Congressional Record — Senate, December 10, 2020, Page S7395
Summary
Page S7395 of the Senate section of the Congressional Record for December 10, 2020, in interleaved columns. One speaker says Democrats have blasted a Republican offer in COVID relief negotiations as obstruction and complains about liability protection and trial lawyers, which is that speaker's view. Mr. Cornyn asks unanimous consent that the Alexander substitute amendment be agreed to. The page also prints bill text on amphibious passenger vessel safety, referring to Coast Guard board reports on the Stretch Duck 7 sinking at Table Rock and the Miss Majestic sinking near Hot Springs, and text on biological product licenses.
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“Congressional Record — Senate, December 10, 2020, Page S7395.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-10-crec-2020-12-10-pt1-pgs7395-c2c93dc76c/
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December 10, 2020 CONGRESSIONAL RECORD — SENATE S7395
in Table Rock, Missouri, Hot Springs, Ar- edly tried to negotiate with the Speak- bill—or when it comes to liability pro-
kansas, and Seattle, Washington. er, with the latest attempt being ear- tection, the trial lawyers.
(B) The Coast Guard’s Marine Investiga- lier this week. Oddly enough, our Now, I am a recovering lawyer my-
tion Board reports on the Stretch Duck 7 self. I don’t hold a grudge against law-
Democratic colleagues have blasted the
sinkings at Table Rock, Missouri, and the
offer as being an attempt to obstruct yers earning a living. But the fact is,
Miss Majestic sinking near Hot Springs, Ar-
kansas. negotiations. This is a parallel uni- we ought to be concerned about the
(5) INTERIM REQUIREMENTS.—The interim verse, where up is down and down is up, American people and not lawyers, who,
requirements described in subsection (a)(2), apparently, for our Democratic col- I dare say, are probably doing pretty
as appropriate. leagues. well relative to those who aren’t get-
(c) PROHIBITION ON OPERATION OF NON- Only in the Democrats’ alternate re- ting a paycheck or are in lockdowns at
COMPLIANT VESSELS.—Commencing as of the alty is more compromise an example of home.
date specified by the Secretary of the depart- So our Democratic colleagues have
obstruction. Based on everything we
ment in which the Coast Guard is operating employed the same all-or-nothing ap-
pursuant to subsection (d), any amphibious
have seen so far, it appears they have
passenger vessel whose configuration or op- no real interest in reaching a deal. And proach that has been their hallmark,
eration does not comply with the require- I conclude that only because they have and, as the American people have
ments under subsection (a)(2) (or subsection stood in the way of every attempt so learned over and over again, it almost
(a)(1), if prescribed) may not operate in far to come to an agreement and seem always leads to nothing. I mean, so
waters subject to the jurisdiction of the perfectly content to maintain the sta- much of this is so obvious, it seems to
United States, as defined in section 2.38 of tus quo, which nobody claims to like, me, you almost are embarrassed to say
title 33, Code of Federal Regulations (or a even as the American people continue it, but when your attitude is ‘‘all or
successor regulation). nothing,’’ you usually end up with
(d) DEADLINE FOR COMPLIANCE.—The regu- to call for additional support.
lations and interim requirements described Almost every Member of Congress nothing. And that is where we are
in subsections (a) and (b) shall require com- has said they want to pass another re- today—no unemployment benefit ex-
pliance with the requirements in the regula- lief bill before the end of the year, but tension, no funding for schools, no
tions not later than 2 years after the date of as we stand here today, we are empty- money for vaccine distribution, no sec-
the enactment of this Act, as the Secretary handed despite the fact that we agree ond draw on the Paycheck Protection
of the department in which the Coast Guard on a majority of what should be in that Program. Nothing. Zip. Nada.
is operating may specify in the regulations. package. Republicans and Democrats Our Democratic colleagues have
(e) REPORT.—Not later than 180 days after proven over and over again that either
the promulgation of the regulations required
agree that funding for schools, vac-
cines, the Paycheck Protection Pro- they don’t want to negotiate or they
under subsection (a), the Commandant of the
Coast Guard shall provide a report to the gram, and assistance for the hardest have forgotten how. They aren’t inter-
Committee on Commerce, Science, and hit Americans is desperately needed. ested in compromise, which is the only
Transportation of the Senate and the Com- But there appear to be two hangups in way you get things done here. It sounds
mittee on Transportation and Infrastructure the negotiations: liability protections like they are more interested in mes-
of the House of Representatives regarding and State and local aid. saging than they are in actually
the status of the implementation of the re- I think it is safe to say, in all fair- achieving a result—making a law,
quirements included in such regulations. ness to our Democratic friends, they something the President will sign after
The bill (S. 1031), as amended, was or- just don’t support liability protections, it passes both Houses.
dered to be engrossed for a third read- whether it is for healthcare workers, So our colleagues need to make a de-
ing, was read the third time, and hospitals, schools, churches, or non- cision, and they need to make it quick-
passed. profits that can be hit with a wave of ly. Are they willing to work with us
Mr. HAWLEY. Mr. President, I yield litigation unless we act. And we know and send a bill to the President that in-
the floor. on this side of the aisle Republicans cludes most of what they would like to
f don’t support hundreds of billions of see in a relief bill, if not all, or are
dollars of new money to bail out cities they willing to tank everything—fund-
NATIONAL DEFENSE AUTHORIZA-
and States that have been mismanaged ing for State and local government,
TION ACT FOR FISCAL YEAR
for decades. vaccines, schools, small businesses,
2021—Conference Report—Continued
With neither side willing to budge, families who are hurting and anxious
The PRESIDING OFFICER. The Sen- Leader MCCONNELL made the only rea- and in financial distress? Are they will-
ator from Texas. sonable suggestion I have heard in ing to throw them under the bus if they
CORONAVIRUS light of the stalemate. He said that set- can’t get everything they want? Again,
Mr. CORNYN. Mr. President, as we ting these two issues aside seems to the choice seems so obvious to me. I
all know, the clock is ticking down on make sense so we can do what we can am sorry I have to say it, but it has be-
coronavirus relief. Both the Senate and do and include all the things we agree come obvious that, so far, Democratic
the House are set to wrap up the work on in the coming days while we hold off leadership has no interest in resolving
of the 116th Congress in just a few days, those more controversial pieces until these negotiations in a way that gets
but we don’t appear to be much closer the start of the next year. them most of what they want without
to a deal now than we were this sum- Our friends across the aisle appar- taking the risk that we end up empty-
mer. ently have never heard of the 80–20 handed.
Over the last few months, my col- rule, and that makes sense, I guess, in TRIBUTE TO PAT ROBERTS
leagues and I on this side of the aisle this alternate reality where NANCY Mr President, this morning, during
have attempted to reach an agreement PELOSI said that ‘‘nothing is better the remarks by the senior Senator
that could gain bipartisan support. We than something.’’ I have never heard from Kansas, I was stuck in the Judici-
have proposed a number of targeted anyone say that before. It is rather ary Committee, and so I wasn’t able to
packages which have included funding shocking to me. be here, although I have read and heard
for the most urgent bipartisan prior- Based on their reception of the long reported back to me some of the best
ities, things like vaccine development, list of proposals so far this year, I am moments of his remarks, and I just
schools, and the Paycheck Protection sure it will come as no surprise that wanted to come here to the floor and
Program. We have tried to pass indi- they have basically rejected any en- say a few words about our friend PAT
vidual proposals that have had near treaties that we have made. It is clear ROBERTS as we prepare to bid him fare-
unanimous support, like a 1-week ex- to me that they aren’t approaching
SSpencer on DSK126QN23PROD with SENATE
well.
tension of unemployment insurance these negotiations by asking what is PAT has represented the people of
benefits. best for the 330 million people in this Kansas for four decades—16 years in
At every turn in the runup to the country; their concern appears to be the House and 24 years here in the Sen-
election, our Democratic colleagues what is best for them politically—cer- ate—and I bet it seems like a blink of
have simply stood in the way. It is not tainly in the runup to the election, an eye. During that time, he has estab-
just Republicans’ ideas they have re- where they denied the American people lished himself as a national leader—in
jected. The administration has repeat- the benefits of another COVID–19 relief agriculture in particular—a dependable
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S7396 CONGRESSIONAL RECORD — SENATE December 10, 2020
voice for rural Americans, and an un- across the country. And, of course, he considered read a third time and
wavering advocate for our Nation’s has advocated for our servicemembers passed; and that the motions to recon-
servicemembers, as you would expect a and our veterans. PAT even chaired the sider be considered made and laid upon
former marine to be. But he has also Senate Intelligence Committee for a the table.
been a source of great comedic relief in time, and he helped to identify sys- The PRESIDING OFFICER. Without
a place where people often take them- temic problems in the intelligence objection, it is so ordered.
selves too seriously. community and enact critical reforms. The amendment (No. 2699) was
A few years ago, during a Senate Fi- Finally, in a great labor of love, agreed, to as follows:
nance Committee hearing, we heard which seems like, I am sure, it has (Purpose: In the nature of a substitute)
PAT’s cell phone ringing. Much to ev- taken decades to accomplish, a few Strike all after the enacting clause and in-
eryone’s enjoyment, it wasn’t a fac- months ago, PAT was able to see his sert the following:
tory-set ring tone; it was the song ‘‘Let decades-long fight come to a satisfying SECTION 1. SHORT TITLE.
It Go’’ from the Disney movie ‘‘Fro- conclusion when the Dwight David Ei- The Act may be cited as the ‘‘Purple Book
zen.’’ When he was asked if he had seen senhower Memorial was completed. Continuity Act of 2020’’.
SEC. 2. BIOLOGICAL PRODUCT PATENT TRANS-
the stage adaptation, he equipped: ‘‘I This incredible monument to our 34th PARENCY.
might even be in it.’’ President would not have been possible (a) IN GENERAL.—Section 351(k) of the Pub-
Well, his acting chops are clearly not without PAT ROBERTS. He has worked lic Health Service Act (42 U.S.C. 262(k)) is
adequate for Broadway, but there is on it for the last 20 years, most of it amended by adding at the end the following:
certainly enough to impress those of us behind the scenes, and it seems like the ‘‘(9) PUBLIC LISTING.—
here in this Chamber. He has a great perfect culmination of his service in ‘‘(A) IN GENERAL.—
Marlon Brando impression and a knack Congress. ‘‘(i) INITIAL PUBLICATION.—Not later than
for injecting quotes from the movie While PAT’s sense of humor and devo- 180 days after the date of enactment of the
Purple Book Continuity Act of 2020, the Sec-
‘‘On the Waterfront’’ at the perfect mo- tion to public service are often on pub- retary shall publish and make available to
ment. And we all know that he is a lic display, members of our Senate the public in a searchable, electronic for-
great country music fan, particularly community have also come to know of mat—
of Ray Price. the size of his heart. He has got a big ‘‘(I) a list of each biological product, by
PAT is happy to entertain just about one. When a former member of PAT’s nonproprietary name (proper name), for
anyone who will listen to his talent for staff unexpectedly passed away this which, as of such date of enactment, a bio-
storytelling, and I know members of last year, he was there to comfort the logics license under subsection (a) or this
my staff have enjoyed learning about family and friends and share wonderful subsection is in effect, or that, as of such
his time in the Marine Corps—at least date of enactment, is deemed to be licensed
stories about Chris in a speech at his under this section pursuant to section
those PG-rated moments. memorial service, because when you 7002(e)(4) of the Biologics Price Competition
It is fitting that Washington Maga- work for PAT ROBERTS—or I should say and Innovation Act of 2009;
zine has given him the title of ‘‘Fun- with PAT ROBERTS—you are not just a ‘‘(II) the date of licensure of the marketing
niest Senator,’’ a number of times even cog in a policymaking or legislative application and the application number; and
referring to him as the ‘‘Senate’s Jay machine; you are family. ‘‘(III) with respect to each biological prod-
Leno.’’ You never know what PAT is You would be hard-pressed to find a uct described in subclause (I), the licensure
going to say, but it is invariably enter- better friend to Kansans, a more de- status, and, as available, the marketing sta-
taining and always amusing. tus.
voted ally for our farmers and ranch- ‘‘(ii) REVISIONS.—Every 30 days after the
As much as we are going to miss his ers, a bigger K-State fan, or a more publication of the first list under clause (i),
frequent jokes and clever one-liners, loved Member of the Senate than our the Secretary shall revise the list to include
we are going to miss his steadfast lead- friend PAT ROBERTS. There is no ques- each biological product which has been li-
ership and friendship even more—as I tion we will miss him and the countless censed under subsection (a) or this sub-
said earlier, especially when it comes laughs he has provided over the years, section during the 30-day period or deemed
to his advocacy on behalf of farmers but I know he is eager to spend more licensed under this section pursuant to sec-
and ranchers and folks who put the time in greener pastures with his won- tion 7002(e)(4) of the Biologics Price Com-
food on our tables and the clothes on petition and Innovation Act of 2009.
derful wife Franki. PAT has earned a ‘‘(iii) PATENT INFORMATION.—Not later than
our backs. well-deserved retirement, and I know 30 days after a list of patents under sub-
PAT has had his hand and his finger- he is looking forward to spending more section (l)(3)(A), or a supplement to such list
prints on every Agriculture bill for the time with his and Franki’s children under subsection (l)(7), has been provided by
last four decades. Those farm bills are and growing number of grandchildren. the reference product sponsor to the sub-
tough—trying to marry up the inter- PAT, we wish you well. section (k) applicant respecting a biological
ests of urban folks and food stamps and f product included on the list published under
things like that along with the needs of this subparagraph, the reference product
our production agriculture, our farm- PURPLE BOOK CONTINUITY ACT sponsor shall provide such list of patents (or
ers and ranchers. He was the first per- OF 2019. supplement thereto) and their corresponding
son to chair the Agriculture Com- expiry dates to the Secretary, and the Sec-
Mr. CORNYN. Mr. President, I ask retary shall, in revisions made under clause
mittee in both the House and the Sen- unanimous consent that the Com- (ii), include such information for such bio-
ate, as well as the first to write and mittee on Health, Education, Labor, logical product. Within 30 days of providing
pass a farm bill in both Chambers. He and Pensions be discharged from fur- any subsequent or supplemental list of pat-
has been an unrelenting champion for ther consideration of H.R. 1520 and the ents to any subsequent subsection (k) appli-
our Nation’s farmers and ranchers and Senate proceed to its immediate con- cant under subsection (l)(3)(A) or (l)(7), the
producers, and Texas agriculture has sideration. reference product sponsor shall update the
benefited, too, from his work to remove The PRESIDING OFFICER. Without information provided to the Secretary under
trade barriers and burdensome regula- this clause with any additional patents from
objection, it is so ordered.
such subsequent or supplemental list and
tions that have threatened their com- The clerk will report the bill by title. their corresponding expiry dates.
petitiveness or, in some cases, their The legislative clerk read as follows: ‘‘(iv) LISTING OF EXCLUSIVITIES.—For each
survival. A bill (H.R. 1520) to amend the Public biological product included on the list pub-
While PAT’s accomplishments as Health Service Act to provide for the publi- lished under this subparagraph, the Sec-
chairman of the Agriculture Com- cation of a list of licensed biological prod- retary shall specify each exclusivity period
mittee are among his most celebrated, ucts, and for other purposes. under paragraph (6) or paragraph (7) for
SSpencer on DSK126QN23PROD with SENATE
his remarkable career in public service There being no objection, the com- which the Secretary has determined such bi-
has led to a long list of wins for the mittee was discharged and the Senate ological product to be eligible and that has
not concluded.
American people. He has led efforts to proceeded to consider the bill. ‘‘(B) REVOCATION OR SUSPENSION OF LI-
help improve access to quality Mr. CORNYN. Mr. President, I ask CENSE.—If the license of a biological product
healthcare for all Americans. He has unanimous consent that the Alexander is determined by the Secretary to have been
helped keep taxes low and improve eco- substitute amendment at the desk be revoked or suspended for safety, purity, or
nomic opportunities for families all agreed to; that the bill, as amended, be potency reasons, it may not be published in
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