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Congressional Record, Senate, July 21, 2020 — Statements on Introduced Bills and Joint Resolutions

Summary

Pages S4350 and S4351 of the Congressional Record, Senate, July 21, 2020. The pages begin with additions of cosponsors to amendments to S. 4049, an original bill to authorize appropriations for fiscal year 2021 for military activities of the Department of Defense. Under Statements on Introduced Bills and Joint Resolutions, Ms. COLLINS, for herself and Ms. SMITH, introduces S. 4233, a payment program for timber harvesting and timber hauling businesses that lost markets and revenues due to the COVID–19 pandemic. Mrs. LOEFFLER introduces S. 4238, relating to criminal street gangs. The text ends with Mr. CARDIN speaking about the World Health Organization.

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“Congressional Record, Senate, July 21, 2020 — Statements on Introduced Bills and Joint Resolutions.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-07-21-crec-2020-07-21-pt1-pgs4350-2ec99f2028/, SHA-256 24e50fd4248433626472fce52041263c91487509bfa05bd5225629089d5695b5.

Full text

                                               S4350                                             CONGRESSIONAL RECORD — SENATE                                                        July 21, 2020
                                               the Department of Energy, to prescribe                   (Mr. MARKEY), the Senator from Massa-                    S. 4233. A bill to establish a payment
                                               military personnel strengths for such                    chusetts (Ms. WARREN) and the Senator                  program for unexpected loss of markets
                                               fiscal year, and for other purposes.                     from Delaware (Mr. CARPER) were                        and revenues to timber harvesting and
                                                               AMENDMENT NO. 1702                       added as cosponsors of amendment No.                   timber hauling businesses due to the
                                                 At the request of Mr. CARDIN, the                      2252 proposed to S. 4049, an original bill             COVID–19 pandemic, and for other pur-
                                               name of the Senator from Oregon (Mr.                     to authorize appropriations for fiscal                 poses; to the Committee on Agri-
                                               MERKLEY) was added as a cosponsor of                     year 2021 for military activities of the               culture, Nutrition, and Forestry.
                                               amendment No. 1702 intended to be pro-                   Department of Defense, for military                      Ms. COLLINS. Mr. President, I rise
                                               posed to S. 4049, an original bill to au-                construction, and for defense activities               to introduce a bill with my colleague,
                                               thorize appropriations for fiscal year                   of the Department of Energy, to pre-                   Senator SMITH that will help the hard-
                                               2021 for military activities of the De-                  scribe military personnel strengths for                working loggers across this Nation
                                               partment of Defense, for military con-                   such fiscal year, and for other pur-                   whose operations have suffered serious
                                               struction, and for defense activities of                 poses.                                                 losses directly due to the pandemic. In
                                               the Department of Energy, to prescribe                                   AMENDMENT NO. 2455                     Maine alone, logging has a roughly $650
                                               military personnel strengths for such                      At the request of Ms. CORTEZ MASTO,                  million annual economic impact, and is
                                               fiscal year, and for other purposes.                     the name of the Senator from Maine                     the backbone of the forest products
                                                               AMENDMENT NO. 1729                       (Mr. KING) was added as a cosponsor of                 economy. The industry is made up of
                                                 At the request of Mr. GARDNER, his                     amendment No. 2455 intended to be pro-                 countless multi-generational family
                                               name was added as a cosponsor of                         posed to S. 4049, an original bill to au-              businesses, whose survival is being se-
                                               amendment No. 1729 proposed to S.                        thorize appropriations for fiscal year                 riously threatened.
                                               4049, an original bill to authorize ap-                  2021 for military activities of the De-                  In Maine and in many places across
                                               propriations for fiscal year 2021 for                    partment of Defense, for military con-                 the Country, the logging industry first
                                               military activities of the Department                    struction, and for defense activities of               felt the effects of COVID–19 in January
                                               of Defense, for military construction,                   the Department of Energy, to prescribe                 as exports to foreign markets were sig-
                                               and for defense activities of the De-                    military personnel strengths for such                  nificantly limited if not eliminated en-
                                               partment of Energy, to prescribe mili-                   fiscal year, and for other purposes.                   tirely. Declines in demand for paper
                                               tary personnel strengths for such fiscal                                 AMENDMENT NO. 2457                     products and other wood fiber based
                                               year, and for other purposes.                              At the request of Mr. MERKLEY, the                   products caused by the COVID–19 pan-
                                                               AMENDMENT NO. 1972
                                                                                                        names of the Senator from Michigan                     demic have prompted shutdowns, slow-
                                                                                                        (Ms. STABENOW), the Senator from                       downs, and closures across the globe.
                                                 At the request of Mr. TESTER, the
                                                                                                        Pennsylvania (Mr. CASEY), the Senator                  As a result, Maine has seen declining
                                               name of the Senator from Arizona (Ms.
                                                                                                        from New Mexico (Mr. UDALL), the Sen-                  demand for wood from mills across the
                                               SINEMA) was added as a cosponsor of
                                                                                                        ator from New Hampshire (Mrs. SHA-                     board, and low prices and quotas driven
                                               amendment No. 1972 intended to be pro-
                                                                                                        HEEN), the Senator from Virginia (Mr.                  by that lack of demand. And while tim-
                                               posed to S. 4049, an original bill to au-
                                                                                                        KAINE), the Senator from Minnesota                     ber prices have remained relatively
                                               thorize appropriations for fiscal year
                                                                                                        (Ms. SMITH), the Senator from New                      stable, mills have drastically reduced
                                               2021 for military activities of the De-
                                                                                                        York (Mr. SCHUMER), the Senator from                   their processing capacity—resulting in
                                               partment of Defense, for military con-
                                                                                                        California (Mrs. FEINSTEIN), the Sen-                  a ripple effect that has hit loggers and
                                               struction, and for defense activities of                 ator from Maryland (Mr. CARDIN), the
                                               the Department of Energy, to prescribe                                                                          timber hauling companies hard.
                                                                                                        Senator from Rhode Island (Mr. WHITE-                    The Professional Logging Contrac-
                                               military personnel strengths for such                    HOUSE), the Senator from Vermont (Mr.                  tors of Maine projects at least a 20 per-
                                               fiscal year, and for other purposes.                     LEAHY), the Senator from Montana                       cent reduction in the annual harvest,
                                                               AMENDMENT NO. 2174
                                                                                                        (Mr. TESTER), the Senator from Hawaii                  which would threaten more than 600
                                                 At the request of Mr. TILLIS, the                      (Mr. SCHATZ), the Senator from Nevada                  jobs and represent the potential loss of
                                               name of the Senator from Connecticut                     (Ms. CORTEZ MASTO), the Senator from                   $86 million in economic activity in my
                                               (Mr. BLUMENTHAL) was added as a co-                      Virginia (Mr. WARNER), the Senator                     State. The explosion of a pulp digester
                                               sponsor of amendment No. 2174 in-                        from New Jersey (Mr. MENENDEZ), the                    earlier this year at a mill in Jay, cou-
                                               tended to be proposed to S. 4049, an                     Senator from Nevada (Ms. ROSEN) and                    pled with the recent shutdown of a
                                               original bill to authorize appropria-                    the Senator from New Hampshire (Ms.                    paper machine at another mill in
                                               tions for fiscal year 2021 for military                  HASSAN) were added as cosponsors of                    Westbrook, have compounded the harm
                                               activities of the Department of De-                      amendment No. 2457 intended to be pro-                 imposed by the pandemic.
                                               fense, for military construction, and                    posed to S. 4049, an original bill to au-                Although the industry is certainly
                                               for defense activities of the Depart-                    thorize appropriations for fiscal year                 not alone in its struggles during this
                                               ment of Energy, to prescribe military                    2021 for military activities of the De-                time, it faces unique challenges, in-
                                               personnel strengths for such fiscal                      partment of Defense, for military con-                 cluding high capital costs relative to
                                               year, and for other purposes.                            struction, and for defense activities of               payroll and the fact that payroll costs
                                                               AMENDMENT NO. 2244                       the Department of Energy, to prescribe                 do not reflect the amounts paid to
                                                 At the request of Mr. CORNYN, the                      military personnel strengths for such                  independent contractors. And unlike
                                               name of the Senator from Texas (Mr.                      fiscal year, and for other purposes.                   some of our farmers who have been
                                               CRUZ) was added as a cosponsor of                                        AMENDMENT NO. 2477                     able to access direct payments from
                                               amendment No. 2244 proposed to S.                          At the request of Mr. LEE, the name                  USDA and our fishermen who were al-
                                               4049, an original bill to authorize ap-                  of the Senator from Vermont (Mr.                       located relief funding in the CARES
                                               propriations for fiscal year 2021 for                    LEAHY) was added as a cosponsor of                     Act, our forestry professionals have
                                               military activities of the Department                    amendment No. 2477 intended to be pro-                 not been provided targeted assistance.
                                               of Defense, for military construction,                   posed to S. 4049, an original bill to au-                The legislation we are introducing
                                               and for defense activities of the De-                    thorize appropriations for fiscal year                 today would direct the Secretary of
                                               partment of Energy, to prescribe mili-                   2021 for military activities of the De-                Agriculture to provide financial assist-
                                               tary personnel strengths for such fiscal                 partment of Defense, for military con-                 ance to loggers and timber hauling
                                               year, and for other purposes.                            struction, and for defense activities of               businesses that have experienced at
                                                               AMENDMENT NO. 2252                       the Department of Energy, to prescribe                 least a 10 percent loss in revenues from
                                                 At the request of Mr. SCHATZ, the                                                                             January 2020 through July 2020 as com-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                        military personnel strengths for such
                                               names of the Senator from Delaware                       fiscal year, and for other purposes.                   pared to the same timeframe last year.
                                               (Mr. COONS), the Senator from Vermont                                      f                                    The amount would be equal to 10 per-
                                               (Mr. LEAHY), the Senator from New                                                                               cent of 2019 gross revenues and could
                                               York (Mrs. GILLIBRAND), the Senator                           STATEMENTS ON INTRODUCED                          only be used for operating expenses, in-
                                               from California (Mrs. FEINSTEIN), the                        BILLS AND JOINT RESOLUTIONS                        cluding payroll. I am grateful for the
                                               Senator from New Mexico (Mr. HEIN-                              By Ms. COLLINS (for herself and                 American Logging Council’s support of
                                               RICH), the Senator from Massachusetts                             Ms. SMITH):                                   our legislation, and urge my colleagues



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                                               July 21, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S4351
                                               to join in this effort to support one of                 ment. Additionally, we should forgive                  Georgia has led the way on confronting
                                               our country’s core economic drivers.                     at least $10,000 of debt for each student              gang violence, passing legislation that
                                                 Loggers and forestry industry profes-                  loan borrower to help speed the recov-                 gives prosecutors the tools they need
                                               sionals were rightfully deemed essen-                    ery and reduce the drag of the roughly                 to disrupt and dismantle these terrible
                                               tial workers during this public health                   $1.6 trillion in outstanding student                   gang networks.
                                               crisis, and we must ensure that they                     loan debt on economic prospects for                       Today, I am introducing the Crack-
                                               receive the support necessary to                         over 40 million Americans. Going for-                  ing Down on Gangs and Deporting
                                               emerge from this downturn.                               ward, we must reduce the need for stu-                 Criminals Act to apply Georgia’s anti-
                                                                                                        dent loan borrowing by expanding                       gang, pro-community measures across
                                                     By Mr. REED (for himself, Ms.                      need-based grants, such as the Pell                    our country. This legislation, based on
                                                       MURKOWSKI, Mr. JONES, and Mr.                    Grant, and ensuring that states and in-                the Georgia law that Attorney General
                                                       TILLIS):                                         stitutions do their part to lower the                  Carr has called ‘‘one of the strongest
                                                 S. 4237. A bill to extend zero interest                cost to students and families.                         statutes in the Nation,’’ aims to deter
                                               rate benefits and payment suspension                       We should work together to build on                  and punish criminals who set out to de-
                                               to all Federal student loan borrowers,                   the important steps Congress took to                   stroy lives and communities. This in-
                                               and for other purposes; to the Com-                      provide relief to student loan bor-                    cludes violent crimes like the murders
                                               mittee on Health, Education, Labor,                      rowers in the CARES Act. However, we                   of Janina, Christopher, and Nicholas.
                                               and Pensions.                                            need to ensure that all Federal student                   In addition to violence, gangs run
                                                 Mr. REED. Mr. President, today,                        loan borrowers have access to this re-                 elaborate drug operations. One recent
                                               along with Senator MURKOWSKI, we are                     lief. I hope that my colleagues will join              bust in Pickens County last month re-
                                               introducing legislation to provide re-                   us in cosponsoring the Student Loan                    sulted in the arrest of nearly 50 indi-
                                               lief to all Federal student loan bor-                    Fairness Act and pushing for its inclu-                viduals. Law enforcement confiscated
                                               rowers during this public health and                     sion in the next COVID–19 relief pack-                 nearly $2 million worth of meth-
                                               economic crisis. The bipartisan Stu-                     age.                                                   amphetamine from a drug ring run by
                                               dent Loan Fairness Act, which is also                                                                           three gangs.
                                               cosponsored by Senators MURKOWSKI,                             By Mrs. LOEFFLER (for herself,                      They deal in the abhorrent world of
                                               JONES, and TILLIS, will correct an in-                           Mrs. BLACKBURN, and Mr. COT-                   human trafficking. A study in San
                                               equity in the CARES Act that left out                            TON):                                          Diego County found that an astounding
                                               millions of Federal student loan bor-                      S. 4238. A bill to amend title 18,                   85 percent of those involved in human
                                               rowers from benefits to ease the burden                  United States Code, relating to crimi-                 trafficking were actively involved in
                                               of repayment as we continue to fight                     nal street gangs, and for other pur-                   gangs.
                                               COVID–19.                                                poses; to the Committee on the Judici-                    Current Federal gang statute has
                                                 The CARES Act benefits are re-                         ary.                                                   three strict criteria that are difficult
                                               stricted to borrowers of student loans                     Mrs. LOEFFLER. Mr. President, this                   for prosecutors to meet in order to hold
                                               that are held by the Federal govern-                     spring, 14-year-old Janina Valenzuela                  someone accountable for their partici-
                                               ment. This leaves out the borrowers                      was riding a bike with a friend in Mari-               pation in a street gang. The legislation
                                               whose Federal Family Education Loans                     etta, GA, when she was killed as part                  I am introducing today will make it
                                               (FFEL) are still held by commercial                      of an initiation into an MS–13 gang. In                easier for Federal prosecutors to seek
                                               and State agency lenders, and those                      2016, Christopher Dean was brutally                    harsh sentences for gang activity. It
                                               with Perkins Loans that are adminis-                     murdered by gang members in Atlanta.                   will facilitate the removal of criminal
                                               tered by institutions of higher edu-                     The D.A. called it ‘‘the most horrific                 gang members who are in our country
                                               cation. In fact, nearly 6 million bor-                                                                          illegally, and it would create a na-
                                                                                                        death’’ in recent history. His murder
                                               rowers were left out under the FFEL                                                                             tional gang database, making it easier
                                                                                                        left two children without a father. In
                                               Program and another 1.9 million under                                                                           to eradicate these gang networks.
                                                                                                        2010, 11-year-old Nicholas Sheffey was                    We need to take action now to take
                                               the Perkins Loan Program. This dis-                      shot and killed sleeping in his bed dur-               violent gang members off of our
                                               parate treatment by loan type is as                      ing a drive-by shooting in Chamblee,                   streets. Across the country, violence is
                                               confusing as it is unfair.                               GA. These are just three of the too                    skyrocketing in our cities, while radi-
                                                 In April, a broad group of more than                   many lives that have been lost, trag-                  cals call to defund and abolish the po-
                                               two dozen organizations representing                     ically cut short due to senseless gang                 lice. The troubling decline in support
                                               educators, borrower advocates, vet-                      violence.                                              for law enforcement, coupled with the
                                               erans, lenders, guaranty agencies, and                     In Georgia, there are over 71,000                    effects of the pandemic and recent un-
                                               student loan servicers implored Con-                     known gang members representing a                      rest, threatens the further spread of
                                               gress to remedy this inequity. They                      variety    of   gangs,   including   the               gang violence across communities in
                                               wrote, ‘‘A Federal loan borrower—re-                     Ghostface Gangsters, an all-White gang                 America.
                                               gardless of the origination of that loan,                in Georgia; the Gangster Disciples,                       The Cracking Down on Gangs and De-
                                               be it Part B, D, E, commercial, or gov-                  which formed in Chicago and quickly                    porting Criminals Act will help keep
                                               ernment-held—should receive equal,                       spread to Georgia; and the Aryan                       our communities safe and support law
                                               immediate, and critical support in this                  Brotherhood, a White supremacy gang.                   enforcement in their work to root out
                                               unprecedented time . . . Already, bor-                     Nationwide, there are more than 1.4                  gang activity. No family should have
                                               rowers are confused as to why their                      million members and 33,000 gangs                       to go through what Janina, Chris-
                                               Federal loans are treated differently                    across the U.S. According to the most                  topher, and Nicholas did. Parents
                                               than others.’’                                           recent National Gang Report, half of                   should be able to send their children
                                                 The Student Loan Fairness Act will                     law enforcement officials reported that                outdoors and off to school without wor-
                                               extend the CARES Act relief to these                     gang-related violence has increased in                 rying that they won’t make it home,
                                               borrowers by covering the cost of inter-                 each of their jurisdictions. Thankfully,               and children shouldn’t fear that their
                                               est and suspending monthly payments                      President Trump and Georgia leaders                    parents won’t return home. It is time
                                               for the period of March 13 through Sep-                  have taken strong action to address                    that we hold gang members account-
                                               tember 30, 2020, and suspending all in-                  the rising tide of gang violence and to                able for their vile and evil actions and
                                               voluntary collection, such as adminis-                   end the cycles of violence that they                   keep the American public safe.
                                               trative wage garnishment or offsets                      cause.
                                               from tax refunds, for this period.                         For the first time ever, the Depart-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                                     By Mr. DURBIN:
                                                 This legislation is one component of                   ment of Justice has brought terrorism                    S. 4242. A bill to establish programs
                                               what should be a comprehensive pack-                     charges against a member of the MS–13                  related to prevention of prescription
                                               age of student loan debt relief. As the                  gang, taking action against their lead-                opioid misuse, and for other purposes;
                                               crisis continues, we should extend the                   er and 21 other gang members.                          to the Committee on Finance.
                                               repayment relief until health and eco-                     Under the leadership of Georgia Gov-                   Mr. DURBIN. Mr. President, I ask
                                               nomic conditions improve sufficiently                    ernor Brian Kemp and Attorney Gen-                     unanimous consent that the text of the
                                               for borrowers to be able to begin repay-                 eral Chris Carr, my home State of                      bill be printed in the RECORD.



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                                               S4352                                             CONGRESSIONAL RECORD — SENATE                                                            July 21, 2020
                                                 There being no objection, the text of                    ‘‘(B) may coordinate with States, law en-              (2) provide recommendations with respect
                                               the bill was ordered to be printed in                    forcement agencies, water resource manage-             to addressing any disparities identified
                                               the RECORD, as follows:                                  ment agencies, manufacturers, practitioners,           under subparagraph (A) or (B) of paragraph
                                                                                                        pharmacists, public health entities, trans-            (1) in order to bolster retention of substance
                                                                    S. 4242                             portation and incineration service contrac-            abuse disorder providers and the provision of
                                                 Be it enacted by the Senate and House of Rep-          tors, and other entities and individuals, as           substance abuse disorder services.
                                               resentatives of the United States of America in          appropriate.                                           SEC. 5. EXPANDING ACCESS TO SUBSTANCE USE
                                               Congress assembled,                                        ‘‘(3) The take-back program established                          DISORDER AND MENTAL HEALTH
                                               SECTION 1. SHORT TITLE.                                  under paragraph (1)—                                               SERVICES FURNISHED THROUGH
                                                This Act may be cited as the ‘‘Addiction                  ‘‘(A) shall—                                                     TELEHEALTH UNDER THE MEDI-
                                                                                                                                                                           CARE PROGRAM.
                                               Prevention and Responsible Opioid Practices                ‘‘(i) ensure appropriate geographic dis-
                                               Act’’.                                                   tribution so as to provide—                               Section 1834(m)(7) of the Social Security
                                                                                                          ‘‘(I) reasonably convenient and equitable            Act (42 U.S.C. 1395m(m)(7)) is amended—
                                               SEC. 2. EXCISE TAX ON OPIOID PAIN RELIEVERS.
                                                                                                        access to permanent take-back locations, in-              (1) in the paragraph heading, by inserting
                                                 (a) IN GENERAL.—Subchapter E of chapter                                                                       ‘‘AND MENTAL HEALTH SERVICES’’ after ‘‘SUB-
                                               32 of the Internal Revenue Code of 1986 is               cluding not less than 1 disposal site for every
                                                                                                        25,000 residents and not less than 1 physical          STANCE USE DISORDER SERVICES’’;
                                               amended by adding at the end the following                                                                         (2) by inserting ‘‘or, on or after the first
                                               new section:                                             disposal site per town, city, county, or other
                                                                                                        unit of local government, where possible; and          day after the end of the public health emer-
                                               ‘‘SEC. 4192. OPIOID PAIN RELIEVERS.                                                                             gency described in section 1135(g)(1)(B), to an
                                                                                                          ‘‘(II) periodic collection events and mail-
                                                  ‘‘(a) IN GENERAL.—There is hereby imposed                                                                    eligible telehealth individual for purposes of
                                                                                                        back programs, including public notice of
                                               on the manufacturer or producer of any tax-                                                                     diagnosis of a substance use disorder or diag-
                                                                                                        such events and programs, as a supplement
                                               able active opioid a tax equal to the amount                                                                    nosis or treatment of a mental health dis-
                                                                                                        to the permanent take-back locations de-
                                               determined under subsection (b).                                                                                order, as determined by the Secretary,’’ after
                                                                                                        scribed in subclause (I), particularly in areas
                                                  ‘‘(b) AMOUNT DETERMINED.—The amount                                                                          ‘‘as determined by the Secretary,’’.
                                                                                                        in which the provision of access to such loca-
                                               determined under this subsection with re-                                                                       SEC. 6. ENSURING PARITY FOR MENTAL HEALTH
                                                                                                        tions at the level described in that subclause
                                               spect to a manufacturer or producer for a                                                                                   AND ADDICTION TREATMENT SERV-
                                                                                                        is not possible;
                                               calendar year is 1 cent per milligram of tax-                                                                               ICES.
                                                                                                          ‘‘(ii) establish a process for the accurate
                                               able active opioid in the production or man-                                                                      Title V of the Public Health Service Act
                                                                                                        cataloguing and reporting of the quantities
                                               ufacturing quota determined for such manu-                                                                      (42 U.S.C. 290ll et seq.) is amended—
                                                                                                        of controlled substances collected; and
                                               facturer or producer for the calendar year                                                                        (1) in part K, by redesignating section 550
                                                                                                          ‘‘(iii) include a public awareness campaign
                                               under section 306 of the Controlled Sub-                                                                        (42 U.S.C. 290ee–10), relating to sobriety
                                                                                                        and education of practitioners and phar-
                                               stances Act (21 U.S.C. 826).                                                                                    treatment and recovery teams, as section 553
                                                                                                        macists; and
                                                  ‘‘(c) TAXABLE ACTIVE OPIOID.—For purposes                                                                    and transferring such section to appear after
                                                                                                          ‘‘(B) may work in coordination with State
                                               of this section—                                                                                                section 552 in part D; and
                                                                                                        and locally implemented public and private
                                                  ‘‘(1) IN GENERAL.—The term ‘taxable active                                                                     (2) by adding at the end of such part D the
                                                                                                        take-back programs.
                                               opioid’ means any controlled substance (as                                                                      following:
                                                                                                          ‘‘(4) From time to time, beginning in the
                                               defined in section 102 of the Controlled Sub-                                                                   ‘‘SEC. 554. COMPLIANCE WITH MENTAL HEALTH
                                                                                                        second calendar year that begins after the
                                               stances Act (21 U.S.C. 802), as in effect on the                                                                             AND ADDICTION TREATMENT PAR-
                                                                                                        date of enactment of this subsection, the                           ITY.
                                               date of the enactment of this section) manu-
                                                                                                        Secretary of the Treasury shall transfer
                                               factured in the United States which is                                                                             ‘‘(a) IN GENERAL.—The Secretary, in co-
                                                                                                        from the general fund of the Treasury an
                                               opium, an opiate, or any derivative thereof.                                                                    ordination with the Secretary of Labor, shall
                                                                                                        amount equal to one-half of the total
                                                  ‘‘(2) EXCLUSIONS.—                                                                                           award grants to, or enter into cooperative
                                                                                                        amount of taxes collected under section 4192
                                                  ‘‘(A) OTHER INGREDIENTS.—In the case of a                                                                    agreements with, States to ensure that
                                                                                                        of the Internal Revenue Code of 1986 to the
                                               product that includes a taxable active opioid                                                                   health insurance issuers in the State comply
                                                                                                        Attorney General to carry out this sub-
                                               and another ingredient, subsection (a) shall                                                                    with section 2726.
                                                                                                        section. Amounts transferred under this sub-             ‘‘(b) USE OF GRANT.—A State shall use
                                               apply only to the portion of such product
                                                                                                        paragraph shall remain available until ex-             amounts received under a grant or coopera-
                                               that is a taxable active opioid.
                                                                                                        pended.’’.                                             tive agreement under this section to—
                                                  ‘‘(B) DRUGS USED IN ADDICTION TREAT-
                                                                                                          (b) FUNDING OF SUBSTANCE ABUSE PRO-                    ‘‘(1) establish clear guidelines for parity
                                               MENT.—The term ‘taxable active opioid’ shall
                                                                                                        GRAMS.—From time to time, beginning in the
                                               not include any controlled substance (as so                                                                     compliance for mental health and substance
                                                                                                        second calendar year that begins after the             use disorder benefits;
                                               defined) which is used exclusively for the
                                                                                                        date of enactment of this Act, the Secretary             ‘‘(2) ensure parity compliance during pub-
                                               treatment of opioid addiction as part of a
                                                                                                        of the Treasury shall transfer from the gen-           lic health emergencies with best practices
                                               medication-assisted treatment.’’.
                                                                                                        eral fund of the Treasury an amount equal to           for delivering evidence-based mental health
                                                  (b) CLERICAL AMENDMENTS.—
                                                                                                        one-half of the total amount of taxes col-             and substance use disorder treatment, in-
                                                  (1) The heading of subchapter E of chapter
                                                                                                        lected under section 4192 of the Internal Rev-         cluding to ensure virtual, video, internet,
                                               32 of the Internal Revenue Code of 1986 is
                                                                                                        enue Code of 1986, as added by this Act, to            telephonic, and other remote services are ap-
                                               amended by striking ‘‘Medical Devices’’ and
                                                                                                        the Director of the Center for Substance               propriately covered, including alignment
                                               inserting ‘‘Other Medical Products’’.
                                                                                                        Abuse Treatment of the Substance Abuse                 with authorities, flexibilities, and coverage
                                                  (2) The table of subchapters for chapter 32
                                                                                                        and Mental Health Services Administration              promulgated by the Centers for Medicare &
                                               of such Code is amended by striking the item
                                                                                                        for programs of the Center, including the              Medicaid Services;
                                               relating to subchapter E and inserting the
                                                                                                        Block Grants for Prevention and Treatment                ‘‘(3) engage with health insurance issuers
                                               following new item:
                                                                                                        of Substance Abuse program under subpart II            to ensure that they comply with the guide-
                                                 ‘‘SUBCHAPTER E. OTHER MEDICAL PRODUCTS’’.              of part B of title XIX of the Public Health            lines promulgated and other provisions of
                                                  (3) The table of sections for subchapter E            Service Act (42 U.S.C. 300x–21 et seq.) and            section 2726, including through audits, mar-
                                               of chapter 32 of such Code is amended by add-            Programs of Regional and National Signifi-             ket conduct examinations, secret shopper
                                               ing at the end the following new item:                   cance. Amounts transferred under this sub-             programs, or other means;
                                               ‘‘Sec. 4192. Opioid pain relievers.’’.                   section shall remain available until ex-                 ‘‘(4) share information with other States
                                                  (c) EFFECTIVE DATE.—The amendments                    pended.                                                who receive grants under this section;
                                               made by this section shall apply to calendar             SEC. 4. GAO STUDY.                                       ‘‘(5) submit a report to the Secretary and
                                               years beginning after the date of the enact-               Not later than 1 year after the date of en-          the Secretary of Labor on information, ac-
                                               ment of this Act.                                        actment of this Act, the Comptroller General           tions, recommendations, and such other in-
                                               SEC. 3. OPIOID CONSUMER ABUSE REDUCTION                  of the United States shall—                            formation as such secretaries may require;
                                                          PROGRAM.                                        (1) conduct a study examining the coverage           and
                                                 (a) OPIOID TAKE-BACK PROGRAM.—Section                  offered under commercial health insurance                ‘‘(6) publicly post a summary of the report
                                               302 of the Controlled Substances Act (21                 plans and reimbursement rates under the                submitted under paragraph (6) on the
                                               U.S.C. 822) is amended by adding at the end              Medicare program and State Medicaid plans              websites of the Department of Health and
                                               the following:                                           with respect to—                                       Human Services and the Department of
                                                 ‘‘(h)(1) The Attorney General shall estab-               (A) substance use disorder treatment serv-           Labor.
                                               lish a national take-back program for the                ices, as compared to other health services,              ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—




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                                               safe and environmentally responsible dis-                and how any disparity identified under this            There are authorized to be appropriated to
                                               posal of controlled substances.                          paragraph may contribute to differences in             carry out this section $10,000,000 for each of
                                                 ‘‘(2) In establishing the take-back program            salary and turnover among substance abuse              fiscal years 2021 through 2025.’’.
                                               required under paragraph (1), the Attorney               disorder providers; and                                SEC.    7.   FEDERAL LICENSURE OF PHARMA-
                                               General—                                                   (B) rates of coverage or reimbursement, as                          CEUTICAL REPRESENTATIVES WHO
                                                 ‘‘(A) shall consult with the Secretary and             applicable, for substance abuse disorder serv-                        PROMOTE CERTAIN OPIOIDS.
                                               the Administrator of the Environmental                   ices provided via telehealth, as compared to            Subchapter E of chapter V of the Federal
                                               Protection Agency; and                                   such services provided in-person; and                  Food, Drug, and Cosmetic Act (21 U.S.C.




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                                               July 21, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                       S4353
                                               360bbb et seq.) is amended by adding at the              drug for which the daily dosage provided for           Acting Opioid Analgesics’’, as published by
                                               end the following:                                       in the approved label exceeds the morphine             the Food and Drug Administration in 2017.
                                               ‘‘SEC. 569E. FEDERAL LICENSURE OF PHARMA-                milligram equivalents per day outlined in              The Secretary of Education and the Sec-
                                                            CEUTICAL REPRESENTATIVES WHO                the report entitled ‘‘CDC Guidelines for Pre-          retary of Health and Human Services shall
                                                            PROMOTE CERTAIN OPIOIDS.                    scribing Opioids for Chronic Pain’’, published         compile the reports submitted by such
                                                  ‘‘(a) IN GENERAL.—The Secretary, in con-              by the Centers for Disease Control and Pre-            schools and submit an annual summary of
                                               sultation with the Attorney General, shall               vention in 2016 (or any successor document).           such reports to Congress.
                                               establish a licensure program for pharma-                SEC. 9. CONTINUING MEDICAL EDUCATION AND               SEC. 11. REQUIREMENTS UNDER PRESCRIPTION
                                               ceutical representatives described in sub-                          PRESCRIPTION DRUG MONITORING                            DRUG MONITORING PROGRAMS.
                                               section (b).                                                        PROGRAM REGISTRATION FOR PRE-
                                                 ‘‘(b) LICENSURE PROGRAM.—                                         SCRIBERS.
                                                                                                                                                                 (a) IN GENERAL.—Beginning 1 year after
                                                 ‘‘(1) REQUIREMENT.—Beginning on July 1,                  Section 303 of the Controlled Substances             the date of enactment of this Act, each State
                                               2021, no individual described in paragraph (2)           Act (21 U.S.C. 823) is amended—                        that receives funding under any of the pro-
                                               may engage in the marketing or promoting                   (1) by redesignating subsection (k) as sub-          grams described in subsection (c) shall—
                                               of opioid drugs unless such individual is li-            section (l); and                                         (1) require practitioners, or their des-
                                               censed under this section.                                 (2) by inserting after subsection (j) the fol-       ignees, in the State to consult the database
                                                 ‘‘(2) INDIVIDUALS REQUIRED TO OBTAIN LICEN-            lowing:                                                of the prescription drug monitoring program
                                               SURE.—An individual required to obtain a li-               ‘‘(k)(1) The Attorney General shall not reg-         before writing prescriptions for controlled
                                               cense under this section is any individual               ister, or renew the registration of, a practi-         substances (as such term is defined in sec-
                                               who, on behalf of a drug manufacturer, en-               tioner under subsection (f) who is licensed            tion 102 of the Controlled Substances Act (21
                                               gaged, on more than 15 days in a calendar                under State law to prescribe controlled sub-           U.S.C. 802)) in schedule II, III, or IV under
                                               year, in the marketing or promotion to                   stances in schedule II, III, or IV, unless the         section 202 of such Act (21 U.S.C. 812);
                                               health care professionals, including edu-                practitioner submits to the Attorney Gen-                (2) require dispensers of controlled sub-
                                               cational or sales communications, meetings               eral, for each such registration or renewal            stances in schedule II, III, or IV, or their des-
                                               or paid events, and the provision of goods,              request, a written certification that—                 ignees, to input data into the database of the
                                               gifts, and samples, of any opioid drug (other              ‘‘(A)(i) the practitioner has, during the 1-         prescription drug monitoring program with-
                                               than methadone) that is listed in schedule II            year period preceding the registration or re-          in 24 hours of filling a qualifying prescrip-
                                               of section 202(c) of the Controlled Substances           newal request, completed a training program            tion, as required by the Attorney General
                                               Act.                                                     described in paragraph (2); or                         and the Secretary of Health and Human
                                                 ‘‘(3) LICENSURE PERIOD.—Each license                     ‘‘(ii) the practitioner, during the applicable       Services, including patient identifier infor-
                                               issued under this section shall be valid for 3           registration period, will not prescribe such           mation, the national drug code of the dis-
                                               years, and may be renewed for additional 3-              controlled substances in amounts in excess             pensed drug, date of dispensing the drug,
                                               year periods.                                            of a 72-hour supply (for which no refill is            quantity and dosage of the drug dispensed,
                                                 ‘‘(c) REQUIREMENTS.—An individual re-                  available); and                                        form of payment, Drug Enforcement Admin-
                                               quired to obtain a license under this section              ‘‘(B) the practitioner has registered with           istration registration number of the practi-
                                               shall—                                                   the prescription drug monitoring program of            tioner, Drug Enforcement Administration
                                                 ‘‘(1) submit to the Secretary, at such time                                                                   registration number of the dispenser;
                                                                                                        the State in which the practitioner prac-
                                               and in such manner as the Secretary may re-                                                                       (3) allow practitioners and dispensers to
                                                                                                        tices, if the State has such program.
                                               quire—                                                     ‘‘(2) A training program described in this           designate other appropriate individuals to
                                                 ‘‘(A) such information as the Secretary                paragraph is a training program that—                  act as agents of such practitioners and dis-
                                               may require; and                                           ‘‘(A) follows the best practices for pain            pensers for purposes of obtaining and
                                                 ‘‘(B) a registration fee in the amount of              management, as described in the ‘Guideline             inputing data from the database for purposes
                                               $3,000;                                                  for Prescribing Opioids for Chronic Pain’ as           of complying with paragraphs (1) and (2), as
                                                 ‘‘(2) certify that such individual has com-            published by the Centers for Disease Control           applicable;
                                               pleted training on ethics, pharmaceutical                and Prevention in 2016, or any successor                 (4) provide informational materials for
                                               marketing regulations, the ‘CDC Guidelines               thereto, or the ‘FDA Blueprint for Prescriber          practitioners and dispensers to identify and
                                               for Prescribing Opioids for Chronic Pain’,               Education for Extended-Release and Long-               refer patients with possible substance use
                                               published by the Centers for Disease Control             Acting Opioid Analgesics’ as published by              disorders to professional treatment special-
                                               and Prevention in 2016 (or any successor doc-            the Food and Drug Administration in 2017, or           ists;
                                               ument) or the ‘FDA Blueprint for Prescriber              any successor thereto;                                   (5) establish formal data sharing agree-
                                               Education for Extended-Release and Long-                   ‘‘(B) includes information on—                       ments to foster electronic connectivity with
                                               Acting Opioid Analgesics’, and applicable                  ‘‘(i) recommending non-opioid and non-               the prescription drug monitoring programs
                                               Federal laws pertaining to drug marketing,               pharmacological therapy;                               of each State (if such State has such a pro-
                                               labeling, and clinical trials, as the Secretary            ‘‘(ii) establishing treatment goals and eval-        gram) with which the State shares a border,
                                               may require;                                             uating patient risks;                                  to facilitate the exchange of information
                                                 ‘‘(3) certify that such individual will not              ‘‘(iii) prescribing the lowest dose and few-         through an established technology architec-
                                               engage in any illegal, fraudulent, mis-                  est number of pills considered effective;              ture that ensures common data standards,
                                               leading, or other deceptive marketing of                   ‘‘(iv) addictive and overdose risks of               privacy protection, and secure and stream-
                                               schedule II opioid drugs; and                            opioids;                                               lined information sharing;
                                                 ‘‘(4) file with the Secretary annual reports             ‘‘(v) diagnosing and managing substance                (6) authorize direct access to the State’s
                                               disclosing the names of providers visited and            use disorders, including linking patients to           database of the prescription drug monitoring
                                               any drug samples or gifts such individual                evidence-based treatment;                              program to all State law enforcement agen-
                                               gives any such provider.                                   ‘‘(vi) identifying narcotics-seeking behav-          cies, State boards responsible for the licen-
                                                 ‘‘(d) MANUFACTURER REPORTING REQUIRE-                                                                         sure, regulation, or discipline of practi-
                                                                                                        iors; and
                                               MENTS.—The manufacturer who employs or                                                                          tioners, pharmacists, or other persons au-
                                                                                                          ‘‘(vii) using prescription drug monitoring
                                               contracts with any individual required to ob-                                                                   thorized to prescribe, administer, or dispense
                                               tain a license under this section shall in-              programs; and
                                                                                                          ‘‘(C) is approved by the Secretary.’’.               controlled substances; and
                                               clude in reports required under section 1128G                                                                     (7) in order to enhance accountability in
                                               of the Social Security Act the name of each              SEC. 10. REPORT ON PRESCRIBER EDUCATION
                                                                                                                   COURSES FOR MEDICAL AND DEN-                prescribing and dispensing patterns, not
                                               such licensed individual that provides pay-                         TAL STUDENTS.                               fewer than 4 times per year, proactively pro-
                                               ments or other transfers of value required to
                                                                                                          Each school of medicine, school of osteo-            vide informational reports on aggregate
                                               be reported under such section 1128G that re-
                                                                                                        pathic medicine, and school of dentistry par-          trends and individual outliers, based on in-
                                               lates to an opioid drug that is listed in
                                                                                                        ticipating in a program under title IV of the          formation available through the State pre-
                                               schedule II of the Controlled Substances
                                                                                                        Higher Education Act of 1965 (20 U.S.C. 1070a          scription drug monitoring program to—
                                               Act.’’.
                                                                                                        et seq.), as a condition for such participa-             (A) the State entities and persons de-
                                               SEC. 8. WITHDRAWAL OF APPROVAL OF CERTAIN
                                                           OPIOIDS.                                     tion, shall submit an annual report to the             scribed in paragraph (6); and
                                                 (a) IN GENERAL.—Notwithstanding any                    Secretary of Education and the Secretary of              (B) the Medicaid agency and the depart-
                                               other provision of law, any ultra-high-dose              Health and Human Services on any pre-                  ment of public health of the State.
                                               opioid shall be considered a drug that pre-              scriber education courses focused specifi-               (b) TRANSPARENCY IN PRESCRIBING PRAC-
                                                                                                        cally on pain management and responsible               TICES AND INTERVENTION FOR HIGH PRE-




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                                               sents an imminent hazard to the public
                                               health within the meaning of section 505(e)              opioid prescribing practices that such school          SCRIBERS.—
                                               of the Federal Food, Drug, and Cosmetic Act              requires students to take, and whether such              (1) STATE REPORTING REQUIREMENT.—Each
                                               (21 U.S.C. 355(e)), and the Secretary of Health          courses are consistent with the most re-               State that receives funding under any of the
                                               and Human Services shall suspend the ap-                 cently published version of the ‘‘Guideline            programs described in subsection (c) shall,
                                               proval of such drug, in accordance with such             for Prescribing Opioids for Chronic Pain’’ of          twice per year, submit to the Secretary of
                                               section 505(e).                                          the Centers for Disease Control and Preven-            Health and Human Services and the Admin-
                                                  (b) DEFINITION.—In this section, the term             tion or the ‘‘FDA Blueprint for Prescriber             istrator of the Drug Enforcement Adminis-
                                               ‘‘ultra-high-dose opioid’’ means an opioid               Education for Extended-Release and Long-               tration—




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                                               S4354                                             CONGRESSIONAL RECORD — SENATE                                                               July 21, 2020
                                                 (A) a list of all practitioners and dispensers         SEC.   12.   INTEROPERABILITY OF CERTIFIED             native treatment modalities (such as inte-
                                               who, in the applicable reporting period, have                          HEALTH   INFORMATION   TECH-             grative medicine, including acupuncture and
                                                                                                                      NOLOGY.
                                               prescribed or dispensed schedule II, III, or IV                                                                 exercise therapy, neural stimulation, bio-
                                               opioids in the State;                                      Section 3001(c)(5) of the Public Health              feedback, radiofrequency ablation, and trig-
                                                 (B) the amount of schedule II, III, or IV              Service Act (42 U.S.C. 300jj–11(c)(5)) is              ger point injections) furnished to Medicare
                                                                                                        amended by adding at the end the following:            beneficiaries who suffer from acute or chron-
                                               opioids that were prescribed and dispensed
                                                                                                          ‘‘(F)   INTEROPERABILITY.—Beginning       on         ic lower back pain. Such study shall, pursu-
                                               by each individual practitioner and dispenser
                                                                                                        January 1, 2021, the National Coordinator              ant to the contract under this paragraph, in-
                                               described in subparagraph (A); and
                                                                                                        shall not certify electronic health records as         clude an analysis of—
                                                 (C) any additional information that the
                                                                                                        health information technology that is in                 (1) scientific research on the short-term
                                               Secretary and Administrator may require to
                                                                                                        compliance with applicable certification cri-          and long-term impact of the addition of such
                                               support surveillance and evaluation of trends            teria under this paragraph unless such tech-
                                               in prescribing or dispensing of schedule II,                                                                    coverage on clinical efficacy for pain man-
                                                                                                        nology is interoperable with the prescription          agement of such beneficiaries;
                                               III, or IV opioids, or to identify possible non-         drug monitoring programs of each State
                                               medical use and diversion of such sub-                                                                            (2) whether the lack of Medicare coverage
                                                                                                        that, at the time of the request for such cer-         for alternative treatment modalities impacts
                                               stances.                                                 tification, has such a program.’’.
                                                 (2) ANNUAL REPORT.—Not later than 1 year                                                                      the volume of opioids prescribed for bene-
                                                                                                        SEC. 13. STUDIES RELATED TO OVERDOSE DIS-              ficiaries; and
                                               after the date of enactment of this Act, and                         CHARGE AND FOLLOW-UP POLICIES.               (3) the cost to the Medicare program of the
                                               annually thereafter, the Secretary of Health               (a) STUDY.—Not later than January 1, 2021,           addition of such coverage to treat pain and
                                               and Human Services, in consultation with                 the Secretary of Health and Human Services             mitigate the progression of chronic pain, as
                                               the Administrator of the Drug Enforcement                shall—                                                 weighed against the cost of opioid use dis-
                                               Administration, the Secretary of Defense,                  (1) conduct a study on the scope and cir-            order, overdose, readmission, subsequent sur-
                                               the Secretary of Veterans Affairs, and the               cumstances of non-fatal opioid overdoses,              geries, and utilization and expenditures
                                               Director of the Indian Health Service, shall             the policies and procedures that States,               under parts B and D of such title.
                                               submit to Congress, and make public, a re-               health care systems, and first responders                (b) REPORT.—Not later than 1 year after
                                               port identifying outliers among the medical              have implemented; and                                  the date of enactment of this Act, pursuant
                                               specialties and geographic areas with the                  (2) in partnership with stakeholder organi-          to the contract under subsection (a), the Na-
                                               highest rates of opioid prescribing in the Na-           zations with subject matter expertise, estab-          tional Academies shall submit to Congress a
                                               tion, by zip code.                                       lish guidelines for hospital procedures fol-           report on the study under subsection (a).
                                                 (3) DEVELOPMENT OF ACTION PLAN.—                       lowing non-fatal opioid overdose and the ad-             (c) AUTHORIZATION OF APPROPRIATIONS.—To
                                                 (A) INITIAL PLAN.—Not later than 1 year                ministration of overdose reversal medica-              carry out this section, there are authorized
                                               after the date of enactment of this Act, the             tion.                                                  to be appropriated such sums as may be nec-
                                               Secretary of Health and Human Services, in                 (b) STUDY AND DEVELOPMENT OF QUALITY                 essary.
                                               consultation with the Administrator of the               MEASURES UNDER MEDICARE RELATED TO
                                               Drug Enforcement Administration, the Sec-                OPIOID ABUSE AND SUBSTANCE USE DIS-                          By Mr. DURBIN:
                                               retary of Defense, the Secretary of Veterans             ORDER.—Section 1890A(e) of the Social Secu-              S. 4243. A bill to protect children of
                                               Affairs, and the Director of the Indian                  rity Act (42 U.S.C. 1395aaa–1(e)) is amended—          certain immigrant workers from deten-
                                               Health Service, shall submit to Congress a                 (1) by striking ‘‘MEASURES.—The Adminis-             tion and removal and aging out of law-
                                               plan of action, including warning letters and            trator’’ and inserting ‘‘MEASURES.—
                                                                                                                                                               ful status, and for other purposes; to
                                               enforcement mechanisms, for addressing                     ‘‘(1) IN GENERAL.—The Administrator’’; and
                                                                                                          (2) by adding at the end the following new           the Committee on the Judiciary.
                                               outliers in opioid prescribing practices and
                                               ensuring an adequate Federal response to                 paragraph:                                                                 S. 4243
                                               protect the public health.                                 ‘‘(2) STUDY AND DEVELOPMENT OF QUALITY                 Mr. DURBIN. Mr. President, I ask
                                                 (B) UPDATED PLAN.—The Secretary of                     MEASURES RELATED TO OPIOID ABUSE AND SUB-              unanimous consent that the text of the
                                               Health and Human Services shall submit to                STANCE USE DISORDER.—Beginning not later               bill be printed in the RECORD. There
                                               Congress updates to the plan of action de-               than 1 year after the date of enactment of             being no objection, the text of the bill
                                               scribed in subparagraph (A), as such Sec-                this paragraph, the Administrator of the
                                                                                                                                                               was ordered to be printed in the
                                               retary, in consultation with the heads of                Center for Medicare & Medicaid Services
                                                                                                        shall study, and through contracts develop,            RECORD, as follows:
                                               agencies described in such subparagraph, de-                                                                      Be it enacted by the Senate and House of Rep-
                                               termines appropriate.                                    in coordination with appropriate subject
                                                                                                                                                               resentatives of the United States of America in
                                                                                                        matter organizations (such as the entity
                                                 (c) PROGRAMS DESCRIBED.—The programs                                                                          Congress assembled,
                                                                                                        with a contract under section 1890), for use
                                               described in this subsection are—                                                                               SECTION 1. SHORT TITLE.
                                                                                                        under this Act, quality measures related to
                                                 (1) the Harold Rogers Prescription Drug                standards of care for treating individuals              This Act may be cited as the ‘‘Protect
                                               Monitoring Program established under the                 with non-fatal opioid overdose, discharge              Children of Immigrant Workers Act’’.
                                               Departments of Commerce, Justice, and                    procedures, and linkages to appropriate sub-           SEC. 2. PROTECTING CHILDREN OF CERTAIN IM-
                                                                                                                                                                          MIGRANT WORKERS FROM DETEN-
                                               State, the Judiciary, and Related Agencies               stance use disorder treatment and commu-
                                                                                                                                                                          TION AND REMOVAL AND AGING
                                               Appropriations Act, 2002 (Public Law 107–77;             nity support services.’’.                                         OUT OF LAWFUL STATUS.
                                               115 Stat. 748);                                          SEC. 14. MEDICAID OPIOID DRUG MAPPING TOOL.              (a) IN GENERAL.—Notwithstanding any
                                                 (2) the controlled substance monitoring                  (a) IN GENERAL.—The Secretary of Health              other provision of law, subject to subsection
                                               program under section 399O of the Public                 and Human Services shall create an inter-              (b), with respect to an individual whose par-
                                               Health Service Act (42 U.S.C. 280g–3);                   active opioid drug mapping tool, which shall           ent is the principal beneficiary of an ap-
                                                 (3) the Prescription Drug Overdose: Pre-               be made publicly available on the internet             proved employment-based immigrant worker
                                               vention for States program of the Centers for            website of the Centers for Medicare & Med-             petition filed on a date on which the indi-
                                               Disease Control and Prevention;                          icaid Services, showing prescribing practices          vidual was a child (as defined in section
                                                 (4) the Prescription Drug Overdose: Data-              of providers that participate in State Med-            101(b) of the Immigration and Nationality
                                               Driven Prevention Initiative of Centers for              icaid programs and geographic comparisons,             Act (8 U.S.C. 1101(b))—
                                               Disease Control and Prevention;                          at the State, county, and ZIP code levels, of             (1) the Secretary of Homeland Security
                                                 (5) the Enhanced State Opioid Overdose                 de-identified opioid prescription claims made          shall not detain, refer for removal, initiate
                                               Surveillance program of the Centers for Dis-             under State Medicaid programs under title              removal proceedings against, or remove the
                                               ease Control and Prevention;                             XIX of the Social Security Act (42 U.S.C. 1396         individual; and
                                                 (6) the opioid grant program under section             et seq.).                                                 (2) the individual shall—
                                               1003 of the 21st Century Cures Act (Public                 (b) COLLECTION OF DATA FROM STATES.—                    (A) without regard to immigrant intent
                                               Law 114–255); and                                        The Secretary of Health and Human Services             and on application by the individual, be eli-
                                                 (7) the State Opioid Response Grant pro-               may request from States such data as the               gible—
                                               gram described under the heading ‘‘SUB-                  Secretary determines necessary to create the              (i) to extend nonimmigrant dependent sta-
                                               STANCE ABUSE TREATMENT’’ under the head-                 opioid mapping tool described in subsection            tus connected to the nonimmigrant status of
                                               ing ‘‘SUBSTANCE ABUSE AND MENTAL HEALTH                  (a).                                                   such parent until the date on which an appli-
                                                                                                        SEC. 15. NATIONAL ACADEMIES STUDY.                     cation for lawful permanent resident status




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                                               SERVICES ADMINISTRATION’’ of title II of divi-
                                               sion A of the Further Consolidated Appro-                  (a) STUDY.—The Secretary of Health and               filed by the individual pursuant to subpara-
                                               priations Act, 2020 (Public Law 116–94).                 Human Services shall enter into a contract             graph (B) is adjudicated; or
                                                                                                        with the National Academies of Science, En-               (ii) to extend or change status to an alter-
                                                  (d) DEFINITIONS.—In this section, the terms           gineering, and Medicine (referred to in this           native nonimmigrant status independent of
                                               ‘‘dispenser’’ and ‘‘practitioner’’ have the              section as the ‘‘National Academies’’) to              such parent’s visa status until the date on
                                               meanings given such terms in section 102 of              carry out a study on the addition of coverage          which an application for lawful permanent
                                               the Controlled Substances Act (21 U.S.C.                 under the Medicare program under title                 resident status filed by the individual pursu-
                                               802).                                                    XVIII of the Social Security Act of alter-             ant to that subparagraph is adjudicated; and




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                                               July 21, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S4355
                                                 (B) qualify as a derivative beneficiary child          of reforms to strengthen its health emer-              connected than it has ever been. These
                                               for immigrant visa purposes beginning on                 gencies program and response in large part             advancements, especially international
                                               the date on which such parent’s employ-                  due to United States involvement;                      travel, create risks, as we have seen
                                               ment-based immigrant worker petition is ap-                Whereas the WHO is leading the global re-
                                                                                                                                                               through the devastating spread of the
                                               proved and ending on the date on which the               sponse to the COVID–19 pandemic with its
                                               individual’s application for lawful perma-               technical, communications, and organiza-               novel coronavirus all over the globe.
                                               nent resident status is adjudicated, regard-             tional capacities in 150 countries;                    But close global connections also
                                               less of whether such parent is living or de-               Whereas the WHO is coordinating an un-               strengthen our capacity to work col-
                                               ceased.                                                  precedented global clinical trial, known as            laboratively to tackle threats facing
                                                 (b) APPLICABILITY.—Subsection (a) shall                the ‘‘Solidarity Trial’’, to evaluate the safe-        our communities. The COVID–19 pan-
                                               not apply to any individual who the Sec-                 ty and effectiveness of 4 drug treatment               demic is one such threat—it is a chal-
                                               retary determines, on an individualized                  combinations against COVID–19, involving               lenge that we will only be able to over-
                                               basis, poses a threat to public safety or na-            more than 100 countries, 400 hospitals, and            come together. United Nations Sec-
                                               tional security.                                         more than 3,500 patients;
                                                                                                          Whereas the WHO is leading the global ef-
                                                                                                                                                               retary General Antonio Guterres put it
                                                               f                                                                                               best when he said, ‘‘We are only as
                                                                                                        fort to supply health commodities and is co-
                                                     SUBMITTED RESOLUTIONS                              ordinating the United Nations Global Supply            strong as the weakest health systems.’’
                                                                                                        Chain Task Force, which is working with the               President Trump’s decision on July
                                                                                                        private sector, the World Food Programme,              6th to begin formally withdrawing the
                                               SENATE       RESOLUTION        653—EX-                   and the European Central Bank to establish             United States from the World Health
                                                 PRESSING THE SENSE OF THE                              an emergency supply chain for low-resource             Organization, or the WHO, is irra-
                                                 SENATE THAT A UNITED STATES                            countries;                                             tional, reckless, and simply the wrong
                                                 WITHDRAWAL FROM THE WORLD                                Whereas at least 135 countries rely on the           thing to do. While the WHO is not per-
                                                 HEALTH ORGANIZATION UNDER-                             WHO to procure millions of pieces of per-
                                                                                                        sonal protective equipment and other vital
                                                                                                                                                               fect, its technical capacities and rela-
                                                 MINES UNITED STATES GLOBAL                                                                                    tionship with nearly every country in
                                                                                                        health commodities like tests and testing
                                                 HEALTH LEADERSHIP AND THE                              supplies;                                              the world make it the best organiza-
                                                 INTERNATIONAL        COVID–19    RE-                     Whereas the WHO is the only organization             tion to manage the response to a global
                                                 SPONSE                                                 with the legal mandate and capacity to gath-           pandemic like COVID–19. A few weeks
                                                 Mr. CARDIN (for himself, Mr. LEAHY,                    er public health data from any country in              ago, the Senate Foreign Relations
                                               Mr. BROWN, Ms. CANTWELL, Mr. VAN                         the world and use it to quickly develop and            Committee heard from a panel of pub-
                                                                                                        disseminate technical guidance to help coun-           lic health experts who all spoke with
                                               HOLLEN, Mr. COONS, Mr. CARPER, Mr.
                                                                                                        tries prepare public health responses;
                                               DURBIN, Mr. CASEY, Mrs. MURRAY, Mr.                        Whereas the WHO, through a partnership
                                                                                                                                                               one voice—leaving the WHO in the
                                               HEINRICH, Mr. KAINE, Ms. BALDWIN, Mr.                    with member states, major donors, and pri-             middle of a global pandemic will not
                                               WYDEN, Mr. BENNET, Mrs. FEINSTEIN,                       vate sector partners called the ACT Accel-             only compromise the international re-
                                               Ms. STABENOW, Mr. REED, Mr. UDALL,                       erator, is already working to pre-position             sponse to COVID–19, it will put Ameri-
                                               Ms. KLOBUCHAR, Ms. WARREN, Mr. MUR-                      manufacturing capacity and distribution                cans’ lives at risk.
                                               PHY, Ms. SMITH, Mr. KING, Mr. WHITE-                     channels to ensure that all countries have                Today, I am introducing a resolution
                                               HOUSE, Mr. BOOKER, Ms. HIRONO, Ms.                       access to future therapies and vaccines fast-          with 28 co-sponsors that expresses the
                                                                                                        er and at a fair price;                                sense of the Senate that withdrawing
                                               ROSEN, and Mr. MERKLEY) submitted
                                                                                                          Whereas the Trump Administration froze
                                               the following resolution; which was re-                                                                         from the WHO undermines U.S. global
                                                                                                        funding to the WHO pending a ‘‘60 to 90 day
                                               ferred to the Committee on Foreign                       review’’ on April 14, 2020, but without any            health leadership and the international
                                               Relations:                                               disclosure of the review’s findings, gave the          COVID–19 response. This resolution
                                                                  S. RES. 653                           WHO 30 days to make unspecified reforms on             recognizes that since the WHO was
                                                 Whereas United States contributions to                 May 19, 2020, and then, 11 days later, an-             founded in 1948—with help from the
                                               the World Health Organization (WHO) are le-              nounced the United States would withdraw               United States—it has relied on U.S.
                                               veraged with contributions from other coun-              from the WHO;                                          support to lead the world in disease de-
                                               tries, the private sector, and foundations to              Whereas, on June 25, 2020, the Senate                tection and eradication and strength-
                                               advance longstanding United States global                passed by unanimous consent S. Res. 579,
                                                                                                                                                               ening health systems. The resolution
                                               health priorities;                                       urging United States leadership and partici-
                                                                                                        pation in global efforts on therapeutics and           also highlights the significant benefit
                                                 Whereas the WHO was founded in 1948 with
                                                                                                        vaccine development and delivery to address            the U.S. gains by participating in the
                                               United States help and has been at the fore-
                                               front of major global health achievements in             COVID–19; and                                          WHO, including the ability to improve
                                               the last 72 years, including the eradication of            Whereas, on July 6, 2020, the Trump Ad-              public health in regions of the world
                                               polio, because of United States financial and            ministration officially submitted a formal             that would be impossible to reach on
                                               diplomatic support;                                      letter to the United Nations Secretary Gen-            our own.
                                                 Whereas the United States has consist-                 eral to withdraw the United States from the               Finally, the resolution highlights the
                                               ently been the largest donor to the WHO in               WHO: Now, therefore, be it                             lifesaving work of the WHO in respond-
                                               recognition of its vital role in saving lives,             Resolved, That it is the sense of the Senate
                                                                                                        that—                                                  ing to the COVID–19 pandemic. This
                                               improving global disease detection, and co-                                                                     work includes convening an unprece-
                                               ordinating a global public health response;                (1) withdrawing the United States from the
                                                                                                        World Health Organization—                             dented global clinical trial—the Soli-
                                                 Whereas the WHO is able to implement
                                               health programs in places the United States                (A) undermines United States global                  darity Trial—to help find an effective
                                               Government cannot as effectively operate in,             health priorities and threatens lives around           treatment for COVID–19; coordinating
                                               including Afghanistan, Syria, Yemen, and                 the world and in the United States;                    global supply chains of personal protec-
                                               the Democratic Republic of the Congo;                      (B) risks weakening the global response to           tive equipment and other health com-
                                                 Whereas the WHO leads polio surveillance,              the COVID–19 pandemic;
                                                                                                                                                               modities for more than 135 countries;
                                               immunization, and technical support, and is                (C) threatens United States humanitarian
                                                                                                        responses; and                                         and pre-positioning manufacturing ca-
                                               able to reach remote areas in countries                                                                         pacity and distribution channels to en-
                                               where polio still exists;                                  (D) creates a vacuum of leadership at the
                                                                                                        WHO at a time when it has been our ex-                 sure that all countries have access to
                                                 Whereas the President’s Emergency Plan
                                               for AIDS Relief works with the WHO to en-                pressed interest to counter China’s growing            future therapies and vaccines faster
                                               hance programs and policies in areas, includ-            influence within the organization; and                 and at a fair price. Last month, the
                                               ing laboratory capacity, prevention of moth-               (2) the World Health Assembly agreed by              Senate unanimously passed a resolu-
                                               er to child transmission of HIV, health sys-             consensus to appoint an interim assessment             tion urging U.S. participation in global
                                               tem strengthening, prevention of tuber-                  of the response to COVID–19, and by remain-
                                                                                                                                                               efforts on therapeutics and vaccine de-
                                               culosis infections, and counseling and test-             ing a member in good standing, the United




SSpencer on DSK126QN23PROD with SENATE
                                                                                                        States will have the most leverage to advo-            velopment and delivery to address
                                               ing;                                                                                                            COVID–19. Leaving the WHO will make
                                                 Whereas the United States is home to 83                cate and put in place the reforms necessary
                                                                                                        for the World Health Organization to respond           it drastically more difficult to accom-
                                               different WHO collaborating centers, more
                                               than 20 of which are at the Centers for Dis-             to this and future crises.                             plish those goals.
                                               ease Control and the National Institutes of                Mr. CARDIN. Mr. President, we are                       The WHO has its flaws, but the
                                               Health;                                                  in unprecedented times. Modem trans-                   United States is best positioned to ef-
                                                 Whereas the WHO, following the 2014 West               portation and communication tech-                      fect positive changes by maintaining
                                               African Ebola outbreak, undertook a series               nology make our world more inter-                      our seat at the table. Historically, we



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