued under part 330 of title 21, Code of Fed- (B), provide for a public comment period drugs, and conditions or requirements under eral Regulations, shall be deemed to be a with respect to such proposed order of not subsections (b), (c), and (k); and new drug under section 201(p), misbranded less than 45 calendar days; and ‘‘(iii) except as permitted by an order under section 502(ee), and subject to the re- ‘‘(iv) if, after completion of the pro- issued under subsection (b) or, in the case of quirement for an approved new drug applica- ceedings specified in clauses (i) through (iii), a minor change in the drug, in conformity the Secretary determines that it is appro- tion under section 505 beginning on the day with an order issued under subsection (c), in priate to issue a final administrative order— that is 180 calendar days after the date of the a dosage form that, immediately prior to the ‘‘(I) issue the final administrative order, enactment of this section, unless, before date of the enactment of this section, has together with a detailed statement of rea- such day, the Secretary determines that it is been used to a material extent and for a ma- sons, which order shall not take effect until in the interest of public health to extend the terial time under section 201(p)(2). the time for requesting judicial review under period during which the drug may be mar- ‘‘(2) TREATMENT OF SUNSCREEN DRUGS.— paragraph (3)(D)(ii) has expired; keted without such an approved new drug ap- With respect to sunscreen drugs subject to ‘‘(II) publish a notice of such final adminis- plication. this section, the applicable requirements in trative order in the Federal Register; ‘‘(5) DRUGS NOT GRASE DEEMED NEW terms of conformity with a final monograph, ‘‘(III) afford requestors of drugs that will for purposes of paragraph (1)(A)(i), shall be DRUGS.—A drug that the Secretary has deter- be subject to such order the opportunity for the requirements specified in part 352 of title mined not to be generally recognized as safe formal dispute resolution up to the level of 21, Code of Federal Regulations, as published and effective under section 201(p)(1) under a the Director of the Center for Drug Evalua- on May 21, 1999, beginning on page 27687 of final determination issued under part 330 of tion and Research, which initially must be volume 64 of the Federal Register, except title 21, Code of Federal Regulations, shall be requested within 45 calendar days of the that the applicable requirements governing deemed to be a new drug under section 201(p), issuance of the order, and, for subsequent effectiveness and labeling shall be those misbranded under section 502(ee), and subject levels of appeal, within 30 calendar days of specified in section 201.327 of title 21, Code of to the requirement for an approved new drug the prior decision; and Federal Regulations. application under section 505. ‘‘(IV) except with respect to drugs de- ‘‘(3) CATEGORY III DRUGS SUBJECT TO A TEN- ‘‘(6) OTHER DRUGS DEEMED NEW DRUGS.—Ex- scribed in paragraph (3)(B), upon completion TATIVE FINAL MONOGRAPH; CATEGORY I DRUGS cept as provided in subsection (m), a drug is of the formal dispute resolution procedure, SUBJECT TO PROPOSED MONOGRAPH OR AD- deemed to be a new drug under section 201(p) inform the persons which sought such dis- VANCE NOTICE OF PROPOSED RULEMAKING.—A and misbranded under section 502(ee) if the pute resolution of their right to request a drug that is not described in paragraph (1), drug— hearing. (2), or (4) is not required to be the subject of ‘‘(A) is not subject to section 503(b)(1); and ‘‘(B) EXCEPTIONS.—When issuing an admin- an application approved under section 505, ‘‘(B) is not described in paragraph (1), (2), istrative order under paragraph (1) on the and is not subject to section 503(b)(1), if— (3), (4), or (5), or subsection (b)(1)(B). Secretary’s initiative proposing to deter- ‘‘(A) the drug is— ‘‘(b) ADMINISTRATIVE ORDERS.— mine that a drug described in subsection ‘‘(i) classified in category III for safety or ‘‘(1) IN GENERAL.— (a)(3) is not generally recognized as safe and effectiveness in the preamble of a proposed ‘‘(A) DETERMINATION.—The Secretary may, effective under section 201(p)(1), the Sec- rule establishing a tentative final mono- on the initiative of the Secretary or at the retary shall follow the procedures in sub- graph that is the most recently applicable request of one or more requestors, issue an paragraph (A), except that— proposal or determination for such drug administrative order determining whether ‘‘(i) the proposed order shall include notice issued under part 330 of title 21, Code of Fed- there are conditions under which a specific of— eral Regulations; drug, a class of drugs, or a combination of ‘‘(I) the general categories of data the Sec- ‘‘(ii) in conformity with— drugs, is determined to be— retary has determined necessary to establish ‘‘(I) the conditions of use, including indica- ‘‘(i) not subject to section 503(b)(1); and that the drug is generally recognized as safe tion and dosage strength, if any, described ‘‘(ii) generally recognized as safe and effec- and effective under section 201(p)(1); and for such category III drug in such preamble tive under section 201(p)(1). ‘‘(II) the format for submissions by inter- or in an applicable subsequent proposed rule; ‘‘(B) EFFECT.—A drug or combination of ested persons; ‘‘(II) the proposed requirements for drugs drugs shall be deemed to not require ap- ‘‘(ii) the Secretary shall provide for a pub- classified in such tentative final monograph proval under section 505 if such drug or com- lic comment period of no less than 180 cal- in category I in the most recently proposed bination of drugs— endar days with respect to such proposed rule establishing requirements related to ‘‘(i) is determined by the Secretary to meet order, except when the Secretary deter- such tentative final monograph and in any the conditions specified in clauses (i) and (ii) mines, for good cause, that a shorter period final rule establishing requirements that are of subparagraph (A); is in the interest of public health; and applicable to the drug; and ‘‘(ii) is marketed in conformity with an ad- ‘‘(iii) any person who submits data in such ‘‘(III) the general requirements for non- ministrative order under this subsection; comment period shall include a certification prescription drugs and conditions or require- ‘‘(iii) meets the general requirements for that the person has submitted all evidence ments under subsection (b) or (k); and nonprescription drugs; and created, obtained, or received by that person ‘‘(iii) in a dosage form that, immediately ‘‘(iv) meets the requirements under sub- that is both within the categories of data prior to the date of the enactment of this sections (c) and (k). identified in the proposed order and relevant

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The decision of the presiding of- ‘‘(IV) provide for a public comment period ‘‘(3) HEARINGS; JUDICIAL REVIEW.— ficer shall be final. of at least 45 calendar days with respect to ‘‘(A) IN GENERAL.—Only a person who par- ‘‘(II) The final decision may not take effect such interim final order. ticipated in each stage of formal dispute res- until the period under subparagraph (D)(ii) ‘‘(ii) CONTENT OF ORDER.—An interim final olution under subclause (III) of paragraph for submitting a request for judicial review order issued under this subparagraph with (2)(A)(iv) of an administrative order with re- of such decision expires. respect to the labeling of a drug may provide spect to a drug may request a hearing con- ‘‘(D) JUDICIAL REVIEW OF FINAL ADMINISTRA- for new warnings and other information re- cerning a final administrative order issued TIVE ORDER.— quired for safe use of the drug. under such paragraph with respect to such ‘‘(i) IN GENERAL.—The procedures described ‘‘(C) EFFECTIVE DATE.—An order under sub- drug. If a hearing is sought, such person in section 505(h) shall apply with respect to paragraph (A) or (B) shall take effect on a must submit a request for a hearing, which judicial review of final administrative orders date specified by the Secretary. shall be based solely on information in the issued under this subsection in the same ‘‘(D) FINAL ORDER.—After the completion administrative record, to the Secretary not manner and to the same extent as such sec- of the proceedings in subparagraph (A) or later than 30 calendar days after receiving tion applies to an order described in such (B), the Secretary shall— notice of the final decision of the formal dis- section except that the judicial review shall ‘‘(i) issue a final order in accordance with pute resolution procedure. be taken by filing in an appropriate district paragraph (1); ‘‘(B) NO HEARING REQUIRED WITH RESPECT TO court of the United States in lieu of the ap- ‘‘(ii) publish a notice of availability of such ORDERS RELATING TO CERTAIN DRUGS.— pellate courts specified in such section. final administrative order in the Federal ‘‘(i) IN GENERAL.—The Secretary shall not ‘‘(ii) PERIOD TO SUBMIT A REQUEST FOR JUDI- Register; and be required to provide notice and an oppor- CIAL REVIEW.—A person eligible to request a ‘‘(iii) afford sponsors of such drugs that tunity for a hearing pursuant to paragraph hearing under this paragraph and seeking ju- will be subject to such an order the oppor- (2)(A)(iv) if the final administrative order in- dicial review of a final administrative order tunity for formal dispute resolution up to volved relates to a drug— issued under this subsection shall file such the level of the Director of the Center for ‘‘(I) that is described in subsection request for judicial review not later than 60 Drug Evaluation and Research, which must (a)(3)(A); and calendar days after the latest of— initially be within 45 calendar days of the ‘‘(II) with respect to which no human or ‘‘(I) the date on which notice of such order issuance of the order, and for subsequent lev- non-human data studies relevant to the safe- is published; els of appeal, within 30 calendar days of the ty or effectiveness of such drug have been ‘‘(II) the date on which a hearing with re- prior decision. submitted to the administrative record since spect to such order is denied under subpara- ‘‘(E) HEARINGS.—A sponsor of a drug sub- the issuance of the most recent tentative graph (B) or (C)(i); ject to a final order issued under subpara- final monograph relating to such drug. ‘‘(III) the date on which a final decision is graph (D) and that participated in each stage ‘‘(ii) HUMAN DATA STUDIES AND NON-HUMAN made following a hearing under subpara- of formal dispute resolution under clause DATA DEFINED.—In this subparagraph: graph (C)(v); or (iii) of such subparagraph may request a ‘‘(I) The term ‘human data studies’ means ‘‘(IV) if no hearing is requested, the date hearing on such order. The provisions of sub- clinical trials of safety or effectiveness (in- on which the time for requesting a hearing paragraphs (A), (B), and (C) of paragraph (3), cluding actual use studies), pharmaco- expires. other than paragraph (3)(C)(v)(II), shall kinetics studies, or bioavailability studies. ‘‘(4) EXPEDITED PROCEDURE WITH RESPECT apply with respect to a hearing on such order ‘‘(II) The term ‘non-human data’ means TO ADMINISTRATIVE ORDERS INITIATED BY THE in the same manner and to the same extent data from testing other than with human SECRETARY.— as such provisions apply with respect to a subjects which provides information con- ‘‘(A) IMMINENT HAZARD TO THE PUBLIC hearing on an administrative order issued cerning safety or effectiveness. HEALTH.— under paragraph (2)(A)(iv). ‘‘(C) HEARING PROCEDURES.— ‘‘(i) IN GENERAL.—In the case of a deter- ‘‘(F) TIMING.— ‘‘(i) DENIAL OF REQUEST FOR HEARING.—If mination by the Secretary that a drug, class ‘‘(i) FINAL ORDER AND HEARING.—The Sec- the Secretary determines that information of drugs, or combination of drugs subject to retary shall— submitted in a request for a hearing under this section poses an imminent hazard to the ‘‘(I) not later than 6 months after the date subparagraph (A) with respect to a final ad- public health, the Secretary, after first mak- on which the comment period closes under ministrative order issued under paragraph ing reasonable efforts to notify, not later subparagraph (A) or (B), issue a final order in (2)(A)(iv) does not identify the existence of a than 48 hours before issuance of such order accordance with paragraph (1); and genuine and substantial question of material under this subparagraph, sponsors who have ‘‘(II) not later than 12 months after the fact, the Secretary may deny such request. a listing in effect under section 510(j) for date on which such final order is issued, In making such a determination, the Sec- such drug or combination of drugs— complete any hearing under subparagraph retary may consider only information and ‘‘(I) may issue an interim final administra- (E). data that are based on relevant and reliable tive order for such drug, class of drugs, or ‘‘(ii) DISPUTE RESOLUTION REQUEST.—The scientific principles and methodologies. combination of drugs under paragraph (1), Secretary shall specify in an interim final ‘‘(ii) SINGLE HEARING FOR MULTIPLE RE- together with a detailed statement of the order issued under subparagraph (A) or (B) LATED REQUESTS.—If more than one request reasons for such order; such shorter periods for requesting dispute for a hearing is submitted with respect to ‘‘(II) shall publish in the Federal Register resolution under subparagraph (D)(iii) as are the same administrative order under sub- a notice of availability of any such order; necessary to meet the requirements of this paragraph (A), the Secretary may direct that and subparagraph. a single hearing be conducted in which all ‘‘(III) shall provide for a public comment ‘‘(G) JUDICIAL REVIEW.—A final order issued persons whose hearing requests were granted period of at least 45 calendar days with re- pursuant to subparagraph (F) shall be sub- may participate. spect to such interim final order. ject to judicial review in accordance with ‘‘(iii) PRESIDING OFFICER.—The presiding ‘‘(ii) NONDELEGATION.—The Secretary may paragraph (3)(D). officer of a hearing requested under subpara- not delegate the authority to issue an in- ‘‘(5) ADMINISTRATIVE ORDER INITIATED AT graph (A) shall— terim final administrative order under this THE REQUEST OF A REQUESTOR.— ‘‘(I) be designated by the Secretary; subparagraph. ‘‘(A) IN GENERAL.—In issuing an adminis- ‘‘(II) not be an employee of the Center for ‘‘(B) SAFETY LABELING CHANGES.— trative order under paragraph (1) at the re- Drug Evaluation and Research; and ‘‘(i) IN GENERAL.—In the case of a deter- quest of a requestor with respect to certain ‘‘(III) not have been previously involved in mination by the Secretary that a change in drugs, classes of drugs, or combinations of the development of the administrative order the labeling of a drug, class of drugs, or com- drugs— involved or proceedings relating to that ad- bination of drugs subject to this section is ‘‘(i) the Secretary shall, after receiving a ministrative order. reasonably expected to mitigate a signifi- request under this subparagraph, determine ‘‘(iv) RIGHTS OF PARTIES TO HEARING.—The cant or unreasonable risk of a serious ad- whether the request is sufficiently complete parties to a hearing requested under sub- verse event associated with use of the drug, and formatted to permit a substantive re- paragraph (A) shall have the right to present the Secretary may— view; testimony, including testimony of expert ‘‘(I) make reasonable efforts to notify in- ‘‘(ii) if the Secretary determines that the witnesses, and to cross-examine witnesses formally, not later than 48 hours before the request is sufficiently complete and for- presented by other parties. Where appro- issuance of the interim final order, the spon- matted to permit a substantive review, the priate, the presiding officer may require that sors of drugs who have a listing in effect Secretary shall— cross-examination by parties representing under section 510(j) for such drug or com- ‘‘(I) file the request; and substantially the same interests be consoli- bination of drugs; ‘‘(II) initiate proceedings with respect to dated to promote efficiency and avoid dupli- ‘‘(II) after reasonable efforts of notifica- issuing an administrative order in accord- cation. tion, issue an interim final administrative ance with paragraphs (2) and (3); and ‘‘(v) FINAL DECISION.— order in accordance with paragraph (1) to re- ‘‘(iii) except as provided in paragraph (6), if ‘‘(I) At the conclusion of a hearing re- quire such change, together with a detailed the Secretary determines that a request does quested under subparagraph (A), the pre- statement of the reasons for such order; not meet the requirements for filing or is not

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.005 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6924 CONGRESSIONAL RECORD — SENATE December 10, 2019 sufficiently complete and formatted to per- ‘‘(I) specified in subsection (a)(1), (a)(2), or pursuant to a new drug application as de- mit a substantive review, the requestor may (a)(3); scribed in subparagraph (D). demand that the request be filed over pro- ‘‘(II) subject to a final order issued under ‘‘(B) DRUG DESCRIBED.—A drug described in test, and the Secretary shall initiate pro- this section; this subparagraph is a nonprescription drug ceedings to review the request in accordance ‘‘(III) subject to a final sunscreen order (as which contains an active ingredient not pre- with paragraph (2)(A). defined in section 586(2)(A)); or viously incorporated in a drug— ‘‘(B) REQUEST TO INITIATE PROCEEDINGS.— ‘‘(IV) described in subsection (m)(1), other ‘‘(i) specified in subsection (a)(1), (a)(2), or ‘‘(i) IN GENERAL.—A requestor seeking an than drugs subject to an active enforcement (a)(3); administrative order under paragraph (1) action under chapter III of this Act. ‘‘(ii) subject to a final order under this sec- with respect to certain drugs, classes of ‘‘(iv) LIMITATIONS ON EXCLUSIVITY.— tion; or drugs, or combinations of drugs, shall submit ‘‘(I) IN GENERAL.—Only one 18-month pe- ‘‘(iii) subject to a final sunscreen order (as to the Secretary a request to initiate pro- riod under this subparagraph shall be grant- defined in section 586(2)(A)). ceedings for such order in the form and man- ed, under each order described in clause (i), ‘‘(C) INFORMATION DEMONSTRATING PRIMA ner as specified by the Secretary. Such re- with respect to changes (to the drug subject FACIE SAFE NONPRESCRIPTION MARKETING AND questor may submit a request under this to such order) which are either— USE.—Information specified in this subpara- subparagraph for the issuance of an adminis- ‘‘(aa) changes described in clause (ii)(I), re- graph, with respect to a request described in trative order— lating to active ingredients; or subparagraph (A)(i), is— ‘‘(I) determining whether a drug is gen- ‘‘(bb) changes described in clause (ii)(II), ‘‘(i) information sufficient for a prima relating to conditions of use. erally recognized as safe and effective under facie demonstration that the drug subject to ‘‘(II) NO EXCLUSIVITY ALLOWED.—No exclu- section 201(p)(1), exempt from section such request has a verifiable history of being sivity shall apply to changes to a drug which 503(b)(1), and not required to be the subject marketed and safely used by consumers in are— of an approved application under section 505; the United States as a nonprescription drug ‘‘(aa) the subject of a Tier 2 OTC mono- or under comparable conditions of use; graph order request (as defined in section ‘‘(II) determining whether a change to a ‘‘(ii) if the drug has not been previously 744L); marketed in the United States as a non- condition of use of a drug is generally recog- ‘‘(bb) safety-related changes, as defined by nized as safe and effective under section the Secretary, or any other changes the Sec- prescription drug, information sufficient for 201(p)(1), exempt from section 503(b)(1), and retary considers necessary to assure safe use; a prima facie demonstration that the drug not required to be the subject of an approved or was marketed and safely used under com- application under section 505, if, absent such ‘‘(cc) changes related to methods of testing parable conditions of marketing and use in a a changed condition of use, such drug is— safety or efficacy. country listed in section 802(b)(1)(A) or des- ‘‘(aa) generally recognized as safe and ef- ‘‘(v) NEW HUMAN DATA STUDIES DEFINED.—In ignated by the Secretary in accordance with fective under section 201(p)(1) in accordance this subparagraph, the term ‘new human section 802(b)(1)(B)— with subsection (a)(1), (a)(2), or an order data studies’ means clinical trials of safety ‘‘(I) for such period as needed to provide under this subsection; or or effectiveness (including actual use stud- reasonable assurances concerning the safe ‘‘(bb) subject to subsection (a)(3), but only ies), pharmacokinetics studies, or bio- nonprescription use of the drug; and if such requestor initiates such request in availability studies, the results of which— ‘‘(II) during such time was subject to suffi- conjunction with a request for the Secretary ‘‘(I) have not been relied on by the Sec- cient monitoring by a regulatory body con- to determine whether such drug is generally retary to support— sidered acceptable by the Secretary for such recognized as safe and effective under sec- ‘‘(aa) a proposed or final determination monitoring purposes, including for adverse tion 201(p)(1), which is filed by the Secretary that a drug described in subclause (I), (II), or events associated with nonprescription use under subparagraph (A)(ii). (III) of clause (iii) is generally recognized as of the drug; or ‘‘(ii) EXCEPTION.—The Secretary is not re- safe and effective under section 201(p)(1); or ‘‘(iii) if the Secretary determines that in- quired to complete review of a request for a ‘‘(bb) approval of a drug that was approved formation described in clause (i) or (ii) is not change described in clause (i)(II) if the Sec- under section 505; and needed to provide a prima facie demonstra- retary determines that there is an inad- ‘‘(II) do not duplicate the results of an- tion that the drug can be safely marketed equate basis to find the drug is generally rec- other study that was relied on by the Sec- and used as a nonprescription drug, such ognized as safe and effective under section retary to support— other information the Secretary determines 201(p)(1) under paragraph (1) and issues a ‘‘(aa) a proposed or final determination is sufficient for such purposes. final order announcing that determination. that a drug described in subclause (I), (II), or ‘‘(D) MARKETING PURSUANT TO NEW DRUG ‘‘(iii) WITHDRAWAL.—The requestor may (III) of clause (iii) is generally recognized as APPLICATION.—In the case of a request de- withdraw a request under this paragraph, ac- safe and effective under section 201(p)(1); or scribed in subparagraph (A)(ii), the drug sub- cording to the procedures set forth pursuant ‘‘(bb) approval of a drug that was approved ject to such request may be resubmitted for to subsection (d)(2)(B). Notwithstanding any under section 505. filing only if— other provision of this section, if such re- ‘‘(vi) NOTIFICATION OF DRUG NOT AVAILABLE ‘‘(i) the drug is marketed as a nonprescrip- quest is withdrawn, the Secretary may cease FOR SALE.—A requestor that is granted ex- tion drug, under conditions of use com- proceedings under this subparagraph. clusivity with respect to a drug under this parable to the conditions specified in the re- ‘‘(C) EXCLUSIVITY.— subparagraph shall notify the Secretary in quest, for such period as the Secretary deter- ‘‘(i) IN GENERAL.—A final administrative writing within 1 year of the issuance of the mines appropriate (not to exceed 5 consecu- order issued in response to a request under final administrative order if the drug that is tive years) pursuant to an application ap- this section shall have the effect of author- the subject of such order will not be avail- proved under section 505; and izing solely the order requestor (or the li- able for sale within 1 year of the date of ‘‘(ii) during such period, 1,000,000 retail censees, assignees, or successors in interest issuance of such order. The requestor shall packages of the drug, or an equivalent quan- of such requestor with respect to the subject include with such notice the— tity as determined by the Secretary, were of such order), for a period of 18 months fol- ‘‘(I) identity of the drug by established distributed for retail sale, as determined in lowing the effective date of such final order name and by proprietary name, if any; such manner as the Secretary finds appro- and beginning on the date the requestor may ‘‘(II) strength of the drug; priate. lawfully market such drugs pursuant to the ‘‘(III) date on which the drug will be avail- ‘‘(E) RULE OF APPLICATION.—Except in the order, to market drugs— able for sale, if known; and case of a request involving a drug described ‘‘(I) incorporating changes described in ‘‘(IV) reason for not marketing the drug in section 586(9), as in effect on January 1, clause (ii); and after issuance of the order. 2017, if the Secretary refuses to file a request ‘‘(II) subject to the limitations under ‘‘(6) INFORMATION REGARDING SAFE NON- under this paragraph, the requestor may not clause (iv). PRESCRIPTION MARKETING AND USE AS CONDI- file such request over protest under para- ‘‘(ii) CHANGES DESCRIBED.—A change de- TION FOR FILING A GENERALLY RECOGNIZED AS graph (5)(A)(iii). scribed in this clause is a change subject to SAFE AND EFFECTIVE REQUEST.— ‘‘(7) PACKAGING.—An administrative order an order specified in clause (i), which— ‘‘(A) IN GENERAL.—In response to a request issued under paragraph (2), (4)(A), or (5) may ‘‘(I) provides for a drug to contain an ac- under this section that a drug described in include requirements for the packaging of a tive ingredient (including any ester or salt of subparagraph (B) be generally recognized as drug to encourage use in accordance with la- the active ingredient) not previously incor- safe and effective, the Secretary— beling. Such requirements may include unit porated in a drug described in clause (iii); or ‘‘(i) may file such request, if the request dose packaging, requirements for products ‘‘(II) provides for a change in the condi- includes information specified under sub- intended for use by pediatric populations, re- tions of use of a drug, for which new human paragraph (C) with respect to safe non- quirements to reduce risk of harm from un- data studies conducted or sponsored by the prescription marketing and use of such drug; supervised ingestion, and other appropriate requestor (or for which the requestor has an or requirements. This paragraph does not au- exclusive right of reference) were essential ‘‘(ii) if the request fails to include informa- thorize the Food and Drug Administration to to the issuance of such order. tion specified under subparagraph (C), shall require standards or testing procedures as ‘‘(iii) DRUGS DESCRIBED.—The drugs de- refuse to file such request and require that described in part 1700 of title 16, Code of Fed- scribed in this clause are drugs— nonprescription marketing of the drug be eral Regulations.

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‘‘(8) FINAL AND TENTATIVE FINAL MONO- the drug as modified is a new drug under sec- for a drug under sections 505(b)(1), 505(b)(2), GRAPHS FOR CATEGORY I DRUGS DEEMED FINAL tion 201(p) and shall be deemed to be mis- and 505(j). A determination under this sec- ADMINISTRATIVE ORDERS.— branded under section 502(ee). tion that a drug is not subject to section ‘‘(A) IN GENERAL.—A final monograph or ‘‘(3) DETERMINING WHETHER A CHANGE WILL 503(b)(1), is generally recognized as safe and tentative final monograph described in sub- AFFECT SAFETY OR EFFECTIVENESS.— effective under section 201(p)(1), and is not a paragraph (B) shall be deemed to be a final ‘‘(A) IN GENERAL.—The Secretary shall new drug under section 201(p) shall con- administrative order under this subsection issue one or more administrative orders stitute a finding that the drug is safe and ef- and may be amended, revoked, or otherwise specifying requirements for determining fective that may be relied upon for purposes modified in accordance with the procedures whether a minor change made by a sponsor of an application under section 505(b)(2), so of this subsection. pursuant to this subsection will affect the that the applicant shall be required to sub- ‘‘(B) MONOGRAPHS DESCRIBED.—For pur- safety or effectiveness of a drug or materi- mit for purposes of such application only in- poses of subparagraph (A), a final monograph ally affect the extent of absorption or other formation needed to support any modifica- or tentative final monograph is described in exposure to an active ingredient in the drug tion of the drug that is not covered by such this subparagraph if it— in comparison to a suitable reference prod- determination under this section. ‘‘(i) establishes conditions of use for a drug uct, together with guidance for applying ‘‘(g) PUBLIC AVAILABILITY OF ADMINISTRA- described in paragraph (1) or (2) of subsection those orders to specific dosage forms. TIVE ORDERS.—The Secretary shall establish, (a); and ‘‘(B) STANDARD PRACTICES.—The orders and maintain, update (as determined necessary ‘‘(ii) represents the most recently promul- guidance issued by the Secretary under sub- by the Secretary but no less frequently than gated version of such conditions, including paragraph (A) shall take into account rel- annually), and make publicly available, with as modified, in whole or in part, by any pro- evant public standards and standard prac- respect to orders issued under this section— posed or final rule. tices for evaluating the quality of drugs, and ‘‘(1) a repository of each final order and in- ‘‘(C) DEEMED ORDERS INCLUDE HARMONIZING may take into account the special needs of terim final order in effect, including the TECHNICAL AMENDMENTS.—The deemed estab- populations, including children. complete text of the order; and lishment of a final administrative order ‘‘(d) CONFIDENTIALITY OF INFORMATION SUB- ‘‘(2) a listing of all orders proposed and under subparagraph (A) shall be construed to MITTED TO THE SECRETARY.— under development under subsection (b)(2), include any technical amendments to such ‘‘(1) IN GENERAL.—Subject to paragraph (2), including— order as the Secretary determines necessary any information, including reports of testing ‘‘(A) a brief description of each such order; to ensure that such order is appropriately conducted on the drug or drugs involved, and harmonized, in terms of terminology or that is submitted by a requestor in connec- ‘‘(B) the Secretary’s expectations, if re- cross-references, with the applicable provi- tion with proceedings on an order under this sources permit, for issuance of proposed or- sions of this Act (and regulations there- section (including any minor change under ders over a 3-year period. under) and any other orders issued under this subsection (c)) and is a trade secret or con- ‘‘(h) DEVELOPMENT ADVICE TO SPONSORS OR REQUESTORS.—The Secretary shall establish section. fidential information subject to section 552(b)(4) of title 5, United States Code, or sec- procedures under which sponsors or reques- ‘‘(c) PROCEDURE FOR MINOR CHANGES.— tion 1905 of title 18, United States Code, shall tors may meet with appropriate officials of ‘‘(1) IN GENERAL.—Minor changes in the not be disclosed to the public unless the re- the Food and Drug Administration to obtain dosage form of a drug that is described in advice on the studies and other information paragraph (1) or (2) of subsection (a) or the questor consents to that disclosure. ‘‘(2) PUBLIC AVAILABILITY.— necessary to support submissions under this subject of an order issued under subsection section and other matters relevant to the (b) may be made by a requestor without the ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the Secretary shall— regulation of nonprescription drugs and the issuance of an order under subsection (b) if— development of new nonprescription drugs ‘‘(A) the requestor maintains such infor- ‘‘(i) make any information submitted by a requestor in support of a request under sub- under this section. mation as is necessary to demonstrate that ‘‘(i) PARTICIPATION OF MULTIPLE SPONSORS the change— section (b)(5)(A) available to the public not later than the date on which the proposed OR REQUESTORS.—The Secretary shall estab- ‘‘(i) will not affect the safety or effective- lish procedures to facilitate efficient partici- ness of the drug; and order is issued; and ‘‘(ii) make any information submitted by pation by multiple sponsors or requestors in ‘‘(ii) will not materially affect the extent proceedings under this section, including of absorption or other exposure to the active any other person with respect to an order re- quested (or initiated by the Secretary) under provision for joint meetings with multiple ingredient in comparison to a suitable ref- sponsors or requestors or with organizations erence product; and subsection (b), available to the public upon such submission. nominated by sponsors or requestors to rep- ‘‘(B) the change is in conformity with the resent their interests in a proceeding. ‘‘(B) LIMITATIONS ON PUBLIC AVAIL- requirements of an applicable administrative ‘‘(j) ELECTRONIC FORMAT.—All submissions ABILITY.—Information described in subpara- order issued by the Secretary under para- under this section shall be in electronic for- graph (A) shall not be made public if— graph (3). mat. ‘‘(i) the information pertains to pharma- ‘‘(2) ADDITIONAL INFORMATION.— ‘‘(k) EFFECT ON EXISTING REGULATIONS ceutical quality information, unless such in- ‘‘(A) ACCESS TO RECORDS.—A sponsor shall GOVERNING NONPRESCRIPTION DRUGS.— formation is necessary to establish standards submit records requested by the Secretary ‘‘(1) REGULATIONS OF GENERAL APPLICA- under which a drug is generally recognized relating to such a minor change under sec- BILITY TO NONPRESCRIPTION DRUGS.—Except tion 704(a)(4), within 15 business days of re- as safe and effective under section 201(p)(1); as provided in this subsection, nothing in ceiving such a request, or such longer period ‘‘(ii) the information is submitted in a re- this section supersedes regulations estab- as the Secretary may provide. questor-initiated request, but the requestor lishing general requirements for non- withdraws such request, in accordance with ‘‘(B) INSUFFICIENT INFORMATION.—If the prescription drugs, including regulations of Secretary determines that the information withdrawal procedures established by the general applicability contained in parts 201, contained in such records is not sufficient to Secretary, before the Secretary issues the 250, and 330 of title 21, Code of Federal Regu- demonstrate that the change does not affect proposed order; lations, or any successor regulations. The the safety or effectiveness of the drug or ma- ‘‘(iii) the Secretary requests and obtains Secretary shall establish or modify such reg- terially affect the extent of absorption or the information under subsection (c) and ulations by means of rulemaking in accord- other exposure to the active ingredient, the such information is not submitted in rela- ance with section 553 of title 5, United States Secretary— tion to an order under subsection (b); or Code. ‘‘(iv) the information is of the type con- ‘‘(i) may so inform the sponsor of the drug ‘‘(2) REGULATIONS ESTABLISHING REQUIRE- tained in raw datasets. in writing; and MENTS FOR SPECIFIC NONPRESCRIPTION ‘‘(e) UPDATES TO DRUG LISTING INFORMA- ‘‘(ii) if the Secretary so informs the spon- DRUGS.— TION.—A sponsor who makes a change to a sor, shall provide the sponsor of the drug ‘‘(A) The provisions of section 310.545 of drug subject to this section shall submit up- with a reasonable opportunity to provide ad- dated drug listing information for the drug title 21, Code of Federal Regulations, as in ditional information. in accordance with section 510(j) within 30 effect on the day before the date of the en- ‘‘(C) FAILURE TO SUBMIT SUFFICIENT INFOR- calendar days of the date when the drug is actment of this section, shall be deemed to MATION.—If the sponsor fails to provide such first commercially marketed, except that a be a final order under subsection (b). additional information within a time pre- sponsor who was the order requestor with re- ‘‘(B) Regulations in effect on the day be- scribed by the Secretary, or if the Secretary spect to an order subject to subsection fore the date of the enactment of this sec- determines that such additional information (b)(5)(C) (or a licensee, assignee, or successor tion, establishing requirements for specific does not demonstrate that the change does in interest of such requestor) shall submit nonprescription drugs marketed pursuant to not— updated drug listing information on or be- this section (including such requirements in ‘‘(i) affect the safety or effectiveness of the fore the date when the drug is first commer- parts 201 and 250 of title 21, Code of Federal drug; or cially marketed. Regulations), shall be deemed to be final or- ‘‘(ii) materially affect the extent of absorp- ‘‘(f) APPROVALS UNDER SECTION 505.—The ders under subsection (b), only as they apply tion or other exposure to the active ingre- provisions of this section shall not be con- to drugs— dient in comparison to a suitable reference strued to preclude a person from seeking or ‘‘(i) subject to paragraph (1), (2), (3), or (4) product, maintaining the approval of an application of subsection (a); or

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.005 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6926 CONGRESSIONAL RECORD — SENATE December 10, 2019 ‘‘(ii) otherwise subject to an order under under this section instead of the require- (C) whether, and to what extent, the sun- this section. ments of subchapter II of chapter 5 of title 5, screen ingredient granted exclusivity had ‘‘(3) WITHDRAWAL OF REGULATIONS.—The United States Code. previously been available outside of the Secretary shall withdraw regulations estab- ‘‘(q) DEFINITIONS.—In this section: United States; lishing final monographs and the procedures ‘‘(1) The term ‘nonprescription drug’ refers (D) an analysis of the implementation of governing the over-the-counter drug review to a drug not subject to the requirements of the exclusivity provision in such section under part 330 and other relevant parts of section 503(b)(1). 586C, including— title 21, Code of Federal Regulations (as in ‘‘(2) The term ‘sponsor’ refers to any per- (i) the resources used by the Food and Drug effect on the day before the date of the en- son marketing, manufacturing, or processing Administration; actment of this section), or make technical a drug that— (ii) the impact of such provision on innova- changes to such regulations to ensure con- ‘‘(A) is listed pursuant to section 510(j); tion, as well as research and development in formity with appropriate terminology and and the sunscreen market; cross references. Notwithstanding sub- ‘‘(B) is or will be subject to an administra- (iii) the impact of such provision on com- chapter II of chapter 5 of title 5, United tive order under this section of the Food and petition in the sunscreen market; States Code, any such withdrawal or tech- Drug Administration. (iv) the impact of such provision on con- nical changes shall be made without public ‘‘(3) The term ‘requestor’ refers to any per- sumer access to sunscreen products; notice and comment and shall be effective son or group of persons marketing, manufac- (v) the impact of such provision on the upon publication through notice in the Fed- turing, processing, or developing a drug.’’. prices of sunscreen products; and eral Register (or upon such date as specified (b) GAO STUDY.—Not later than 4 years (vi) whether the administrative orders ini- after the date of enactment of this Act, the in such notice). tiated by requestors under such section 505G Comptroller General of the United States ‘‘(l) GUIDANCE.—The Secretary shall issue have been utilized by sunscreen ingredient shall submit a study to the Committee on guidance that specifies— sponsors and whether such process has been Energy and Commerce of the House of Rep- ‘‘(1) the procedures and principles for for- sufficient to encourage the development of mal meetings between the Secretary and resentatives and the Committee on Health, Education, Labor, and Pensions of the Sen- sunscreen ingredients that would likely not sponsors or requestors for drugs subject to ate addressing the effectiveness and overall be otherwise developed, or developed in as this section; impact of exclusivity under section 505G of timely a manner; and ‘‘(2) the format and content of data sub- the Federal Food, Drug, and Cosmetic Act, (E) whether the administrative orders ini- missions to the Secretary under this section; as added by subsection (a), and section 586C tiated by requestors under such section 586C ‘‘(3) the format of electronic submissions of such Act (21 U.S.C. 360fff–3), including the have been sufficient incentive to encourage to the Secretary under this section; impact of such exclusivity on consumer ac- innovation in the sunscreen market. ‘‘(4) consolidated proceedings for appeal cess. Such study shall include— (c) CONFORMING AMENDMENT.—Section and the procedures for such proceedings (1) an analysis of the impact of exclusivity 751(d)(1) of the Federal Food, Drug, and Cos- where appropriate; and under such section 505G for nonprescription metic Act (21 U.S.C. 379r(d)(1)) is amended— ‘‘(5) for minor changes in drugs, rec- drug products, including— (1) in the matter preceding subparagraph ommendations on how to comply with the (A) the number of nonprescription drug (A)— requirements in orders issued under sub- products that were granted exclusivity and (A) by striking ‘‘final regulation promul- section (c)(3). the indication for which the nonprescription gated’’ and inserting ‘‘final order under sec- ‘‘(m) RULE OF CONSTRUCTION.— drug products were determined to be gen- tion 505G’’; and ‘‘(1) IN GENERAL.—This section shall not af- erally recognized as safe and effective; (B) by striking ‘‘and not misbranded’’; and fect the treatment or status of a non- (B) whether the exclusivity for such drug (2) in subparagraph (A), by striking ‘‘regu- prescription drug— products was granted for— lation in effect’’ and inserting ‘‘regulation or ‘‘(A) that is marketed without an applica- (i) a new active ingredient (including any order in effect’’. tion approved under section 505 as of the ester or salt of the active ingredient); or SEC. 102. MISBRANDING. date of the enactment of this section; (ii) changes in the conditions of use of a Section 502 of the Federal Food, Drug, and ‘‘(B) that is not subject to an order issued drug, for which new human data studies con- Cosmetic Act (21 U.S.C. 352) is amended by under this section; and ducted or sponsored by the requestor were adding at the end the following: ‘‘(C) to which paragraph (1), (2), (3), (4), or essential; ‘‘(ee) If it is a nonprescription drug that is (5) of subsection (a) do not apply. (C) whether, and to what extent, the exclu- subject to section 505G, is not the subject of ‘‘(2) TREATMENT OF PRODUCTS PREVIOUSLY sivity impacted the requestor’s or sponsor’s an application approved under section 505, FOUND TO BE SUBJECT TO TIME AND EXTENT RE- decision to develop the drug product; and does not comply with the requirements QUIREMENTS.— (D) an analysis of the implementation of under section 505G. ‘‘(A) Notwithstanding subsection (a), a the exclusivity provision in such section ‘‘(ff) If it is a drug and it was manufac- drug described in subparagraph (B) may only 505G, including— tured, prepared, propagated, compounded, or be lawfully marketed, without an applica- (i) the resources used by the Food and Drug processed in a facility for which fees have tion approved under section 505, pursuant to Administration; not been paid as required by section 744M.’’. an order issued under this section. (ii) the impact of such provision on innova- SEC. 103. DRUGS EXCLUDED FROM THE OVER- ‘‘(B) A drug described in this subparagraph tion, as well as research and development in THE-COUNTER DRUG REVIEW. is a drug which, prior to the date of the en- the nonprescription drug market; (a) IN GENERAL.—Nothing in this Act (or actment of this section, the Secretary deter- (iii) the impact of such provision on com- the amendments made by this Act) shall mined in a proposed or final rule to be ineli- petition in the nonprescription drug market; apply to any nonprescription drug (as de- gible for review under the OTC drug review (iv) the impact of such provision on con- fined in section 505G(q) of the Federal Food, (as such phrase ‘OTC drug review’ was used sumer access to nonprescription drug prod- Drug, and Cosmetic Act, as added by section in section 330.14 of title 21, Code of Federal ucts; 101 of this Act) which was excluded by the Regulations, as in effect on the day before (v) the impact of such provision on the Food and Drug Administration from the the date of the enactment of this section). prices of nonprescription drug products; and Over-the-Counter Drug Review in accordance ‘‘(3) PRESERVATION OF AUTHORITY.— (vi) whether the administrative orders ini- with the paragraph numbered 25 on page 9466 ‘‘(A) Nothing in paragraph (1) shall be con- tiated by requestors under such section 505G of volume 37 of the Federal Register, pub- strued to preclude or limit the applicability have been sufficient to encourage the devel- lished on May 11, 1972. of any provision of this Act other than this opment of nonprescription drug products (b) RULE OF CONSTRUCTION.—Nothing in section. that would likely not be otherwise devel- this section shall be construed to preclude or ‘‘(B) Nothing in subsection (a) shall be con- oped, or developed in as timely a manner; limit the applicability of any other provision strued to prohibit the Secretary from issuing and of the Federal Food, Drug, and Cosmetic Act an order under this section finding a drug to (E) whether the administrative orders ini- (21 U.S.C. 301 et seq.). be not generally recognized as safe and effec- tiated by requestors under such section 505G tive under section 201(p)(1), as the Secretary SEC. 104. TREATMENT OF SUNSCREEN INNOVA- have been sufficient incentive to encourage TION ACT. determines appropriate. innovation in the nonprescription drug mar- (a) REVIEW OF NONPRESCRIPTION SUNSCREEN ‘‘(n) INVESTIGATIONAL NEW DRUGS.—A drug is not subject to this section if an exemption ket; and ACTIVE INGREDIENTS.— for investigational use under section 505(i) is (2) an analysis of the impact of exclusivity (1) APPLICABILITY OF SECTION 505G FOR PEND- in effect for such drug. under such section 586C for sunscreen ingre- ING SUBMISSIONS.— ‘‘(o) INAPPLICABILITY OF PAPERWORK RE- dients, including— (A) IN GENERAL.—A sponsor of a non- DUCTION ACT.—Chapter 35 of title 44, United (A) the number of sunscreen ingredients prescription sunscreen active ingredient or States Code, shall not apply to collections of that were granted exclusivity and the spe- combination of nonprescription sunscreen information made under this section. cific ingredient that was determined to be active ingredients that, as of the date of en- ‘‘(p) INAPPLICABILITY OF NOTICE AND COM- generally recognized as safe and effective; actment of this Act, is subject to a proposed MENT RULEMAKING AND OTHER REQUIRE- (B) whether, and to what extent, the exclu- sunscreen order under section 586C of the MENTS.—The requirements of subsection (b) sivity impacted the requestor’s or sponsor’s Federal Food, Drug, and Cosmetic Act (21 shall apply with respect to orders issued decision to develop the sunscreen ingredient; U.S.C. 360fff–3) may elect, by means of giving

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.005 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6927 written notification to the Secretary of subject to 552(b)(4) of title 5, United States (iii) issued by the Secretary at least 1 year Health and Human Services within 180 cal- Code, or section 1905 of title 18, United prior to the effective date of the revised endar days of the enactment of this Act, to States Code.’’. order. transition into the review of such ingredient (3) EXCLUSIVITY.—Section 586C of the Fed- (2) REPORTS.—If a revised sunscreen order or combination of ingredients pursuant to eral Food, Drug, and Cosmetic Act (21 U.S.C. issued under paragraph (1) does not include the process set out in section 505G of the 360fff–3) is amended by adding at the end the provisions related to the effectiveness of var- Federal Food, Drug, and Cosmetic Act, as following: ious sun protection factor levels, and does added by section 101 of this Act. ‘‘(f) EXCLUSIVITY.— not address all dosage forms known to the (B) ELECTION EXERCISED.—Upon receipt by ‘‘(1) IN GENERAL.—A final sunscreen order Secretary to be used in sunscreens marketed the Secretary of Health and Human Services shall have the effect of authorizing solely in the United States without a new drug ap- of a timely notification under subparagraph the order requestor (or the licensees, assign- plication approved under section 505 of the (A)— ees, or successors in interest of such re- Federal Food, Drug, and Cosmetic Act (21 (i) the proposed sunscreen order involved is questor with respect to the subject of such U.S.C. 355), the Secretary shall submit a re- deemed to be a request for an order under request and listed under paragraph (5)) for a port to the Committee on Energy and Com- subsection (b) of section 505G of the Federal period of 18 months, to market a sunscreen merce of the House of Representatives and Food, Drug, and Cosmetic Act, as added by ingredient under this section incorporating the Committee on Health, Education, Labor, section 101 of this Act; and changes described in paragraph (2) subject to and Pensions of the Senate on the rationale (ii) such order is deemed to have been ac- the limitations under paragraph (4), begin- for omission of such provisions from such cepted for filing under subsection (b)(6)(A)(i) ning on the date the requestor (or any licens- order, and a plan and timeline to compile of such section 505G. ees, assignees, or successors in interest of any information necessary to address such (C) ELECTION NOT EXERCISED.—If a notifica- such requestor with respect to the subject of provisions through such order. tion under subparagraph (A) is not received such request and listed under paragraph (5)) (d) TREATMENT OF NON-SUNSCREEN TIME by the Secretary of Health and Human Serv- may lawfully market such sunscreen ingre- AND EXTENT APPLICATIONS.— ices within 180 calendar days of the date of dient pursuant to the order. (1) IN GENERAL.—Any application described enactment of this Act, the review of the pro- ‘‘(2) CHANGES DESCRIBED.—A change de- in section 586F of the Federal Food, Drug, posed sunscreen order described in subpara- and Cosmetic Act (21 U.S.C. 360fff–6) that was graph (A)— scribed in this paragraph is a change subject to an order specified in paragraph (1) that submitted to the Secretary pursuant to sec- (i) shall continue under section 586C of the tion 330.14 of title 21, Code of Federal Regula- Federal Food, Drug, and Cosmetic Act (21 permits a sunscreen to contain an active sunscreen ingredient not previously incor- tions, as such provisions were in effect im- U.S.C. 360fff–3); and mediately prior to the date of enactment (ii) shall not be eligible for review under porated in a marketed sunscreen listed in paragraph (3). date of this Act, shall be extinguished as of section 505G, added by section 101 of this such date of enactment, subject to paragraph Act. ‘‘(3) MARKETED SUNSCREEN.—The marketed sunscreen ingredients described in this para- (2). (2) DEFINITIONS.—In this subsection, the (2) ORDER REQUEST.—Nothing in paragraph terms ‘‘sponsor’’, ‘‘nonprescription’’, ‘‘sun- graph are sunscreen ingredients— ‘‘(A) marketed in accordance with a final (1) precludes the submission of an order re- screen active ingredient’’, and ‘‘proposed quest under section 505G(b) of the Federal sunscreen order’’ have the meanings given to monograph for sunscreen drug products set forth at part 352 of title 21, Code of Federal Food, Drug, and Cosmetic Act, as added by those terms in section 586 of the Federal section 101 of this Act, with respect to a drug Food, Drug, and Cosmetic Act (21 U.S.C. Regulations (as published at 64 Fed. Reg. 27687); or that was the subject of an application extin- 360fff). guished under paragraph (1). (b) AMENDMENTS TO SUNSCREEN PROVI- ‘‘(B) marketed in accordance with a final SEC. 105. ANNUAL UPDATE TO CONGRESS ON AP- SIONS.— order issued under this section. PROPRIATE PEDIATRIC INDICATION ‘‘(4) LIMITATIONS ON EXCLUSIVITY.—Only (1) FINAL SUNSCREEN ORDERS.—Paragraph FOR CERTAIN OTC COUGH AND (3) of section 586C(e) of the Federal Food, one 18-month period may be granted per in- COLD DRUGS. Drug, and Cosmetic Act (21 U.S.C. 360fff–3(e)) gredient under paragraph (1). (a) IN GENERAL.—Subject to subsection (c), is amended to read as follows: ‘‘(5) LISTING OF LICENSEES, ASSIGNEES, OR the Secretary of Health and Human Services ‘‘(3) RELATIONSHIP TO ORDERS UNDER SEC- SUCCESSORS IN INTEREST.—Requestors shall shall, beginning not later than 1 year after TION 505G.—A final sunscreen order shall be submit to the Secretary at the time when a the date of enactment of this Act, annually deemed to be a final order under section drug subject to such request is introduced or submit to the Committee on Energy and 505G.’’. delivered for introduction into interstate Commerce of the House of Representatives (2) MEETINGS.—Paragraph (7) of section commerce, a list of licensees, assignees, or and the Committee on Health, Education, 586C(b) of the Federal Food, Drug, and Cos- successors in interest under paragraph (1).’’. Labor, and Pensions of the Senate a letter metic Act (21 U.S.C. 360fff–3(b)) is amended— (4) SUNSET PROVISION.—Subchapter I of describing the progress of the Food and Drug (A) by striking ‘‘A sponsor may request’’ chapter V of the Federal Food, Drug, and Administration— and inserting the following: Cosmetic Act (21 U.S.C. 360fff et seq.) is (1) in evaluating the cough and cold mono- ‘‘(A) IN GENERAL.—A sponsor may request’’; amended by adding at the end the following: graph described in subsection (b) with re- and ‘‘SEC. 586H. SUNSET. spect to children under age 6; and (B) by adding at the end the following: (2) as appropriate, revising such cough and ‘‘This subchapter shall cease to be effec- ‘‘(B) CONFIDENTIAL MEETINGS.—A sponsor cold monograph to address such children tive at the end of fiscal year 2022.’’. may request one or more confidential meet- through the order process under section (5) TREATMENT OF FINAL SUNSCREEN ings with respect to a proposed sunscreen 505G(b) of the Federal Food, Drug, and Cos- ORDER.—The Federal Food, Drug, and Cos- order, including a letter deemed to be a pro- metic Act, as added by section 101 of this metic Act is amended by striking section posed sunscreen order under paragraph (3), to Act. discuss matters relating to data require- 586E of such Act (21 U.S.C. 360fff–5). (b) COUGH AND COLD MONOGRAPH DE- ments to support a general recognition of (c) TREATMENT OF AUTHORITY REGARDING SCRIBED.—The cough and cold monograph de- safety and effectiveness involving confiden- FINALIZATION OF SUNSCREEN MONOGRAPH.— scribed in this subsection consists of the con- tial information and public information re- (1) IN GENERAL.— ditions under which nonprescription drugs lated to such proposed sunscreen order, as (A) REVISION OF FINAL SUNSCREEN ORDER.— containing antitussive, expectorant, nasal appropriate. The Secretary shall convene a The Secretary of Health and Human Services decongestant, or antihistamine active ingre- confidential meeting with such sponsor in a (referred to in this subsection as the ‘‘Sec- dients (or combinations thereof) are gen- reasonable time period. If a sponsor requests retary’’) shall amend and revise the final ad- erally recognized as safe and effective, as more than one confidential meeting for the ministrative order concerning nonprescrip- specified in part 341 of title 21, Code of Fed- same proposed sunscreen order, the Sec- tion sunscreen (referred to in this subsection eral Regulations (as in effect immediately retary may refuse to grant an additional as the ‘‘sunscreen order’’) for which the con- prior to the date of enactment of this Act), confidential meeting request if the Secretary tent, prior to the date of enactment of this and included in an order deemed to be estab- determines that such additional confidential Act, was represented by the final monograph lished under section 505G(b) of the Federal meeting is not reasonably necessary for the for sunscreen drug products set forth in part Food, Drug, and Cosmetic Act, as added by sponsor to advance its proposed sunscreen 352 of title 21, Code of Federal Regulations section 101 of this Act. order, or if the request for a confidential (as in effect on May 21, 1999). (c) DURATION OF AUTHORITY.—The require- meeting fails to include sufficient informa- (B) ISSUANCE OF REVISED SUNSCREEN ORDER; ment under subsection (a) shall terminate as tion upon which to base a substantive discus- EFFECTIVE DATE.—A revised sunscreen order of the date of a letter submitted by the Sec- sion. The Secretary shall publish a post- described in subparagraph (A) shall be— retary of Health and Human Services pursu- meeting summary of each confidential meet- (i) issued in accordance with the proce- ant to such subsection in which the Sec- ing under this subparagraph that does not dures described in section 505G(b)(2) of the retary indicates that the Food and Drug Ad- disclose confidential commercial informa- Federal Food, Drug, and Cosmetic Act; ministration has completed its evaluation tion or trade secrets. This subparagraph does (ii) issued in proposed form not later than and revised, in a final order, as applicable, not authorize the disclosure of confidential 18 months after the date of enactment of this the cough and cold monograph as described commercial information or trade secrets Act; and in subsection (a)(2).

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Tier 2 OTC monograph order request (includ- (b) FDA REAUTHORIZATION ACT OF 2017.— ‘‘(6) The term ‘OTC monograph drug activi- ing recharacterizing a request from Tier 1 to (1) IN GENERAL.—Section 905(b)(4) of the ties’ means activities of the Secretary asso- Tier 2) and publish such determination in a FDA Reauthorization Act of 2017 (Public ciated with OTC monograph drugs and in- proposed order issued pursuant to section Law 115–52) is amended by striking ‘‘Section spection of facilities associated with such 505G. 744H(e)(2)(B)’’ and inserting ‘‘Section products, including the following activities: ‘‘(10)(A) The term ‘OTC monograph drug fa- 744H(f)(2)(B)’’. ‘‘(A) The activities necessary for review cility’ means a foreign or domestic business (2) EFFECTIVE DATE.—The amendment and evaluation of OTC monographs and OTC or other entity that— made by paragraph (1) shall take effect as of monograph order requests, including— ‘‘(i) is— the enactment of the FDA Reauthorization ‘‘(i) orders proposing or finalizing applica- ‘‘(I) under one management, either direct Act of 2017 (Public Law 115–52). ble conditions of use for OTC monograph or indirect; and drugs; ‘‘(II) at one geographic location or address TITLE II—USER FEES ‘‘(ii) orders affecting status regarding gen- engaged in manufacturing or processing the SEC. 201. SHORT TITLE; FINDING. eral recognition of safety and effectiveness finished dosage form of an OTC monograph (a) SHORT TITLE.—This title may be cited of an OTC monograph ingredient or combina- drug; as the ‘‘Over-the-Counter Monograph User tion of ingredients under specified conditions ‘‘(ii) includes a finished dosage form manu- Fee Act of 2019’’. of use; facturer facility in a contractual relation- (b) FINDING.—The Congress finds that the ‘‘(iii) all OTC monograph drug develop- ship with the sponsor of one or more OTC fees authorized by the amendments made in ment and review activities, including intra- monograph drugs to manufacture or process this title will be dedicated to OTC mono- agency collaboration; such drugs; and graph drug activities, as set forth in the ‘‘(iv) regulation and policy development ‘‘(iii) does not include a business or other goals identified for purposes of part 10 of sub- activities related to OTC monograph drugs; entity whose only manufacturing or proc- chapter C of chapter VII of the Federal Food, ‘‘(v) development of product standards for essing activities are one or more of the fol- Drug, and Cosmetic Act, in the letters from products subject to review and evaluation; lowing: production of clinical research sup- the Secretary of Health and Human Services ‘‘(vi) meetings referred to in section plies, testing, or placement of outer pack- to the Chairman of the Committee on 505G(i); aging on packages containing multiple prod- Health, Education, Labor, and Pensions of ‘‘(vii) review of labeling prior to issuance ucts, for such purposes as creating the Senate and the Chairman of the Com- of orders related to OTC monograph drugs or multipacks, when each monograph drug mittee on Energy and Commerce of the conditions of use; and product contained within the overpackaging House of Representatives, as set forth in the ‘‘(viii) regulatory science activities related is already in a final packaged form prior to Congressional Record. to OTC monograph drugs. placement in the outer overpackaging. SEC. 202. FEES RELATING TO OVER-THE- ‘‘(B) Inspections related to OTC monograph ‘‘(B) For purposes of subparagraph COUNTER DRUGS. drugs. (A)(i)(II), separate buildings or locations Subchapter C of chapter VII of the Federal ‘‘(C) Monitoring of clinical and other re- within close proximity are considered to be Food, Drug, and Cosmetic Act (21 U.S.C. 379f search conducted in connection with OTC at one geographic location or address if the et seq.) is amended by inserting after part 9 monograph drugs. activities conducted in such buildings or lo- the following: ‘‘(D) Safety activities with respect to OTC cations are— monograph drugs, including— ‘‘(i) closely related to the same business ‘‘PART 10—FEES RELATING TO OVER-THE- ‘‘(i) collecting, developing, and reviewing enterprise; COUNTER DRUGS safety information on OTC monograph drugs, ‘‘(ii) under the supervision of the same ‘‘SEC. 744L. DEFINITIONS. including adverse event reports; local management; and ‘‘In this part: ‘‘(ii) developing and using improved ad- ‘‘(iii) under a single FDA establishment ‘‘(1) The term ‘affiliate’ means a business verse event data-collection systems, includ- identifier and capable of being inspected by entity that has a relationship with a second ing information technology systems; and the Food and Drug Administration during a business entity if, directly or indirectly— ‘‘(iii) developing and using improved ana- single inspection. ‘‘(A) one business entity controls, or has lytical tools to assess potential safety risks, ‘‘(C) If a business or other entity would the power to control, the other business enti- including access to external databases. meet criteria specified in subparagraph (A), ty; or ‘‘(E) Other activities necessary for imple- but for being under multiple management, ‘‘(B) a third party controls, or has power to mentation of section 505G. the business or other entity is deemed to control, both of the business entities. ‘‘(7) The term ‘OTC monograph order re- constitute multiple facilities, one per man- ‘‘(2) The term ‘contract manufacturing or- quest’ means a request for an order sub- agement entity, for purposes of this para- ganization facility’ means an OTC mono- mitted under section 505G(b)(5). graph. graph drug facility where neither the owner ‘‘(8) The term ‘Tier 1 OTC monograph order ‘‘(11) The term ‘OTC monograph drug meet- of such manufacturing facility nor any affil- request’ means any OTC monograph order re- ing’ means any meeting regarding the con- iate of such owner or facility sells the OTC quest not determined to be a Tier 2 OTC tent of a proposed OTC monograph order re- monograph drug produced at such facility di- monograph order request. quest. rectly to wholesalers, retailers, or consumers ‘‘(9)(A) The term ‘Tier 2 OTC monograph ‘‘(12) The term ‘person’ includes an affil- in the United States. order request’ means, subject to subpara- iate of a person. ‘‘(3) The term ‘costs of resources allocated graph (B), an OTC monograph order request ‘‘(13) The terms ‘requestor’ and ‘sponsor’ for OTC monograph drug activities’ means for— have the meanings given such terms in sec- the expenses in connection with OTC mono- ‘‘(i) the reordering of existing information tion 505G. graph drug activities for— in the drug facts label of an OTC monograph ‘‘SEC. 744M. AUTHORITY TO ASSESS AND USE OTC ‘‘(A) officers and employees of the Food drug; MONOGRAPH FEES. and Drug Administration, contractors of the ‘‘(ii) the addition of information to the ‘‘(a) TYPES OF FEES.—Beginning with fiscal Food and Drug Administration, advisory other information section of the drug facts year 2021, the Secretary shall assess and col- committees, and costs related to such offi- label of an OTC monograph drug, as limited lect fees in accordance with this section as cers, employees, and committees and costs by section 201.66(c)(7) of title 21, Code of Fed- follows: related to contracts with such contractors; eral Regulations (or any successor regula- ‘‘(1) FACILITY FEE.— ‘‘(B) management of information, and the tions); ‘‘(A) IN GENERAL.—Each person that owns a acquisition, maintenance, and repair of com- ‘‘(iii) modification to the directions for use facility identified as an OTC monograph drug puter resources; section of the drug facts label of an OTC facility on December 31 of the fiscal year or ‘‘(C) leasing, maintenance, renovation, and monograph drug, if such changes conform to at any time during the preceding 12-month repair of facilities and acquisition, mainte- changes made pursuant to section period shall be assessed an annual fee for nance, and repair of fixtures, furniture, sci- 505G(c)(3)(A); each such facility as determined under sub- entific equipment, and other necessary ma- ‘‘(iv) the standardization of the concentra- section (c). terials and supplies; and tion or dose of a specific finalized ingredient ‘‘(B) EXCEPTIONS.— ‘‘(D) collecting fees under section 744M and within a particular finalized monograph; ‘‘(i) FACILITIES THAT CEASE ACTIVITIES.—A accounting for resources allocated for OTC ‘‘(v) a change to ingredient nomenclature fee shall not be assessed under subparagraph monograph drug activities. to align with nomenclature of a standards- (A) if the identified OTC monograph drug fa- ‘‘(4) The term ‘FDA establishment identi- setting organization; or cility— fier’ is the unique number automatically ‘‘(vi) addition of an interchangeable term ‘‘(I) has ceased all activities related to generated by Food and Drug Administra- in accordance with section 330.1 of title 21, OTC monograph drugs prior to December 31

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of the year immediately preceding the appli- ‘‘(F) FEES FOR ORDER REQUESTS PREVIOUSLY flation adjustment to the annual base rev- cable fiscal year; and REFUSED FOR FILING OR WITHDRAWN BEFORE enue for fiscal year 2022 and each subsequent ‘‘(II) has updated its registration to reflect FILING.—An OTC monograph order request fiscal year shall be equal to the product of— such change under the requirements for drug that was submitted but was refused for fil- ‘‘(i) such annual base revenue for the fiscal establishment registration set forth in sec- ing, or was withdrawn before being accepted year under subsection (b)(2); and tion 510. or refused for filing, shall be subject to the ‘‘(ii) the inflation adjustment percentage ‘‘(ii) CONTRACT MANUFACTURING ORGANIZA- full fee under subparagraph (A) upon being under subparagraph (C). TIONS.—The amount of the fee for a contract resubmitted or filed over protest. ‘‘(B) OTC MONOGRAPH ORDER REQUEST manufacturing organization facility shall be ‘‘(G) REFUND OF FEE IF ORDER REQUEST FEES.—For purposes of subsection (a)(2), the equal to two-thirds of the amount of the fee WITHDRAWN.—If an order request is with- dollar amount of the inflation adjustment to for an OTC monograph drug facility that is drawn after the order request was filed, the the fee for OTC monograph order requests for not a contract manufacturing organization Secretary may refund the fee or a portion of fiscal year 2022 and each subsequent fiscal facility. the fee if no substantial work was performed year shall be equal to the product of— ‘‘(C) AMOUNT.—The amount of fees estab- on the order request after the application ‘‘(i) the applicable fee under subsection lished under subparagraph (A) shall be estab- was filed. The Secretary shall have the sole (a)(2) for the preceding fiscal year; and lished under subsection (c). discretion to refund a fee or a portion of the ‘‘(ii) the inflation adjustment percentage ‘‘(D) DUE DATE.— fee under this subparagraph. A determina- under subparagraph (C). ‘‘(i) FOR FIRST PROGRAM YEAR.—For fiscal tion by the Secretary concerning a refund ‘‘(C) INFLATION ADJUSTMENT PERCENTAGE.— year 2021, the facility fees required under under this subparagraph shall not be review- The inflation adjustment percentage under subparagraph (A) shall be due on the later able. this subparagraph for a fiscal year is equal of— ‘‘(3) REFUNDS.— to— ‘‘(I) the first business day of June of 2020; ‘‘(A) IN GENERAL.—Other than refunds pro- ‘‘(i) for each of fiscal years 2022 and 2023, or vided pursuant to any of subparagraphs (D) the average annual percent change that oc- ‘‘(II) 45 calendar days after publication of through (G) of paragraph (2), the Secretary curred in the Consumer Price Index for the Federal Register notice provided for shall not refund any fee paid under para- urban consumers (Washington-Baltimore, under subsection (c)(4)(A). graph (1) except as provided in subparagraph DC–MD–VA–WV; Not Seasonally Adjusted; ‘‘(ii) SUBSEQUENT FISCAL YEARS.—For each (B). All items; Annual Index) for the first 3 years fiscal year after fiscal year 2021, the facility ‘‘(B) DISPUTES CONCERNING FEES.—To qual- of the preceding 4 years of available data; fees required under subparagraph (A) shall be ify for the return of a fee claimed to have and due on the later of— been paid in error under paragraph (1) or (2), ‘‘(ii) for each of fiscal years 2024 and 2025, ‘‘(I) the first business day of June of such a person shall submit to the Secretary a the sum of— year; or written request justifying such return within ‘‘(I) the average annual percent change in ‘‘(II) the first business day after the enact- 180 calendar days after such fee was paid. the cost, per full-time equivalent position of ment of an appropriations Act providing for ‘‘(4) NOTICE.—Within the timeframe speci- the Food and Drug Administration, of all the collection and obligation of fees under fied in subsection (c), the Secretary shall personnel compensation and benefits paid this section for such year. publish in the Federal Register the amount with respect to such positions for the first 3 ‘‘(2) OTC MONOGRAPH ORDER REQUEST FEE.— of the fees under paragraph (1) for such fiscal years of the preceding 4 fiscal years, multi- ‘‘(A) IN GENERAL.—Each person that sub- year. plied by the proportion of personnel com- mits an OTC monograph order request shall ‘‘(b) FEE REVENUE AMOUNTS.— pensation and benefits costs to total costs of be subject to a fee for an OTC monograph ‘‘(1) FISCAL YEAR 2021.—For fiscal year 2021, OTC monograph drug activities for the first order request. The amount of such fee shall fees under subsection (a)(1) shall be estab- 3 years of the preceding 4 fiscal years; and be— lished to generate a total facility fee revenue ‘‘(II) the average annual percent change ‘‘(i) for a Tier 1 OTC monograph order re- amount equal to the sum of— that occurred in the Consumer Price Index quest, $500,000, adjusted for inflation for the ‘‘(A) the annual base revenue for fiscal for urban consumers (Washington-Baltimore, fiscal year (as determined under subsection year 2021 (as determined under paragraph DC–MD–VA–WV; Not Seasonally Adjusted; (c)(1)(B)); and (3)); All items; Annual Index) for the first 3 years ‘‘(ii) for a Tier 2 OTC monograph order re- ‘‘(B) the dollar amount equal to the oper- of the preceding 4 years of available data quest, $100,000, adjusted for inflation for the ating reserve adjustment for the fiscal year, multiplied by the proportion of all costs fiscal year (as determined under subsection if applicable (as determined under subsection other than personnel compensation and ben- (c)(1)(B)). (c)(2)); and efits costs to total costs of OTC monograph ‘‘(B) DUE DATE.—The OTC monograph order ‘‘(C) additional direct cost adjustments (as drug activities for the first 3 years of the request fees required under subparagraph (A) determined under subsection (c)(3)). preceding 4 fiscal years. shall be due on the date of submission of the ‘‘(2) SUBSEQUENT FISCAL YEARS.—For each ‘‘(2) OPERATING RESERVE ADJUSTMENT.— OTC monograph order request. of the fiscal years 2022 through 2025, fees ‘‘(A) IN GENERAL.—For fiscal year 2021 and ‘‘(C) EXCEPTION FOR CERTAIN SAFETY under subsection (a)(1) shall be established subsequent fiscal years, for purposes of sub- CHANGES.—A person who is named as the re- to generate a total facility fee revenue sections (b)(1)(B) and (b)(2)(C), the Secretary questor in an OTC monograph order shall not amount equal to the sum of— may, in addition to adjustments under para- be subject to a fee under subparagraph (A) if ‘‘(A) the annual base revenue for the fiscal graph (1), further increase the fee revenue the Secretary finds that the OTC monograph year (as determined under paragraph (3)); and fees if such an adjustment is necessary order request seeks to change the drug facts ‘‘(B) the dollar amount equal to the infla- to provide operating reserves of carryover labeling of an OTC monograph drug in a way tion adjustment for the fiscal year (as deter- user fees for OTC monograph drug activities that would add to or strengthen— mined under subsection (c)(1)); for not more than the number of weeks spec- ‘‘(i) a contraindication, warning, or pre- ‘‘(C) the dollar amount equal to the oper- ified in subparagraph (B). caution; ating reserve adjustment for the fiscal year, ‘‘(B) NUMBER OF WEEKS.—The number of ‘‘(ii) a statement about risk associated if applicable (as determined under subsection weeks specified in this subparagraph is— with misuse or abuse; or (c)(2)); ‘‘(i) 3 weeks for fiscal year 2021; ‘‘(iii) an instruction about dosage and ad- ‘‘(D) additional direct cost adjustments (as ‘‘(ii) 7 weeks for fiscal year 2022; ministration that is intended to increase the determined under subsection (c)(3)); and ‘‘(iii) 10 weeks for fiscal year 2023; safe use of the OTC monograph drug. ‘‘(E) additional dollar amounts for each fis- ‘‘(iv) 10 weeks for fiscal year 2024; and ‘‘(D) REFUND OF FEE IF ORDER REQUEST IS cal year as follows: ‘‘(v) 10 weeks for fiscal year 2025. RECATEGORIZED AS A TIER 2 OTC MONOGRAPH ‘‘(i) $7,000,000 for fiscal year 2022. ‘‘(C) DECREASE.—If the Secretary has car- ORDER REQUEST.—If the Secretary determines ‘‘(ii) $6,000,000 for fiscal year 2023. ryover balances for such process in excess of that an OTC monograph request initially ‘‘(iii) $7,000,000 for fiscal year 2024. 10 weeks of the operating reserves referred to characterized as Tier 1 shall be re-character- ‘‘(iv) $3,000,000 for fiscal year 2025. in subparagraph (A), the Secretary shall de- ized as a Tier 2 OTC monograph order re- ‘‘(3) ANNUAL BASE REVENUE.—For purposes crease the fee revenue and fees referred to in quest, and the requestor has paid a Tier 1 fee of paragraphs (1)(A) and (2)(A), the dollar such subparagraph to provide for not more in accordance with subparagraph (A)(i), the amount of the annual base revenue for a fis- than 10 weeks of such operating reserves. Secretary shall refund the requestor the dif- cal year shall be— ‘‘(D) RATIONALE FOR ADJUSTMENT.—If an ference between the Tier 1 and Tier 2 fees de- ‘‘(A) for fiscal year 2021, $8,000,000; and adjustment under this paragraph is made, termined under subparagraphs (A)(i) and ‘‘(B) for fiscal years 2022 through 2025, the the rationale for the amount of the increase (A)(ii), respectively. dollar amount of the total revenue amount or decrease (as applicable) in fee revenue and ‘‘(E) REFUND OF FEE IF ORDER REQUEST RE- established under this subsection for the pre- fees shall be contained in the annual Federal FUSED FOR FILING OR WITHDRAWN BEFORE FIL- vious fiscal year, not including any adjust- Register notice under paragraph (4) estab- ING.—The Secretary shall refund 75 percent ments made under subsection (c)(2) or (c)(3). lishing fee revenue and fees for the fiscal of the fee paid under subparagraph (B) for ‘‘(c) ADJUSTMENTS; ANNUAL FEE SETTING.— year involved. any order request which is refused for filing ‘‘(1) INFLATION ADJUSTMENT.— ‘‘(3) ADDITIONAL DIRECT COST ADJUST- or was withdrawn before being accepted or ‘‘(A) IN GENERAL.—For purposes of sub- MENT.—The Secretary shall, in addition to refused for filing. section (b)(2)(B), the dollar amount of the in- adjustments under paragraphs (1) and (2),

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.005 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6930 CONGRESSIONAL RECORD — SENATE December 10, 2019 further increase the fee revenue and fees for the Food and Drug Administration salaries and each subsequent fiscal year for which purposes of subsection (b)(2)(D) by an and expenses appropriation account without fees are collected under this part, the Sec- amount equal to— fiscal year limitation to such appropriation retary shall prepare and submit to the Com- ‘‘(A) $14,000,000 for fiscal year 2021; account for salaries and expenses with such mittee on Energy and Commerce of the ‘‘(B) $7,000,000 for fiscal year 2022; fiscal year limitation. The sums transferred House of Representatives and the Committee ‘‘(C) $4,000,000 for fiscal year 2023; shall be available solely for OTC monograph on Health, Education, Labor, and Pensions of ‘‘(D) $3,000,000 for fiscal year 2024; and drug activities. the Senate a report on the implementation ‘‘(E) $3,000,000 for fiscal year 2025. ‘‘(2) COLLECTIONS AND APPROPRIATION of the authority for such fees during such fis- ‘‘(4) ANNUAL FEE SETTING.— ACTS.— cal year and the use, by the Food and Drug ‘‘(A) FISCAL YEAR 2021.—The Secretary ‘‘(A) IN GENERAL.—Subject to subparagraph Administration, of the fees collected for such shall, not later than the second Monday in (C), the fees authorized by this section shall fiscal year. March of 2020— be collected and available in each fiscal year ‘‘(c) PUBLIC AVAILABILITY.—The Secretary ‘‘(i) establish OTC monograph drug facility in an amount not to exceed the amount spec- shall make the reports required under sub- fees for fiscal year 2021 under subsection (a), ified in appropriation Acts, or otherwise sections (a) and (b) available to the public on based on the revenue amount for such year made available for obligation, for such fiscal the internet website of the Food and Drug under subsection (b) and the adjustments year. Administration. provided under this subsection; and ‘‘(B) USE OF FEES AND LIMITATION.—The ‘‘(d) REAUTHORIZATION.— ‘‘(ii) publish fee revenue, facility fees, and fees authorized by this section shall be avail- ‘‘(1) CONSULTATION.—In developing rec- OTC monograph order requests in the Fed- able to defray increases in the costs of the ommendations to present to the Congress eral Register. resources allocated for OTC monograph drug with respect to the goals described in sub- ‘‘(B) SUBSEQUENT FISCAL YEARS.—The Sec- activities (including increases in such costs section (a), and plans for meeting the goals, retary shall, for each fiscal year that begins for an additional number of full-time equiva- for OTC monograph drug activities for the after September 30, 2021, not later than the lent positions in the Department of Health first 5 fiscal years after fiscal year 2025, and second Monday in March that precedes such and Human Services to be engaged in such for the reauthorization of this part for such fiscal year— activities), only if the Secretary allocates fiscal years, the Secretary shall consult ‘‘(i) establish for such fiscal year, based on for such purpose an amount for such fiscal with— the revenue amounts under subsection (b) year (excluding amounts from fees collected ‘‘(A) the Committee on Energy and Com- and the adjustments provided under this sub- under this section) no less than $12,000,000, merce of the House of Representatives; section— multiplied by the adjustment factor applica- ‘‘(B) the Committee on Health, Education, ‘‘(I) OTC monograph drug facility fees ble to the fiscal year involved under sub- Labor, and Pensions of the Senate; under subsection (a)(1); and section (c)(1). ‘‘(C) scientific and academic experts; ‘‘(II) OTC monograph order request fees ‘‘(C) COMPLIANCE.—The Secretary shall be ‘‘(D) health care professionals; under subsection (a)(2); and considered to have met the requirements of ‘‘(E) representatives of patient and con- ‘‘(ii) publish such fee revenue amounts, fa- subparagraph (B) in any fiscal year if the sumer advocacy groups; and cility fees, and OTC monograph order re- costs funded by appropriations and allocated ‘‘(F) the regulated industry. quest fees in the Federal Register. for OTC monograph drug activities are not ‘‘(2) PUBLIC REVIEW OF RECOMMENDATIONS.— ‘‘(d) IDENTIFICATION OF FACILITIES.—Each more than 15 percent below the level speci- After negotiations with the regulated indus- person that owns an OTC monograph drug fa- fied in such subparagraph. try, the Secretary shall— cility shall submit to the Secretary the in- ‘‘(D) PROVISION FOR EARLY PAYMENTS IN ‘‘(A) present the recommendations devel- formation required under this subsection SUBSEQUENT YEARS.—Payment of fees author- oped under paragraph (1) to the congres- each year. Such information shall, for each ized under this section for a fiscal year (after sional committees specified in such para- fiscal year— fiscal year 2021), prior to the due date for graph; ‘‘(1) be submitted as part of the require- such fees, may be accepted by the Secretary ‘‘(B) publish such recommendations in the ments for drug establishment registration in accordance with authority provided in ad- Federal Register; set forth in section 510; and vance in a prior year appropriations Act. ‘‘(C) provide for a period of 30 calendar ‘‘(2) include for each such facility, at a ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— days for the public to provide written com- minimum, identification of the facility’s For each of the fiscal years 2021 through 2025, ments on such recommendations; business operation as that of an OTC mono- there is authorized to be appropriated for ‘‘(D) hold a meeting at which the public graph drug facility. fees under this section an amount equal to may present its views on such recommenda- ‘‘(e) EFFECT OF FAILURE TO PAY FEES.— the total amount of fees assessed for such tions; and ‘‘(1) OTC MONOGRAPH DRUG FACILITY FEE.— fiscal year under this section. ‘‘(E) after consideration of such public ‘‘(A) IN GENERAL.—Failure to pay the fee ‘‘(g) COLLECTION OF UNPAID FEES.—In any views and comments, revise such rec- under subsection (a)(1) within 20 calendar case where the Secretary does not receive ommendations as necessary. payment of a fee assessed under subsection days of the due date as specified in subpara- ‘‘(3) TRANSMITTAL OF RECOMMENDATIONS.— graph (D) of such subsection shall result in (a) within 30 calendar days after it is due, Not later than January 15, 2025, the Sec- the following: such fee shall be treated as a claim of the retary shall transmit to the Congress the re- United States Government subject to sub- ‘‘(i) The Secretary shall place the facility vised recommendations under paragraph (2), chapter II of chapter 37 of title 31, United on a publicly available arrears list. a summary of the views and comments re- States Code. ‘‘(ii) All OTC monograph drugs manufac- ceived under such paragraph, and any tured in such a facility or containing an in- ‘‘(h) CONSTRUCTION.—This section may not be construed to require that the number of changes made to the recommendations in re- gredient manufactured in such a facility sponse to such views and comments.’’. shall be deemed misbranded under section full-time equivalent positions in the Depart- 502(ff). ment of Health and Human Services, for offi- f cers, employers, and advisory committees ‘‘(B) APPLICATION OF PENALTIES.—The pen- not engaged in OTC monograph drug activi- EXECUTIVE SESSION—Continued alties under this paragraph shall apply until ties, be reduced to offset the number of offi- The PRESIDING OFFICER. The Sen- the fee established by subsection (a)(1) is cers, employees, and advisory committees so paid. ate will resume executive session. engaged. ‘‘(2) ORDER REQUESTS.—An OTC monograph The Senator from Maryland. order request submitted by a person subject ‘‘SEC. 744N. REAUTHORIZATION; REPORTING RE- UNANIMOUS CONSENT REQUEST—S. 1060 QUIREMENTS. to fees under subsection (a) shall be consid- Mr. VAN HOLLEN. Madam Presi- ‘‘(a) PERFORMANCE REPORT.—Beginning ered incomplete and shall not be accepted for with fiscal year 2021, and not later than 120 dent, after a discussion that we will filing by the Secretary until all fees owed by calendar days after the end of each fiscal have on the Senate floor, I intend to such person under this section have been year thereafter for which fees are collected ask unanimous consent that the Sen- paid. under this part, the Secretary shall prepare ate pass S. 1060, which is a bipartisan ‘‘(3) MEETINGS.—A person subject to fees and submit to the Committee on Energy and under this section shall be considered ineli- piece of legislation called the DETER Commerce of the House of Representatives Act. gible for OTC monograph drug meetings and the Committee on Health, Education, until all such fees owed by such person have Labor, and Pensions of the Senate a report What is the DETER Act? The DETER been paid. concerning the progress of the Food and Act is legislation that I introduced ‘‘(f) CREDITING AND AVAILABILITY OF Drug Administration in achieving the goals with Senator RUBIO. It has bipartisan FEES.— identified in the letters described in section sponsorship, and it is designed to send ‘‘(1) IN GENERAL.—Fees authorized under 201(b) of the Over-the-Counter Monograph a very clear and simple message to subsection (a) shall be collected and avail- Safety, Innovation, and Reform Act of 2019 Russia or any other countries that are able for obligation only to the extent and in during such fiscal year and the future plans thinking about interfering with our the amount provided in advance in appro- of the Food and Drug Administration for priations Acts. Such fees are authorized to meeting such goals. elections and undermining our democ- remain available until expended. Such sums ‘‘(b) FISCAL REPORT.—Not later than 120 racy that, if we catch you, you will suf- as may be necessary may be transferred from calendar days after the end of fiscal year 2021 fer a severe penalty. It won’t be a few

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.005 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6931 sanctions against a few of the platforms. This is a case where the best land, and that is deterring foreign ad- oligarchs. It will hit big parts of your defense is a good offense because we versaries from trying to interfere with economy. It will hit your banking sec- can harden our systems, but you can be elections in the first place. tor. It will hit your energy sector. It sure that the Russian Government For the past year, Democrats have will hurt, so you better think before cyber security folks will always be been pushing legislation that would do you try to interfere in any future elec- looking for a way around it, just like just that by instituting mandatory tion. the arms race. So just like the arms crosscutting sanctions against any ad- Now, Senator RUBIO and I introduced race, deterrence is the best way to pro- versary—Russia, China, Iran, North this legislation a number of years ago, tect the integrity of our democracy by Korea—that even dared to attempt to and in response to concerns that were letting them know upfront that there meddle in our democracy. It is a bipar- raised, we made a number of important will be this very tough price to pay. tisan idea. Senator VAN HOLLEN has changes, but despite those changes, we We hoped and thought we could ad- legislation that is cosponsored by Sen- are still here in the U.S. Senate with dress this issue in the National Defense ator RUBIO. We tried hard to pass this less than 1 year to go before a national Authorization Act. What better place measure in the annual defense bill. election, and we have not passed this is there to defend the integrity of our Senate Republicans and Leader MCCON- bill to deter foreign interference in our democracy than in the legislation that NELL blocked the provision from the elections. is designed to protect our national se- final agreement. We know what Vladimir Putin’s am- curity? In fact, the U.S. Senate unani- Here we are today, asking our Repub- bitions are. He wants to sow division in mously passed the resolution I have in lican colleagues to relent and allow our electorate. He wants to make our my hand, S. Res. 330, which says very this bipartisan legislation to pass the political process even more polarized. clearly that we wanted folks at the Senate on its own. Our top national se- He wants to undermine the public faith NDAA conference to require the admin- curity officials have warned us that in the democratic process. That is not istration—any administration, future our adversaries are right now—right just my conclusion. That is the unani- administration—to promptly submit a now, as we speak—working on ever mous verdict of the U.S. Intelligence report on Russian interference or other more sophisticated methods to meddle Committee and the community after interference following every Federal in our elections. That is what Putin the 2016 election, but it is not just election, and that would include a de- does. He doesn’t have the military them. tailed assessment of the foreign gov- power or the economic power, but he Our own Senate Intelligence Com- ernments that were involved in that in- has long tentacles and clever ways to mittee, on a bipartisan basis, issued its terference. The Senate, as part of that undermine our democracy. Are we findings. It also found that those were resolution, also voted to promptly im- going to stand there benignly and let it Putin’s intentions, and it found that, pose sanctions on any foreign govern- happen? That is outrageous. in 2016, Russia interfered in all 50 of ment determined to have interfered in Why have Leader MCCONNELL and the States, to a greater or lesser ex- a future Federal election, including in- Senate Republicans opposed it? I hope tent—all 50 of the States. And what dividuals and entities within that it is not because the Russian Foreign Vladimir Putin clearly has learned and country’s territories. Minister is in town this week. I hope it taken away from all of this is that he Let me emphasize that point. Every is not because anyone wants to invite can attack our democracy and attack Senator here supported that—or at foreign interference. our elections with impunity because least nobody objected to that. We have I am worried that it is just as my col- the rewards are high. He creates divi- been working for over 2 years to get league from Maryland said: Donald sion. He accomplishes his objectives. this done, and we keep hearing that the Trump, who has shown no regard for And the price is zero. There is cur- Trump administration doesn’t want to the rule of law, for fairness, for de- rently no cost to Vladimir Putin from do it. Of course, we haven’t been told cency, or for honor, if he thinks Rus- interfering in our elections. by the Trump administration why they sian interference will help him, he So what the DETER Act is designed object. Even Secretary Pompeo, in tes- says: Let’s do it. What is bothersome is to do is to raise the costs for the com- timony before the Senate Foreign Re- that my colleagues on the Republican ing elections, to make it clear that, if lations Committee, said he supported side of the aisle move forward on his we catch you next time, there will be a the concept. In fact, every witness in wishes, right to the undermining of our penalty to pay. We know that Putin the Senate Banking Committee and democracy. hasn’t gotten this message because Senate Foreign Relations Committee I guarantee that if Leader MCCON- there is no penalty right now, and that asked about this and supported this NELL would allow the vote on this leg- is why, on November 5, just a few legislation. You have to ask the ques- islation, it would pass almost unani- weeks ago, we got another unanimous tion why: Why is there such opposi- mously. Remember, the motion to in- prediction from U.S. intelligence agen- tion? If it is because of President struct conferees on NDAA to include cies. All of them jointly stated: Trump, we need to be doing our job this legislation passed nearly unani- Russia, China, Iran, and other foreign ma- here in the legislature, not the bidding mously. I would plead with my good licious actors all will seek to interfere in the friend—he is a good man from Idaho, voting process or influence voter percep- of the White House. tions. Adversaries may try to accomplish I yield to the Democratic leader. Senator CRAPO—and I would plead with their goals through a variety of means, in- Mr. SCHUMER. Madam President, I Leader MCCONNELL: Stop this now. If cluding social media campaigns, directing thank my colleague from Maryland for Trump is getting you to do this or if disinformation operations or conducting dis- his diligence in this issue of utmost im- the White House is, which I suspect is ruptive or destructive cyber-attacks on state portance to the integrity of our elec- true, that is not your duty to this and local infrastructure. tions, to our national security, and ba- country, and you must put that higher That was just a few weeks ago— sically for trust in government. If the than your duty to President Trump. unanimously, from the intelligence American people feel that a foreign I yield back to my friend. agencies. Clearly, Vladimir Putin country can interfere in their elections Mr. VAN HOLLEN. Madam Presi- hasn’t gotten the message. What the and, particularly, that their President dent, I thank the minority leader. As DETER Act is all about is sending that is OK with that, I worry and pray for he indicated, the Russian Foreign Min- message that he will now know that our democracy. ister, Foreign Minister Lavrov, is in there will be a penalty to pay upfront. For the past few years, Senate Demo- town. There is a report saying that Look, there are only two ways we can crats have sought to pass legislation to Secretary Pompeo said to the Rus- protect our elections, and we need to improve the security of elections. sians: Don’t interfere in our elections. do both. One is to harden our election There are many ways to do this—hard- Wagging your finger is not enough to infrastructure here at home, which is ening our election infrastructure, shor- scare off Vladimir Putin. That is why to try to make it harder for somebody ing up cyber defenses, and requiring you need the DETER Act. to use cyber attacks to get into our paper ballots. One of the most impor- Of course, saying that is a big ad- election systems and make it harder tant has been advocated with passion vance over the President of the United for them to abuse our social media and vigor by my colleague from Mary- States, who has been denying Russian

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.029 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6932 CONGRESSIONAL RECORD — SENATE December 10, 2019 interference in our elections. It is not agreed that we can work on further The PRESIDING OFFICER. Objec- enough to scold the Russians. It is not legislation, but we need to get it right tion is heard. enough to scold Foreign Ministers. It is because economic sanctions legislation The Senator from Maryland. not enough to scold Vladimir Putin. is a two-edged sword. It hurts the Mr. VAN HOLLEN. Madam Presi- You have to raise the price for inter- United States and our allies often as dent, I want to address some of the ference, and they need to do it upfront. much as it hurts the entities sanc- comments made by the chairman of the Madam President, as in legislative tioned, and because of that, we have to Banking Committee and start by say- session, I ask unanimous consent that have the ability to be flexible in when ing that I have appreciated the con- the Committee on Banking, Housing, to apply, how to apply, and how to ad- versations he and I have had on this and Urban Affairs be discharged from just the impact of our sanctions; other- legislation over the years. Let me just further consideration of S. 1060 and the wise, we will see that we will do more address some of the comments that Senate proceed to its immediate con- damage to ourselves and our allies were made. sideration. I further ask that the bill than to Russia. One is to say that, currently, the be considered read a third time and By the way, we don’t just need legis- CAATSA scheme is enough to deter fu- passed and that the motion to recon- lation dealing with Russia. We need ture Russian interference in our elec- sider be considered made and laid upon legislation dealing with the same types tions. If that were true, you would not the table. of activities from Iran and China and have had every single one of our intel- The PRESIDING OFFICER. Is there North Korea, to name just a few of the ligence agencies just a few weeks ago objection? others. We need to do it with the ap- predict that Russia will interfere in Mr. CRAPO. Madam President, re- propriate mechanisms. our elections again, along with other serving the right to object. The mechanisms in this bill have foreign malign actors. The PRESIDING OFFICER. The Sen- been designed more to attack the If the laws on the books could deter ator from Idaho. Trump administration and Republicans that interference, why did they predict Mr. CRAPO. Madam President, I than to attack the Russians and those just a few weeks ago that they are think the record really needs to be set who would attack our country and our coming for us in the upcoming elec- straight. The picture that is being elections. I have said again and again tions? painted here is that the Republicans or and again that if we can fix the mecha- Second, this is not a partisan attack President Trump or both don’t care nisms so that they will work effec- on President Trump. This is a bipar- about the fact that Russia is and has tively to work against our enemies and tisan bill. This bill not only has Sen- been trying to interfere in our elec- protect America and our allies, as our ator RUBIO as the chief author, co- tions and that, for some reason, our re- current sanctions regimes do, then we author of the legislation, there are a fusal to allow this specific act to move can move forward with legislation that number of other Republican and Demo- forward until it is fixed is evidence of will even enhance what we did in cratic Senators on this bill as cospon- that. CAATSA. sors. In fact, they are evenly matched In support of that, he said that there I will also remind my colleague that on this legislation. is no penalty on the Russians because in addition to CAATSA, one of the rea- This has nothing to with President of their actions. I will remind my col- sons we have been so active in the Trump. In fact, this determination and leagues that I am the chairman of the United States is that we have passed this law would not even kick in until committee that has jurisdiction over significant additional legislation. I re- after the 2020 elections. I don’t know economic sanctions. On this floor, last mind my colleagues and everyone that who is going to be President then. This Congress, we had this very debate. I in addition to CAATSA and the already has nothing to do with President was making the case then that we existing IEEPA legislation, which are Trump. This has to do with protecting needed a broad, strong sanctions law very broad and powerful international our elections. Is it informed by what against Russia for its election inter- emergency economic authorities that happened in 2016? You bet it is. We ference and not only for its election in- have previously existed in the United know—again, from all our intelligence terference but also for its invasion of States to help our administrations committees and community agencies, Crimea and for its cyber security at- push back against malign conduct from every one of them headed by somebody tacks on the United States. our enemies, we have also passed the nominated by President Trump—that What happened then? We passed what Ukraine Freedom Support Act. I ref- the Russians attacked us in 2016. A few I believe is probably the strongest, erenced Crimea earlier. We have passed weeks ago they said the same thing most extensive legislation putting into the Magnitsky Act. President Obama, will happen in 2020, and that will hap- effect sanctions on Russia for election President Trump, and I believe Presi- pen especially if we don’t raise the interference, for cyber security viola- dent Bush, before them, have issued price. tions, for invasion of Crimea, and other significant Executive orders on their The CAATSA legislation, as the Sen- malign conduct. Under that legislation, own with their Executive order author- ator knows, was put in place by an the administration has been active. ity to expand sanctioning authority. overwhelming veto-proof vote in the I want to read you just a little—I To create the picture that there is no U.S. Senate. It was required because think that President Trump has prob- deterrent is false. To create the picture the Russians interfered, but it was ret- ably put more sanctions on the Rus- that the Trump administration is try- rospective. So, yes, we punished some sians than any other President in our ing to turn a blind eye to Russia’s ma- of the oligarchs who were close to history. The Treasury’s Russia sanc- lign conduct is false. To create the pic- Vladimir Putin, but that is not enough, tions program is among the most ac- ture that the Republicans, because clearly, to raise the price to Vladimir tive of the sanctions programs that the they want to get a mechanism that Putin from deterring him from doing it United States has. This administration works properly, are therefore willing to again. has sanctioned 335 Russian-related in- turn a blind eye to Russia is false. Again, we just heard that from our dividuals and entities, 317 of which When we can finally stop trying to own intelligence agencies. If you want were sanctioned under Treasury au- play politics with this issue, when we to raise the price for future inter- thority. can stop trying to make it anti-Trump ference, you need to not just hit a few By the way, the bill I referred to has or anti-Republican or make politics oligarchs, you need to let them know, an acronym. It is the Countering out of the problems that Russia truly some of those Russian Government America’s Adversaries Through Sanc- is creating for us, maybe we can come banks are going to get hit; their energy tions Act, or CAATSA. That is the leg- together and pass yet another strong sector is going to get hit. islation that the administration is piece of legislation to move forward— By the way, there is actually more using to deter Russian election inter- but not as long as it is done with mech- flexibility in this bill than I would ference and other activities in addition anisms and with lack of flexibility that like. As the chairman of the committee to other malign conduct. actually undermine our own economic knows, the original bill Senator RUBIO Now, I want to state again, as my security and our system in applying and I introduced did not have waiver colleague knows, I agree and have the sanctions. Because of that, I object. authority for the President of the

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.030 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6933 United States. The version that is be- I yield the floor. VanDyke would be the first judicial fore us right now contains waiver au- Mr. VAN HOLLEN. Madam Presi- nominee appointed to the bench with- thority for every single one of the dent, I hope we will get down to the se- out the support of his home State Sen- sanctions if the President makes a na- rious business of legislating. As I indi- ators, with a ‘‘not qualified’’ rating tional determination and says the cated in the hearings that have been from the American Bar Association, waiver will not hurt our national secu- held in the Senate Banking Committee and without ties to the community rity. and Senate Foreign Relations Com- whose appeals court seat he would oc- It has more flexibility than I would mittee, there was overwhelming sup- cupy. like because my view is you need to set port for moving forward with the I would like to ask my colleagues: up a machine that is almost automatic. DETER Act; that is, deter Russian in- What kind of message are we sending If we catch you interfering, there will terference in our elections. when we confirm individuals who don’t be a price to pay. Under this bill, if we I will say it again. This authority, have the support of their local commu- catch them, yes, there will be sanc- this sanction, if there is interference, nities? tions, but the reality is, the President does not kick in until after the next We need judges with the knowledge, can decide to waive those sanctions. Presidential election. It is not designed the maturity, and experience to under- We have come a long way. This is a to focus on any particular President. It stand the impact their decisions will bipartisan bill. This is about protecting is designed together on a bipartisan have on the States over which they our democracy. It is not about any par- basis—and this is a bipartisan bill—to preside. How will my colleagues feel ticular individual or any particular set up a mechanism in advance to let when a future administration attempts President. It wouldn’t even kick in Vladimir Putin or other malign foreign to do the same thing to their State, until after the next elections, and actors know, if they interfere, there when a Democratic President, perhaps, those sanctions will only kick in if will be a price to pay. Not maybe, not nominates a Californian to sit on a dis- there is interference. The whole pur- let’s just guess about it, there will be a trict court in Kentucky or a lifelong pose of this bill is to have sanctions price to pay unless a President decides DC resident is sent to a court in Texas? Mr. VanDyke’s qualifications and that are tough enough so Putin doesn’t to waive it, which, as I said, was a con- connections to Nevada are just one interfere or another foreign govern- cession we made to address people’s part of my objection to his confirma- ment doesn’t interfere and so they concerns about some flexibility, but we tion. I also believe Mr. VanDyke’s don’t go off the sanctions. That is the need to send the upfront message that views are just too extreme to promote whole purpose. at least initially these sanctions will to the Federal bench. He signed the I hope we will vote on this. The clock take effect, and they will hurt. That is State of Montana on to a brief in an is ticking. I am going to be on this the only way to deter someone like Arizona case that argued that Roe v. Vladimir Putin and the Russians from floor week after week until we come Wade ‘‘should . . . be revisited.’’ interfering in our elections: raise the together and pass something that actu- On LGBTQ protections, Mr. VanDyke ally has some teeth and will deter that price and make it clear they will pay at his confirmation hearings broke very foreign interference that every in- it. down in tears of frustration at the very The PRESIDING OFFICER. The Sen- telligence agency predicted will happen idea that he might be unfair to LGBTQ ator from Nevada. as recently as 5 weeks ago. That will litigants. He insisted that he believes happen unless we act. NOMINATION OF LAWRENCE VANDYKE in treating ‘‘all people . . . with dig- I yield floor. Ms. CORTEZ MASTO. Madam Presi- nity and respect,’’ but he didn’t treat The PRESIDING OFFICER. The Sen- dent, I rise today because of my firm LGBTQ people with dignity and respect ator from Idaho. opposition to Lawrence VanDyke’s when he wrote in a 2004 article that Mr. CRAPO. Madam President, not to nomination to the Ninth Circuit Court same-sex marriage hurts families, chil- belabor the point, but I just want to re- of Appeals, which has jurisdiction over dren, and society. It certainly doesn’t spond briefly. Yes, there are Repub- my home State of Nevada. Mr. Van- reflect an attitude of dignity and re- licans and Democrats on this bill, but Dyke lacks the support of both his spect to support extreme groups like many of the Members who are on this home State Senators, JACKY ROSEN and the Family Research Council and the bill have told me they are ready and I. His qualifications are inadequate and Alliance Defending Freedom, both of willing to amend and make it work. his ties to Nevada are minimal. which have been designated as anti- I have offered and have tried now for His nomination sets a dangerous LGBTQ hate groups by the Southern months to get that done. I am willing precedent for the Senate and would Poverty Law Center. to continue trying to improve and allow future administrations to nomi- The people who can legitimately shed strengthen this bill, but the notion nate virtual outsiders to communities tears about Lawrence VanDyke’s that this is just somehow trying to pro- across the country over Senators’ ob- record on LGBTQ rights are those who tect the President from having to jections. are still shunned because of whom they make tough choices is simply false. The President could have chosen a love. I will read today—as has been indi- better nominee. Senator ROSEN and I On the issue of preventing gun vio- cated, we have leaders from Russia in tried to work with the administration lence, Mr. VanDyke made his stance America today, and in response to to identify well-respected attorneys clear in a questionnaire the NRA sent that, our Secretary of State Pompeo from Nevada as potential appeals court to him when he was running for the Su- said: judges. Instead, the President decided preme Court of Montana. In his an- The Trump administration will always to nominate someone with no current swers to the NRA’s questions, Mr. Van- work to protect the integrity of our elec- ties to our State, someone whom the Dyke said he believed that ‘‘all gun tions, period. . . . Should Russia or any for- American Bar Association has rated as control laws are misdirected.’’ In Ne- eign actor take steps to undermine our ‘‘not qualified’’ for the Federal bench, vada, we believe in Second Amendment Democratic processes, we will take action in someone who holds extreme beliefs rights, but we also agree—as almost all response. about reproductive rights, LGBTQ Americans do—that commonsense All of the authorities in this legisla- rights, gun violence prevention, and measures like background checks keep tion we are debating right now exists environmental protection. us safer. already under CAATSA. I guess the ar- The American Bar Association inter- Finally, Mr. VanDyke has done his gument is that President Trump will viewed 60 of Mr. VanDyke’s former col- best to erode environmental standards not use them. Well, the reality is he leagues, and those colleagues charac- and protections. As solicitor general of will. Secondly, I have indicated my terized him as arrogant, lazy, an ideo- Nevada, he signed on to a lawsuit that willingness to work on this legislation. logue, and lacking in knowledge of the threatened the critical sage grouse pro- Rather than continuing to stand on day-to-day practice, including proce- tections. Governor Sandoval, the Re- the floor and debate why we like or dural rules. publican Governor at the time, said don’t like what President Trump is Mr. VanDyke’s nomination is unprec- that lawsuit ‘‘did not represent the doing, I think we ought to get down to edented for all of these reasons. If con- State of Nevada, the governor, or any the serious business of legislating. firmed to the Ninth Circuit, Lawrence state agencies.’’

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.034 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6934 CONGRESSIONAL RECORD — SENATE December 10, 2019 The Western United States has some months, the ranking member of the Ju- Do you know what they are not ask- of the most fragile and iconic public diciary Committee and I worked to de- ing me about? My constituents are not lands in the Nation. I object to letting velop a bipartisan bill to renew the asking me about the latest impeach- Mr. VanDyke oversee them when he law, which provides desperately needed ment headline. They are not asking me seems to care so little for their values. resources to prevent domestic and sex- about witnesses in front of a House Mr. VanDyke’s record shows that he is ual abuse and care for our survivors. committee or the newest ‘‘breaking not a neutral arbiter of the law. Be- We were making real progress, but all news’’ over on the House side. In their cause of his poor qualifications and be- of a sudden, Senate Democrats walked minds—it is just a bunch of Wash- cause of his extreme activist approach away from the progress we made in an ington hoopla to most people. to the law, I will vote against his con- apparent attempt to make violence A few days ago, I ran into some con- firmation, and I urge my colleagues to against women an election issue. stituents while I was running errands, do the same. Folks, we cannot allow our political and they said to me: Just stop this. I yield the floor. differences to keep us from performing Stop this. Something similar happened The PRESIDING OFFICER. The Sen- our most basic constitutional duties: while I was grocery shopping. The ator from Iowa. to provide for the common defense, butcher said to me: Aren’t you just USMCA fund the operations of the Federal Gov- tired of it? Ms. ERNST. Madam President, there ernment, and support women and chil- Well, yes, I am. are just 21 days left in 2019. With the dren across this country facing sexual We have 2 weeks until Congress days dwindling, Congress has made lit- and domestic abuse. I plan on con- leaves for Christmas break and 21 days tle progress on its to-do list that with- tinuing to work with Senator FEIN- until the end of the month, and we still out question must be addressed before STEIN without regard to the political have so much to do. Our sole focus going home for the holidays. This is winds because we have to stop playing should be on legislating and making largely due to the distractions and politics with women’s lives and our Na- life better for people across the coun- delays caused by the Democrats in this tion’s defense. try. body and especially by those across the At a time when Democrats and Re- I can tell you, as somebody who has Capitol. publicans in Washington can’t find been in this body and in the House for Let’s take the United States-Mexico- many areas of agreement, these are all several years, when you rush to judg- Canada trade agreement. President issues on which we should and abso- ment and when you rush to legislate, Trump signed it over 1 year ago. If ap- lutely can find common ground. I im- that is when things that you don’t proved, USMCA would create 176,000 plore my Democratic colleagues to end know get into bills and things that you new jobs by expanding access to mar- the obstruction and delay. Work with want in bills don’t get into bills. So kets and providing much needed cer- us to fund the government and support rushing into legislating is not the fair- tainty for American businesses and our servicemembers. Pass the USMCA est way to do it. farmers. Literally, everyone benefits. and provide resources for my fellow I am pleased that at long last, we are Yet here we are still waiting for the survivors of domestic and sexual abuse. going to pass the National Defense Au- House Democrats to bring it up for a The American people are counting on thorization Act that protects our na- us. vote—a vote that would be broadly bi- tional security and supports our men I yield the floor. and women in uniform. We still need to partisan. The PRESIDING OFFICER. The Sen- Speaker PELOSI even admitted today pass appropriations bills that fund ator from West Virginia. much of our Federal Government. I am that there is no question that USMCA Mrs. CAPITO. Madam President, I the chairman of the Homeland Secu- is much better than NAFTA. I am am privileged to be on the floor today rity Subcommittee, so I very much hopeful the House will finally vote on with the Senator from Iowa, Ms. want to see us enact a bill that will the measure next week before leaving ERNST. I am here to join in a chorus of provide critical resources to protect town. This would be a great Christmas voices to ask this Congress to do bet- gift for American workers, farmers, ter, to do our to-do list, and to do the this country. Homeland Security. Sure, we have and businesses. things people sent us here to do. I am Border Patrol, we have the wall, and But it is not just on trade deals. We going to highlight some of the critical we have ICE. Do you know what else are now over 2 months into the new items Congress still needs to get done. we have? We have the Coast Guard, Federal fiscal year. Yet Congress still Senator ERNST talked about them very has not approved the annual funding eloquently. TSA, the Secret Service, FEMA—abso- bills for this fiscal year. These bills When I am home in West Virginia, lutely essential services. This includes will actually fund the government. Yet people ask me about policies that im- funding for our immigration laws and Democrats are stalling and throwing pact their everyday lives. They ask also continuing to fund the work on up roadblocks at every turn. They are about healthcare. They ask about the the border wall system. I want to see failing to support our servicemembers, pensions and healthcare for our retired us pass all 11 of these bills, as well as including providing them with the miners. They ask about surprise med- provide funding for our troops and our largest pay raise in a decade. ical bills. I have certainly received veterans. Funding medical research. I Just recently, I was on the ground in them, and many people in this country am committed to funding Alzheimer’s Kuwait and Afghanistan to meet with every day, 2 or 3 months after an oper- research, addressing the opioid epi- our U.S. troops, including Iowans of ation or a visit to the hospital, may re- demic, infrastructure, and many other the Des Moines-based 103rd ceive a bill in the mail they had no priorities. Sustainment Command. These service- idea was coming their way. I also have a priority that really af- members are relying on Congress to do The high cost of prescription drugs is fects just part of the country but deep- their job so that our military men and an issue that hits many of us in our ly affects those of us in West Virginia. women can carry out their job of pro- pocketbooks, and particularly for those We need to enact the Bipartisan Amer- tecting our homeland. As a former who suffer from disease or who are el- ican Miners Act this year. Congress company commander in Kuwait, I real- derly, it is a particular strain on their must act to save the healthcare of ize just how vital resources are to our wallets. They ask about national secu- 13,000 retired miners and protect the troops. rity and caring for our veterans. Here pension benefits of about 92,000 people. Let’s not forget that Democrats is one everybody complains about, in- More than 25,000 retired miners re- agreed to a framework months ago on cluding all of us here—robocalls. Can ceived benefits in West Virginia last all of these bills. Yet they have repeat- somebody please stop the onslaught of year. We have a bipartisan bill to ad- edly blocked consideration of these robocalls? dress this critical issue for our mining bills. We have legislation, but we are not families and for West Virginia commu- Similarly, the authorization for the getting the action on it that we need. nities. It is critical that we pass this Violence Against Women Act—a law We need better trade deals that will bill before the end of the year because that is deeply personal to me—expired help grow our economy and support our this situation is getting more dire a year ago and remains in limbo. For American workers. every single day.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.035 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6935 The USMCA—United States-Mexico- port. It was approved by the Senate these decisions about nominations to Canada trade agreement—has been Homeland Security and Governmental the far-right groups that he feels, evi- waiting for action all year, as Senator Affairs Committee in June, and it is in- dently, he has to follow. ERNST said. I am glad to see that cluded as part of the Prevent Govern- Mr. VanDyke has already made it Speaker PELOSI is finally moving on ment Shutdowns Act. We need to pass abundantly clear how he will rule on this. It is an agreement that will grow No Budget, No Pay now to show we are gun violence prevention issues. In an our economy and includes robust pro- serious about the future of this Nation. NRA questionnaire that he completed tections for American workers. We Members of Congress make $174,000 a when he ran for the Montana Supreme have to get this across the finish line. year. All we are asking them to do is Court in 2014, Mr. VanDyke stated that I am especially proud of the work we the most basic function of govern- he would not support any legislation are doing on the Environment and Pub- ment—pass the budget. It is not com- that would regulate firearms and am- lic Works Committee. We passed a bi- plicated. If you are a Member of Con- munition; any restrictions on the pos- partisan 5-year highway bill. It had a gress, rich or poor, and you don’t be- session, ownership, purchase, sale, or unanimous vote, 21 to 0. It would help lieve Congress can or should pass a transfer of semiautomatic firearms; or improve roads, highways, and bridges budget every year, then go home. legislation mandating the use of lock- that Americans count on every day to There are lots of other competent peo- ing devices and safe storage proce- travel safely, whether they are going ple who can have your job. When the dures. to church, going to the job, or going on American people don’t do their job, There are currently bills before Con- a family trip. Reauthorization of the there are consequences. gress that would do each of these Federal Surface Transportation Pro- It is time we make Washington just a things. I should know, for I sponsored gram is a top priority for the coming little bit more like the real world, so I them. None of these proposals—none— year. ask all my colleagues to join with me would get a fair hearing in Mr. We have a lot to do in the coming to pass No Budget, No Pay. VanDyke’s court. That predilection days, but we also have lots to do in the I suggest the absence of a quorum. never disavowed, never refuted, never coming year. I hope we will work to- The PRESIDING OFFICER. The denied should be disqualifying. gether and not practice the past prac- clerk will call the roll. Worse still, in the same question- tices of this year. I hope we will work The senior assistant legislative clerk naire, Mr. VanDyke stated that the together to get the job done. proceeded to call the roll. only reason he was not currently a I yield back. Mr. BLUMENTHAL. Mr. President, I member of the NRA was that he didn’t The PRESIDING OFFICER. The Sen- ask unanimous consent that the order ‘‘want to risk recusal if a lawsuit came ator from Florida. for the quorum call be rescinded. before me where the NRA was in- Mr. SCOTT of Florida. Madam Presi- The PRESIDING OFFICER (Mr. volved.’’ In other words, he would join dent, I rise to speak today about the CASSIDY). Without objection, it is so or- the NRA; he supports the NRA; he feels things Congress is failing to accom- dered. like he should be a member of the plish while Democrats in the House NOMINATION OF LAWRENCE VANDYKE NRA; and he wants to rule in favor of continue their obsession with impeach- Mr. BLUMENTHAL. Mr. President, the NRA, but he might have to recuse ing this President to overturn the re- in the midst of all of the historic and himself if he were to join the NRA. sults of the 2016 election. Let’s be profoundly significant events hap- That statement alone should be dis- clear. That is what is happening here. pening these days in Congress, there qualifying. Democrats lost the election in 2016 and may be a temptation to overlook some Remember, we are talking about a realized they are going to lose again in of the judicial nominations that are life-tenured position on the Federal ju- 2020. They are trying to use the im- coming to the floor of the Senate, some diciary, not just for a few years. This is peachment process to hurt the Presi- of them almost a caricature of the un- not an elected position on a State dent. qualified nominees that we have seen court. This is a Federal nomination to That is shameful enough, but let’s all too often. One is before us today, the second highest, appellate-level think about what Congress is not Lawrence VanDyke, who has been nom- court in the United States, second only doing. Congress is not passing a budg- inated to the Ninth Circuit. to the U.S. Supreme Court. et. Congress is not funding our mili- Over the past 3 years, we have Mr. VanDyke’s hostility to common- tary. Congress is not securing our bor- watched the Trump administration sense gun violence prevention also led der. Congress is not lowering the cost march ceaselessly to degrade the judi- him to challenge a law passed by the of prescription drugs. Congress is not ciary. Yet, even in having witnessed voters of a State he was charged with doing the things the American people this travesty firsthand, I find Mr. serving. In 2016—now we are talking sent us to Washington to do. VanDyke’s nomination truly aston- about Nevada, not Montana—the vot- I won’t accept that. I have a back- ishing and alarming. Once again, we ers of Nevada approved a ballot meas- ground in business, and in the real are faced with a nominee who lacks the ure to expand background checks to world, if you don’t do your job, you support of his home State Senators, cover the private sale of firearms. This don’t get paid. It is that simple. If Con- who is not even from the State for closed a critical loophole in that gress can’t accomplish even the most which this seat is designated, and who State’s laws. I have repeatedly empha- basic tasks—passing a budget and ap- was rated ‘‘not qualified’’ by the Amer- sized that we must address this loop- propriations bills in an orderly fash- ican Bar Association. That is a pretty hole at the Federal level. Nevada ad- ion—lawmakers shouldn’t get a pay- tough set of qualifications—or lack of dressed it at the State level, but Mr. check, period. them—to match, but Lawrence Van- VanDyke, who was at the time that The current system is broken. No one Dyke has done it. State’s solicitor general, took the very takes responsibility, and there are no These departures from bedrock prin- unusual step of working to undermine consequences. That should change. ciples that once guided the exercise of the voter-approved law. That is why we need to pass my No the Senate’s constitutional duty to ad- Meanwhile, when he worked for the Budget, No Pay proposal now. With- vise and consent should disturb all of Montana attorney general, he was all holding paychecks from Members of us, but even more disturbing is Mr. too happy to defend an extreme and Congress who fail to pass the budget VanDyke’s record as an unrelenting poorly drafted State law that sought to will help prevent government shut- ideologue who has spent his entire exempt from all Federal regulation the downs, which hurt the economy and legal career promoting an extreme po- firearms and ammunition that were millions of everyday Americans. It is litical agenda. Unfortunately, that is made in Montana. Don’t take my word also an important step to promote fis- exactly what we can expect of him if he for it, as Yogi Berra said. You can look cal responsibility in the face of our is confirmed to the Ninth Circuit Court it up. Mr. VanDyke himself stated in staggering national debt, which stands of Appeals. That ideological, rightwing, an email to the Federalist Society that at over $23 trillion. extremist image and record are exactly this statute was ‘‘ill-advised’’ and that No Budget, No Pay is moving why he has been nominated by the he could not come up with ‘‘any plau- through Congress with bipartisan sup- President, who has outsourced many of sible (much less good arguments)’’ to

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.037 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6936 CONGRESSIONAL RECORD — SENATE December 10, 2019 defend that State’s law. That didn’t The PRESIDING OFFICER. The Sen- safe. Let me tell you what I am talking stop Mr. VanDyke from defending the ator from Connecticut. about. law nor did it stop the Federalist Soci- Mr. MURPHY. Mr. President, I join First and foremost, he was a vocal ety from providing him with the help my colleague from Connecticut, Sen- proponent of something called the he had requested in contriving argu- ator BLUMENTHAL, and others in urging Firearms Freedom Act. As solicitor ments and concocting ill-founded my colleagues to oppose the nomina- general of Montana, he argued that the claims to support the law. tion of Lawrence VanDyke. Federal Government should not have When Mr. VanDyke wants a par- I may risk repeating some of the the power to regulate gun ownership in ticular outcome but can’t figure it out ground that has been covered by Sen- his State of Montana. himself or he can’t find the legal path ator BLUMENTHAL, but I think it is im- This is a political cause that is pick- to it, he turns to the Federalist Soci- portant enough that we reiterate over ing up steam in some conservative cir- ety for answers. There is no great mys- and over the dangerous nature of this cles around the country, but it is still tery here about how he will act when particular nomination. a radical notion, the idea that the Con- he is faced with similar situations if he I have come down to speak on the gress can pass a law restricting who is confirmed as a judge for the Federal floor in opposition to maybe only a can own a gun or what kinds of guns Court of Appeals for the Ninth Circuit. handful of the President’s judicial can be owned and that a State can just Unfortunately, Mr. VanDyke’s pro- nominees. In fact, if you look up the claim those laws are not valid in that motion of the NRA’s extreme positions voting record, I probably am amongst a State. That is what Montana was at- is far from the only plank of his far- very small handful of Democrats who tempting to do, and that is what Mr. right agenda. He has made many state- have routinely voted for the Presi- VanDyke was pushing—the idea that ments that are hostile to LGBTQ dent’s nominees—not just judicial that State was just going to conven- rights, including questioning the abil- nominees but also his appointments to iently avoid enforcing Federal firearms ity of gay parents to raise children and positions in his administration. acts and laws. That position is unconstitutional, suggesting that protecting LGBTQ Often in committee, I am the only and Federal courts have held that it is rights is an affront to religious liberty. Democrat supporting some of the unconstitutional, but that didn’t stop He has fought tirelessly to uphold President’s nominees and appoint- Mr. VanDyke from pushing what is es- State bans on gay marriage, and he has ments, and that is because I have come sentially a political cause—the idea fought to allow discrimination against to the conclusion that this body should that one of the ways to stymie Federal LGBTQ people in public accommoda- give deference to the administration action on guns is to just convince tions. His open hostility to LGBTQ and to the President when it comes States to pass laws saying they won’t people was one of the main reasons the particularly to filling the positions of enforce Federal laws. That is a very ABA rated him ‘‘not qualified.’’ Not those who work for him in political ap- pointments but to a degree as well in slippery slope to go down—certainly on only is it clear how he would rule on the issue of enforcement of firearms the judiciary. issues relating to those rights, but the laws, but it is a slippery slope to go ABA was not even confident that he So I put my votes where my test is, and probably with only two or three down with respect to any Federal laws could treat LGBTQ litigants fairly re- that States may want to ignore or in- gardless of the issue before him. That exceptions in the Democratic caucus, I have voted for more of the President’s validate. is disqualifying. Second, Mr. VanDyke has taken a po- nominees than the rest of my col- Mr. VanDyke is also an ideologue on sition opposing the constitutionality of leagues on this side of the aisle. My reproductive rights issues. His adher- restrictions on the sales of certain test is pretty simple. One, I want indi- ence to his extremist positions against types of weapons. women’s healthcare and reproductive viduals who are qualified. Obviously We have big disagreements here as to rights has blinded him to the need qualifications are sometimes in the eye which kinds of weapons should be sold about these rights. In 2013, he signed an of the beholder, but I want folks who commercially and which kinds of weap- amicus brief that stated: ‘‘A growing know something about the job they are ons should be reserved for law enforce- body of scientific literature shows that about to undertake or have some set of ment and the military. I believe that a fetus can suffer physical pain at 20- skills that will be relevant. Second, I semiautomatic, assault-style weapons weeks’ gestation.’’ That view was re- want to make sure the candidates we like the AR–15 are best left in the jected emphatically by the American are reviewing for judgeships or admin- hands of those they were designed for— College of Obstetricians and Gyne- istration posts are not out of the main- soldiers and law enforcement. Many of cologists, which felt compelled to put stream—I mean the conservative main- my Republican colleagues don’t agree. out a statement that laid this dan- stream. I don’t want folks who have But that should be a debate we have gerous ‘‘fetal pain’’ myth to rest. radical points of view. here, and I simply do not believe our Whether he cannot tell the difference Mr. VanDyke doesn’t pass that test Founding Fathers would accept the between fact and fiction or simply feels as far as I am concerned, and that is premise that the Constitution restricts comfortable misleading the court, this why I chose to come down to the floor our ability to decide what kinds of kind of behavior is disturbing for a and express my opposition to his nomi- weapons should be in civilian hands Federal judicial nominee. Ordinarily, nation. In particular, I do not believe and what kinds of weapons should be in this kind of indifference to the truth Mr. VanDyke is within the mainstream the hands of the military. There was would be disqualifying for a Federal when it comes to his positions on the all sorts of gun regulation happening nominee. Ordinarily, blind adherence issue of gun violence. at the time of the passage of the U.S. to ideology would be disqualifying for Obviously this is a personal issue not Constitution. They were not unfamiliar any nominee to an important position just to me but to everybody in this with the idea that government was of trust and respect. Ordinarily, the Chamber, and we have a lot of disagree- going to have a hand to play in regu- fact that a nominee is unqualified ment—maybe a narrowing set of dis- lating firearms, and I reject the idea would be disqualifying itself. Yet, for agreements on the policy surrounding that the Constitution bars us from hav- Mr. Trump, these are not disqualifying what we should do to better protect ing those debates. flaws. They are, in fact, the reasons for this country against the growing Mr. VanDyke has spent a lot of time his nomination. scourge of gun violence. But Mr. Van- arguing that the Constitution prohibits So let’s send the White House a mes- Dyke has held a position that would Congress from acting to keep dan- sage that we will insist on qualified take away from this body the ability to gerous weapons out of the hands of ci- nominees. They may have views that keep our friends and our neighbors and vilians. It is one thing to have a policy are different from ours, but they our constituents safe. Mr. VanDyke’s objection; it is another thing to put should be qualified to hold these life- record as a candidate for the supreme somebody into the Federal court sys- time positions of trust on our Nation’s court and as solicitor general was to tem who doesn’t think we should have highest courts. I hope that we will re- endorse views outside of the main- ownership as a political body of a ques- ject Mr. VanDyke’s nomination. stream that would take away from us tion that is inherently political, not I yield the floor. the ability to pass laws to keep people constitutional.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.038 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6937 I come to the floor to point out just ada supports about 13 million jobs in when you take away all the spin, there a handful of ways in which Mr. the United States alone, and the are some key findings in this report VanDyke’s record, I believe, is outside USMCA will improve that NAFTA that should be of grave concern to of the conservative mainstream when trade agreement, create more jobs and every American—Republicans, Demo- it comes to guns. I think he holds posi- more prosperity. I will be looking to crats, unaffiliated. If you are an Amer- tions that would make even NRA-en- see what this looks like in writing. ican citizen and you care about civil dorsed Republicans in this body a little We had Ambassador Lighthizer, the liberties, you should care about what is uncomfortable, especially this idea Trade Representative, on the con- in this report. that States can nullify Federal fire- ference call this morning trying to go First of all, there are errors and inac- arms laws. through some of the top lines, but I am curacies in something called a foreign Although I think there are many rea- still reviewing the details of this agree- intelligence surveillance warrant. Peo- sons to draw issue with this particular ment to ensure that it is in the best in- ple may not realize it, but the intel- nominee, I put this set of issues at the terest of my constituents, Texas farm- ligence community cannot open up an top of the list. Again, this is coming ers and ranchers, manufacturers, and investigation on an American citizen from someone who has spent a lot of consumers. unless they get a warrant issued by a time supporting the President’s nomi- GOVERNMENT FUNDING judge upon the showing of probable nees with whom I have big policy dis- Mr. President, as you heard from the cause to believe that a crime has been agreements. I think this is beyond a Senator from Oklahoma, we are just 10 committed. question of policy disagreements. This days away from a complete govern- Now, the law is different when it is someone who is going to bring some ment shutdown unless we reach some comes to non-citizens overseas, and pretty radical ideas on what the Con- sort of agreement on spending bills. We that is what the Foreign Intelligence stitution allows States to do and what thought we had taken care of this last Surveillance Act purports to cover, the the Constitution allows this body to do August when Democrats and Repub- procedures and the protocol and the when it comes to keeping our constitu- lican Senators and House Members oversight of that very delicate yet very ents safe. agreed to a top line of spending, but important process. I would urge us to oppose Lawrence unfortunately, after the August recess, One of the things that gives me as- VanDyke’s nomination. our Democratic colleagues walked that surance that our intelligence commu- I yield the floor. back and led us now up to the precipice nity is operating within its guidelines The PRESIDING OFFICER. The Sen- of, yes, another government shutdown. and the law is the oversight that Con- ator from Oklahoma. RUSSIA INVESTIGATION gress provides on a regular basis. It is (The remarks of Mr. LANKFORD per- Mr. President, on top of all of this, the laws we pass, like the Foreign In- taining to the introduction of S. 3009 the Justice Department Inspector Gen- telligence Surveillance Act. It is the are printed in today’s RECORD under eral, Michael Horowitz, yesterday re- work being done by the committees, ‘‘Statements on Introduced Bills and leased his report on the counterintel- the Select Committee on Intelligence. Joint Resolutions.’’) ligence investigation of the Trumbull I see Senator WYDEN from Oregon Mr. LANKFORD. I yield the floor. campaign and any potential contacts who serves and served with distinction The PRESIDING OFFICER. The Sen- with Russia. on that committee for a long time, but ator from Texas. We know Director Mueller, Special those intelligence committees, both in Mr. CORNYN. Mr. President, let me Counsel, has concluded after about 2 the House and the Senate, provide es- begin by commending our friend from years that there was no collusion, no sential oversight of our intelligence Oklahoma for his patience. It takes a obstruction, but this was an investiga- agencies to make sure they stay within lot of patience to get things done tion of something called Crossfire Hur- the hashmarks, to stay within the around here. It also takes a lot of per- ricane, which is a counterintelligence guardrails that Congress prescribes severance. Sometimes I think that if investigation by the FBI that ulti- under the law. you can’t convince people, maybe you mately led to the appointment of the Then there are the internal rules can just wear down their resistance special counsel. used at the FBI, the National Security over time. But this is an idea whose I want to talk a little bit in advance Agency, the Central Intelligence Agen- time has come, and I congratulate our of Inspector Horowitz’s appearance be- cy, that they have to comply with, friend from Oklahoma and Senator fore the Judiciary Committee tomor- their own internal guidelines derived HASSAN and would love to join them in row because it is very, very important. from the authorities Congress provides. supporting their effort. Thank you. We may recall that this process started Then there is a very important court IMPEACHMENT about a year and a half ago after specu- called the Foreign Intelligence Surveil- Mr. President, as you heard from the lation over the motivation and the lance Court. When the FBI believes Senator from Oklahoma, this has been methods of the FBI in opening up an they have to open an investigation into another wild week in Washington, DC. investigation on President Trump a potential intelligence matter, they It looks like the House is working to when he was still Candidate Trump. can apply for a foreign intelligence sur- remove the President of the United The 2016 election was historic in many veillance warrant, which opens up au- States and that their work is nearing ways, but one of the ways in which it thorities they can use to gather intel- the finish line. was historic in not a positive way was ligence to investigate this threat to na- This morning, the House Democrats the fact that both Presidential can- tional security of the United States, unveiled articles of impeachment, and didates were under active FBI inves- but it is a very laborious and detailed it looks like the Judiciary Committee tigations leading up to the election— process. is headed for a vote later this week. I Hillary Clinton, for her use of a private They have to apply to the court, and assume that means it will come to the email server. the court relies on the representations floor of the House next week before We saw the press conference held by made in that application. That is why they leave. Director Comey on July 5, I believe it you have heard so much discussion in On top of that, this morning, Speaker was, only to reopen the investigation recent months and even years about PELOSI announced that House Demo- publicly days before the election. You the foreign intelligence surveillance crats and the Trump administration can imagine how Secretary Clinton felt application issued on some of the peo- had reached an agreement on the about Director Comey’s actions and ple affiliated with the Trump cam- USMCA—the United States-Mexico- what potential influence it had on the paign, including a man named Carter Canada trade agreement—which would outcome of the election, but now, de- Page. These documents are submitted be the successor to NAFTA. pending on which TV channel you to a Federal court to determine wheth- In my State, NAFTA is not a dirty watch or what sort of social media feed er the government should have access word, and indeed, I believe, by the that you subscribe to, there are vastly to what would otherwise be private Chamber of Commerce figures, which different narratives about what this in- communications. indicate that NAFTA and trades be- spector general report that spans 400- In this instance, the question was: tween Mexico, United States, and Can- plus pages does or does not prove. But Was there any indication Mr. Page was

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.039 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6938 CONGRESSIONAL RECORD — SENATE December 10, 2019 an agent of a foreign power and im- Steele dossier was a piece of opposition spector General, detailing actions his properly using his relationship with research produced by the Hillary Clin- agency will take to strengthen the the Russian Government and the Rus- ton campaign against Donald Trump. FISA processes and make these docu- sian intelligence services to become a What they did is they hired a former ments less susceptible to errors or in- threat to the national security of the intelligence agent from the United tentional alterations. I appreciate the United States? Kingdom, Mr. Steele, to generate what Director’s acknowledgement of these I would think we would all agree, as has now been called a dossier. I want to problems under the agency’s previous a fundamental matter, that spying on remind my colleagues that, when At- leadership and his commitment to pre- an American citizen is no small thing, torney General Barr testified before venting similar errors and alterations. but that is what we are talking about the Judiciary Committee earlier this That brings me to another concern. here. There are strong and exhaustive year, I asked him if he could state with This has to do with something called processes in place to prevent the gov- confidence that the Steele dossier was the defensive briefings. This is some- ernment from abusing the powers pro- not a part of a Russian disinformation thing that Loretta Lynch, the former vided under the Foreign Intelligence campaign, and the Attorney General Attorney General, said was routine in Surveillance Act, and that supports said, no, he could not make that state- counterintelligence matters. Let me where the Foreign Intelligence Surveil- ment with confidence. explain for a minute. lance Court comes into play. He told the committee that this is The FBI provides many different This court, like most courts, relies one of the areas he was reviewing as functions. We are most familiar with on the honesty and the accuracy and part of his investigation, but he said, its law enforcement investigation func- the completeness of the information ‘‘I don’t think it’s entirely specula- tion. They investigate potential crimes provided to do its job properly, but we tive.’’ and present that to the Department of know in the case of the Carter Page ap- The inspector general touched on Justice, which then decides whether to plication, there were a multitude of er- this in his report but noted that an in- charge a person with a crime. That is rors. In fact, the inspector general has vestigation of this dossier falls outside one of the most important roles the identified 17 errors in the four different the scope of the inspector general’s FBI plays. But it also plays a very im- applications for a warrant under the oversight role. His job is primarily to portant role when it comes to counter- Foreign Intelligence Surveillance Act. do oversight of the FBI and the Depart- intelligence; that is, countering the One of them jumps out at me because ment of Justice and not to investigate malign activities of foreign nations it involves a lawyer in the general these outside matters. But we need to like Russia and China and the threats counsel’s office at the FBI altering a know with confidence whether this they pose to our national security. government record and intentionally Steele dossier was part of a Russian What Loretta Lynch told us is that deceiving the FISA court about Carter disinformation campaign. We are all these defensive briefings are fairly Page’s involvement with the intel- profoundly concerned about foreign standard. It is an opportunity for the ligence community—in this case an- countries becoming involved in our FBI to advise the target of these other member of the intelligence com- elections, and there was no more intru- threats by a foreign influence so that munity, a Federal agency. But this sive means of getting involved in the they can take steps to protect them- lawyer with the FBI Office of General 2016 election than the generation of selves. We know that both candidates, this dossier. We need to know its provi- Counsel intentionally altered that Hillary Clinton and Donald Trump, re- dence. We need to know whether this ceived something called the defensive record so that, in the application for was planted by our adversaries in order briefings in August of 2015. the FISA warrant, the FBI would lit- to create distension and discord, which The defensive briefing for the Trump erally be relying and deceiving the has been obviously the result of this in- campaign lasted 13 minutes, according FISA court about the facts. That is a vestigation for the last 3 years. So I to this report. It was a check-the-box, grave and serious and profound prob- hope Attorney General Barr or U.S. At- perfunctory defensive briefing. I am lem. torney John Durham will be able to confident the FBI did not come in to We know there are a number of other provide clarity on this topic. tell President Trump, then-Candidate errors. That is hardly an error. That is This is especially important consid- Trump: The Russians are checking the an intentional act for which I under- ering we learned from this 400-page- doors and the windows, and they are stand the gentleman who made that plus report that the dossier played a trying to break into your campaign. doctored email has now been referred central and essential role in the FISA You need to tell these people who are for a criminal investigation and per- process. As time went on, a new and affiliated with your campaign to keep haps prosecution for intentionally vio- even exculpatory or innocent informa- their eyes open and to knock off their lating the FBI’s policy and providing a tion was discovered. We know that the association with these likely Russian deceptive piece of information to the information provided by the FBI in intelligence officers. FISA court. these renewal applications for this At the time, the FBI believed the Willingly, I know Mr. Horowitz is FISA warrant were not correct. Russians were infiltrating the Trump going to be asked about political bias, Well, the inspector general failed to campaign. The FBI should have told and he says there is no documentary or resolve whether the FISA was improp- them, but they didn’t. So this is dif- testamentary indication of political erly issued, but the report suggested ferent from a criminal investigation, bias, but I think what this report dem- the FISA board is considering this as I said. onstrates is something a lot more seri- question, as well it should. I have never The FBI was presented with a couple ous than political bias. It demonstrates sat on a FISA court, but I have spent 13 of options when it came to advising the an abuse of power that ought to con- years as a State court judge. When you Trump campaign. One was to provide cern every American citizen because, if lie to a judge, that judge takes it seri- as much information as possible so these rogue agents at the FBI—pri- ously, and they have contempt powers that they could have given a real, con- marily the leadership of the FBI—can and other recourse when that happens. structive briefing about known threats do this to a Presidential candidate, So it is essential that the FISA court and sufficient information to help the Donald Trump, or the President of the weigh in. Trump campaign mitigate the threat. United States, they can do it to any Let me say once again, no American But that is not what the FBI did. one of us. What sort of power would we should be subjected to this kind of Option two was to provide a generic have if the might of the Federal Gov- abuse of power by their own govern- briefing—no specifics, no names, no ernment was concentrated in a raid ment. That is why we need to restore real details, just a generic warning against us in this sort of investigation? the public confidence in the FBI. I be- that foreign governments are actively That is why we must take these sorts lieve Director Chris Wray has begun working to interfere with the election of failures and intentional deceptions that process and make sure that these and maybe a little lecture about cyber very, very seriously. types of egregious errors and inten- hygiene and why you should change Well, to make matters worse, we tional acts do not become the norm. your passwords, maybe get dual au- know this application relied on the Director Wray sent a letter to the thentication when it comes to access- deeply flawed Steele dossier. Well, the Department of Justice’s Office of In- ing websites and email, and not to

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.041 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6939 click on those phishing emails that we I am sure folks can’t really see the tightrope. Every month they are bal- all get from time to time that could specific numbers here, but this trend ancing their food against their fuel unload a Trojan horse or some other line is what is important, taking fig- bill, their fuel bill against their malware onto your computer. But that ures from the Census Department—peo- healthcare. One injury, one illness, is not what FBI did here either. ple who are not political; they are not could be financially devastating for Somehow, the FBI managed to come Democrats or Republicans. What this these kids and their families, and it up with a third option, as documented chart, based on census data shows, is can be a major setback for kids for in this report. They used this briefing that, for year after year after year, we years, if not for the rest of their lives. not as a way to alert the Trump cam- saw the number of uninsured kids in How is a sick kid supposed to succeed paign of potential threats from Russian America go down. That is something I in school and get ahead if they are un- intelligence services; they used it as an think was important for our country. able to see a doctor when they have se- opportunity to conduct an investiga- It said a lot about our values, and it rious illnesses? tion against General Flynn, who certainly said a lot about our I have mentioned that I know the worked on President Trump’s cam- healthcare system. two sides—this side of the aisle and paign. They were even so bold as to in- Sure, we are going to spend more that side of the aisle—can work to- sert one of those investigatory than $3.5 trillion on healthcare. If you gether to find common ground on chil- agents—part of the Crossfire Hurricane were to divide that up into 320 million dren’s healthcare. investigative team—into that briefing Americans, you can send every family At the end of his service, Chairman with President Trump and his cam- of four a check for $40,000. So we are Hatch—who, as my colleague the dis- paign. spending enough on healthcare, but we tinguished Presiding Officer knows, Knowing that the FBI did that in this are not spending it in the right places. cared greatly about kids; he was very case, I can’t imagine many campaigns In particular, I wanted to come to involved with the late Senator Ted that would want a defensive briefing the floor—and I am glad to see my Kennedy and others in coming up with because you, frankly, couldn’t trust friend, the Presiding Officer, who has the children’s health plan—said: We the intentions of these officials. Would worked with me on a variety of want to set a record. We want to get a you believe that they were there to healthcare issues; we have some areas 10-year extension of the Children’s share intelligence and help you protect we are going to be talking about in the Health Insurance Program. American national security or conduct days ahead. To me, one of the areas of We managed to do it. But if you cut an investigation, unbeknownst to you? healthcare, until recently, we could all the services for people to find out how When we talk about the need to se- take pride in was this chart, which no- to get enrolled, stay enrolled, and if cure our elections from foreign inter- body could really see, but it showed there are changes in programs, those ference, you can’t, in the process, de- this trend line in which the number of changes in policy, which took place stroy public confidence in all of our in- uninsured kids was going down. when the Trump administration came Unfortunately, in the Trump admin- stitutions, including the FBI. to Washington, rippled through very I want to be clear. I am glad Director istration, that trend line of years and quickly to communities across the Wray addressed these defensive brief- years and years of more kids getting country where vulnerable Americans healthcare coverage has been reversed, ings yesterday, among other matters. I depend on getting good quality and now more kids are uninsured. have confidence in Director Wray, and healthcare. I just think it is uncon- How did the Trump people do it? scionable. I think a new leadership in the FBI They are not going to stand up in front since all of this terrible period oc- As I mentioned earlier in my re- of a government agency and say: Oh, marks, for a country with the re- curred has been encouraging. we just don’t like kids. But what they Director Wray has clarified what his sources America has, you wouldn’t step did is hurt those kids and their parents predecessors clearly missed, saying: in if you saw this trend of progress— by keeping them in the dark for years fewer uninsured kids—suddenly be re- ‘‘The FBI’s role in these briefings while there were efforts, bipartisan versed. And it really happened very should be for national security pur- ones—my friend, who joined the Fi- quickly. When the Trump administra- poses and not for investigative pur- nance Committee recently, knows that tion took over, you would say: Hey, poses.’’ our previous chairman, Senator Hatch, This report has left me with a num- let’s get Democrats and Republicans worked with me for a record-setting ex- together, pull out all the stops to fix it, ber of questions and a lot of concerns, tension for the Children’s Health Insur- and get the trend line going in the and I am glad we will have the oppor- ance Program. The efforts to expand tunity to ask Inspector General Horo- coverage for kids were all bipartisan— right direction again with more kids witz more about this report tomorrow always—going back, really, for decades getting healthcare coverage. We would in the Judiciary Committee. now, particularly on the Finance Com- have had to take on the Trump admin- It is important that we get to the mittee. istration here in the Congress. We bottom of concerted efforts to deceive I think of the late Senator John would have had to take on all of those the Foreign Intelligence Surveillance Chafee and the late Senator John programs in which the Trump adminis- Court and the use of salacious and Heinz—people whom I admire so tration made it harder for kids to get unverified materials in order to justify much—and they always wanted to find enrolled and to stay enrolled, but it the issuance of these very sensitive common ground, Democrats and Re- would have been the right thing. It FISA warrants. publicans, working for children. But would have been the right thing for I believe some of the actions the in- now the Trump administration, in the Democrats and Republicans in the Con- spector general has identified under- dark, has come up with proposals that gress to step in and take on the Trump mine public confidence in our public have made it harder for parents to sign administration and say: Look, we un- safety and national security measures, up their kids, harder for them to stay derstand there can be debates and dif- and that is something we should all be enrolled, and harder for these fami- ferences of opinion, but you don’t score willing to fight for. lies—parents with young kids—to even points by attacking the services for I yield the floor. know about their rights, their rights to children available under the Affordable The PRESIDING OFFICER. The Sen- healthcare. Care Act. ator from Oregon. So now, as a result of the Trump ad- I am going to keep working to re- HEALTHCARE ministration’s reversing this trend of verse this crisis. My colleagues have Mr. WYDEN. Mr. President, when the years and years of expanded coverage been coming from this side of the aisle Trump administration comes to an for kids, we have hundreds of thou- all through the day to talk about this end, it is going to leave behind a host sands of parents clinging to the hope scourge: the reversal of the trend in of sad and, I would consider, shameful that their kids don’t get hurt on the this country with respect to healthcare legacies, and right near the top of the playground, catch flu in the classroom, coverage. We used to be expanding it list will be the shocking number of or worse. for kids. Now it is going the other way. children who have lost healthcare cov- We know that this falls hardest on The amount of coverage is being re- erage under this administration. the families walking an economic duced.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.043 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6940 CONGRESSIONAL RECORD — SENATE December 10, 2019 I just want to say, as the ranking My hope is that their debates around Nashville artists and songwriters are Democrat on the Senate Finance Com- the kitchen table are sometimes less being paid fairly for the work they are mittee, which has jurisdiction over heated than ours, and certainly I hope creating. We are pleased that these are many of the healthcare programs that that their Thanksgiving table debates all things we have worked hard on, and are most important for kids and fami- were less heated than some of these we see these as priorities. lies on an economic tightrope, I and I that you see taking place here. When it comes to a legislative agen- know my colleagues on the Finance Tennesseans, like a lot of Americans, da that has taken much of my time, I Committee—several of whom have spo- when they end up talking about what started this term in the Senate work- ken over the last few days on this sub- we are or are not doing here in Con- ing on some things that protect the un- ject—would be glad to work with any gress, they revert back to first prin- born, much as I had done in my service Republican in this Senate who wants ciples. I cannot tell you the number of in the House. The first bill I introduced to turn this around. If any Republican times over this past holiday that I over here was the Title X Abortion is listening to this and wants to come heard people say: Look, for me, it is all Provider Prohibition Act, and this is to the floor and say: I am interested. I about freedom. It is all about defending something Tennesseans wanted to see am interested in turning around this the freedoms that we have—protecting done to make certain that tax dollars ominous trend. I am interested in turn- that life, liberty, and pursuit of happi- would not be used to fund or support ing around this trend where healthcare ness. abortion providers, and it would not go coverage for kids is going down, and I They are looking at that. It is fair to to those clinics. want to work with Democrats to do it, say they think in the long term. While What Tennesseans wanted to see was I will commit, as the ranking Demo- many times I think the media here in those tax dollars being put to work in crat on the Finance Committee, to say: DC just follows that shiny object story rural healthcare and enable access to Thank goodness. We have to get on of the day, whatever is generating healthcare for women and for individ- this. This is too important to our coun- clicks and likes and headlines, that is uals who did not have access to basic try and to our future to just sit idly by where they are, but Tennesseans are healthcare needs. Our State has been and say we are going to reduce the not focused that way. What they would hit hard by rural hospital closures, and number of kids who are getting like to see is for our actions here in thousands of Tennesseans are now healthcare coverage because we are not Washington to be taken in a way that forced to drive miles out of their way going to give parents the opportunity are going to keep them and their to seek basic care. I will tell you, this to find out how to get enrolled and neighborhoods and their friends safe is concerning, especially for the people stay enrolled and know what their and secure and healthy and free and living in the most remote areas of the rights are. keep them out of the reach of govern- State for whom there is no such thing A country as strong and good and ment overreach, if you will. as a quick ride or a quick ambulance rich as ours ought to be looking for As someone said to me last weekend, trip to the hospital. It is miles of trav- every possible opportunity to help kids ‘‘I just want the Federal Government el sometimes, when those minutes are get ahead in life. That, in my view, off my back and out of my pocketbook. very precious and they feel that time is starts with access to healthcare. Right I want to be able to keep working and passing quickly and it is critical to get up at the top of the list, it starts, in keep growing my business.’’ A lot of to that care. my view, by saying that this trend people are there. As part of my work this year, I have line, which after years and years of Now, we have seen movement this worked on and developed a rural health showing more kids were getting cov- week. A very good thing that has hap- agenda, which has earned bipartisan ered, is now going the other way, and pened is the National Defense Author- support here. I thank Senator DURBIN fewer kids are getting covered. We are ization Act. I know that Madam Presi- for his work with me on this. I will tell going to say, as a body in the U.S. Sen- dent has worked tirelessly on this, as you, this is legislation that, yes, it has ate: We are going to change that, and have I, for all of our military commu- bipartisan support here, but it has a lot in a country that is as strong and good nity members in Tennessee. We have of support scattered around the coun- and rich as ours, those vulnerable fami- been very pleased that we are going to try. lies are going to be able to get see Fort Campbell and the divisions What this will do is support the es- healthcare again. that call Fort Campbell home getting tablishment and expansion of medical I suggest the absence of a quorum. the funds and the equipment they need facilities in rural areas. It will help The PRESIDING OFFICER (Ms. in order to protect themselves and to doctors and other medical practi- MCSALLY). The clerk will call the roll. do their jobs—whether it is Chinooks tioners set up shop outside of the more The senior assistant bill clerk pro- or more training capacity or equip- convenient and lucrative urban bub- ceeded to call the roll. ment and also an emphasis on making bles. It also will enable telemedicine so Mrs. BLACKBURN. Madam Presi- certain that we are keeping their that you are taking healthcare out to dent, I ask unanimous consent that the homes safe so those families are safe in these areas that have a difficult time order for the quorum call be rescinded. that military on-post housing, that getting in. The PRESIDING OFFICER. Without privatized housing, while their loved Speaking of the urban bubble, a lack objection, it is so ordered. ones are deployed. of access to healthcare isn’t the only LEGISLATIVE WORK While we are looking at other compo- thing that is causing headaches right Mrs. BLACKBURN. Madam Presi- nents of the NDAA, Tennesseans have now in rural America. Here, in Wash- dent, it has been so interesting today been very concerned and are very ington, we don’t have to worry about to hear my colleagues talk about the pleased, I will say, about what has having a reliable phone signal or an things we have done this year, the transpired with Oak Ridge National internet connection. We are really for- things we have to get done before the Labs and Y–12. Oak Ridge is a treasure tunate in that regard. We know when end of the year that haven’t been ad- for our Nation, and much of the re- we click on, it is just going to work, dressed yet, and then things that need search in supercomputing and but outside of America’s metropolitan to be addressed this next year in 2020. hypersonics is being done there. areas, communities that lack these re- I will tell you, 2019, for me, I look at Also, in the Senate this year, we are sources are falling behind. My Internet it as, I would say, successes and stalls paying attention to the implementa- Exchange Act will ensure that rural and then some forward motion on some tion of legislation very important to areas are able to build and maintain really important pieces of legislation. our songwriters. I know you have heard the infrastructure needed to support To get there, we really have had some me say, time and again, that Middle high-speed internet connections, which fairly intense debates, which have Tennessee, Nashville, is one of the will in turn support business growth prompted our constituents and those most creative communities on the face and e-commerce and encourage invest- back in Tennessee to have their own of the Earth and home to more song- ment from outside corporations look- discussions about what they think is or writers than anywhere else on the face ing to expand. is not happening here in Washington, of the Earth, and the Music Moderniza- You cannot have 21st century edu- DC. tion Act is going to make certain that cation, economic development,

VerDate Sep 11 2014 07:17 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.045 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6941 healthcare, or law enforcement with- IMPEACHMENT 2017, Senator GRAHAM, Senator FEIN- out access to high-speed internet. Con- Madam President, House Democrats STEIN, and I were permitted to review tinuing to close that digital divide is a announced that they are moving to im- the four FISA applications in which priority, and I thank my colleagues for peach President Trump for—in their the FBI sought authority to surveil the good progress we have made this words—abuse of power. When all of this former Trump campaign staffer Carter year. started, Democrats said the President Page, as well as a number of classified Of course, that connectivity comes committed a quid pro quo, but that documents relating to Mr. Steele. with a price. Opening ourselves up to didn’t poll very well among the Amer- I also directed my staff to look in the online world means opening our- ican people. At that point, the House public places that others were ignor- selves up to the possibilities of cyber Democrats switched to an accusation ing. That led us to Mr. Steele’s court attacks. This is a problem we have to of bribery against the President. filings in London. What my staff found approach as a matter of national secu- Maybe that didn’t poll well either or was that Mr. Steele had admitted to rity, as well as on the corporate side maybe they discovered that history passing some of the contents of his dos- and in our homes. doesn’t support their definition. Fi- sier far and wide to media organiza- In addition to funding for military nally, they settled on abuse of power. tions. That raised a very important pay raises and upgraded equipment, It is kind of like a Goldilocks im- question about whether information this year’s NDAA, or the National De- peachment. The ‘‘quid pro quo’’ bowl Steele gathered was open to manipula- fense Authorization Act, includes sup- was too cold, and the bribery bowl was tion or just part of one big feedback port for the assessment and expansion too hot. But, apparently, abuse of loop. of our cyber warfighting capabilities. power tastes just right, while the We also learned that, according to As I said, that is only one very impor- American people are increasingly get- the FBI, Steele had told the FBI he had tant part of the equation. While I was ting a bad taste in their mouth about not spoken to the media about his find- serving in the House and before I came the Democrats’ partisan impeachment ings, and that was in direct contradic- to the Senate, I worked on legislation story. tion to what he said in court in Lon- that will get consumers all the infor- RUSSIA INVESTIGATION don. mation they need in order to make a Madam President, I want to com- After reviewing all of this informa- decision about how they want to share ment on the Horowitz report, out yes- tion, Senator GRAHAM and I wrote a their private information and to whom terday. On Monday of this week, the letter referring Mr. Steele to the FBI they want to give access to that infor- Justice Department inspector general for potential violation of 18 USC 1001. mation. released his report on the Justice De- That section of the code makes charges Once passed, my bipartisan BROWS- partment and the FBI investigation of lying to the FBI. At the heart of our ER Act will give consumers more con- into the debunked theory that the referral was an 8-page memorandum trol over how big tech uses their per- Trump campaign colluded with the that laid out much of what we had sonal data. You, the consumer, should Russian Government. I have pushed to learned from my investigative efforts be able to own your virtual you. You shine a light on the origins of the FBI at that point. should be able to protect your presence Russia investigation for more than 21⁄2 We now know from the IG report that online, just as you are able to protect years. You can see that it has been a the FBI top brass was aware of Mr. your being yourself in the physical long road. Steele’s statements to the British space. When information is embarrassing, court in spring 2017, but the FBI never In return, tech companies will be free the FBI has a way of fighting tooth and accessed those filings and never consid- to innovate and use that data to build nail to keep it all secret, to keep it ered telling the Foreign Intelligence their platforms, and that is what helps Surveillance Court that its assurances make them profitable—new innova- heavily classified. The FBI is hiding tions. They can do that as long as they behind vague procedural excuses about about Steele’s third party contacts respect your wishes on how you want protecting the integrity of ongoing in- were in fact wrong. As soon as the referral went out, I them to use your data. vestigations and all kinds of excuses As head of the Judiciary Committee’s not to come forth and not to let public began pushing the FBI to declassify as tech task force—and I do thank Sen- information come forward that might much of those referrals as possible. The ator FEINSTEIN for her leadership in embarrass them. FBI resisted my efforts every step of leading this group at the Judiciary In this case, they put up a wall. You the way because this is probably going Committee—I have had the privilege of have to keep swinging in order to crack to be very embarrassing to them. bringing both sides together on this de- that wall. I started looking into the My fight to make information in the bate and to the table to have produc- origins of the FBI’s corrupt Russia in- referral memo public was helped along tive discussions on how to responsibly vestigation way back in March of 2017. very directly by President Trump, who regulate big tech. I look forward to At that time, it became clear that the declassified a memo prepared by the continuing that in the New Year. FBI had used Christopher Steele’s work House Intelligence Committee that As we draw to a close, I remind my to investigate then-Candidate Donald touched a number of the same topics. colleagues that in Tennessee people re- Trump. This was all done even though In February 2018, Senator GRAHAM mind me regularly that we are a gov- the FBI knew that Steele was working and I also wrote Inspector General ernment of the people, by the people, for an organization called Fusion GPS. Horowitz to call his attention to every- and for the people. As we talk about Fusion GPS is an opposition research thing we had learned and request that things that have been done this year firm paid for by the Democratic Na- he conduct a comprehensive review of and things that we need to do before tional Committee and the Clinton cam- improper political influence, mis- the end of the year—things like getting paign. The FBI knew that. conduct, and mismanagement of the VAWA passed—we need to remember When the FBI didn’t answer my ques- FBI’s Russia investigation. that for all of the shiny-object stories tions, I used my authority as chairman My efforts have been based on my in- that circulate around here every single of the Senate Judiciary Committee to vestigative activity and also the over- day, the people back home are saying: hold up the nomination of Deputy At- riding need for more transparency from Your responsibility is to care for the torney General Rosenstein. That got the American Government because issues that are important to me. That the Judiciary Committee a briefing transparency brings accountability. is where they would like to see us from the FBI. It consisted of a lot of After the release of the Russia re- spending our time. veiled half answers and assertions that port, there had better be account- I yield the floor. somehow Christopher Steele was reli- ability. The inspector general’s find- The PRESIDING OFFICER. The Sen- able. We all know that he wasn’t reli- ings ought to concern every single ator from Iowa. able. I will give details on that shortly. Member of this Chamber because it Mr. GRASSLEY. Madam President, I In June of 2017, I asked the FBI to concerns the American people. We the have one very short remark that I want produce all the FISA applications re- people have a profound, deep, and abid- to make and then longer remarks to lated to its Russia investigation. After ing respect for fundamental constitu- my colleagues. 6 months of wrangling, in December tional rights. These fundamental rights

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.046 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6942 CONGRESSIONAL RECORD — SENATE December 10, 2019 have not been granted or created by until they got the dossier, and then role’’ in the FBI’s investigation, yet it the government. Our rights are God- they kept renewing the warrant despite was filled with inaccurate and very given. Our rights are inalienable, and very clear evidence that the dossier false statements. It is important to re- our rights are self-evident. The inspec- was faulty. member that the FBI knew all of this. tor general’s report shows that despite It looks to me as though the FBI They knew about those faults all the all the checks we put in place to ensure couldn’t get their way, so they used time, and they did nothing to apprise the government will not infringe on whatever information they could, the FISA Court, and they had a respon- those rights without proper cause, it is whether it was false or not, all to ac- sibility to do that. In fact, as it turns still possible for bad actors to lie, for complish their goal. Their goal was out, the FBI actively altered docu- bad actors to withhold information, pursuing an inquiry into the Trump ments to make a better case for them- and for bad actors to doctor documents campaign. selves. in order to get around those safeguards We all know about one of Strzok’s in- The FBI altered documents. One FBI to achieve their own goals. famous text exchanges. Page said this official altered an email from another The inspector general’s report has fi- in the text: ‘‘[Trump’s] not ever going government agency to say that Page nally let some light shine on the to become President, right? Right?!’’ ‘‘was not a source’’ for that agency, wrongdoing that occurred with the Strzok said: ‘‘No. No he’s not. We’ll when, in fact, Page was with that agen- Justice Department and the FBI during stop it.’’ cy. this infamous Russia investigation. These are people involved with the The FBI relied on the false state- Let’s start then with that Steele dos- FBI with a very anti-Trump agenda. ments to renew the FISA warrant. So we go back. The FBI had a plan, sier. The Steele dossier played a very That means that the FBI used Page’s and they would do anything. The FBI work, apparently, for the American ‘‘central’’ and ‘‘essential’’ role in the would do anything to keep that plan Government as evidence that he was a Russia investigation, according to the going. The information loop was con- Russian agent. The FBI couldn’t get inspector general’s report. Those taminated from the start, and nobody their way unless they literally falsified words, ‘‘central’’ and ‘‘essential,’’ come at the FBI seemed to give a rip about documents to the court to spy on an from the report. it. They just wanted to continue the American citizen working for the Before the FBI got it, they tried to investigation into Trump. A part of Trump campaign. That ought to shock open a FISA on Carter Page, and there that investigation included using de- everybody in this country. The con- wasn’t enough evidence, but once the fensive briefings for the Trump cam- science of every citizen ought to be dossier was acquired, that was the tip- paign—Can you believe this?—as a bothered that the FBI can do that. If it ping point for the FBI to tell the FISA means to collect information relative can happen to Carter Page, it can hap- Court that it had probable cause that to the Russia investigation and the pen to any one of us. an American citizen was an agent of a General Flynn investigation. Would The inspector general report also spe- foreign government. you believe that the FBI decided not to cifically identified 17 errors and omis- We now know that this central and defensively brief the Trump campaign sions during the Carter Page FISA essential document was not even a fin- on alleged Russian attempts to inter- process and additional errors in the ished product. The dossier was based on fere with the election—information Woods procedures. Wrong and incom- single-source reporting, and Steele that served as a predicate to opening plete information was passed through wasn’t even the original source. He had this inquiry? But the FBI did decide to the chain of command for those ap- a primary subsource who used multiple use the briefings as an intelligence- proving the FISA warrants. After the sources who, we now know, didn’t even gathering operation. inspector general interviewed within have direct access to the people they Why wouldn’t the FBI simply give the FBI chain of command, the inspec- were reporting on. Some of these the Trump campaign a heads-up on any tor general had this to say: sources were Russian Government offi- and all threats? They were looking out In most instances, the agents and super- cials. We are talking about many, for his safety. Why would they hide the visors told us that they either did not know many levels of hearsay. ball? We know that they did so for or recall why the information was not shared Well, the FBI got around to inter- with the [Office of Intelligence], that the prior Presidential campaigns, so if they failure to do so may have been an oversight, viewing that primary subsource but did it for every Presidential campaign, only after the FBI opened a FISA war- that they did not recognize at the time the why wouldn’t they do it for Trump? relevance of the information to the FISA ap- rant on Carter Page. Think about that, Again, the FBI had a plan, and they plication, or that they did not believe the will you? The FBI used one of the most would do anything to keep that plan missing information to be significant. powerful and invasive investigative going. Regarding that last point, that they tools without first verifying the infor- Another disturbing finding in the re- did not believe the missing information mation it provided the court. The pri- port is that the FBI recorded Page and to be significant, the inspector general mary subsource raised the following Papadopoulos before the FISA warrant noted that ‘‘we believe that case agents issues: One, Steele had reliability was issued. But it is unclear who the may have improperly substituted their issues; two, the primary subsource had FBI used to record them. Did they own judgments in place of the judg- not seen the dossier until it was made work for another government? Was it a ment of [the Office of Intelligence] . . . public; three, Steele misstated and ex- spy? or in place of the court to weigh the aggerated claims; four, the primary Both of these recordings offered ex- probative value of the information.’’ subsource didn’t think his or her mate- culpatory evidence that was withheld That is a very extraordinary finding. rial would be in the report; five, much from the FISA Court. The FISA Court We all know about the politically of the information in the dossier was should have known this information, charged anti-Trump texts that were ex- based on rumors, including conversa- but it didn’t. Included were denials changed among FBI officials who didn’t tions over beers, we are told, or some that anyone associated with the Trump want Trump elected, and they probably of those conversations were made in campaign was collaborating with Rus- hate him to this very day, including an jest; and lastly, six, none of this mate- sia or with outside groups like FBI lawyer who altered documents—an rial in the dossier had been corrobo- WikiLeaks in the release of emails and, FBI agent did this—to support the rated. No. 2, that Page had never met or said FISA application. Clearly, that bias af- After the FBI acquired this informa- one word to Paul Manafort and that fected the decision-making process. In- tion, subsequent FISA renewals contin- Manafort never responded to Page’s deed, the inspector general noted that ued to rely on this same document that emails. To that second point, the dos- in light of the substantial and funda- had lost all credibility, and everybody sier said that Page participated in a mental errors in the FISA process, knew it. They had relied on the Steele conspiracy with Russia to act as an there are ‘‘significant questions regard- information with no revision or notice intermediary for Manafort on behalf of ing the FBI’s chain of command man- to the court that the primary sub- the Trump campaign. None of that in- agement and supervision of the FISA source contradicted Steele. Simply formation is accurate. process.’’ said, that is a fraud on the court. So The Steele dossier served as a—again, Really, it is quite obvious that some- the FBI couldn’t get a FISA warrant these words—‘‘central and essential thing was terribly wrong. For example,

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.048 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6943 Stu Evans, the DOJ National Security We have found out now, during this tration’s fabricated investigation into Division official with oversight of the Russia investigation, that those in the Trump. FISA process, did not even know that FBI—in this decade—did not do that I yield the floor. Bruce Ohr, another DOJ official, had due diligence. We give this with the ex- I suggest the absence of a quorum. been in communication with the FBI pectation that they will provide the The PRESIDING OFFICER. The about the Russia investigation. He court full and accurate information, clerk will call the roll. didn’t know that Ohr had been inter- which they didn’t provide to the FISA The senior assistant legislative clerk viewed by the FBI until he saw the court in regard to the Russia investiga- proceeded to call the roll. Grassley-Graham referral. tion; that they will follow the rule of Mr. MCCONNELL. Madam President, Ultimately, the inspector general law and their own internal guidelines; I ask unanimous consent that the order was not able to interview everyone in- and that they will respect the bound- for the quorum call be rescinded. volved in the chain of command to the aries Congress has set for them, in- The PRESIDING OFFICER. Without extent that the inspector general want- stead of reverting to the freewheeling objection, it is so ordered. ed to do that. For example, James and very heavy-handed tactics that f Comey and Jim Baker, the former FBI they embraced in the past. general counsel, did not request that Most of the hard-working men and LEGISLATIVE SESSION their clearances be reinstated for the women in our Department of Justice interviews. Quite obviously, they and in our FBI today understand and MORNING BUSINESS didn’t want to be interviewed. That truly respect these boundaries. How- means the inspector general was un- ever, it seems old habits really die very Mr. MCCONNELL. Madam President, able to ask them classified questions hard. Politics has crept back into the I ask unanimous consent that the Sen- related to their conduct. FBI’s work, at least at the highest lev- ate proceed to legislative session and Comey claims that he is transparent, els. The actions that were taken by be in a period of morning business, but he clearly wasn’t in this case. Obama and Comey’s FBI sound an with Senators permitted to speak Moreover, Glenn Simpson and Jona- awful lot like the ones taken under therein for up to 10 minutes. than Winer—the latter a former State The PRESIDING OFFICER. Without Department official—refused to sit for Hoover. Where do we go from here? We have objection, it is so ordered. any interviews at all. These individuals to learn from our past mistakes. I have f played key roles in the Russia inves- said it before, and I will say it again: tigation. It is a shame that they didn’t 150TH ANNIVERSARY OF THE Sunlight is the best disinfectant. want to speak up. So can’t we legiti- KENTUCKY NEW ERA Transparency brings accountability. It mately ask: What are they trying to helps us take reasoned steps to ensure Mr. MCCONNELL. Madam President, hide? From what I have seen, they are that the mistakes of the past will not it is with great pride that I pay tribute trying to hide an awful lot. to a long-standing community institu- With all that said, the FBI’s FISA-re- be repeated in the future. After what I believe was far too long tion in southwestern Kentucky. The lated behavior has been so bad that the Kentucky New Era newspaper recently inspector general has initiated a com- a wait, I am happy to have finally re- ceived this Horowitz report that we marked 150 years of quality journalism prehensive audit that will fully exam- and community engagement, and I ine the FBI’s compliance with the call the inspector general’s report. I thank IG Horowitz and his staff for all would like to take a moment today to Woods procedures. In the past, when review the paper’s distinguished his- there has been evidence of our govern- of their hard work. I am pleased to see that much of the inspector general’s tory and celebrate its many achieve- ment improperly infringing on the civil ments. liberties of American citizens, we as a report is publicly available. Once Prominent Kentucky newsman Chip nation have firmly rejected that course again, this is due in no small part to Hutcheson, whom I am proud to call a of action. We have taken those mo- President Trump’s unprecedented com- dear friend, spent years working for ments as real opportunities to mitment to transparency. the New Era, and he summed up the strengthen our resolve and to renew I appreciate the President’s willing- reason it has thrived for so long. Chip our commitment to the values that we ness to grant Attorney General Barr recalled a paper-wide culture of writing all share about our God-given liberties broad declassification authority, and I ‘‘columns that cemented readers’ rela- and freedoms. appreciate Attorney General Barr’s Under the leadership of J. Edgar Hoo- willingness to use that authority to tionships to the writer and the paper.’’ ver, from about 1920 to 1969, which was bring much of what happened out into I think it is that commitment to read- when he died, the FBI would wiretap, the open. It is an important first step ers and to what matters in their lives recruit secret informants, and fix the towards ensuring accountability. Of and community that has helped make paperwork in ways that trampled on course, there are still many, many un- the New Era the oldest business in the rights of ordinary Americans as a answered questions. Hopkinsville, KY. matter of practice. In those times of In going forward, I eagerly await Mr. Since the paper was launched as a the FBI, it was business as usual. Let’s Durham’s findings with respect to how weekly publication in the winter of hope it doesn’t become business as the intelligence community handled its 1869, the New Era has certainly under- usual now. That is why, during the part of the corrupted Russia investiga- gone some change to solidify its rela- 1970s, because of the abuse of J. Edgar tion. Mr. Durham is the U.S. attorney tionship with readers. To meet a de- Hoover, this Chamber undertook vig- in Connecticut, but he has been award- mand for local, State, and national orous oversight efforts, under the lead- ed by Mr. Barr the responsibility of news, the New Era added a daily issue, ership of the late Senator Frank getting to the bottom of all of these and delivered the news and com- Church, to shine a light on the excesses problems that I am talking about now mentary its subscribers wanted to and abuses of our intelligence bureauc- and a lot of other problems. Unlike read. Part of that frequent change dur- racy. Horowitz, Mr. Durham has authority to ing the early years came in the form of Based on what we learned from that prosecute, and he has already opened different owners, but in 1873, Hunter inquiry 40 years ago, Congress passed criminal investigations. Wood took charge, and his family FISA. This legislation establishes pro- In the sense of Mr. Durham’s work, I would steer the New Era as majority tections to ensure that government bu- view this most recent inspector gen- owners for the following 130-plus years. reaucrats can’t just spy on American eral’s report as just one part in a Under their direction, the paper cov- citizens willy-nilly, whenever they feel multi-part act. Durham’s public com- ered a wide range of issues affecting like it. In order to surveil an American ments make clear that he finds issue life in Christian County. From politics citizen, the FBI must acquire a lawful with whether the opening of the Russia to agriculture, mixed with lighter com- order and do it from a court of law. We investigation was properly predicated. munity-interest pieces and extensive give those in the FBI that power along His findings may prove critical to fi- coverage of high school sports, the New with an expectation that they will do nally and fully understanding what Era has served as a important source of their due diligence in using it. happened during the Obama adminis- information for its readers. Its staff

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.050 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6944 CONGRESSIONAL RECORD — SENATE December 10, 2019 would attract several award-winning Though it may seem like the John has encouraged bipartisanship journalists, including my friend Mary Cullerton family is just filled with and cooperation through all of it. D. Ferguson, who held a high standard politicians, John’s father and paternal For 41 years, John has served with a on its pages. grandfather were electricians. In fact, sense of justice, friendship, and even Adapting to changing markets, the most of his immediate family was not comedy. He regularly performed at an New Era expanded its operations. To political. John’s role model was his annual event at the legendary Second serve the nearby U.S. Army installa- maternal grandfather, Tom Tyrell, a City Chicago Theater. His imperson- tion, the paper’s media group began real-estate lawyer in Chicago. At 12 ation of then-Mayor Richard J. Daley publishing the Fort Campbell Courier. years old, John wanted to be a lawyer earned him the crown of Mr. Wonderful Other respected local papers, including because of him. His grandfather would from the Conference of Women Legisla- the Princeton Times Leader, the Provi- give legal lessons at the dinner table. tors in 1979. dence Journal Enterprise, and Dawson He would cut cherry pie and explain John retiring from the senate will Springs Progress, joined the New Era’s how corporations have shares. allow him to spend more time with his organization to further stretch the John went to Loyola University Chi- wife Pam and his kids Maggie, Garritt, reach of its community journalism. In cago and earned a bachelor’s degree in Carroll, John III, and Josephine, and whatever form subscribers want to re- political science. He stayed at Loyola his three grandchildren. I am privi- ceive their news—in print, online, or to study law. John also served in the leged to call him a friend and look for- even listening to a podcast—the New Illinois National Guard from 1970 to ward to all the new things he will take Era is committed to reporting on the 1976. In law school, John experienced on in the future. stories that must be told. firsthand how litigation can bring (At the request of Mr. SCHUMER, the Just last year, the paper joined an- change. As president of the Loyola Uni- following statement was ordered to be other well-respected Kentucky news in- versity Chicago Student Bar Associa- printed in the RECORD.) stitution, the Paxton Media Group. tion, he saw his fellow students draft a ∑ Ms. HARRIS. Madam President, I With this partnership, the Kentucky complaint against the school for not was absent but had I been present, I New Era has the ability to continue providing adequate facilities for the would have voted no on rollcall vote thriving into the future. Through the law school. The students hired a lawyer No. 383 the confirmation of Executive years, I have enjoyed reading the paper and actually negotiated a deal without Calendar No. 479, Richard Ernest Myers and speaking with its top-tier profes- filing a lawsuit. A few years after John II, of North Carolina, to be United sionals, and I look forward to many and his classmates graduated, a brand- States District Judge for the Eastern more accomplishments to come. new law school was built at the corner District of North Carolina. It is a privilege to congratulate the of Pearson and State in Chicago, which Madam President, I was absent but Kentucky New Era on its celebration of still stands today. had I been present, I would have voted 150 years of journalistic success, and I John’s first job was working as a Chi- no on rollcall vote No. 384, the con- hope my Senate colleagues will join me cago assistant public defender. For 5 firmation of Executive Calendar No. in saluting this community institution years, he was on the frontlines of law 489, Sherri A. Lydon, of South Caro- on its anniversary. I would like to ex- defending people. In 1976, John earned lina, to be United States District Judge tend my best wishes to the reporters, his first political experience by being for the District of South Carolina. editors, and staff who have made the elected to be a delegate to the Demo- Madam President, I was absent but New Era a vital resource in west Ken- cratic National Convention. Though had I been present I would have voted tucky. John’s immediate family was not very no on rollcall vote No. 386, the motion f political, his cousin Parky Cullerton to invoke cloture on Executive Cal- was Cook County tax assessor at the endar No. 533, Patrick J. Bumatay, of TRIBUTE TO JOHN CULLERTON time. Parky’s influence convinced him California, to be United States Circuit Mr. DURBIN. Madam President, this that he could run for the Illinois House Judge for the Ninth Circuit. January, it will be 12 years since Illi- of Representatives, and he won in 1978. f nois banned smoking in businesses. In In 1988, John joined Fagel Haber, THE OVER-THE-COUNTER MONO- 2008, the Smoke-Free Illinois Act went which later became Thompson Coburn GRAPH SAFETY, INNOVATION, into effect and changed the lives of Fagel Haber, where he still is a partner AND REFORM ACT people throughout the State. There has today. In 1990, John was appointed to been a 20-percent decrease in hos- fill then-State Senator Dawn Clark Mr. CASEY. Madam President, pitalizations for conditions aggravated Netsch’s seat. John won the seat on his today, the Senate passed S. 2740, the by secondhand smoke, like asthma, own right in 1992, representing the Chi- Over-the-Counter Monograph Safety, chronic obstructive pulmonary disease, cago Cubs’ neighborhood of Innovation, and Reform Act of 2019, and heart attacks. High school smok- Wrigleyville, but he remained a loyal which will completely overhaul and ing rates have fallen more than 53 per- White Sox fan. improve how the Food and Drug Ad- cent since then. This is real change. John thrived in the Senate. Between ministration—FDA—regulates over- My friend, Illinois Senate President 2003 and 2006, he sponsored more bills the-counter—OTC—or nonprescription, John Cullerton, led that fight to save and had more bills signed by the Gov- drugs. These medicines are used by lives. His storied career is one of work- ernor than any other legislator. John Americans every day, but our regu- ing for good government and the safety dedicated himself to things like traffic latory system has been stuck in the of people. In January, he will be retir- safety, gun control, reforming the 1970s and has not kept pace with inno- ing, and I want to take this time to criminal justice system, and tobacco vation or the need to ensure appro- honor him. regulation. John would work with any- priate consumer protections. Senator John grew up in the village of Win- one for a greater good. He always made JOHNNY ISAKSON and I have been work- field in DuPage County. His family has it a point of going out to dinner not ing on this legislation since 2016. deep roots in Illinois as one of the just with Democratic State senators This legislation creates a modern original settlers in Chicago in 1835. If but with Republican ones too. regulatory system for OTC drugs, pro- you are wandering Chicago, you might In 2008, the senate Democratic caucus viding the FDA with new resources to come across Cullerton Street, which chose John to be senate president. Im- be able to review changes to existing used to be 20th Street. It was named mediately, John prioritized an infra- OTC drugs and allow the marketing of after John’s great-grandfather’s broth- structure bill that had not passed in 10 new OTC drugs. FDA will have the au- er, Edward ‘‘Foxy’’ Cullerton. Edward, years at the time. John has steered the thority to take swift action to protect originally elected to Chicago city senate through many tough times. He the American public if a serious prob- council in 1871, served one of the long- can proudly say that, during his time, lem arises and to make changes to how est tenures as a Chicago alderman in Illinois passed two capital funding OTC drugs are allowed to be sold if the the city’s history. The Cullertons have bills, marriage equality, an abolish- science indicates that the steps are been a staple of Illinois politics ever ment of the death penalty, school fund- necessary to ensure that these prod- since. ing reform, and immigration reform. ucts are used safely.

VerDate Sep 11 2014 07:17 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.025 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6945 The Over-the-Counter Monograph which I like to call FDAMA. One of the Last year alone, $133 million in drug Safety, Innovation, and Reform Act of foundational principles of that legisla- user fees went toward administrative 2019 establishes a streamlined adminis- tion was to bring more certainty, pre- expenses at the FDA, funds that may trative process which allows the FDA dictability, and accountability to an otherwise help to invest in new treat- to modify a drug’s safety labeling to agency that had lost its way, failing to ments or cures for Americans. This is address new health risks. The act is in- bring new drugs and medical devices to very simple math, the more user fee tended to modernize and accelerate market in the United States in a time- programs we provide to the FDA, the regulatory procedures applicable to ly manner. Twenty-two years later, I less the FDA is accountable and re- OTC drugs and will also allow for in- am starting to see the implementation sponsive to Congress. creased innovation. However, patient of major provisions of this law. Two Through FDAMA and more recently safety and manufacturer account- decades after its passage, the FDA is fi- in the 21st Century Cures Act and the ability are of equal importance. As nally putting key policies into practice 2017 FDA user fee bill, I worked to re- such, nothing in this act is intended to that Congress demanded. Two decades balance the focus of the FDA, to reaf- change, diminish, or prohibit a manu- is an unacceptable amount of time for firm its authorities to regulate the cut- facturer from performing any duty or Americans to wait. ting edge science facing the agency, complying with any requirement to One of the components of FDAMA and to better leverage and strategi- warn consumers that exists under was the reauthorization of certain user cally invest its existing resources. So I State or Federal law or to prevent any fee programs. Over these past two dec- cannot support legislation that de- labeling changes pursuant to any other ades, we have seen FDA’s user fee grades the progress we have made at applicable provision of the Federal agreements increase with each 5-year the FDA. Food, Drug, and Cosmetic Act or FDA cycle, bringing more resources into the f regulation. It is imperative that con- agency to review drug, biologic and de- REMEMBERING RACHELLE sumers have accurate information re- vice applications. BERGERON HAMMERLING garding the safety of over-the-counter When the drug industry first agreed drugs, and this bill is intended to im- to user fees in 1993, the fee to file a new Mr. RUBIO. Madam President, today, prove that process while maintaining drug application with the FDA was I honor the life and work of Rachelle the existing rights of consumers to ac- $100,000. Today, that fee is $2.1 million. Bergeron Hammerling, a human rights cess the courts and hold manufacturers To that end, FDA has struggled to up- lawyer who served as the acting Attor- accountable when harmed. hold its end of the deal, falling behind ney General of Yap in Micronesia when This legislation has bipartisan sup- in its commitment to hire the number she was murdered just a couple of port and also broad support from key of individuals the agency needs to ac- months ago. Rachelle was killed in stakeholders in public health, tually review the applications that front of her home on October 14, 2019, healthcare, and industry. I am deeply cost millions of dollars to file. The as a direct result of her courageous grateful for the work of my colleagues, FDA continues to increase the amount fight against human trafficking, do- notably Senator JOHNNY ISAKSON—the of user fee dollars it requires to review mestic violence, and sexual abuse. She bill’s sponsor; and the chairman and applications, eroding the balance of was just 33 years old, but her legacy ranking Member of the Committee on congressional oversight provided by will live on through her family and the Health, Education, Labor, and Pen- the appropriation of taxpayer dollars communities she made the ultimate sions, Senator LAMAR ALEXANDER and to the agency. sacrifice to serve. Senator PATTY MURRAY, and their I would caution my colleagues that Rachelle was born in Waukesha, WI, staffs for their continued support for we are currently experiencing the ef- to parents Thomas and Tammy this important effort. As a result of our fects of a center at the FDA that re- Bergeron in 1986. After growing up in work, American consumers will be able ceives 100 percent of its funds from user Wisconsin, Rachelle went on to obtain to have greater confidence in their fees, the Center for Tobacco Products. a juris doctorate from the University over-the-counter drugs and will benefit The CTP has had 10 years and received of Florida College of Law in 2010, an ex- from new innovation in the years to over $5 billion in user fee resources. It perience her family says she loved. come. has yet to finalize a single governing When Rachelle graduated from law Mrs. MURRAY. Mr. President, I regulation for the products Congress school, her passion to help others led thank Senator CASEY for his leadership tasked the CTP with regulating. Mean- her to volunteer with the International on this important issue and agree while, youth rates of vapor product use Justice Mission in India, where she rep- wholeheartedly with his statement on continue to increase and 2,000 Ameri- resented women and children who had S. 2740, the Over-the-Counter Mono- cans have fallen ill from the use of un- been trafficked. Rachelle spent her ca- graph Safety, Innovation, and Reform regulated products. I have spoken reer prosecuting criminals involved Act of 2019. many times on my concerns with the with sex trafficking and worked tire- Mr. BURR. Madam President, I want growth and development of FDA user lessly to protect the poor against vio- to take a few moments to explain why fee programs because they have not re- lence. Rachelle’s work took her around I am opposed to the OTC reform legis- sulted in the development of an FDA the United States, including New York lation offered by Senator ISAKSON. Sen- that keeps its promises. I promise my and Washington, DC. She was a mem- ator ISAKSON and I worked together on colleagues that the user fee program ber of the New York State Bar and cre- many pieces of FDA legislation, and I included in this bill will not be any dif- ated the ‘‘Not-So-Super’’ campaign have no doubt that he worked tire- ferent. video as an effort to raise awareness re- lessly to draft this bill in the best in- While the Senate has wrestled with garding human trafficking during the terest of patients. I will miss working solutions to high drug costs for the last 2014 Super Bowl. Her work took her to closely with my colleague from Geor- 18 months, we are voting to approve a Beijing, South Africa, India, and fi- gia to improve the lives of the millions bill that increases the development nally the Pacific island of Yap. of Americans touched by the U.S. Food costs for one of Americans’ cheapest Rachelle fought to give a voice to the and Drug Administration’s work each options for care. The over-the-counter voiceless and dedicated her life to em- day. user fee bill provides millions of dollars powering and uplifting others. About 4 I want to be clear that I agree re- in new industry funds to reform the years ago, Rachelle moved to Yap after forms are needed within the over-the- OTC system at FDA, and the agency is accepting a job as that community’s counter drug division at the FDA. I asking for tens of millions of dollars to assistant attorney general. Since Janu- simply disagree on the way in which deal with a backlog of OTC mono- ary 2019, she had been serving as the is- this legislation provides the resources graphs or recipes to create over the land’s only prosecutor and as the act- to achieve these reforms because I do counter medications. ing attorney general, where her duties not believe it will result in my col- User fee dollars are intended to go to- included being a part of a human traf- league’s desired outcome. Here is why. ward the review of applications, but I ficking task force. Rachelle was very I reformed the FDA in 1997 with the can assure my colleagues this is not active in the community she served passage of the FDA Modernization Act, the full story at the Agency today. and spent a lot of time in local schools

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.008 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6946 CONGRESSIONAL RECORD — SENATE December 10, 2019 and community centers to warn legislation, the highway trust fund, you are lost, someone will not only against the dangers of sex trafficking. and the operations of the Federal-aid give you directions but will offer to Rachelle also met her husband, highway program. Throughout her suc- drive you to your destination. I am so Simon Hammerling during her time in cessful and impressive career, she has deeply proud of the people of my home Yap. The two were married in 2018 and been a ‘‘go-to reference’’ on these top- State and the values that make us had planned to take in a young girl ics for both agency and departmental stand out from the rest of the Nation. they had found sleeping on their door- leaders and staff. It is in that same spirit that I proud- step. Rachelle passed just before the Among her many exemplary accom- ly recognize Andy Pradella as an hon- two were about to celebrate their 1- plishments, Carolyn has been in the de- orary West Virginian. No one fits this year wedding anniversary and shortly velopment and implementation of title better. He is one of the most gen- before she and her family were due to every Federal surface transportation erous, kindest, selfless people I have move back to the United States for a bill since the Transportation Equity had the privilege of calling my very new job in Wyoming. Her passing is a Act for the 21st Century—TEA–21—was dear friend. He has provided so much tremendous loss to her family, to the enacted in 1998. Additionally, she has happiness and wisdom to the lives of community she fought to serve, and to also been a recipient of several pres- those around him throughout the all who knew her. tigious honors and awards. Carolyn has years, and it is my wish that the mem- We remember Rachelle with grati- been recognized with a Secretary’s ory of this special day remains with tude for her life, and we honor her for Team Award, two Secretarial Awards him just as his guidance and influence her sacrifice. Scripture tells us that for Partnering for Excellence, and mul- will remain in all the lives he has the righteous will rest from their tiple FHWA Superior Achievement touched. Again, it is with the greatest labor, for their deeds will follow them. Awards, FHWA’s highest honor award. admiration that I send to him my best As she now rests from her tireless and Carolyn exemplifies the highest wishes on his special day. courageous work on behalf of the most standards of public service and em- Andy, please always remember that vulnerable among us, we know bodies FHWA’s spirit of profes- no matter where you are, you have a Rachelle’s deeds will follow her and sionalism and customer service. Over home here in ‘‘Almost Heaven.’’∑ continue to inspire others to pursue the years, the Senate Committee on f justice as fiercely as she did. Environment and Public Works, along f with other congressional committees, TRIBUTE TO MARY HULSMAN ALLGEIER TRIBUTE TO CAROLYN EDWARDS Members of Congress, and their staff have relied on Carolyn’s legislative and ∑ Mr. BARRASSO. Madam President, Mr. PAUL. Madam President, Mary highway policy expertise, quick turn- Hulsman Allgeier was selected as the together with Senator CARPER, I rise around technical assistance responses, #1 Citizen of Schnitzelburg, a historic today to recognize Carolyn Edwards for and wealth of information. Carolyn’s her distinguished career and signifi- neighborhood in Louisville, KY. Mary colleagues at USDOT and FHWA have has been a lifelong community advo- cant accomplishments at the Federal depended on her tireless efforts, her Highway Administration, FHWA. cate and volunteer. She has given to endless wealth of knowledge and will- and supported those in need as a leader After 46 years of exceptional Federal ingness to share and transfer it. They service, Carolyn is retiring from FHWA in Holy Family Parish for many years. will miss her indomitable spirit and In addition, Mary is a role model for on January 3, 2020. She is a dedicated her purple sweaters, purple pens, and public servant recognized as an unpar- women in leadership and is instru- love for everything purple to brighten mental in ensuring members of her alleled national expert on Federal their days. Highway Programs and the highway community understand their civic Carolyn has helped shape highway rights and responsibilities. Mary has trust fund. Through her technical as- policy discussions and implement new sistance to Congress and her policy ad- served her community faithfully from programs. Her contributions will con- education to civic engagement and is vice to departmental and agency offi- tinue to make a difference on USDOT, cials, Carolyn has provided an invalu- an example for us to follow. I am proud FHWA, and the surface transportation to join the people of Schnitzelburg in able contribution to the programs that community. Her retirement from the support our Nation’s roads and bridges. honoring Mary Allegeier as their #1 Federal Government is a celebration of Citizen.∑ She has helped to shape not only these her dedication to the American people. critical highway programs, but also, as It is a great honor to recognize this f colleague and mentor, she has shaped exceptional public servant. Senator and guided a generation of highway TRIBUTE TO COLONEL FRED CARPER joins me in extending our ap- JOHNSON policy experts. Her work will have a preciation and well wishes to Carolyn ∑ lasting legacy for many years to come. on her retirement. Mr. PAUL. Madam President, Col. Carolyn’s entire 46-year Federal ca- Fred Johnson, U.S. Army, Retired, was reer has been with the U.S. Depart- f honored as Kentucky’s 2019 Veteran of ment of Transportation, USDOT—44 of ADDITONAL STATEMENTS the Year. Since his retirement from these with FHWA. To put Carolyn’s re- the U.S. Army in 2014, Fred Johnson markable public service longevity in has immersed himself in community perspective, FHWA was formed in 1966, TRIBUTE TO ANDY PRADELLA service in Louisville in both existing only 7 years prior to her arrival. She ∑ Mr. MANCHIN. Madam President, programs, such as YouthBuild and Re- joined FHWA in 1973 as an economist. Gayle and I would like to extend our storative Justice Louisville, and Over the ensuing four and a half dec- warmest congratulations and very best through developing new, innovative ades, she has served in a range of high- wishes to our very dear friend Andy ways to use the arts and storytelling to level analytical and leadership posi- Pradella on his 70th birthday. What I help connect veterans with the broader tions, including positions in FHWA’s have always admired about Andy is his community. His Veteran’s Writing Office of Highway Policy Information unparalleled work ethic and deter- Workshop series and the innovative and Office of Legislative Affairs and mination to learn and serve, and to in- Shakespeare with Veterans group that Policy Communications. She also spire those around him. I can’t tell him he cofounded in 2016 are helping vet- worked in the Office of the Secretary’s how much his and Joanie’s friendship erans communicate their stories in cre- Office of the Assistant Secretary for has meant to me and Gayle throughout ative and timeless ways. Colonel John- Budget and Programs with a portfolio the years. They are like family to us. son remains committed to our country that covered FHWA programs. Together, they are both a match made as is evident by his decision to teach Carolyn is currently a member of in ‘‘Almost Heaven.’’ sixth grade Social studies class at FHWA’s Legislative Analysis Team, While Andy wasn’t born in West Vir- Thomas Jefferson Middle School. I am where she serves as the authoritative ginia, he certainly is a West Virginian proud to recognize Col. Fred Johnson expert on a wide range of highway-re- in his heart and soul. In West Virginia, as a remarkable symbol of the rich vet- lated topics, including Federal highway if you are hungry, you will be fed. If eran heritage of Kentucky.∑

VerDate Sep 11 2014 07:17 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.010 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6947 TRIBUTE TO KAREN WEAVER Their dedication to the Florida com- continued United States leadership in engi- ∑ munity, their fantastic homemade neering biology. Mr. PAUL. Madam President, Karen H.R. 4402. An act to require the Secretary Weaver, a Kentucky native and a vet- dishes, and exemplary customer service has certainly not gone unnoticed. For 9 of Homeland Security to conduct an inland eran of the U.S. Air Force, has been waters threat analysis, and for other pur- recognized as the Kentucky Female years running, Granny Cantrell’s has poses. Veteran of the Year 2019. After serving been awarded Panama City News Her- H.R. 4566. An act to accelerate the income on Active Duty and in the Air Force ald’s Best of the Bay Award, high- tax benefits for charitable cash contribu- Reserve, Karen taught science at lighting its customers’ loyalty and in- tions for the relief of the families of victims tegral place in the local economy. Fur- of the mass shooting in Virginia Beach, Vir- Leestown Middle School in Lexington, ginia, on May 31, 2019. KY, where she began immersing herself thermore, Granny Cantrell’s has been awarded the Reader’s Choice Award by H.R. 4713. An act to amend the Homeland in volunteer work for veterans. She has Panama City Living for several years Security Act of 2002 to make certain im- worked with Military Missions, an or- provements in the Office for Civil Rights and in a row to commemorate their out- ganization that sent care packages to Civil Liberties of the Department of Home- standing food and customer service. land Security, and for other purposes. over 8,500 deployed U.S. men and Small businesses play an important women last year. One of her current H.R. 4727. An act to amend the Homeland role in supporting and uplifting their Security Act of 2002 to establish a mentor- passions is Lady Veterans Connect, a communities. Granny Cantrell’s is a prote´ge´ program, and for other purposes. nonprofit with a real heart for female prime example of the bonds that small H.R. 4739. An act to amend the Homeland veterans, particularly those who are businesses can create when such an in- Security Act of 2002 to protect U.S. Customs homeless. Karen Weaver has been an tegral role is bolstered. I am proud to and Border Protection officers, agents, other incredible role model to the children of personnel, and canines against potential syn- recognize this Florida business for its thetic opioid exposure, and for other pur- her classrooms and to the entire Com- reflection of America’s unique entre- monwealth. I am honored to recognize poses. preneurial spirit and its dedication to H.R. 4761. An act to ensure U.S. Customs Karen in her service to our country and ∑ the common good of its community. and Border Protection officers, agents, and our State. Congratulations to the entire Granny other personnel have adequate synthetic f Cantrell’s team. I look forward to opioid detection equipment, that the Depart- watching your continued success.∑ ment of Homeland Security has a process to RECOGNIZING GRANNY update synthetic opioid detection capability, CANTRELL’S RESTAURANT f and for other purposes. ∑ Mr. RUBIO. Madam President, as the MESSAGES FROM THE HOUSE The message further announced that chairman of the Senate Committee on At 10:36 a.m., a message from the pursuant to 10 U.S.C. 9455(a), and the Small Business and Entrepreneurship, House of Representatives, delivered by order of the House of January 3, 2019, each week I am privileged to honor an Mr. Novotny, one of its reading clerks, the Speaker appoints the following American small business for its dedica- announced that the House has passed Member on the part of the House of tion to dignified work and its sur- the following bills, without amend- Representatives to the Board of Visi- rounding community. This week, it is ment: tors to the United States Air Force my honor to recognize Granny S. 256. An act to amend the Native Amer- Academy: Ms. Speier of California. Cantrell’s Restaurant of Panama City, ican Programs Act of 1974 to provide flexi- At 5:40 p.m., a message from the FL, for its achievements. bility and reauthorization to ensure the sur- House of Representatives, delivered by Founded in 2002 by Doug Crosby and vival and continuing vitality of Native Mr. Novotny, one of its reading clerks, his family, Granny Cantrell’s is well American languages. S. 737. An act to direct the National announced that the House has passed known for its delicious southern com- Science Foundation to support STEM edu- the following bill, in which it requests fort food and catering. Based on recipes cation research focused on early childhood. the concurrence of the Senate: from friends, neighbors, family, and The message also announced that the local churches, Granny Cantrell’s food H.R. 5363. An act to reauthorize mandatory House has passed the following bills, in funding programs for historically Black col- consists of familiar items such as fried which it requests the concurrence of leges and universities and other minority- chicken, pot roast, and macaroni and the Senate: serving institutions, for other purposes. cheese. Since opening more than 17 H.R. 2051. An act to provide for Federal co- f years ago, Granny Cantrell’s has expe- ordination of activities supporting sustain- rienced success and continued growth. able chemistry, and for other purposes. MEASURES REFERRED Their menu has expanded beyond com- H.R. 3318. An act to require the Transpor- The following bills were read the first fort food to offer a variety of daily spe- tation Security Administration to establish and the second times by unanimous cials and health-conscious options. a task force to conduct an analysis of emerg- consent, and referred as indicated: Today, they are an important part of ing and potential future threats to transpor- tation security, and for other purposes. H.R. 2051. An act to provide for Federal co- the Panama City community, attract- H.R. 3469. An act to direct the Transpor- ordination of activities supporting sustain- ing and retaining customers who enjoy tation Security Administration to carry out able chemistry, and for other purposes; to their food at the restaurant, as well as covert testing and risk mitigation improve- the Committee on Commerce, Science, and at catered events. ment of aviation security operations, and for Transportation. Granny Cantrell’s dedication to the other purposes. H.R. 3318. An act to require the Transpor- tation Security Administration to establish greater Panama City community is un- H.R. 3669. An act to require the Secretary of Homeland Security to conduct a collective a task force to conduct an analysis of emerg- matched. In the days following the response to a terrorism exercise that in- ing and potential future threats to transpor- landfall of Hurricane Michael in 2018, cludes the management of cascading effects tation security, and for other purposes; to Granny Cantrell’s worked tirelessly on critical infrastructure during times of ex- the Committee on Commerce, Science, and with local authorities to ensure that treme cold weather, and for other purposes. Transportation. the city’s employees were fed. Addi- H.R. 4355. An act to direct the Director of H.R. 3469. An act to direct the Transpor- tionally, with the help of likeminded the National Science Foundation to support tation Security Administration to carry out covert testing and risk mitigation improve- community partners, Granny research on the outputs that may be gen- erated by generative adversarial networks, ment of aviation security operations, and for Cantrell’s restaurant was able to pro- otherwise known as deepfakes, and other other purposes; to the Committee on Com- vide and hand-deliver more than 500 comparable techniques that may be devel- merce, Science, and Transportation. prepacked Thanksgiving meals and 400 oped in the future, and for other purposes. H.R. 3669. An act to require the Secretary cupcakes to those in need after the H.R. 4372. An act to direct Federal science of Homeland Security to conduct a collective hurricane. In recent years, Doug and agencies and the Office of Science and Tech- response to a terrorism exercise that in- the Granny Cantrell’s team have also nology Policy to undertake activities to im- cludes the management of cascading effects opened the restaurant’s doors as a prove the quality of undergraduate STEM on critical infrastructure during times of ex- treme cold weather, and for other purposes; drop-off location for Coats for Kids, a education and enhance the research capacity at the Nation’s HBCUs, TCUs, and MSIs, and to the Committee on Homeland Security and Bay County program that collects and for other purposes. Governmental Affairs. distributes gently used coats to pre- H.R. 4373. An act to provide for a coordi- H.R. 4355. An act to direct the Director of pare local children for the winter. nated Federal research initiative to ensure the National Science Foundation to support

VerDate Sep 11 2014 07:17 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.013 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6948 CONGRESSIONAL RECORD — SENATE December 10, 2019 research on the outputs that may be gen- Environmental Protection Agency, transmit- ments of international agreements, other erated by generative adversarial networks, ting, pursuant to law, the report of a rule en- than treaties (List 2019–0115 - 2019–0117); to otherwise known as deepfakes, and other titled ‘‘Air Plan Approval; Indiana; Indiana the Committee on Foreign Relations. comparable techniques that may be devel- RACT SIP and Negative Declaration for the EC–3460. A communication from the Assist- oped in the future, and for other purposes; to Oil and Natural Gas Industry Control Tech- ant Secretary, Legislative Affairs, Depart- the Committee on Commerce, Science, and niques Guidelines’’ (FRL No. 10003–02–Region ment of State, transmitting, pursuant to Transportation. 5) received in the Office of the President of section 36(c) of the Arms Export Control Act, H.R. 4372. An act to direct Federal science the Senate on December 9, 2019; to the Com- the certification of a proposed license for the agencies and the Office of Science and Tech- mittee on Environment and Public Works. export of firearms abroad controlled under nology Policy to undertake activities to im- EC–3452. A communication from the Direc- Category I of the U.S. Munitions Lists of prove the quality of undergraduate STEM tor of the Regulatory Management Division, automatic rifles to Qatar for end use by the education and enhance the research capacity Environmental Protection Agency, transmit- Ministry of the Interior in the amount of at the Nation’s HBCUs, TCUs, and MSIs, and ting, pursuant to law, the report of a rule en- $1,000,000 or more (Transmittal No. DDTC 18– for other purposes; to the Committee on titled ‘‘Air Plan Approval; Tennessee; Knox 083); to the Committee on Foreign Relations. Health, Education, Labor, and Pensions. County Miscellaneous Revisions’’ (FRL No. EC–3461. A communication from the Assist- H.R. 4373. An act to provide for a coordi- 10002–97–Region 4) received in the Office of ant Secretary, Legislative Affairs, Depart- nated Federal research initiative to ensure the President of the Senate on December 9, ment of State, transmitting, pursuant to continued United States leadership in engi- 2019; to the Committee on Environment and section 36(c) of the Arms Export Control Act, neering biology; to the Committee on Com- Public Works. the certification of a proposed license for the merce, Science, and Transportation. EC–3453. A communication from the Direc- export of firearms abroad controlled under H.R. 4402. An act to require the Secretary tor of the Regulatory Management Division, Category I of the U.S. Munitions Lists of of Homeland Security to conduct an inland Environmental Protection Agency, transmit- 5.56mm automatic rifles to Kuwait for end waters threat analysis, and for other pur- ting, pursuant to law, the report of a rule en- use by the Ministry of the Interior in the poses; to the Committee on Homeland Secu- titled ‘‘Approval and Promulgation of Air amount of $1,000,000 or more (Transmittal rity and Governmental Affairs. Quality Implementation Plans; Delaware; No. DDTC 19–070); to the Committee on For- H.R. 4713. An act to amend the Homeland Amendments to the Regulatory Definition of eign Relations. Security Act of 2002 to make certain im- Volatile Organic Compounds’’ (FRL No. EC–3462. A communication from the Assist- provements in the Office for Civil Rights and 10002–99–Region 3) received in the Office of ant Secretary, Legislative Affairs, Depart- Civil Liberties of the Department of Home- the President of the Senate on December 9, ment of State, transmitting, pursuant to land Security, and for other purposes; to the 2019; to the Committee on Environment and section 36(c) of the Arms Export Control Act, Committee on Homeland Security and Gov- Public Works. the certification of a proposed license for the ernmental Affairs. EC–3454. A communication from the Direc- export of defense articles, including tech- H.R. 4727. An act to amend the Homeland tor of the Regulatory Management Division, nical data and defense services, to Australia Security Act of 2002 to establish a mentor- Environmental Protection Agency, transmit- in support of the F135 propulsion system for prote´ge´ program, and for other purposes; to ting, pursuant to law, the report of a rule en- end use in the F–35 Lightning II Joint Strike the Committee on Homeland Security and titled ‘‘Final Approval of the Indiana 1997 Fighter aircraft in the amount of $100,000,000 Governmental Affairs. Ozone Second Full Maintenance Plans’’ (FRL or more (Transmittal No. DDTC 19–056); to H.R. 4739. An act to amend the Homeland No. 10002–93–Region 5) received in the Office the Committee on Foreign Relations. Security Act of 2002 to protect U.S. Customs of the President of the Senate on December EC–3463. A communication from the Chair- and Border Protection officers, agents, other 9, 2019; to the Committee on Environment man of the Board of the Pension Benefit personnel, and canines against potential syn- and Public Works. Guaranty Corporation, transmitting, pursu- thetic opioid exposure, and for other pur- EC–3455. A communication from the Direc- ant to law, the Inspector General’s Semi- poses; to the Committee on Homeland Secu- tor of the Regulatory Management Division, annual Report to Congress for the period rity and Governmental Affairs. Environmental Protection Agency, transmit- from April 1, 2019, through September 30, H.R. 4761. An act to ensure U.S. Customs ting, pursuant to law, the report of a rule en- 2019; to the Committee on Homeland Secu- and Border Protection officers, agents, and titled ‘‘North Dakota Department of Envi- rity and Governmental Affairs. other personnel have adequate synthetic ronmental Quality: Incorporation by Ref- EC–3464. A communication from the Sec- opioid detection equipment, that the Depart- erence of State Hazardous Waste Manage- retary of Agriculture, transmitting, pursu- ment of Homeland Security has a process to ment Program’’ (FRL No. 10001–40–Region 8) ant to law, the Department of Agriculture’s update synthetic opioid detection capability, received in the Office of the President of the fiscal year 2019 Agency Financial Report; to and for other purposes; to the Committee on Senate on December 9, 2019; to the Com- the Committee on Homeland Security and Homeland Security and Governmental Af- mittee on Environment and Public Works. Governmental Affairs. EC–3456. A communication from the Chief EC–3465. A communication from the Acting fairs. of the Publications and Regulations Branch, Chief Financial Officer and Associate Admin- f Internal Revenue Service, Department of the istrator for Performance Management, Small Business Administration, transmit- MEASURES READ THE FIRST TIME Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Treasury Decision ting, pursuant to law, the Administration’s The following bill was read the first (TD): Base Erosion and Anti-Abuse Tax’’ fiscal year 2019 Agency Financial Report; to time: (RIN1545–BO56) received during adjournment the Committee on Homeland Security and Governmental Affairs. S. 3009. A bill to provide for a period of of the Senate in the Office of the President EC–3466. A communication from the Direc- continuing appropriations in the event of a of the Senate on December 6, 2019; to the tor, Office of Regulation Policy and Manage- lapse in appropriations under the normal ap- Committee on Finance. EC–3457. A communication from the Direc- ment, Department of Veterans Affairs, trans- propriations process, and establish proce- tor, Office of Regulations and Reports Clear- mitting, pursuant to law, the report of a rule dures and consequences in the event of a fail- ance, Social Security Administration, trans- entitled ‘‘Veterans Healing Veterans Medical ure to enact appropriations. mitting, pursuant to law, the report of a rule Access and Scholarship’’ (RIN2900–AQ54) re- f entitled ‘‘Extension of Expiration Dates of ceived during adjournment of the Senate in Five Body Systems Listings’’ (RIN0960–AI45) the Office of the President of the Senate on EXECUTIVE AND OTHER received during adjournment of the Senate December 6, 2019; to the Committee on Vet- COMMUNICATIONS in the Office of the President of the Senate erans’ Affairs. The following communications were on December 6, 2019; to the Committee on Fi- EC–3467. A communication from the Dep- laid before the Senate, together with nance. uty Assistant Administrator, National Ma- rine Fisheries Service, Department of Com- accompanying papers, reports, and doc- EC–3458. A communication from the Chief of the Publications and Regulations Branch, merce, transmitting, pursuant to law, the re- uments, and were referred as indicated: Internal Revenue Service, Department of the port of a rule entitled ‘‘Pacific Halibut Fish- EC–3450. A communication from the Chief Treasury, transmitting, pursuant to law, the eries; Revisions To Catch Sharing Plan and of the Planning and Regulatory Affairs report of a rule entitled ‘‘2019 Required Domestic Management Measures in Alaska’’ Branch, Food and Nutrition Service, Depart- Amendments List for Qualified Retirement (RIN0648–BH94) received during adjournment ment of Agriculture, transmitting, pursuant Plans and section 403(b) Retirement Plans’’ of the Senate in the Office of the President to law, the report of a rule entitled ‘‘Supple- (Notice 2019–64) received during adjournment of the Senate on December 6, 2019; to the mental Nutrition Assistance Program: Re- of the Senate in the Office of the President Committee on Commerce, Science, and quirements for Able-Bodied Adults Without of the Senate on December 6, 2019; to the Transportation. Dependents’’ (RIN0584–AE57) received in the Committee on Finance. EC–3468. A communication from the Acting Office of the President of the Senate on De- EC–3459. A communication from the Assist- Director, National Marine Fisheries Service, cember 9, 2019; to the Committee on Agri- ant Legal Adviser for Treaty Affairs, Depart- Department of Commerce, transmitting, pur- culture, Nutrition, and Forestry. ment of State, transmitting, pursuant to the suant to law, the report of a rule entitled EC–3451. A communication from the Direc- Case-Zablocki Act, 1 U.S.C. 112b, as amended, ‘‘Fisheries of the Exclusive Economic Zone tor of the Regulatory Management Division, the report of the texts and background state- Off Alaska; Several Groundfish Species in

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.017 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6949 the Bering Sea and Aleutian Islands Manage- December 6, 2019; to the Committee on Com- S. 3004. A bill to protect human rights and ment Area’’ (RIN0648–XY55) received during merce, Science, and Transportation. enhance opportunities for LGBTI people adjournment of the Senate in the Office of EC–3476. A communication from the Dep- around the world, and for other purposes; to the President of the Senate on December 6, uty Assistant Administrator, National Ma- the Committee on Foreign Relations. 2019; to the Committee on Commerce, rine Fisheries Service, Department of Com- By Mr. ISAKSON (for himself and Mr. Science, and Transportation. merce, transmitting, pursuant to law, the re- COONS): EC–3469. A communication from the Acting port of a rule entitled ‘‘Atlantic Highly Mi- S. 3005. A bill to require the Secretary of Director, National Marine Fisheries Service, gratory Species; 2020 Atlantic Shark Com- Transportation to promulgate standards and Department of Commerce, transmitting, pur- mercial Fishing Year’’ (RIN0648–XT004) re- regulations requiring all new commercial suant to law, the report of a rule entitled ceived during adjournment of the Senate in motor vehicles to be equipped with tech- ‘‘Fisheries of the Exclusive Economic Zone the Office of the President of the Senate on nology to limit maximum operating speed, Off Alaska; Atka Mackerel in the Bering Sea December 6, 2019; to the Committee on Com- to require existing speed-limiting tech- and Aleutian Islands Management Area’’ merce, Science, and Transportation. nologies already installed in commercial (RIN0648–XY16) received during adjournment motor vehicles manufactured after 1992 to be of the Senate in the Office of the President f used while in operation, and to require that of the Senate on December 6, 2019; to the REPORTS OF COMMITTEES the maximum safe operating speed of com- Committee on Commerce, Science, and mercial motor vehicles shall not exceed 65 Transportation. The following reports of committees miles per hour, or 70 miles per hour with cer- EC–3470. A communication from the Acting were submitted: tain safety technologies; to the Committee Director, National Marine Fisheries Service, By Mr. WICKER, from the Committee on on Commerce, Science, and Transportation. Department of Commerce, transmitting, pur- Commerce, Science, and Transportation, By Ms. MURKOWSKI (for herself, Mr. suant to law, the report of a rule entitled with an amendment: JONES, Mr. KING, and Mr. GARDNER): S. 3006. A bill to amend the Public Health ‘‘Fisheries of the Exclusive Economic Zone S. 1342. A bill to require the Under Sec- Service Act to establish a program to im- Off Alaska; Pacific Cod by Catcher Vessels retary for Oceans and Atmosphere to update prove the identification, assessment, and Greater Than or Equal to 50 Feet Length periodically the environmental sensitivity Overall Using Hook-and-Line Gear in the treatment of patients in the emergency de- index products of the National Oceanic and partment who are at risk or suicide, and for Central Regulatory Area of the Gulf of Alas- Atmospheric Administration for each coastal ka’’ (RIN0648–XX25) received during adjourn- other purposes; to the Committee on Health, area of the Great Lakes, and for other pur- Education, Labor, and Pensions. ment of the Senate in the Office of the Presi- poses (Rept. No. 116–170). dent of the Senate on December 6, 2019; to By Mrs. BLACKBURN (for herself and the Committee on Commerce, Science, and f Ms. CORTEZ MASTO): Transportation. S. 3007. A bill to amend title 18, United EC–3471. A communication from the Acting EXECUTIVE REPORTS OF States Code, to require a provider of a report Director, National Marine Fisheries Service, COMMITTEE to the CyberTipline related to online sexual Department of Commerce, transmitting, pur- exploitation of children to preserve the con- The following executive reports of tents of such report for 180 days, and for suant to law, the report of a rule entitled nominations were submitted: ‘‘Atlantic Highly Migratory Species; Atlan- other purposes; to the Committee on the Ju- tic Bluefin Tuna Fisheries’’ (RIN0648–XT27) By Mr. CRAPO for the Committee on diciary. received during adjournment of the Senate Banking, Housing, and Urban Affairs. By Mr. CORNYN (for himself and Ms. in the Office of the President of the Senate *Peter J. Coniglio, of Virginia, to be In- DUCKWORTH): on December 6, 2019; to the Committee on spector General, Export-Import Bank. S. 3008. A bill to amend the Small Business Commerce, Science, and Transportation. *David Carey Woll, Jr., of Connecticut, to Act to clarify the treatment of certain sur- EC–3472. A communication from the Acting be an Assistant Secretary of Housing and viving spouses under the definition of small Director, National Marine Fisheries Service, Urban Development. business concern owned and controlled by Department of Commerce, transmitting, pur- *Mitchell A. Silk, of New York, to be an service-disabled veterans; to the Committee suant to law, the report of a rule entitled Assistant Secretary of the Treasury. on Small Business and Entrepreneurship. ‘‘Coastal Migratory Pelagic Resources of the *John Bobbitt, of Texas, to be an Assistant By Mr. LANKFORD (for himself, Ms. Gulf of Mexico and Atlantic Region; 2019–2020 of Housing and Urban Development. HASSAN, Mr. ENZI, Mr. JOHNSON, Mr. Commercial Quota Reduction for King Mack- *Brian D. Montgomery, of Texas, to be KING, and Mr. KAINE): S. 3009. A bill to provide for a period of erel Run-Around Gillnet Fishery’’ (RIN0648– Deputy Secretary of Housing and Urban De- continuing appropriations in the event of a XS008) received during adjournment of the velopment. lapse in appropriations under the normal ap- Senate in the Office of the President of the *Nomination was reported with rec- propriations process, and establish proce- Senate on December 6, 2019; to the Com- ommendation that it be confirmed sub- dures and consequences in the event of a fail- mittee on Commerce, Science, and Transpor- ject to the nominee’s commitment to ure to enact appropriations; read the first tation. time. EC–3473. A communication from the Acting respond to requests to appear and tes- By Mr. PORTMAN (for himself and Mr. Director, National Marine Fisheries Service, tify before any duly constituted com- CASEY): Department of Commerce, transmitting, pur- mittee of the Senate. S. 3010. A bill to amend title XIX of the So- suant to law, the report of a rule entitled (Nominations without an asterisk cial Security Act to enable greater partici- ‘‘Atlantic Highly Migratory Species; 2020 At- were reported with the recommenda- pation by seniors and Medicare beneficiaries lantic Shark Commercial Fishing Year’’ tion that they be confirmed.) in State Medicaid programs for working peo- (RIN0648–XP004) received during adjourn- f ple with disabilities; to the Committee on ment of the Senate in the Office of the Presi- Finance. dent of the Senate on December 6, 2019; to By Mrs. MURRAY: the Committee on Commerce, Science, and INTRODUCTION OF BILLS AND JOINT RESOLUTIONS S. 3011. A bill to authorize demonstration Transportation. projects to improve educational and housing EC–3474. A communication from the Acting The following bills and joint resolu- outcomes for children; to the Committee on Director, National Marine Fisheries Service, tions were introduced, read the first Health, Education, Labor, and Pensions. Department of Commerce, transmitting, pur- and second times by unanimous con- By Mr. TOOMEY: suant to law, the report of a rule entitled sent, and referred as indicated: S. 3012. A bill to amend the Private Secu- ‘‘Fisheries of the Northeastern United rity Officer Employment Authorization Act States; Atlantic Herring Fishery; 2019 Man- By Mr. CRUZ (for himself, Mr. CRAPO, of 2004 to establish a national criminal his- agement Area 1A Sub-Annual Catch Limit Mr. KENNEDY, Mr. TILLIS, Mr. INHOFE, tory background check system and criminal Harvested’’ (RIN0648–XX033) received during Mr. LEE, Mrs. HYDE-SMITH, Mr. history review program for private security adjournment of the Senate in the Office of CORNYN, Mr. SASSE, and Mr. BRAUN): officers; to the Committee on the Judiciary. the President of the Senate on December 6, S. 3003. A bill to provide requirements for By Mr. TOOMEY (for himself and Mr. 2019; to the Committee on Commerce, the appropriate Federal banking agencies CRAPO): Science, and Transportation. when requesting or ordering a depository in- S. 3013. A bill to amend title XVIII of the EC–3475. A communication from the Dep- stitution to terminate a specific customer Social Security Act to allow for the offering uty Assistant Administrator, National Ma- account, to provide for additional require- of additional prescription drug plans under rine Fisheries Service, Department of Com- ments related to subpoenas issued under the Medicare part D; to the Committee on Fi- merce, transmitting, pursuant to law, the re- Financial Institutions Reform, Recovery, nance. port of a rule entitled ‘‘Fisheries of the and Enforcement Act of 1989, and for other By Mr. MARKEY: Northeastern United States; Jonah Crab purposes; to the Committee on Banking, S. 3014. A bill to require congressional ap- Fishery; Interstate Fishery Management Housing, and Urban Affairs. proval for civilian nuclear cooperation under Plan for Jonah Crab’’ (RIN0648–BF43) re- By Mr. MARKEY (for himself, Mrs. certain circumstances, and for other pur- ceived during adjournment of the Senate in SHAHEEN, Mr. MERKLEY, Ms. BALD- poses; to the Committee on Foreign Rela- the Office of the President of the Senate on WIN, Ms. KLOBUCHAR, and Mr. CASEY): tions.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.020 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6950 CONGRESSIONAL RECORD — SENATE December 10, 2019 SUBMISSION OF CONCURRENT AND the Interdiction for the Protection of Arizona (Ms. SINEMA) were added as co- SENATE RESOLUTIONS Child Victims of Exploitation and sponsors of S. 995, a bill to amend title The following concurrent resolutions Human Trafficking Program to train XXIX of the Public Health Service Act and Senate resolutions were read, and law enforcement officers to identify to reauthorize the program under such referred (or acted upon), as indicated: and assist victims of child exploitation title relating to lifespan respite care. and human trafficking. S. 1130 By Mr. MARKEY (for himself, Mr. CAR- PER, Mr. REED, Mr. WYDEN, Mr. S. 500 At the request of Mr. CASEY, the CASEY, Ms. HASSAN, Ms. SMITH, Mr. At the request of Mr. PORTMAN, the name of the Senator from Minnesota MERKLEY, Mr. BOOKER, Mr. DURBIN, name of the Senator from New Hamp- (Ms. SMITH) was added as a cosponsor Ms. KLOBUCHAR, Mr. VAN HOLLEN, shire (Mrs. SHAHEEN) was added as a co- of S. 1130, a bill to amend the Public Mrs. SHAHEEN, Mr. BLUMENTHAL, and sponsor of S. 500, a bill to amend title Health Service Act to improve the Mr. WHITEHOUSE): 54, United States Code, to establish, health of children and help better un- S. Res. 449. A resolution expressing the derstand and enhance awareness about sense of the Senate that the Nation, States, fund, and provide for the use of cities, Tribal nations, and businesses, insti- amounts in a National Park Service unexpected sudden death in early life. tutions of higher education, and other insti- Legacy Restoration Fund to address S. 1254 tutions in the United States should work to- the maintenance backlog of the Na- At the request of Mr. YOUNG, the ward achieving the goals of the Paris Agree- tional Park Service, and for other pur- name of the Senator from Montana ment; to the Committee on Foreign Rela- poses. (Mr. TESTER) was added as a cosponsor tions. S. 505 of S. 1254, a bill to require the Sec- By Mr. COONS (for himself and Mr. At the request of Ms. DUCKWORTH, retary of Transportation to review and TILLIS): report on certain laws, safety meas- S. Res. 450. A resolution recognizing the the names of the Senator from Ohio 71st anniversary of the Universal Declara- (Mr. BROWN), the Senator from ures, and technologies relating to the tion of Human Rights and the celebration of Vermont (Mr. SANDERS) and the Sen- illegal passing of school buses, and for ‘‘Human Rights Day’’; to the Committee on ator from Connecticut (Mr. MURPHY) other purposes. the Judiciary. were added as cosponsors of S. 505, a S. 1563 By Ms. COLLINS (for herself, Ms. bill to ensure due process protections At the request of Mr. BURR, the name STABENOW, Mrs. FEINSTEIN, Mrs. of individuals in the United States of the Senator from Alabama (Mr. MURRAY, Ms. CANTWELL, Ms. JONES) was added as a cosponsor of S. KLOBUCHAR, Mrs. SHAHEEN, Mrs. against unlawful detention based solely 1563, a bill to amend the Public Health GILLIBRAND, Ms. WARREN, Mrs. FISCH- on a protected characteristic. ER, Mrs. CAPITO, Ms. ERNST, Ms. S. 510 Service Act with respect to the Agency DUCKWORTH, Ms. HASSAN, Ms. HARRIS, At the request of Mr. MARKEY, the for Toxic Substances and Disease Reg- Ms. SMITH, Mrs. HYDE-SMITH, Mrs. name of the Senator from New York istry’s review and publication of illness BLACKBURN, Ms. SINEMA, Ms. (Mrs. GILLIBRAND) was added as a co- and conditions relating to veterans sta- MCSALLY, Ms. ROSEN, Ms. HIRONO, tioned at Camp Lejeune, North Caro- Ms. CORTEZ MASTO, Ms. BALDWIN, and sponsor of S. 510, a bill to amend the Communications Act of 1934 to provide lina, and their family members, and for Ms. MURKOWSKI): other purposes. S. Res. 451. A resolution congratulating as- for certain requirements relating to tronauts Dr. Jessica U. Meir and Christina H. charges for internet, television, and S. 1820 Koch for the historic accomplishment of voice services, and for other purposes. At the request of Mrs. GILLIBRAND, the name of the Senator from Con- completing the first all-female spacewalk; S. 511 considered and agreed to. necticut (Mr. BLUMENTHAL) was added At the request of Mrs. GILLIBRAND, By Mr. ISAKSON (for himself, Mr. as a cosponsor of S. 1820, a bill to im- the name of the Senator from Pennsyl- COONS, Mr. RISCH, Mr. MENENDEZ, Mr. prove the integrity and safety of horse- vania (Mr. CASEY) was added as a co- SULLIVAN, and Mr. BOOKER): racing by requiring a uniform anti- S. Res. 452. A resolution commemorating sponsor of S. 511, a bill to promote and doping and medication control pro- and supporting the goals of World AIDS Day; protect from discrimination living gram to be developed and enforced by to the Committee on Foreign Relations. organ donors. an independent Horseracing Anti- f S. 580 Doping and Medication Control Au- At the request of Ms. ERNST, the ADDITIONAL COSPONSORS thority. name of the Senator from Mississippi S. 1863 S. 109 (Mrs. HYDE-SMITH) was added as a co- At the request of Mr. DURBIN, the At the request of Mr. WICKER, the sponsor of S. 580, a bill to amend the name of the Senator from New York name of the Senator from Florida (Mr. Act of August 25, 1958, commonly (Mrs. GILLIBRAND) was added as a co- SCOTT) was added as a cosponsor of S. known as the ‘‘Former Presidents Act sponsor of S. 1863, a bill to require the 109, a bill to prohibit taxpayer funded of 1958’’, with respect to the monetary Secretary of the Interior to conduct a abortions. allowance payable to a former Presi- special resource study of the sites asso- S. 133 dent, and for other purposes. ciated with the life and legacy of the At the request of Ms. MURKOWSKI, the S. 651 noted American philanthropist and name of the Senator from Oregon (Mr. At the request of Mr. CASEY, the business executive Julius Rosenwald, MERKLEY) was added as a cosponsor of name of the Senator from Arizona (Ms. with a special focus on the Rosenwald S. 133, a bill to award a Congressional MCSALLY) was added as a cosponsor of Schools, and for other purposes. Gold Medal, collectively, to the United S. 651, a bill to amend the Internal S. 1908 States merchant mariners of World Revenue Code of 1986 to increase the At the request of Mrs. GILLIBRAND, War II, in recognition of their dedi- age requirement with respect to eligi- the name of the Senator from Colorado cated and vital service during World bility for qualified ABLE programs. (Mr. BENNET) was added as a cosponsor War II. S. 879 of S. 1908, a bill to amend the Richard S. 182 At the request of Mrs. FEINSTEIN, the B. Russell National School Lunch Act At the request of Mr. KENNEDY, the name of the Senator from Rhode Island to improve the efficiency of summer name of the Senator from Texas (Mr. (Mr. WHITEHOUSE) was added as a co- meals. CORNYN) was added as a cosponsor of S. sponsor of S. 879, a bill to provide a S. 1989 182, a bill to prohibit discrimination process for granting lawful permanent At the request of Mr. SCOTT of South against the unborn on the basis of sex, resident status to aliens from certain Carolina, the name of the Senator from and for other purposes. countries who meet specified eligibility Louisiana (Mr. CASSIDY) was added as a S. 251 requirements, and for other purposes. cosponsor of S. 1989, a bill to amend At the request of Ms. CORTEZ MASTO, S. 995 title XVIII of the Social Security Act the name of the Senator from Ten- At the request of Ms. COLLINS, the to provide for transparency of Medicare nessee (Mrs. BLACKBURN) was added as names of the Senator from Rhode Is- secondary payer reporting information, a cosponsor of S. 251, a bill to establish land (Mr. REED) and the Senator from and for other purposes.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.023 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6951 S. 2001 S. 2661 expeditious public transmission to the At the request of Ms. STABENOW, the At the request of Mr. GARDNER, the Archivist and public disclosure of Miss- names of the Senator from Oregon (Mr. names of the Senator from Arizona ing Armed Forces Personnel records, MERKLEY) and the Senator from Mary- (Ms. SINEMA), the Senator from Indiana and for other purposes. land (Mr. VAN HOLLEN) were added as (Mr. YOUNG) and the Senator from Ne- S. 2802 cosponsors of S. 2001, a bill to award a braska (Mrs. FISCHER) were added as At the request of Ms. CANTWELL, the Congressional Gold Medal to Willie cosponsors of S. 2661, a bill to amend names of the Senator from Alaska (Mr. O’Ree, in recognition of his extraor- the Communications Act of 1934 to des- SULLIVAN), the Senator from Alaska dinary contributions and commitment ignate 9–8-8 as the universal telephone (Ms. MURKOWSKI) and the Senator from to hockey, inclusion, and recreational number for the purpose of the national Hawaii (Mr. SCHATZ) were added as co- opportunity. suicide prevention and mental health sponsors of S. 2802, a bill to amend the S. 2179 crisis hotline system operating Marine Mammal Protection Act of 1972 At the request of Mr. CARDIN, the through the National Suicide Preven- to reauthorize and modify the John H. name of the Senator from Virginia (Mr. tion Lifeline and through the Veterans Prescott Marine Mammal Rescue and KAINE) was added as a cosponsor of S. Crisis Line, and for other purposes. Response Grant Program, and for other 2179, a bill to amend the Older Ameri- S. 2683 purposes. cans Act of 1965 to provide social serv- At the request of Mr. BURR, the S. 2803 ice agencies with the resources to pro- names of the Senator from Georgia At the request of Mr. BROWN, the vide services to meet the urgent needs (Mr. ISAKSON) and the Senator from name of the Senator from Florida (Mr. of Holocaust survivors to age in place Minnesota (Ms. SMITH) were added as RUBIO) was added as a cosponsor of S. with dignity, comfort, security, and cosponsors of S. 2683, a bill to establish 2803, a bill to provide Federal housing quality of life. a task force to assist States in imple- assistance on behalf of youths who are S. 2365 menting hiring requirements for child aging out of foster care, and for other At the request of Mr. UDALL, the care staff members to improve child purposes. safety. name of the Senator from Arizona (Ms. S. 2826 MCSALLY) was added as a cosponsor of S. 2740 At the request of Mr. YOUNG, the S. 2365, a bill to amend the Indian At the request of Mr. CASEY, the name of the Senator from Colorado Health Care Improvement Act to au- name of the Senator from Arizona (Ms. (Mr. GARDNER) was added as a cospon- thorize urban Indian organizations to SINEMA) was added as a cosponsor of S. sor of S. 2826, a bill to require a global enter into arrangements for the shar- 2740, a bill to amend the Federal Food, economic security strategy, and for ing of medical services and facilities, Drug, and Cosmetic Act to clarify the other purposes. and for other purposes. regulatory framework with respect to S. 2836 S. 2434 certain nonprescription drugs that are At the request of Mrs. MURRAY, the At the request of Mr. PETERS, the marketed without an approved new name of the Senator from Rhode Island name of the Senator from Virginia (Mr. drug application, and for other pur- (Mr. REED) was added as a cosponsor of WARNER) was added as a cosponsor of S. poses. S. 2836, a bill to prohibit the Secretary 2434, a bill to establish the National S. 2754 of Health and Human Services from Criminal Justice Commission. At the request of Mr. KENNEDY, the taking any action to implement, en- S. 2539 names of the Senator from Missouri force, or otherwise give effect to the At the request of Mr. RUBIO, the (Mr. BLUNT) and the Senator from Cali- final rule, entitled ‘‘Protecting Statu- name of the Senator from Arizona (Ms. fornia (Mrs. FEINSTEIN) were added as tory Conscience Rights in Health Care; MCSALLY) was added as a cosponsor of cosponsors of S. 2754, a bill to create Delegations of Authority’’. S. 2539, a bill to modify and reauthorize jobs and drive innovation and economic the Tibetan Policy Act of 2002, and for growth in the United States by sup- S. 2871 other purposes. porting and promoting the manufac- At the request of Mr. UDALL, the name of the Senator from Nevada (Ms. S. 2546 ture of next-generation technologies, CORTEZ MASTO) was added as a cospon- At the request of Ms. MURKOWSKI, the including refrigerants, solvents, fire name of the Senator from Maine (Ms. suppressants, foam blowing agents, sor of S. 2871, a bill to amend the Inter- nal Revenue Code of 1986 to exclude COLLINS) was added as a cosponsor of S. aerosols, and propellants. from gross income payments under the 2546, a bill to amend the Employee Re- S. 2772 Indian Health Service Loan Repayment tirement Income Security Act of 1974 At the request of Ms. COLLINS, the to require a group health plan or name of the Senator from Alaska (Ms. Program and certain amounts received under the Indian Health Professions health insurance coverage offered in MURKOWSKI) was added as a cosponsor connection with such a plan to provide of S. 2772, a bill to amend title XVIII of Scholarships Program. an exceptions process for any medica- the Social Security Act to provide for S. 2881 tion step therapy protocol, and for treatment of clinical psychologists as At the request of Mr. WICKER, the other purposes. physicians for purposes of furnishing name of the Senator from Nebraska S. 2561 clinical psychologist services under the (Mrs. FISCHER) was added as a cospon- At the request of Mr. BLUMENTHAL, Medicare program. sor of S. 2881, a bill to require the Fed- the name of the Senator from Oregon S. 2791 eral Communications Commission to (Mr. MERKLEY) was added as a cospon- At the request of Mr. RUBIO, the make not less than 280 megahertz of sor of S. 2561, a bill to amend the Lacey name of the Senator from Tennessee spectrum available for terrestrial use, Act Amendments of 1981 to clarify pro- (Mrs. BLACKBURN) was added as a co- and for other purposes. visions enacted by the Captive Wildlife sponsor of S. 2791, a bill to amend title S. 2898 Safety Act, to further the conservation 5, United States Code, to provide that At the request of Mr. INHOFE, the of certain wildlife species, and for sums in the Thrift Savings Fund may name of the Senator from Nebraska other purposes. not be invested in securities that are (Mrs. FISCHER) was added as a cospon- S. 2570 listed on certain foreign exchanges, sor of S. 2898, a bill to amend title 5, At the request of Ms. SINEMA, the and for other purposes. United States Code, to provide for a names of the Senator from Delaware S. 2794 full annuity supplement for certain air (Mr. CARPER) and the Senator from At the request of Mr. CRAPO, the traffic controllers. Michigan (Ms. STABENOW) were added name of the Senator from South Da- S. 2944 as cosponsors of S. 2570, a bill to award kota (Mr. ROUNDS) was added as a co- At the request of Ms. MCSALLY, the a Congressional Gold Medal to Greg sponsor of S. 2794, a bill to provide for name of the Senator from Montana LeMond in recognition of his service to the creation of the Missing Armed (Mr. TESTER) was added as a cosponsor the United States as an athlete, activ- Forces Personnel Records Collection at of S. 2944, a bill to amend title 10, ist, role model, and community leader. the National Archives, to require the United States Code, to include digital

VerDate Sep 11 2014 07:17 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.025 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6952 CONGRESSIONAL RECORD — SENATE December 10, 2019 breast tomosynthesis as a primary and S. RES. 385 Her next comment surprised me, preventative health care service under At the request of Mr. MENENDEZ, the though. She said she has worked for a the military health system and the name of the Senator from Maryland Federal agency for years, but she is re- TRICARE program. (Mr. CARDIN) was added as a cosponsor tiring in January because she is so S. 2953 of S. Res. 385, a resolution celebrating tired of constantly having to prepare At the request of Mr. MENENDEZ, the the 30th anniversary of the fall of the for, get set for a government shutdown name of the Senator from Illinois (Ms. Berlin Wall, the reunification of both that may be pending in the days ahead. DUCKWORTH) was added as a cosponsor Germany and Europe, and the spread of It has worn her out. of S. 2953, a bill to provide congres- democracy around the world. Someone who has great wisdom and sional oversight of United States talks f experience and is serving in one of our with Taliban officials and Afghani- Federal agencies is retiring in January, STATEMENTS ON INTRODUCED and we will lose those years of experi- stan’s comprehensive peace process. BILLS AND JOINT RESOLUTION S. 2984 ence because she is tired of dealing At the request of Mr. THUNE, the By Mr. LANKFORD (for himself, with shutdowns. I don’t blame her, name of the Senator from Indiana (Mr. Ms. HASSAN, Mr. ENZI, Mr. quite frankly, although I wish she YOUNG) was added as a cosponsor of S. JOHNSON, Mr. KING, and Mr. wouldn’t leave. I don’t blame her be- 2984, a bill to amend the Internal Rev- KAINE): cause year after year we end up in this enue Code of 1986 to allow for certain S. 3009. A bill to provide for a period same conversation: Are we going to residential rental property to be depre- of continuing appropriations in the have another shutdown? ciated over a 30-year period. event of a lapse in appropriations It seems like every year, as we ap- under the normal appropriations proc- S. RES. 142 proach Christmas, Federal families ess, and establish procedures and con- At the request of Mr. MARKEY, the across the country wonder if they are name of the Senator from Maryland sequences in the event of a failure to about to be furloughed and won’t get a enact appropriations; read the first (Mr. CARDIN) was added as a cosponsor check soon. of S. Res. 142, a resolution condemning time. Federal agency leaders—those who Mr. LANKFORD. Mr. President, 2019 the Government of the Philippines for are Senate confirmed all the way is almost over, but there is a lot that its continued detention of Senator through the process of leadership— still has to be done on this floor. Leila De Lima, calling for her imme- aren’t spending their time on vision- A lot of bills have moved through diate release, and for other purposes. setting and on oversight; they are this year. In fact, we have had 78 bills spending their time in their office hav- S. RES. 152 that have been signed into law so far ing to figure out what to do in case At the request of Mr. MENENDEZ, the this year. there is a government shutdown or name of the Senator from Delaware This year, as we worked through the working through the process of a con- (Mr. COONS) was added as a cosponsor process, we have had quite a few judges tinuing resolution because they only of S. Res. 152, a resolution expressing and nominations that the Senate has get funding a few days at a time. the importance of the United States al- actually worked through. In fact, by All of us know this is bad, but for liance with the Republic of Korea and the end of this week, we will have con- years, we have discussed ending gov- the contributions of Korean Americans firmed our 50th circuit court judge. ernment shutdowns but have never in the United States. There is a lot of engagement, but done it. Senator HASSAN and I have put S. RES. 215 with a week and a half left on this together a nonpartisan bill that is a At the request of Mr. BRAUN, the floor, we still have issues like the very straightforward approach that we name of the Senator from Delaware United States-Mexico-Canada Trade bring to this body and to the House to (Mr. COONS) was added as a cosponsor Agreement. That agreement, which is say: Let’s take government shutdowns of S. Res. 215, a resolution calling for called the USMCA, has been sitting off the table forever. Let’s make this so greater religious and political freedoms over in the House for 14 months. It that in the decades ahead, we will talk in Cuba, and for other purposes. looks like the House is now going to about the way back days long ago when S. RES. 260 take it up this week or next week after we used to have government shut- At the request of Ms. COLLINS, the 14 months of its being there. We are downs. In this body now, we have had name of the Senator from New Hamp- pleased to see some movement there. 21 government shutdowns in the last 40 shire (Mrs. SHAHEEN) was added as a co- We have to see the final implementing years. Let’s talk about the days that sponsor of S. Res. 260, a resolution rec- language on that. used to happen but never happens ognizing the importance of sustained We hope to move the national defense again. United States leadership to accel- authorization bill. That has been wait- We have a very straightforward, sim- erating global progress against mater- ing for months and months and months ple solution. Our simple solution is, if nal and child malnutrition and sup- under the capable leadership of Senator we get to the end of the funding cycle— porting the commitment of the United INHOFE, who is trying to negotiate with at this point, it would be December States Agency for International Devel- the House to get that done. Hopefully 20—we will have an automatic con- opment to global nutrition through the that will get done either this week or tinuing resolution that kicks in so that Multi-Sectoral Nutrition Strategy. next week, but it is cramming into the Federal families don’t feel the effect of S. RES. 318 end of the year. that across the country. They are not At the request of Mr. RISCH, the We have 12 appropriations bills that on furlough, but Members of Congress name of the Senator from Massachu- are still unfinished, and we face a dead- and our staff work 7 days a week. We setts (Ms. WARREN) was added as a co- line of December 20, or we will run into have session here 7 days a week, and we sponsor of S. Res. 318, a resolution to another government shutdown, which can’t move to bills other than appro- support the Global Fund to fight AIDS, brings me to a bill that Senator HAS- priations for 30 days so that we are Tuberculosis and Malaria, and the SAN and I are dropping today, some- locked into settling the appropriations Sixth Replenishment. thing we have negotiated for months issue. S. RES. 371 across party lines to be able to have a The simple resolution is, if we get to At the request of Mr. ISAKSON, the nonpartisan solution to how we can the end of the fiscal year and our work name of the Senator from Texas (Mr. never ever again discuss government is not done, we keep working until it is CRUZ) was added as a cosponsor of S. shutdowns. done. It is not that hard, but we have Res. 371, a resolution reaffirming the This past week when I was flying never made the commitment to each support of the United States for the back to DC from home, on the plane as other that we will stay here and con- people of the Republic of South Sudan I was coming up, there was a Federal tinue to work until it is done. What we and calling on all parties to uphold employee who caught me in the aisle of have done instead is one of two things. their commitments to peace and dia- the plane and said: Hey, I hear you are We just punt a CR, a continuing resolu- logue as outlined in the 2018 revitalized working on stopping government shut- tion, for months at a time and say peace agreement. downs. Thank you. ‘‘OK. Let’s get back to this in 8

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.027 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6953 weeks,’’ which is what we did before, Whereas the ‘‘Special Report on Global Whereas more than 3,200,000 people in the and then before that, there was a 4- Warming of 1.5 °C’’ by the Intergovernmental United States work in clean energy in all 50 week continuing resolution. So we just Panel on Climate Change and the Fourth Na- States, including in industries relating to punt it out and say, ‘‘We will keep tional Climate Assessment report found wind energy, solar energy, energy efficiency, that— clean vehicles, and energy storage; going, and we will try to figure this out (1) human activity is the dominant cause Whereas, in 2017, approximately 457,000 later,’’ which puts a lot of chaos in of observed climate change over the past people in the United States were working in agencies, or we do a government shut- century; the solar and wind industries, including roof- down while we argue. We go home, and (2) a changing climate is causing sea levels ers, electricians, and steel workers; Federal workers are on furlough. to rise and an increase in wildfires, severe Whereas the majority of clean energy jobs Let’s commit to each other that we storms, droughts, and other extreme weather in the United States are blue collar jobs that will never do that again. We will never events that threaten infrastructure and pay well; human life; put Federal workers on furlough be- Whereas the ‘‘2018 U.S. Energy and Em- (3) global warming at or above 2 degrees ployment Report’’ found that jobs in the en- cause we can’t resolve our differences. Celsius beyond pre-industrialized levels will ergy efficiency and renewable energy sector Let’s also commit to each other that cause— outnumber fossil fuel jobs in the United when we get to the end of the fiscal (A) mass migration from regions most af- States 3 to 1; year, we will resolve the problem right fected by climate change; Whereas the establishment of the vehicle then. There is nothing different this (B) more than $500,000,000,000 in lost an- fuel economy emissions standards agreed to nual economic output in the United States in 2012 for vehicle model years 2022 through week than there was 7 weeks ago when by the year 2100; we first started a continuing resolu- 2025— (C) wildfires that, by 2050, will annually (1) is the single most significant action tion. There is nothing different about burn at least twice as much forest area in that has been taken to reduce global warm- it other than we have just decided to the western United States than was typi- ing pollution; go ahead and get it resolved. cally burned by wildfires in the years pre- (2) has helped create more than 1,070,000 When we get to the end of the prob- ceding 2019; domestic jobs in the automobile industry of lem, this Congress needs a deadline to (D) a loss of greater than 99 percent of all the United States; coral reefs on Earth; resolve it. Let’s make it, and let’s (3) will save consumers in the United (E) more than 350,000,000 more people to States nearly $100,000,000,000 at the gas make it very simple and straight- be exposed globally to deadly heat stress pump; and forward: We will stay at it until we by 2050; and (4) will reduce the reliance of the United solve it—that is our commitment—and (F) a risk of damage to public infrastruc- States on foreign oil by an estimated we will hold Federal workers harmless ture and coastal real estate in the United 2,500,000 barrels per day by 2030; through that process. States valued at an estimated Whereas the 2019 report ‘‘Accelerating $1,000,000,000,000; Senator HASSAN and I have worked America’s Pledge’’ found that the States, (4) global temperatures must be kept below on this for months. We have three Re- cities, Tribal nations, businesses, and insti- 1.5 degrees Celsius above pre-industrialized tutions of higher education of the United publicans and three Democrats as we levels to avoid the most severe impacts of a States that support the objectives of the are putting this in front of this body changing climate; and Paris Agreement— today. We have multiple folks who (5) limiting global warming will require (1) represent more than 70 percent of the have already contacted us and said the extensive use of clean, renewable energy United States economy and more than 50 they want to be added as cosponsors as sources, low-carbon-emitting vehicles, en- percent of the emissions of the United soon as we drop it. ergy efficiency, reforestation, and account- States; (2) are already making significant con- Well, today is the day we have intro- ing of carbon emissions equal to the social and environmental costs of those emissions; tributions to emissions reductions; and duced that bill, and we would welcome Whereas, in 2018, carbon dioxide emissions (3) have the potential to reduce emissions any of the 100 of us to join us in a non- from fossil fuel consumption in the United even further; partisan bill to end government shut- States rose 2.8 percent after the economy of Whereas the We Are Still In coalition— downs forever. Let’s keep working the United States grew by 18.4 percent be- (1) has committed to uphold the Paris until we solve the problem. tween 2005 and 2016, while net greenhouse gas Agreement and the commitment of the emissions decreased by 12.1 percent during United States to reduce emissions 26 to 28 f that period; percent below 2005 levels by 2025; and (2) since the launch of the coalition in 2017, Whereas 37 States have set renewable en- SUBMITTED RESOLUTIONS has tripled in size to nearly 4,000 cities, ergy goals; States, businesses, universities, healthcare Whereas 29 of the 37 States that have set organizations, faith groups, and cultural in- renewable energy goals, 3 territories of the stitutions in all 50 States as of 2019; and SENATE RESOLUTION 449—EX- United States, and the District of Columbia PRESSING THE SENSE OF THE have adopted renewable electricity standard Whereas the United States needs both a SENATE THAT THE NATION, requirements to demand clean energy pro- fully engaged Federal Government and cit- STATES, CITIES, TRIBAL NA- duction; ies, States, and businesses working together TIONS, AND BUSINESSES, INSTI- Whereas 23 States and the District of Co- to reduce emissions and avoid the worst im- TUTIONS OF HIGHER EDUCATION, lumbia have adopted greenhouse gas emis- pacts of climate change: Now, therefore, be sions targets; it AND OTHER INSTITUTIONS IN Resolved, That it is the sense of the Senate THE UNITED STATES SHOULD Whereas 27 States have adopted energy ef- ficiency resource standards; that the United States— WORK TOWARD ACHIEVING THE Whereas 10 States have adopted zero-emis- (1) should remain a party to the Paris GOALS OF THE PARIS AGREE- sion vehicle targets; Agreement; MENT Whereas 9 States have implemented the (2) should support policies at the Federal, State, and local level that promote the re- Mr. MARKEY (for himself, Mr. CAR- Regional Greenhouse Gas Initiative to con- struct a market-based system that sets a cap duction of global warming pollution and aim PER, Mr. REED, Mr. WYDEN, Mr. CASEY, on emissions from the electric sector that to meet the objectives of the Paris Agree- Ms. HASSAN, Ms. SMITH, Mr. MERKLEY, declines by— ment; and Mr. BOOKER, Mr. DURBIN, Ms. (1) 2.5 percent per year through 2020; and (3) should support the efforts of businesses KLOBUCHAR, Mr. VAN HOLLEN, Mrs. (2) 3 percent per year from 2021 through and investors to take action on climate SHAHEEN, Mr. BLUMENTHAL, and Mr. 2030; change. WHITEHOUSE) submitted the following Whereas the States of Virginia, New Jer- f sey, and Pennsylvania are making efforts to resolution; which was referred to the SENATE RESOLUTION 450—RECOG- Committee on Foreign Relations: join the Regional Greenhouse Gas Initiative in 2020; NIZING THE 71ST ANNIVERSARY S. RES. 449 Whereas the State of California has a OF THE UNIVERSAL DECLARA- Whereas all of the 197 parties to the United strategy to reduce greenhouse gas emissions TION OF HUMAN RIGHTS AND Nations Framework Convention on Climate to 40 percent below 1990 levels by 2030; THE CELEBRATION OF ‘‘HUMAN Change have signed or acceded to the deci- Whereas, in the United States, 90 cities, 11 RIGHTS DAY’’ sion by the United Nations Framework Con- counties, 2 States, and the District of Colum- vention on Climate Change’s 21st Conference bia have adopted 100 percent clean and re- Mr. COONS (for himself and Mr. of Parties in Paris, France, adopted Decem- newable energy goals, and 217 companies TILLIS) submitted the following resolu- ber 12, 2015 (referred to in this preamble as have committed to 100 percent renewable en- tion; which was referred to the Com- the ‘‘Paris Agreement’’); ergy; mittee on the Judiciary:

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S. RES. 450 Whereas Dr. Meir and Ms. Koch continue Whereas the United States is the largest Whereas the Universal Declaration of to perform critical tasks in support of the donor to the Global Fund to Fight AIDS, Tu- Human Rights, adopted by the United Na- mission of the National Aeronautics and berculosis and Malaria and, as of December tions on December 10, 1948, represents the Space Administration (referred to in this 2019, every $1 contributed by the United first comprehensive agreement among coun- preamble as ‘‘NASA’’) and are conducting States has leveraged an additional $2 from tries as to the specific rights and freedoms of numerous experiments to advance scientific other donors; all human beings; knowledge and the understanding of the Whereas the United States President’s Whereas the Universal Declaration of long-term effects of space on humans; Emergency Plan for AIDS Relief (PEPFAR) Human Rights upholds the basic principles of Whereas Ms. Koch is expected to break the program remains the largest commitment in liberty and freedom enshrined in the Con- record for the longest single spaceflight by a history by any country to combat a single stitution of the United States and the Bill of woman when she completes her mission to disease; Rights; the International Space Station, spending Whereas, as of 2018, PEPFAR has supported Whereas awareness of human rights— 328 total consecutive days in space; treatment for approximately 14,600,000 peo- (1) is essential to the realization of funda- Whereas Dr. Meir is a native of Caribou, ple, including by providing antiretroviral mental freedoms; Maine, and her impressive academic creden- drugs to 2,400,000 pregnant women living (2) promotes equality; tials include a bachelor of arts in Biology with HIV to prevent the transmission of HIV (3) contributes to preventing conflict and from Brown University, a master of science from mother to child during birth; human rights violations; and in Space Studies from the International Whereas, in fiscal year 2018, PEPFAR di- (4) enhances participation in democratic Space University, and a doctorate in Marine rectly supported HIV testing and counseling processes; Biology from the Scripps Institution of for nearly 95,000,000 people; Whereas Congress has a proud history of Oceanography; Whereas considerable progress has been promoting human rights that are inter- Whereas Ms. Koch is a native of Grand made in the fight against HIV/AIDS, includ- nationally recognized; and Rapids, Michigan, and her superior academic ing a 16-percent reduction in new HIV infec- Whereas December 10 of each year is cele- credentials include a bachelor of science in tions, a 41-percent reduction in new HIV in- brated around the world as ‘‘Human Rights Electrical Engineering, a bachelor of science fections among children, and a 33-percent re- Day’’: Now, therefore, be it in Physics, and a master of science in Elec- duction in the number of AIDS-related Resolved, That the Senate— trical Engineering from North Carolina deaths between 2010 and 2018; (1) designates December 10, 2019, as State University; Whereas approximately 23,300,000 people ‘‘Human Rights Day’’; Whereas NASA did not even admit women had access to antiretroviral therapy in 2018, (2) recognizes the 71st anniversary of the into its astronaut program until 1978; compared to only 7,700,000 people who had ac- Universal Declaration of Human Rights; Whereas Dr. Meir and Ms. Koch were both cess to such therapy in 2010; (3) reaffirms the Universal Declaration of members of the 2013 Astronaut Candidate Whereas it is estimated that, without Human Rights; Class of NASA, which was comprised of 8 as- treatment, 1⁄2 of all infants living with HIV (4) supports the right of human rights de- tronauts and was the first class to include will die before their second birthday; fenders all over the world to promote the equal numbers of men and women; Whereas, despite the remarkable progress fundamental freedoms enshrined in the Uni- Whereas Dr. Meir and Ms. Koch are an in- in combatting HIV/AIDS, significant chal- versal Declaration of Human Rights; and spiration to girls and boys across the United lenges remain; (5) encourages the people of the United States and have spoken to hundreds of stu- Whereas there were approximately 1,700,000 States— dents from the International Space Station new HIV infections in 2018, structural bar- (A) to observe Human Rights Day; and to answer their questions and to encourage riers continue to make testing and treat- (B) to continue a commitment to uphold- them to pursue their dreams; ment programs inaccessible to highly vul- ing freedom, democracy, and human rights Whereas developing the next generation of nerable populations, and an estimated around the globe. women astronauts is a priority for the study 8,100,000 people living with HIV globally still and exploration of space: Now, therefore, be do not know their HIV status; f it Whereas the Centers for Disease Control SENATE RESOLUTION 451—CON- Resolved, That the Senate— and Prevention estimates that more than GRATULATING ASTRONAUTS DR. (1) congratulates and expresses pride in Dr. 37,000 people are diagnosed with HIV in the JESSICA U. MEIR AND CHRIS- Jessica U. Meir and Christina H. Koch for United States every year and 14 percent of successfully completing the first all-female the 1,100,000 people in the United States liv- TINA H. KOCH FOR THE HIS- spacewalk in history; and TORIC ACCOMPLISHMENT OF ing with HIV are not aware of their HIV sta- (2) supports the efforts of the National Aer- tus; COMPLETING THE FIRST ALL-FE- onautics and Space Administration (referred Whereas, in the United States, more than MALE SPACEWALK to in this resolving clause as ‘‘NASA’’) to— 675,000 people with AIDS have died since the Ms. COLLINS (for herself, Ms. (A) fully integrate women into the astro- beginning of the HIV/AIDS epidemic, includ- naut corps; and STABENOW, Mrs. FEINSTEIN, Mrs. MUR- ing 15,807 deaths among people with diag- (B) ensure that one of the next humans to nosed HIV in 2017, with the disease dis- RAY, Ms. CANTWELL, Ms. KLOBUCHAR, walk on the Moon will be a woman. proportionately affecting minority commu- Mrs. SHAHEEN, Mrs. GILLIBRAND, Ms. f nities; WARREN, Mrs. FISCHER, Mrs. CAPITO, Whereas December 1 of each year is inter- Ms. ERNST, Ms. DUCKWORTH, Ms. HAS- SENATE RESOLUTION 452—COM- nationally recognized as ‘‘World AIDS Day’’; SAN, Ms. HARRIS, Ms. SMITH, Mrs. MEMORATING AND SUPPORTING and HYDE-SMITH, Mrs. BLACKBURN, Ms. THE GOALS OF WORLD AIDS DAY Whereas, in 2019, commemorations for SINEMA, Ms. MCSALLY, Ms. ROSEN, Ms. Mr. ISAKSON (for himself, Mr. World AIDS Day focused on the vital role that communities play in addressing the HIRONO, Ms. CORTEZ MASTO, Ms. BALD- COONS, Mr. RISCH, Mr. MENENDEZ, Mr. HIV/AIDS epidemic: Now, therefore, be it WIN, and Ms. MURKOWSKI) submitted SULLIVAN, and Mr. BOOKER) submitted the following resolution; which was the following resolution; which was re- Resolved, That the Senate— considered and agreed to: ferred to the Committee on Foreign (1) supports the goals and ideals of World AIDS Day, including the goal to achieve zero S. RES. 451 Relations: new HIV infections, zero discrimination, and Whereas, on October 18, 2019, Dr. Jessica U. S. RES. 452 zero AIDS-related deaths; Meir and Christina H. Koch became the first Whereas, as of the end of 2018, an estimated (2) commends the efforts and achievements astronauts to take part in an all-female 37,900,000 people were living with human im- in combatting HIV/AIDS made by PEPFAR, spacewalk; munodeficiency virus (HIV) or acquired im- the Global Fund to Fight AIDS, Tuberculosis Whereas, although the first spacewalk munodeficiency syndrome (AIDS), including and Malaria, and the Joint United Nations took place in 1964, the first female spacewalk 1,700,000 children; Programme on HIV/AIDS; did not take place until 1984, when Kathryn Whereas the United Nations Sustainable (3) supports efforts to end the HIV epi- Sullivan became the first woman of the Development Goals established a global tar- demic in the United States by 2030; United States to perform a spacewalk with get to end AIDS as a public health threat by (4) urges, in order to ensure that an AIDS- male astronaut David Leestma; 2030; free generation is achievable, rapid action by Whereas the October 18, 2019 spacewalk was Whereas the Global Fund to Fight AIDS, all countries toward further expansion and the first spacewalk for Dr. Meir and the Tuberculosis and Malaria was launched in scale-up of antiretroviral treatment pro- fourth spacewalk for Ms. Koch; 2002, and, as of 2018, has helped provide grams, including efforts to reduce disparities Whereas, during the 7 hour and 7 minute antiretroviral therapy to approximately and improve access for children to life-sav- mission, the 2 astronauts successfully re- 18,900,000 people living with HIV/AIDS and to ing medications; placed a faulty 232-pound battery unit that 719,000 pregnant women to prevent the trans- (5) encourages the scaling up of com- charges and discharges the solar power sys- mission of HIV/AIDS to their children, sav- prehensive prevention services, including tem of the International Space Station; ing an estimated 32,000,000 lives; biomedical and structural interventions, to

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.031 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6955 ensure inclusive access to programs and ap- diciary is authorized to meet during Whereas the Global Fund’s requirements propriate protections for all people at risk of the session of the Senate on Tuesday, for co-financing have spurred domestic in- contracting HIV/AIDS, especially hard-to- December 10, 2019, at 2.30 p.m., to con- vestments, with recipient countries commit- reach populations; duct a hearing. ting 41 percent more of their own funding to (6) calls for greater focus on the HIV-re- fight AIDS, tuberculosis, and malaria for lated vulnerabilities of women and girls, in- f 2018–2020 compared to 2015–2017; cluding women and girls at risk for or who PRIVILEGES OF THE FLOOR Whereas the Global Fund has called on do- have survived violence or faced discrimina- nors to support its Sixth Replenishment by tion as a result of the disease; Mrs. MURRAY. Mr. President, I ask mobilizing a minimum of $14,000,000,000 in (7) supports continued leadership by the unanimous consent that an FDA donor commitments for 2021–2023; United States in domestic, bilateral, multi- detailee on my HELP Committee staff, Whereas Canada, the European Union, Ger- lateral, and private sector efforts to fight Michael Varrone, be granted floor many, India, Ireland, Italy, Luxembourg, HIV; privileges through August 2020. Japan, Portugal, Switzerland, and the (8) encourages and supports greater degrees The PRESIDING OFFICER. Without United Kingdom have responded to the call of ownership and shared responsibility by de- by significantly increasing their respective objection, it is so ordered. pledges for the Sixth Replenishment; veloping countries in order to ensure the sus- Mr. WYDEN. Mr. President, I ask tainability of the domestic responses to HIV/ Whereas recipient countries also are ex- AIDS by those countries; and unanimous consent that two members pected to increase their co-financing by 48 (9) urges other members of the inter- of my team, Whitney Wagner and Brian percent, growing to $46,000,000,000 in 2021– national community to sustain and scale up Webster, be granted floor privileges for 2023; and their support for and financial contributions the remainder of the Congress. Whereas, with these resources secured, the to efforts around the world to combat HIV/ The PRESIDING OFFICER. Without Global Fund projects it will reduce the num- AIDS. objection, it is so ordered. ber of deaths due to AIDS, TB, and malaria by nearly 50 percent, avert 234,000,000 infec- f f tions or disease cases, and save an additional 16,000,000 lives: Now, therefore, be it AUTHORITY FOR COMMITTEES TO SUPPORTING THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS Resolved, That the Senate— MEET (1) commends the work of the Global Fund AND MALARIA, AND THE SIXTH and its partners for their contributions Mr. MCCONNELL. Mr. President, I REPLENISHMENT have 5 requests for committees to meet aimed at ending the epidemics of AIDS, tu- berculosis, and malaria; during today’s session of the Senate. On Monday, December 2, 2019, the Senate passed S. Res. 318, as follows: (2) affirms the support of the United States They have the approval of the Majority for the goal of securing a minimum of S. RES. 318 and Minority leaders. $14,000,000,000 in donor commitments for the Pursuant to rule XXVI, paragraph Whereas the Global Fund to Fight AIDS, Sixth Global Fund Replenishment, to be held 5(a), of the Standing Rules of the Sen- Tuberculosis, and Malaria has been an effec- on October 10, 2019, in Lyon, France; ate, the following committees are au- tive partnership of governments, the private (3) supports United States contributions of sector, civil society, and affected commu- thorized to meet during today’s session 33 percent of the budget provided by the nities to galvanize political and financial ef- Global Fund’s Sixth Replenishment, con- of the Senate: forts to improve the response to these sistent with section 202(d) of the United COMMITTEE ON BANKING, HOUSING, AND URBAN epidemics since 2002; States Leadership Against HIV/AIDS, Tuber- AFFAIRS Whereas, in 2017, the Global Fund contrib- culosis, and Malaria Act of 2003 (22 U.S.C. The Committee on Banking, Housing, uted to extraordinary improvements in glob- 7622(d)), and provided that the Fund con- and Urban Affairs is authorized to al health that would otherwise not have oc- tinues to uphold its longstanding commit- meet during the session of the Senate curred, including a more than 50 percent re- ment to transparency, accountability, and duction in the number of AIDS-related on Tuesday, December 10, 2019, at 10 results in combating AIDS, tuberculosis, and deaths since the peak in 2005, a 37 percent de- malaria; a.m., to conduct a hearing on the fol- cline in tuberculosis (TB) deaths since 2000, (4) urges donor countries to step up the lowing nominations: Mitchell A. Silk, and a 60 percent decline in the number of fight and increase their pledges for the Sixth of New York, to be an Assistant Sec- malaria deaths since 2000; Global Fund Replenishment; retary of the Treasury, Brian D. Mont- Whereas, since the Global Fund’s creation (5) urges Global Fund recipient countries gomery, of Texas, to be Deputy Sec- in 2002, more than 27,000,000 lives have been to continue to make and meet ambitious co- retary, and David Carey Woll, Jr., of saved in the countries where it invests; financing commitments to sustain progress Connecticut, and John Bobbitt, of Whereas the Global Fund and its partners in ending the epidemics of AIDS, tuber- work to maintain a steadfast commitment to culosis, and malaria; and Texas, both to be an Assistant Sec- transparency and accountability and have (6) encourages United States bilateral aid retary, all of the Department of Hous- received high marks in multilateral aid re- programs to continue their collaboration ing and Urban Development, and Peter views and by independent watchdog groups; with the Global Fund to maximize the life- J. Coniglio, of Virginia, to be Inspector Whereas a 2019 study published in the An- saving impact of global health investments. General, Export-Import Bank; to be nals of Global Health found evidence of asso- f immediately followed by an oversight ciated improvements in government ac- hearing to examine the Securities and countability, control of corruption, political MEASURE READ THE FIRST Exchange Commission. freedoms, regulatory quality, and rule of law TIME—S. 3009 that are significant in countries where the COMMITTEE ON ENERGY AND NATURAL Mr. MCCONNELL. Madam President, Global Fund invests; I understand there is a bill at the desk, RESOURCES Whereas, despite progress in combating The Committee on Energy and Nat- AIDS, tuberculosis, and malaria, challenges and I ask for its first reading. ural Resources is authorized to meet such as drug and insecticide resistance, The PRESIDING OFFICER. The clerk will read the bill by title for the during the session of the Senate on reaching marginalized and vulnerable popu- lations, and complacency in the fight against first time. Tuesday, December 10, 2019, at 10 a.m., The senior assistant legislative clerk to conduct a hearing. infectious diseases threaten further progress; Whereas United States leadership has been read as follows: COMMITTEE ON THE JUDICIARY critical to the success of the Global Fund, A bill (S. 3009) to provide for a period of The Committee on the Judiciary is both as its largest donor and through its continuing appropriations in the event of a authorized to meet during the session oversight role on the Board of the Global lapse in appropriations under the normal ap- of the Senate on Tuesday, December 10, Fund; propriations process, and establish proce- 2019, at 10 a.m., to conduct a hearing. Whereas Global Fund programs and activi- dures and consequences in the event of a fail- ties support and complement United States ure to enact appropriations. SELECT COMMITTEE ON INTELLIGENCE bilateral health programs, including the Mr. MCCONNELL. Madam President, The Select Committee on Intel- President’s Emergency Plan for AIDS Relief, I now ask for a second reading, and in ligence is authorized to meet during the President’s Malaria Initiative, and the order to place the bill on the calendar the session of the Senate on Thursday, United States Agency for International De- velopment tuberculosis program; under the provisions of rule XIV, I ob- November 21, 2019, at 2 p.m., to conduct ject to my own request. a closed hearing. Whereas the United States is limited by law from contributing more than 33 percent The PRESIDING OFFICER. Objec- SUBCOMMITTEE ON INTELLECTUAL PROPERTY of the Global Fund budget, thereby encour- tion having been heard, the bill will be The Subcommittee on Intellectual aging other partners to significantly in- read for the second time on the next Property of the Committee on the Ju- crease their contributions; legislative day.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.033 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6956 CONGRESSIONAL RECORD — SENATE December 10, 2019 VIRGINIA BEACH STRONG ACT The PRESIDING OFFICER. Without to date, the time for the two leaders be The PRESIDING OFFICER. Pursuant objection, it is so ordered. reserved for their use later in the day, to the order from November 21, 2019, f morning business be closed, and the Senate proceed to executive session the Senate having received H.R. 4566 CONGRATULATING ASTRONAUTS from the House, and the text being and resume consideration of the Van- DR. JESSICA U. MEIR AND Dyke nomination; finally, that all time identical to S. 2592, the House bill is CHRISTINA H. KOCH FOR THE considered read a third time, and the during recess, adjournment, morning HISTORIC ACCOMPLISHMENT OF business, and leader remarks count question is on the passage of the bill. COMPLETING THE FIRST ALL-FE- The bill was ordered to a third read- postcloture on the VanDyke nomina- MALE SPACEWALK ing and was read the third time. tion. The PRESIDING OFFICER. The bill Mr. MCCONNELL. Madam President, The PRESIDING OFFICER. Without having been read the third time, the I ask unanimous consent that the Sen- objection, it is so ordered. question is, Shall the bill pass? ate proceed to the consideration of S. The bill (H.R. 4566) was passed. Res. 451, submitted earlier today. f f The PRESIDING OFFICER. The clerk will report the resolution by ADJOURNMENT UNTIL 9:30 A.M. FOSTERING UNDERGRADUATE title. TOMORROW TALENT BY UNLOCKING RE- The senior assistant legislative clerk Mr. MCCONNELL. Madam President, SOURCES FOR EDUCATION ACT read as follows: if there is no further business to come Mr. MCCONNELL. Madam President, A resolution (S. Res. 451) congratulating before the Senate, I ask unanimous I ask unanimous consent that the Sen- astronauts Dr. Jessica U. Meir and Christina consent that it stand adjourned under ate proceed to the immediate consider- H. Koch for the historic accomplishment of the previous order. ation of H.R. 5363. completing the first all-female spacewalk. There being no objection, the Senate, The PRESIDING OFFICER. The There being no objection, the Senate at 6:30 p.m., adjourned until Wednes- clerk will report the bill by title. proceeded to consider the resolution. day, December 11, 2019, at 9:30 a.m. The senior assistant legislative clerk Mr. MCCONNELL. I ask unanimous read as follows: consent that the resolution be agreed f A bill (H.R. 5363) to reauthorize mandatory to, the preamble be agreed to, and the funding programs for historically Black col- motions to reconsider be considered DISCHARGED NOMINATION leges and universities and other minority- The Senate Committee on Homeland serving institutions, and for other purposes. made and laid upon the table with no intervening action or debate. Security and Governmental Affairs was There being no objection, the Senate The PRESIDING OFFICER. Without discharged from further consideration proceeded to consider the bill. objection, it is so ordered. of the following nomination under the Mr. MCCONNELL. I ask unanimous authority of the order of the Senate of consent that the bill be considered read The resolution (S. Res. 451) was 01/07/2009 and the nomination was a third time. agreed to. The PRESIDING OFFICER. Without The preamble was agreed to. placed on the Executive Calendar: objection, it is so ordered. (The resolution, with its preamble, is *SEAN O’DONNELL, OF MARYLAND, TO BE INSPECTOR GENERAL, ENVIRONMENTAL PROTECTION AGENCY. The bill was ordered to a third read- printed in today’s RECORD under ‘‘Sub- ing and was read the third time. mitted Resolutions.’’) *Nominee has committed to respond Mr. MCCONNELL. I know of no fur- f to requests to appear and testify before any duly constituted committee of the ther debate on the bill. ORDERS FOR WEDNESDAY, The PRESIDING OFFICER. Is there Senate. DECEMBER 11, 2019 further debate? Hearing none, the bill having been Mr. MCCONNELL. Now, Madam f President, I ask unanimous consent read the third time, the question is, CONFIRMATION Shall the bill pass? that when the Senate completes its The bill (H.R. 5363) was passed. business today, it adjourn until 9:30 Executive nomination confirmed by Mr. MCCONNELL. I ask unanimous a.m., Wednesday, December 11; further, the Senate December 10, 2019: consent that the motion to reconsider that following the prayer and pledge, THE JUDICIARY be considered made and laid upon the the morning hour be deemed expired, PATRICK J. BUMATAY, OF CALIFORNIA, TO BE UNITED table. the Journal of proceedings be approved STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT.

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