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Congressional Record, Senate, December 8, 2021 (S9018) — Peng Shuai Resolution and Nominations

Summary

Congressional Record, Senate, December 8, 2021 (pages S9018 and S9019). Scott of Florida and Durbin exchange remarks on a resolution about Peng Shuai, and Durbin asks that the request be modified to take up the nomination of Nicholas Burns to be Ambassador to China; objection is heard to the modification. Van Hollen asks for a vote on the nomination of Laurie Locascio to be Under Secretary of Commerce for Standards and Technology, saying 156 nominations are pending on the executive calendar. Scott of Florida objects, citing a hold on Department of Transportation and Department of Commerce nominees until the Commerce Committee hears from Secretary Raimondo and Secretary Buttigieg. Johnson then speaks under the heading Vaccine Mandate.

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“Congressional Record, Senate, December 8, 2021 (S9018) — Peng Shuai Resolution and Nominations.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-12-08-crec-2021-12-08-pt1-pgs9018-3e9df83a9a/, SHA-256 59a82946178685db20bb3ff600ec558a5ab5aca209ec9f6870fa8002d180af3d.

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                                               S9018                                             CONGRESSIONAL RECORD — SENATE                                                  December 8, 2021
                                               think the President was correct in not                    The PRESIDING OFFICER. Will the                      the WTA has done. I am very dis-
                                               only saying that we were going to                       Senator from Florida so modify his re-                 appointed with what the NBA has done.
                                               withhold any diplomats being sent over                  quest?                                                 I am disappointed with what the IOC
                                               to China during the next round of the                     Mr. SCOTT of Florida. Mr. President.                 has done.
                                               Olympic Games, but I understand the                       The PRESIDING OFFICER. The Sen-                        I am also disappointed that the Sen-
                                               administration is reaching out to other                 ator from Florida.                                     ate, today, could not come to a resolu-
                                               countries to join us.                                     Mr. SCOTT of Florida. Reserving the                  tion and simply stand up for somebody
                                                 Whether it is the Uighers or whether                  right to object, first, I thank my col-                who has accused the Vice Premier of
                                               it is Ms. Peng Shuai, outrageous                        league for agreeing that—I think we all                China of sexual assault. None of us
                                               human rights abuses should not be ig-                   agree that what has happened to Peng                   would like that to happen to anybody
                                               nored. And as I glance at your resolu-                  Shuai is wrong, and I think we all                     in our families, and we don’t want it to
                                               tion here, it looks like you hit the nail               know we have to stand up to what com-                  happen to anybody in this country. We
                                               on the head.                                            munist China is doing.                                 ought to stand up for people in China
                                                 So why am I reserving the right to                      Here is my concern about Nick                        just like we would want them to stand
                                               object?                                                 Burns: Until the day he was nominated                  up for people in this country.
                                                 Here is something that I think would                  by President Biden, he had had no                        The PRESIDING OFFICER. The Sen-
                                               be helpful in the cause of human                        problems with communist China. He                      ator from Maryland.
                                               rights. What if the United States of                                                                             UNANIMOUS CONSENT REQUEST—EXECUTIVE
                                                                                                       has never stood up to communist
                                               America actually had an Ambassador                                                                                             CALENDAR
                                                                                                       China; he has taken money from com-
                                               in China?                                                                                                        Mr. VAN HOLLEN. Mr. President, I
                                                 Think about that possibility. We                      munist China; he has always looked
                                                                                                       the other way.                                         am here on the floor today to urge the
                                               would have someone representing our                                                                            Senate to move immediately to vote on
                                               country on the scene in Beijing work-                     So my concern is that we ought to
                                                                                                       have a vote on him because everybody                   the    confirmation    of   Dr.   Laurie
                                               ing for the United States, speaking up                                                                         Locascio to be the Under Secretary of
                                               for human rights.                                       ought to have the opportunity to talk
                                                                                                       to him and get his position. I have                    Commerce for Standards and Tech-
                                                 Well, what is holding us back? Why                                                                           nology at the Department of Commerce
                                               won’t Biden nominate somebody for                       talked to him, and he has never ever
                                                                                                       said a word about the Uighurs, about                   and—this is a double-headed position—
                                               this job?                                                                                                      as the Director of the National Insti-
                                                 Well, it turns out he did, a man                      the Tibetans, about what happened in
                                                                                                       Hong Kong, about stealing American                     tute of Standards and Technology.
                                               named Nicholas Burns.
                                                                                                       technology. He has never done any of                     As of today, we have 156 pending
                                                 Well, we all know him. He has a long
                                                                                                       those things. So I don’t know how it is                nominations on the executive calendar.
                                               record of diplomacy in Foreign Serv-
                                               ice—service in Russia and other places.                                                                        These include Ambassadorial nomina-
                                                                                                       going to help us.
                                               He is a key man in the State Depart-                      I object to the modification, but I                  tions to important countries like
                                               ment and one that we can rely on. And                   hope my colleague will agree that the                  China, Japan, and others all around the
                                               he should be in Beijing fighting for the                                                                       world. It is harming our national secu-
                                                                                                       resolution itself is worth it to go for-
                                               causes that you and I agree on today.                                                                          rity. We should be moving forward with
                                                                                                       ward and just do it by themselves, and,
                                                 What can possibly be holding him up?                                                                         them urgently. Then there are a whole
                                                                                                       over time, we will have a vote on Nick
                                               We need him there.                                                                                             number of nominations that relate to
                                                                                                       Burns.
                                                 Well, it turns out he is being held up                                                                       very important U.S. domestic Agen-
                                                                                                         The PRESIDING OFFICER. Objec-
                                               by that side of the aisle objecting to                                                                         cies, and one of them is this appoint-
                                                                                                       tion is heard to the modification.
                                               his being called.                                                                                              ment at the National Institute of
                                                                                                         Is there an objection to the original
                                                 Well, we have a chance to resolve                                                                            Standards and Technology.
                                                                                                       request?                                                 Look, many Americans are aware of
                                               that today. We can pass not only your                     Mr. DURBIN. Mr. President, time is
                                               resolution, but we can appoint Mr.                                                                             the NIH, the National Institutes of
                                                                                                       wasting. We need an Ambassador to                      Health. They know that that Institute
                                               Burns as the Ambassador to China and                    China.
                                               get it done and he could be on a plane                                                                         does very important medical research
                                                                                                         I am sorry, but I object.                            that helps save lives and that it devel-
                                               in the morning.                                           The PRESIDING OFFICER. Objec-
                                                 How about that? That would be an                                                                             ops treatments to help Americans and
                                                                                                       tion is heard.                                         others around the world. In fact, they
                                               amazing thing to accomplish. You take
                                                                                                         The Senator from Florida.                            have played a key role in the develop-
                                               that home to Florida, and I will take
                                                                                                         Mr. SCOTT of Florida. Mr. President,
                                               that home to Illinois. It is a good day’s                                                                      ment of the vaccines against COVID–19.
                                                                                                       this is pretty disappointing, all right?                 Less well-known but also very impor-
                                               work.
                                                 And so, to reach that end, I ask that                   My Democratic colleague said that                    tant is the National Institute of Stand-
                                               the pending request be modified as fol-                 he agreed with the resolution. I think                 ards and Technology, which plays a
                                               lows: Notwithstanding rule XXII, the                    it is time that we stand up for the Chi-               key role in supporting American eco-
                                               Senate proceed to the consideration of                  nese citizens who are being oppressed                  nomic competitiveness and supporting
                                               the following nomination: Calendar No.                  by Secretary Xi.                                       innovation for Americans and Amer-
                                               525, R. Nicholas Burns, of Massachu-                      What this resolution does is say that,               ican companies around the world. They
                                               setts, to be Ambassador of the United                   you know, we have got to stand up to                   also play an important role in the sup-
                                               States of America to People’s Republic                  all the oppression in China, that we                   ply chain effort of the United States.
                                               of China; that the nomination be con-                   have got to stand up for Peng Shuai.                   That, of course, has taken on added
                                               firmed, the motion to reconsider be                     The resolution says, you know, as for                  significance in recent months as we ex-
                                               considered made and laid upon the                       the athletes who are going over there,                 perience bottlenecks.
                                               table with no intervening action or de-                 we have your backs. Yet, if you look at                  So we are only hurting ourselves, and
                                               bate; that no further motions be in                     what is happening now, the Democrats                   we are only hurting our country by re-
                                               order to the nomination; that the                       are saying: We are not going to do                     fusing to allow this body to move for-
                                               President be immediately notified of                    those things.                                          ward on a vote on her nomination. We
                                               the Senate’s action; and then, as if in                   I don’t think that is right. I don’t be-             are essentially saying to this very im-
                                               legislative session, the Senate proceed                 lieve our platform in the Senate should                portant institute, this important gov-
                                               to the immediate consideration of your                  be that we don’t stand for alleged vic-                ernment entity: We are not going to
                                               resolution, S. Res. 474, submitted ear-                 tims of sexual assault. I think, by not                vote on your leader. So it is time to
                                                                                                       having this resolution approved today




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                                               lier today; that the resolution be                                                                             move forward on this.
                                               agreed to, the preamble be agreed to,                   and having the Democrats block it,                       Now, I want to talk a little bit about
                                               and the motions to reconsider be con-                   that that is exactly what we are say-                  why Dr. Locascio is an exceptional
                                               sidered made and laid upon the table                    ing.                                                   choice for this role. It is not only be-
                                               without intervening action or debate.                     So it is pretty disappointing. This                  cause she hails from the great State of
                                                 What an amazing bipartisan achieve-                   was a basic resolution that said that                  Maryland; it is not only because she is
                                               ment that we can put together in just                   we were going to stand up for Peng                     a graduate of the University of Mary-
                                               a few minutes here.                                     Shuai. I am very appreciative of what                  land, Baltimore and that she has been



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                                               December 8, 2021                                  CONGRESSIONAL RECORD — SENATE                                                                S9019
                                               a leader of the University of Mary-                     consider the following nomination: Ex-                   Moreover, responding to these issues,
                                               land’s research endeavors since 2017;                   ecutive Calendar No. 551, Department                   if we are really serious about address-
                                               but it is also—and most importantly—                    of Commerce, Laurie E. Locascio, of                    ing our supply chain issues, how does it
                                               because she brings to this position                     Maryland, to be Under Secretary of                     help to deny us the opportunity to vote
                                               three decades of experience in working                  Commerce for Standards and Tech-                       and put in place the Director of an
                                               at all levels at NIST, the institute to                 nology; that the nomination be con-                    Agency that is supposed to help relieve
                                               which she has been nominated to lead.                   firmed; that the motion to reconsider                  the supply chain bottlenecks?
                                                 She began her time at the Agency as                   be considered made and laid upon the                     I know the Senator from Florida had
                                               a research staffer and rose to become                   table with no intervening action or de-                to leave, but it is a very simple ques-
                                               the Acting Principal Deputy Director                    bate; that no further motions be in                    tion. If there is a genuine interest in
                                               and Associate Director for Laboratory                   order on the nomination; and that the                  addressing supply chain bottlenecks
                                               Programs. She was responsible for di-                   President be immediately notified of                   and addressing the cost pressures, how
                                               recting the Material Measurement                        the Senate’s action.                                   does denying NIST a leader help ad-
                                               Laboratory, which is one of NIST’s                        The PRESIDING OFFICER. Is there                      vance that agenda? Clearly, it does not.
                                               largest laboratories. She also has very                 objection?                                             Clearly, this is harming the U.S. mar-
                                               intimate knowledge of NIST from her                       The Senator from Florida.                            kets at this important time. Clearly, it
                                               other years of experience there, and                      Mr. SCOTT of Florida. Mr. President,                 is harming our supply chain efforts.
                                               she has really touched upon every area                  reserving the right to object.                         Clearly, it is harming U.S. competi-
                                               of endeavor within the NIST portfolio.                    First, I want to acknowledge my col-
                                                                                                                                                              tiveness.
                                                 As I indicated, this appointment                      league’s interest in the nominee for the                 So I urge my colleagues to move for-
                                               would be important at any time, but it                  National Institute of Standards and                    ward on this nomination. Apparently
                                               is especially important at this moment                  Technology.                                            not today because of the objection, but
                                                                                                         I am not sure if my colleague is
                                               as we grapple with supply chain issues                                                                         let’s get it done before the end of this
                                                                                                       aware, but, last month, I sent a letter
                                               and as we try to bolster U.S. manufac-                                                                         year.
                                                                                                       to the Commerce Committee, inform-
                                               turing and try to make sure that we                                                                              I am not going to ask for a quorum
                                                                                                       ing them that I would be holding all
                                               manufacture here, in the United                                                                                call. Thank you. That is it.
                                                                                                       Department of Transportation and De-                     The PRESIDING OFFICER. The Sen-
                                               States, essential products that we
                                                                                                       partment of Commerce nominees until                    ator from Wisconsin.
                                               need.
                                                                                                       the committee hears testimony from
                                                 This body, in addition to focusing on                                                                                      VACCINE MANDATE
                                                                                                       Secretary Raimondo and Secretary
                                               the manufacturing side of the ledger,                                                                            Mr. JOHNSON. Mr. President, I come
                                                                                                       Buttigieg about the supply chain crisis.
                                               also understands the importance of in-                    Right now, there are nearly 100 ships                to the floor of the Senate today to
                                               vestment in vital research and mate-                    waiting to dock in California ports to                 make a few points and ask a few ques-
                                               rials science, in things like quantum                   unload their goods, but they are unable                tions.
                                               computing and artificial intelligence.                  to do so because of President Biden’s                    First of all, can we all acknowledge
                                               We passed, with an overwhelming bi-                     supply chain crisis. Christmas is just a               that there is so much that we do not
                                               partisan vote of 68 to 32, the U.S. Inno-               couple of weeks away, and families and                 know about the coronavirus, about
                                               vation and Competition Act, and NIST                    businesses are facing empty shelves,                   COVID, the disease, or about the
                                               has very important responsibilities in                  shortages on goods, and higher prices.                 COVID vaccines? Our response to
                                               those areas. What NIST does there is                    So far, as far as I can tell, I have only              COVID, as a result, has been a reaction
                                               very important in our maintaining and                   seen Secretary Buttigieg and Secretary                 to very imperfect information.
                                               sharpening our position in the world,                                                                            So, very early in the pandemic, I
                                                                                                       Raimondo play TV commentator rath-
                                               especially as we address the growing                                                                           gave those individuals in a position to
                                                                                                       er than actually go out to California
                                               challenge of China.                                                                                            have to make very tough decisions
                                                                                                       and solve the problems.
                                                 I also want to mention the Manufac-                     It is long past time for the Biden ad-               with imperfect information a great
                                               turing Extension Partnership that is                    ministration to tell us exactly what                   deal of latitude in making those tough
                                               run out of NIST, which plays a very                     they are doing to solve this crisis and                calls, but over the course of the
                                               important role right now as we work to                  help American families. Until we hear                  months, we have learned a lot.
                                               fight these supply chain blockages and                  from Secretary Buttigieg and Sec-                        We have always been told to follow
                                               also accelerate the production of per-                  retary Raimondo in the Commerce                        the science, but it sure seems our
                                               sonal protective equipment—N95 masks                    Committee, I will be objecting to all                  healthcare Agencies—as I refer to
                                               and ventilators. That push was fueled,                  Commerce and Transportation nomi-                      them, the COVID gods; the Dr. Faucis
                                               largely, by the $50 million that this                   nees going through an expedited proc-                  of the world, the Agency heads, the
                                               body helped to appropriate for the MEP                  ess here in the Senate.                                Biden administration, the mainstream
                                               program in the CARES Act. Again,                          This isn’t personal. It is about ac-                 media, and social media—have never
                                               that is a program housed in NIST that                   countability. I look forward to hearing                allowed second opinions. There has
                                               is helping to deal with supply chain                    from Secretary Raimondo and Sec-                       been one narrative, and they simply
                                               bottlenecks when it comes to essential                  retary Buttigieg and then going for-                   have not been willing to consider alter-
                                               protections from the pandemic.                          ward with these nominees.                              native measures.
                                                 So there is no justification for block-                 Therefore, Mr. President, I object.                    So a question I think we should all be
                                               ing this nomination. In fact, all we are                  The PRESIDING OFFICER. Objec-                        asking ourselves is, Does that response
                                               doing is tying our hands behind our                     tion is heard.                                         work? Over 780,000 Americans have lost
                                               backs by depriving this important in-                     The Senator from Maryland.                           their lives. The human toll of the eco-
                                               stitute of their top leader at a time                     Mr. VAN HOLLEN. Mr. President, I                     nomic devastation of the shutdowns,
                                               when we face national challenges on                     would just ask my colleague, in the                    the year of lost learning for our chil-
                                               supply chain issues and at a time when                  coming days, before the end of the                     dren, the psychological harm to our
                                               we understand we have got to be at the                  year, to reconsider his position.                      children, the record overdose deaths,
                                               top of our game when it comes to inno-                    He is a member of the Commerce                       the increase in suicides—I don’t know
                                               vation and cutting-edge technologies                    Committee, and he knows well that                      how you can take a look at America’s
                                               in so many areas where it is essential                  there have been three hearings on sup-                 death rate—the last time I looked, it
                                               to meet the challenge of China and oth-                 ply chain issues, one on May 11 regard-                was a couple weeks old; about 220 per
                                               ers around the world in global competi-                 ing ‘‘Freight Mobility: Strengthening                  100,000 population. By the way, Sweden




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                                               tion. So I would really urge my col-                    America’s Supply’’; on July 15, ‘‘Imple-               was at 145 per 100,000 a couple of weeks
                                               leagues to allow this nomination to                     menting Supply Chain Resiliency’’; and                 ago. I don’t see how anybody can take
                                               proceed. It is the right thing to do for                on December 7, ‘‘Unchartered Waters:                   a look at the response imposed in our
                                               our country.                                            Challenges Posed by Ocean Shipping                     country by the COVID gods and say it
                                                 Mr. President, at this point in time,                 Supply Chains,’’ where the committee                   was a success.
                                               I ask unanimous consent that, not-                      discussed a whole range of supply chain                  So acknowledging the fact that there
                                               withstanding rule XXII, the Senate                      issues.                                                is still so much we don’t know, I would



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