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Congressional Record, Senate, March 3, 2022 — Postal Service Reform Act of 2022

Summary

Senate proceedings from the Congressional Record for Thursday, March 3, 2022, Volume 168, No. 39. The Senate met at 10 a.m. with Mr. Leahy as President pro tempore and a prayer by Chaplain Dr. Barry C. Black, and resumed consideration of H.R. 3076 under the heading Postal Service Reform Act of 2022. A speaker says the White House has requested $22.5 billion in additional COVID relief funding in upcoming spending legislation. Another speaker says President Biden's agenda would force Americans to rely more on foreign sources of oil and natural gas, which is that speaker's characterization.

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“Congressional Record, Senate, March 3, 2022 — Postal Service Reform Act of 2022.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-03-03-crec-2022-03-03-pt1-pgs961-6-9462ccbe9b/, SHA-256 5eabd9108690d569613782b2a7673f8c52cfc4b4d023ea7b3da42f0b92c6c91d.

Full text

                                                                                              Congressional Record
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                                                                                                                                                                    117 th CONGRESS, SECOND SESSION
                                               United States
                                                of America                                     PROCEEDINGS AND DEBATES OF THE


                                             Vol. 168                                                       WASHINGTON, THURSDAY, MARCH 3, 2022                                                                    No. 39


                                                                                                                                      Senate
                                               The Senate met at 10 a.m. and was                                                    LEGISLATIVE SESSION                           we have made, or we risk backsliding if
                                             called to order by the President pro                                                                                                 another contagious variant emerges in
                                             tempore (Mr. LEAHY).                                                                                                                 the fall and winter. Just as we cannot
                                                                                                                          POSTAL SERVICE REFORM ACT OF                            allow COVID to rule our lives, neither
                                                                                      f                                                2022—Resumed                               can we fall into a false sense of compla-
                                                                                                                            The PRESIDENT pro tempore. Under                      cency.
                                                             PRAYER                                                       the previous order, the Senate will re-                   That is why the White House has re-
                                               The Chaplain, Dr. Barry C. Black, of-                                      sume consideration of H.R. 3076, which                  quested that Congress include $22.5 bil-
                                             fered the following prayer:                                                  the clerk will report.                                  lion in additional COVID relief funding
                                                                                                                            The senior assistant legislative clerk                in the upcoming spending bill, and Con-
                                               Let us pray.
                                                                                                                          read as follows:                                        gress should follow through with this
                                               Eternal God, we have enemies. Many
                                                                                                                            A bill (H.R. 3076) to provide stability to            request over the coming days. If not,
                                             strive to stop the march of freedom.                                         and enhance the services of the United
                                             Use our lawmakers to accomplish Your                                                                                                 we risk sliding back if another variant
                                                                                                                          States Postal Service, and for other pur-
                                             will on Earth. Give them the wisdom to                                                                                               occurs.
                                                                                                                          poses.
                                             trust Your precepts and depend upon                                                                                                    This morning on CNBC, former FDA
                                                                                                                               Pending:                                           Commissioner Scott Gottlieb reminded
                                             Your guidance. Lord, judge our desires                                         Schumer (for Peters) amendment No. 4955,
                                             and thoughts, as You strengthen us                                                                                                   viewers of the key aspect of this dis-
                                                                                                                          to modify the deadline for the initial report
                                             with Your constant love. Thank You                                                                                                   ease. To paraphrase him loosely, cases
                                                                                                                          on the operations and financial condition of
                                             for the way You have helped us                                               the United States Postal Service.                       can drop in the spring and summer, but
                                             throughout our history. Spare us from                                                                                                the risk still exists for another wave to
                                                                                                                            The PRESIDING OFFICER (Mr.
                                             the fate of those who do evil and sus-                                                                                               surge in the fall or winter. He is right.
                                                                                                                          OSSOFF). The Senator from Vermont.
                                             tain us with Your prevailing mercies.                                          Mr. LEAHY. Mr. President, I suggest                   We all know this from sad experience.
                                             Guard those who place their hope in                                          the absence of a quorum.                                  We also know what we must do to be
                                             You and keep them safe, enabling them                                          The PRESIDING OFFICER. The                            ready. We know a lot more now what
                                             to tell of Your wonderful deeds to fu-                                       clerk will call the roll.                               to do to be ready than we knew a year
                                             ture generations.                                                              The senior assistant legislative clerk                ago. If we want to keep our schools
                                               We pray in Your great Name. Amen.                                          proceeded to call the roll.                             open, if we want to keep life as close to
                                                                                                                            Mr. SCHUMER. Mr. President, I ask                     normal as possible, if we want to be
                                                                                      f                                   unanimous consent that the order for                    ready for the possibilities of future
                                                                                                                          the quorum call be rescinded.                           variants, Congress must provide the re-
                                                  PLEDGE OF ALLEGIANCE                                                      The PRESIDING OFFICER. Without                        sources needed before a new variant ar-
                                                                                                                          objection, it is so ordered.                            rives. That is the surest way to mini-
                                               The President pro tempore led the                                                RECOGNITION OF THE MAJORITY LEADER                mize     cases,   hospitalizations,  and
                                             Pledge of Allegiance, as follows:                                                 The majority leader is recognized.                 deaths in the future.
                                               I pledge allegiance to the Flag of the                                                         CORONAVIRUS                           Let me repeat. To keep schools open,
                                             United States of America, and to the Repub-                                                                                          to keep life as normal as it can be, we
                                             lic for which it stands, one nation under God,
                                                                                                                            Mr. SCHUMER. Mr. President, as
                                                                                                                          spring begins, daily new cases of                       need additional COVID investments
                                             indivisible, with liberty and justice for all.
                                                                                                                          COVID–19 have dramatically decreased                    now, not after a possible new variant
                                                                                      f                                   since the height of Omicron. Hos-                       arrives.
                                                                                                                          pitalizations, thank God, have steadily                   Remember, by now, all public health
                                               RESERVATION OF LEADER TIME                                                 declined. Across the country, Ameri-                    funding provided by the American Res-
                                                                                                                          cans are able to remove their masks as                  cue Plan has run out. If Congress waits
                                               The PRESIDENT pro tempore. Under                                                                                                   until a new variant arises to pass new
                                                                                                                          the spread of disease seems to be less-
                                             the previous order, the leadership time                                                                                              funding, it will be too late.
                                                                                                                          ening. Crucially, schools are open, and
                                             is reserved.                                                                                                                           And we are happy to make clear with
                                                                                                                          we need to do everything we can in our
                                                                                                                          power to make sure they stay open.                      our Republican colleagues about how
                                                                                      f
                                                                                                                            All of these signs point in a positive                this money is dedicated. The White
                                                                                                                          direction. The country is turning the                   House has already provided an expla-
                                                  CONCLUSION OF MORNING                                                   corner on the COVID pandemic. We are                    nation about how COVID money has
                                                            BUSINESS                                                      in a new moment of the fight.                           been spent over time. Some Repub-
                                               The PRESIDENT pro tempore. Morn-                                             But we also are at a crossroads. Ei-                  licans may think it should have been
                                             ing business is closed.                                                      ther we act now to secure the progress                  spent differently, but the point is that




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                                             S962                                              CONGRESSIONAL RECORD — SENATE                                                          March 3, 2022
                                             it has been spent. We can’t pull those                  asked to pay more, but many mega cor-                     ENDING FORCED ARBITRATION OF SEXUAL
                                             dollars back, and we need to provide                    porations are making a killing. That is                ASSAULT AND SEXUAL HARASSMENT ACT OF 2021
                                             new funding for possible variants.                      a twisted thing to see as we recover                     Mr. President, finally, I want to close
                                               Where has the COVID money been                        from COVID.                                            by noting, this afternoon, President
                                             spent thus far? It has gone to vaccinate                  Democrats are working right now on                   Biden will sign into law bipartisan leg-
                                             215 million Americans. It has been used                 a number of proposals and ideas that                   islation ending forced arbitration for
                                             to keep schools open, to expand treat-                  would ease the pressure Americans are                  sexual assault and sexual harassment.
                                             ment, and to provide 1.2 billion vac-                   feeling from rising costs. We must                       All of us have heard the searing testi-
                                             cines to other countries.                               lower the cost of insulin to $35 a                     monies—searing—of those who have
                                               Last night, Acting OMB Director                       month. We must make all prescription                   faced harassment or abuse at work,
                                             Shalanda Young sent Congress a 12-                      drugs cheaper. We need to help make                    only to discover their jobs offered pre-
                                             page letter detailing what the new                      groceries more affordable. We need to                  cious little in accountability. Count-
                                             funding would do: more vaccines for                     look at fixing ocean shipping bottle-                  less careers have been derailed or un-
                                             children, bolstering our testing supply                 necks.                                                 done. Worse still, countless lives have
                                             chain, therapeutics, and more.                                                                                 been forever damaged. For decades,
                                                                                                       I will also add that one of the best
                                               If there is one thing both parties                                                                           workplace practices like mandatory ar-
                                                                                                     things we can do to fight inflation is to
                                             should be able to agree on it is that we                                                                       bitration have perpetuated cultures of
                                                                                                     confirm President Biden’s nominees to
                                             should not shortchange the American                                                                            abuse and unaccountability.
                                                                                                     the Federal Reserve. I urge in the
                                             people on vaccines, on testing, or on                                                                            We can’t ignore a basic reality of
                                                                                                     strongest terms possible for Repub-
                                             therapeutic medicines that greatly re-                                                                         these clauses: They deprive victims of
                                                                                                     licans to drop their holds on these
                                             duce the severity of the illness if you                                                                        sexual harassment and assault of their
                                                                                                     members. The Federal Reserve is so
                                             are able to take them and if we have                                                                           basic rights by mandating that they
                                                                                                     crucial for our economy right now, and
                                             the supply.                                                                                                    seek remedy only behind the closed
                                                                                                     to intentionally delay their confirma-
                                               Again, Congress must include new                                                                             doors of private arbitration, with no
                                                                                                     tions is irresponsible.
                                             funding for COVID relief to ensure our                                                                         other alternative. With the President’s
                                             schools and our communities face                          Most importantly, we must boost                      signature today, that will come to an
                                             minimal disruption in case another                      manufacturing, American manufac-                       end.
                                             variant comes, and we should do it                      turing, and decrease our reliance on                     I want to thank Senator GILLIBRAND
                                             ASAP. The most logical place imme-                      overseas producers. The war provoked                   for leading the fight for years, and I am
                                             diately to do it is in the upcoming om-                 by Putin is an illustration as to why                  glad I was able to work with Senators
                                             nibus bill.                                             this example is important.                             GRAHAM and ERNST to push this bill
                                                                 INFLATION                             President Biden’s State of the Union                 over the finish line.
                                               Mr. President, on another matter, on                  made clear that the United States re-                    By the end of today, we will be able
                                             costs to the American people, in the                    mains strong and ready to face the im-                 to say: The Senate acted; the House
                                             coming months and beyond, Senate                        mense challenges of our time, but to                   acted; the President acted; and now
                                             Democrats will maintain a focus on                      maintain that edge, we must focus like                 forced arbitration reform is law.
                                             one of the most vexing issues facing                    a laser on addressing costs. That is                     I yield the floor.
                                             American families: lowering costs                       what Democrats will keep doing.                          I suggest the absence of a quorum.
                                             while building on the wage and job                        Another thing we are doing today,                      The PRESIDING OFFICER. The
                                             growth we have seen over the past                       that is happening today, is a hearing in               clerk will call the roll.
                                             year.                                                   the Commerce Committee on shipping                       The senior assistant legislative clerk
                                               The American economy is booming                       costs and a bipartisan bill by Senators                proceeded to call the roll.
                                             compared to a year ago. The number of                   KLOBUCHAR and THUNE that will help                       Mr. MCCONNELL. Mr. President, I
                                             new jobs added to the economy is stag-                  reduce those costs. Shipping costs af-                 ask unanimous consent that the order
                                             gering. We have added more than 6 mil-                  fect every American. Any good that                     for the quorum call be rescinded.
                                             lion new jobs in a single year, includ-                 comes from overseas has to be shipped                    The PRESIDING OFFICER. Without
                                             ing the most—the most—new manufac-                      here.                                                  objection, it is so ordered.
                                             turing jobs in decades, but at the same                                                                               RECOGNITION OF THE MINORITY LEADER
                                                                                                                           H.R. 3076
                                             time, we must fiercely confront the                                                                              The Republican leader is recognized.
                                                                                                        Mr. President, on the post office,
                                             wave of rising costs resulting from                     Democrats have been working all week
                                                                                                                                                               NOMINATION OF KETANJI BROWN JACKSON
                                             COVID’s worldwide disruptions. This is                                                                           Mr. MCCONNELL. Mr. President, yes-
                                                                                                     with Republicans to push the biggest
                                             the biggest economic challenge that                                                                            terday morning, I hosted Judge Ketanji
                                                                                                     postal reform bill in years over the fin-
                                             our country must focus on right now.                                                                           Brown Jackson, the President’s nomi-
                                                                                                     ish line, and, today, we are close.
                                               Later today, at our DPCC lunch, at                                                                           nee to replace Justice Breyer on the
                                                                                                     Today, we continue negotiations with
                                             the request of Chair STABENOW, FTC                                                                             Supreme Court, in my office. I was glad
                                                                                                     the other side on their proposed list of
                                             Commissioner Lina Khan will join us                                                                            to meet with Judge Jackson. We en-
                                                                                                     amendments to the bill.
                                             to shine a light on the troubling pat-                                                                         joyed a cordial discussion.
                                             tern of corporate price hikes in the                       As we continue to work on a deal, I                   Like I have been saying, Republicans
                                             areas of oil and gas, prescription drugs,               filed cloture last night on the postal                 fundamentally believe the nominee,
                                             and other goods.                                        bill in order to keep the momentum                     the Court, and the country all deserve
                                               This dimension of inflation cannot be                 going. At the end of the day, the vast                 better than the disgraceful displays
                                             ignored. Americans are being asked to                   majority of Democrats and Repub-                       that Senate Democrats have routinely
                                             pay more at the grocery store, at the                   licans wants to see this bill sent to the              visited on nominees of Republican
                                             pump, and for basic goods even as they                  President’s desk quickly, so I hope we                 Presidents.    The   Senate’s    process
                                             watch incredulously as some of the Na-                  can arrive at an agreement to finish                   should be dignified, but it also must be
                                             tion’s biggest corporations post their                  before the weekend.                                    vigorous, exhaustive, and painstaking.
                                             most massive profits.                                      I want to thank my colleagues on                    We are talking about a lifetime ap-
                                               In many instances, these profits re-                  both sides of the aisle for their contin-              pointment to our Nation’s highest
                                             soundingly exceed prepandemic figures.                  ued work, especially Chairman PETERS                   Court.
                                             Last fall, Bloomberg noted that U.S.                    and Ranking Member PORTMAN.                              This is a moment when issues relat-
                                             corporations outside of the financial                      This postal reform bill has been a                  ing to the law and the judiciary are di-
                                             industry reported the biggest margins                   long time coming, and when passed, it                  rectly hitting American families, from




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                                             since 1950—since 1950—711⁄2 years ago. It               will ensure that tens of millions of                   skyrocketing murders and carjackings,
                                             appears corporate profits are far out-                  Americans who rely on the post office                  to soft-on-crime prosecutors’ effec-
                                             pacing inflation, and they are spending                 every single day for medicines, Social                 tively repealing laws, to open borders.
                                             much of the profits on things like cor-                 Security checks, and other goods can                   This is also a moment when the far left
                                             porate buybacks, which are hitting                      make sure that the post office remains                 has declared open season on the very
                                             record levels. So Americans are being                   in good hands and is strengthened.                     concept of judicial independence itself.



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                                             March 3, 2022                                     CONGRESSIONAL RECORD — SENATE                                                                  S963
                                             President Biden even bowed to the                       powerful personal protection against                   disruptions to international supply
                                             radicals and set up a Court-packing                     hospitalization and death, but they do                 chains that result in rising prices, and
                                             Commission.                                             not prevent people catching or trans-                  now the economic shocks caused by
                                               Now, Justice Breyer has distin-                       mitting the current variant. There is                  Putin’s aggression, his invasion of
                                             guished himself by loudly and proudly                   no moral justification for sweeping                    Ukraine and the response by the
                                             putting those radicals in their place.                  mandates. The benefits accrue to the                   West—a united effort to impose sanc-
                                             He has consistently denounced the con-                  person who gets the shot.                              tions on Russia, which will also have
                                             cept of partisan Court packing and de-                     What is more, the CDC’s own re-                     consequences for the global economy.
                                             fended the Court’s legitimacy.                          search says that prior infection pro-                     The Federal Reserve exists, in part,
                                               One would hope his successor would                    vides protection that is at least as                   to address issues just like these. The
                                             follow suit, but curiously the same                     strong as the vaccines. But the Presi-                 Fed doesn’t just set interest rates and
                                             radicals who want to turn Democrats                     dent’s overreaching mandate ignores                    control our money supply; it oversees
                                             into the party of Court packing also                    that. His policy unscientifically dis-                 banks, ensures efficient and reliable
                                             badly wanted Judge Jackson for this                     criminated against people who have                     payments, promotes consumer protec-
                                             vacancy. It is a matter of record that                  immunity from prior infection. They                    tion and community development.
                                             this nominee was the anointed favorite                  had to comply anyway or lose their                        When our economy is facing such
                                             of these fringe groups. At this time last               job.                                                   foundational challenges like the ones
                                             year, they were already spending dark                      The President tried to force such a                 we are up against right now, it is cru-
                                             money to raise her profile.                             mandate on all kinds of workers across                 cial our institutions are at full
                                               So I intend to explore why groups                     America. The courts slapped that down                  strength.
                                             that are waging political war against                   easily. But his mandate targeting                         The Fed is at its strongest with a full
                                             the Court as an institution decided                     healthcare workers remains in effect.                  Board of Governors, and President
                                             Judge Jackson was their special favor-                     It is unfair on a personal level, but               Biden has nominated five of the finest
                                             ite.                                                    even just looking at public health, it is              economic and legal minds our country
                                               Like I said, I enjoyed meeting the                    terrible policy for rural America. We                  has to fill its vacancies: Jerome Pow-
                                             judge. She is clearly a sharp lawyer                    cannot have President Biden mass fir-                  ell, to serve as chair; and Lael
                                             with an impressive resume, but when it                  ing doctors and nurses when hospitals                  Brainard, to serve as Vice Chair—both
                                             comes to the Supreme Court, a core                      are already short-staffed.                             folks who have ably guided our econ-
                                             qualification is judicial philosophy.                      One hospital leader in Marshall                     omy in the years they have served at
                                             Our citizens need Justices who treat all                County, KY, told me that ‘‘this is an                  the Fed; Sarah Bloom Raskin, whom I
                                             parties fairly, apply our laws and Con-                 absolute disaster. We are a small crit-                know from college, has been nominated
                                             stitution as written, and leave legis-                  ical access hospital with 250 employees.               to serve as Vice Chair for Supervision
                                             lating to us here in Congress.                          . . . We have begun assessing areas                    and has demonstrated through a long
                                               I raised all these matters yesterday.                 that may have to be [literally] shut                   career in public service at both the
                                             I look forward to gaining more clarity                  down.’’                                                State and Federal level to be a highly
                                             about Judge Jackson’s positions during                     A head of a hospital in Calloway                    competent regulator who has advanced
                                             the vigorous and thorough Senate proc-                  County told me that ‘‘I can afford to                  the financial system that would work
                                             ess to come.                                            lose not one more nurse.’’ He said the                 for all Americans; Philip Jefferson,
                                               (Ms. ROSEN assumed the Chair.)                        Biden mandate ‘‘makes no sense’’—no                    nominated to serve as a Board Gov-
                                                                  VACCINES                           sense—‘‘for rural healthcare.’’                        ernor, has deep expertise in how mone-
                                               Madam President, now on another                          The head of a critical access hospital              tary policy impacts employment and
                                             matter, our Nation faces serious chal-                  in Hardinsburg says that ‘‘the mandate                 economic growth and an important un-
                                             lenges to our citizens’ health and                      is devastating for Kentucky hospitals.’’               derstanding of inequality and poverty
                                             wellness. COVID–19 has been one of                         Clearly, many of my colleagues are                  in America today; last, my good friend,
                                             them. Abuse of illegal drugs and pre-                   hearing similar things. Yesterday, over                Lisa Cook, whom I have known for dec-
                                             scription pills is another. Heart dis-                  the objections of every Senate Demo-                   ades. We knew each other as young
                                             ease, cancer, and diabetes are ever                     crat who voted, Republicans stood up                   Truman Scholars, folks who were vol-
                                             present. Many of these health crises hit                for Americans’ right and Americans’                    unteering a week of our time to help
                                             Middle America especially hard and                      healthcare access. We passed a resolu-                 mentor and encourage younger Truman
                                             specifically rural America.                             tion to overturn President Biden’s                     Scholars—a federally funded memorial
                                               Data show that rural Americans are                    mandate that would drain doctors and                   to President Harry Truman.
                                             disproportionately likelier to die from                 nurses out of middle America.                             I have known her since a stage in her
                                             a number of potentially preventable                        If Washington Democrats could safe-                 life where neither one of us might have
                                             causes. That is why I have been focused                 ly hobnob in the Capitol all Tuesday                   guessed that someday I would be on
                                             on expanding local treatment centers                    evening with no masks, then they                       this floor speaking as a Senator, and I
                                             and telehealth and fighting the drug                    ought to stop pushing mass firings on                  would be speaking in support of her
                                             epidemic tooth and nail.                                essential health workers.                              nomination to the Federal Reserve.
                                               Last week, I hosted Dr. Rahul Gupta,                     Unfortunately, if we know anything                     She would bring a valuable new per-
                                             the administration’s drug czar, in Ken-                 about this Democratic House, this                      spective to the Fed Board. Lisa, from
                                             tucky. Opioid abuse is a staggering                     commonsense measure may well die on                    her time growing up in a small rural
                                             problem in our State and throughout                     Speaker PELOSI’s desk.                                 town in Georgia, going on to earn ad-
                                             the country. Last year, even during                        I sincerely hope our colleagues across              vanced degrees from our Nation’s finest
                                             COVID, fentanyl abuse alone was the                     the Capitol will see reason and pass                   institutions, and now as a teacher at
                                             biggest cause of death among Ameri-                     this bill.                                             one of our great public universities, she
                                             cans aged 18 to 45. That is not even all                   The PRESIDING OFFICER. The Sen-                     has built world-class expertise in eco-
                                             drugs, just fentanyl alone.                             ator from Delaware.                                    nomics, innovation, and banking. She
                                               In short, this may literally be the                        FEDERAL RESERVE BOARD NOMINATIONS                 understands not just abstract economic
                                             worst time in American history to de-                     Mr. COONS. Madam President, since                    theory but how those theories impact
                                             liberately cut healthcare access in                     President Biden took office, we have                   Americans and their families in all
                                             rural America, but that is just what                    seen historic job growth and a dynamic                 walks of life.
                                             the Biden administration has done.                      economy. Wages are rising, and they                       Lisa served under President Obama
                                             President Biden told every thinly                       are rising fastest for working-class                   at the White House Council of Eco-




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                                             stretched doctor’s office and hospital                  Americans.                                             nomic Advisers, where she dealt with
                                             that accepts Medicare that they had to                    But despite this significant economic                financial crises both here in the United
                                             fire workers who didn’t want the                        progress, today, too many American                     States and abroad, and she has studied
                                             COVID vaccine.                                          families are still facing pressing eco-                the macroeconomics of foreign mar-
                                               Now, I have been a consistent advo-                   nomic challenges: a global pandemic                    kets in Europe and in Africa, including
                                             cate for getting vaccinated. They offer                 now entering its third year, ongoing                   the way central banks have dealt with



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                                             S964                                              CONGRESSIONAL RECORD — SENATE                                                      March 3, 2022
                                             high inflation—one of the issues right                  where she has honorably served for 8                   sion carried out by Putin’s Russia or
                                             before us.                                              years. She has issued over 500 opinions,               its competition with China or its deal-
                                               She has expertise in an emerging                      so we have a very clear idea of her ap-                ing with North Korea or its advancing
                                             area of the economy that is increas-                    proach to judging and her interpreta-                  our interest with respect to Iran and
                                             ingly important for our central bank                    tion of the law; and she brings great                  their proliferation—we have places all
                                             regulators to understand: digital cur-                  professional diversity of experience to                over the world for which we need quali-
                                             rencies and financial technology. She                   the Bench as well.                                     fied nominees.
                                             has supported sensible regulation of                      If confirmed, she will be the only Su-                 That is why, in a few moments, I
                                             cryptocurrencies that enables innova-                   preme Court Justice to have served as                  hope to take action on the floor; but I
                                             tion and allows more people to access                   a Federal public defender. That kind of                am not yet going to take that action
                                             secure and low-cost financial services.                 perspective on our highest Court is                    unless it is clear we are all prepared.
                                               Her data-driven approach would help                   critical. Her work as a public defender                  Let me briefly, in conclusion, if I
                                             the Fed navigate our continued eco-                     is just one example of the breadth of                  might, speak to some of the folks who
                                             nomic recovery, and her focus on finan-                 experience Judge Jackson will bring to                 should be confirmed.
                                             cial inclusion will be a critical perspec-              the U.S. Supreme Court.                                  The Ambassador to Botswana, How-
                                             tive on the Fed Board that would help                     She has also served as Vice Chair and                ard Van Vranken, career foreign serv-
                                             ensure all Americans can see the ben-                   Commissioner on the Sentencing Com-                    ice officer in a country I have visited,
                                             efit of continued economic growth and                   mission that interprets and applies                    a country that is an important partner
                                             job gains.                                              criminal law and as a lawyer in private                to allies in Southern Africa, and where
                                               Overall, these are five nominees to                   legal practice for some of our Nation’s                the absence of an ambassador means an
                                             the Fed Board with sterling credentials                 leading law firms. And, most impor-                    absence of American leadership.
                                             and strong character. All of them, on                   tantly, she clerked for the Justice for                  Eric Garcetti, mayor of Los Angeles,
                                             their merits, deserve the seats to which                whom she has been nominated as the                     ready to serve as our Ambassador to
                                             they have been nominated.                               successor, Justice Stephen Breyer.                     India, a country that is a continent-
                                               I respect the desire on the part of my                  Our President has promised to nomi-                  wide, multifaith, multilingual, multi-
                                             Republican colleagues to conduct a full                 nate someone in the mold of Justice                    ethnic democracy—a vital partner and
                                             evaluation of these nominees, and all                   Breyer; and Judge Jackson—in tem-                      ally to the United States where we cur-
                                             five of them have responded repeat-                     perament, in ability, and approach—                    rently have no ambassador.
                                             edly, fully, and with transparency to                   certainly fits that bill. It is my hope, it              Marcia Bernicat to be Director Gen-
                                             the hundreds of questions that have                     is my expectation, that this Senate and                eral of the Foreign Service. If we are to
                                             been pressed to them. They have an-                     the Senate Judiciary Committee will                    recruit, retain, motivate, and place the
                                             swered all the questions put to them.                   meet this historic moment by swiftly,                  greatest diplomats possible in the
                                               The time has come to advance and                      appropriately, and respectfully ques-                  world, we need a Director General—a
                                             confirm these nominees, and I call                      tioning this nominee in front of the                   DG—who leads the Foreign Service
                                             upon my Republican colleagues to                        Senate Judiciary Committee, bringing                   from a human resources perspective.
                                             allow a vote to proceed. To block a                     her to a vote on the committee, and                      Julieta Noyes to be Assistant Sec-
                                             vote in the Banking Committee of this                   then voting to confirm her nomination                  retary for Population, Refugees, and
                                             Senate by simply denying a quorum is                    here on the floor of the U.S. Senate.                  Migration. A million refugees have fled
                                             no way for this allegedly greatest de-                         EXECUTIVE CALENDAR NOMINATIONS                  the violence in Ukraine; and yet PRM
                                             liberative body in the world to conduct                   Madam President, if I might, the last                has no Senate-confirmed Assistant Sec-
                                             itself. If we are, in fact, facing the cri-             topic I come to speak to on this floor                 retary. Think about that as a derelic-
                                             sis of inflation and rising prices, the                 today is the critical need for us to be                tion of duty by this body.
                                             Federal Reserve Board must have its                     as attentive to the advice and consent                   Oren Whyche-Shaw to be Ambassador
                                             full membership.                                        role for nominees as ambassadors, as                   to the African Development Bank. If
                                               So my colleagues, please, stop block-                 senior members of the State Depart-                    we want to see inclusive development
                                             ing these capable and qualified nomi-                   ment, and USAID positions.                             on the continent of Africa, how can we
                                             nees and allow them to proceed.                           There are so many positions that                     have no ambassador for this multilat-
                                                NOMINATION OF KETANJI BROWN JACKSON                  have been held for months and months;                  eral development bank?
                                               Madam President, I serve on the Sen-                  and many of them are being held by my                    Enoh Ebong to be Director of the
                                             ate Judiciary Committee. And in my                      colleague from the State of Texas be-                  United States Trade and Development
                                             dozen years here, I have had the honor                  cause of a disagreement over sanc-                     Agency, the USTDA. TDA plays a crit-
                                             of participating in, and even presiding                 tioning the Nord Stream 2 pipeline.                    ical role in bringing into the United
                                             over, confirmation hearings for Federal                 Today, finally, we stand in a place                    States opportunities for trade and de-
                                             District Courts, Circuit Courts, and the                where the policy of this administra-                   velopment—again, a critical vacant
                                             Supreme Court.                                          tion, the policy of our close and valued               seat.
                                               We have before us now President                       ally in Europe, Germany, and the posi-                   Christopher Hill to serve as Ambas-
                                             Biden’s first nominee to our Nation’s                   tions of folks in the Senate are all                   sador to Serbia. There are develop-
                                             highest Court. Judge Ketanji Brown                      aligned. There are now sanctions on                    ments in the Balkans too complex and
                                             Jackson is an exceptionally well-quali-                 Nord Stream 2. It has been stopped.                    concerning for me to take this body’s
                                             fied jurist whose experience, whose cre-                  Thankfully, my colleague has lifted                  time with right now. But let me simply
                                             dentials, and whose evenhanded ap-                      his holds. Yet there still remain holds                say, any seat, any ambassadorial post
                                             proach to the administration of justice                 from other Members of this body on                     in the Balkans vacant is a missed op-
                                             make her an outstanding nominee for                     other nominees, all of them well-quali-                portunity for American leadership.
                                             the U.S. Supreme Court.                                 fied. Eight of them would serve under                    Laura Holgate to be Ambassador to
                                               This is an important step forward to-                 the jurisdiction of my Foreign Rela-                   the Vienna Office of the United Nations
                                             ward making our Supreme Court look                      tions Committee subcommittee on eco-                   and Representative to the IAEA. We
                                             more like and reflect more the diver-                   nomic and energy policy multilateral                   are engaged in critical final-stage ne-
                                             sity of people in our Nation and the di-                organizations.                                         gotiations, I am told, in Vienna about
                                             versity of experience of those who                        So while I respect the right of my                   whether or not we will be able to fur-
                                             serve in the bar.                                       colleagues on both sides of the aisle to               ther constrain and better understand
                                               Last year, Judge Jackson was con-                     hold a nominee for a specific, relevant                Iran’s dangerous conduct with regards
                                             firmed by this Senate on a bipartisan                   policy issue, we have to provide advice                to enrichment. We have no ambassador




ctelli on DSK11ZRN23PROD with SENATE
                                             basis to serve on the DC Circuit Court,                 and consent in a timely and respectful                 to the IAEA. Think about how irre-
                                             one of the most complex and signifi-                    manner of the President’s nominees.                    sponsible that is.
                                             cant of the circuit courts of the United                  President Biden has been President                     If I might, we cannot confront our
                                             States. Before that, she was unani-                     more than a year now. We have crises                   global challenges alone, and we need
                                             mously confirmed to the U.S. District                   all over the world—whether it is in                    these diplomats in place so we can suc-
                                             Court for the District of Columbia                      Ukraine, the violence and the aggres-                  cessfully address these threats from



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                                             March 3, 2022                                     CONGRESSIONAL RECORD — SENATE                                                                 S965
                                             Russia, climate change, COVID–19,                       is hostile to conventional sources of                  lem. It is a problem because the more
                                             from Iran, from terrorism.                              energy; namely, oil and natural gas.                   we rely on foreign sources of energy,
                                               It is my hope that my colleagues who                  When it comes to energy, he is focused                 the more vulnerable Americans are to
                                             have holds reportedly on many of these                  almost exclusively on alternative en-                  energy price spikes and to global short-
                                             nominees will relent, and I look for-                   ergy technology—specifically on elec-                  ages. It is a problem because relying on
                                             ward to continuing to press that case                   tric vehicles, which his administration                foreign sources of energy often means
                                             today.                                                  has clearly picked as its preferred win-               relying on energy from tyrannical gov-
                                               I yield the floor.                                    ner in the clean energy stakes.                        ernments in volatile areas of the world.
                                               I suggest the absence of a quorum.                      Now, I should say I am a longtime                      U.S. imports of Russian energy have
                                               The PRESIDING OFFICER. The                            supporter of clean energy. In South Da-                spiked during the Biden administra-
                                             clerk will call the roll.                               kota, we derive a significant amount of                tion, and the current conflict in
                                               The senior assistant legislative clerk                our energy from hydropower and wind.                   Ukraine is a reminder of just how big
                                             proceeded to call the roll.                             In fact, in 2020, 80 percent of our util-              of a problem that is. In the first place,
                                               Mr. THUNE. Mr. President, I ask                       ity-scale generation was renewal,                      the dollars we or other nations spend
                                             unanimous consent that the order for                    about half of that from hydro. I have                  importing energy from Russia are dol-
                                             the quorum call be rescinded.                           long championed cleaner burning re-                    lars Russia is free to use to prosecute
                                               The PRESIDING OFFICER (Mr.                            newable fuels like ethanol and bio-                    its unjustified invasion of Ukraine and
                                             BOOKER). Without objection, it is so or-                diesel.                                                any other country that it decides to at-
                                             dered.                                                    But the fact of the matter is, our Na-               tack. In the second place, when you
                                                              f                                      tion is not going to be fully                          rely on another country for your en-
                                             RELATING TO A NATIONAL EMER-                            transitioning to 100 percent zero-emis-                ergy needs, you end up beholden to
                                               GENCY      DECLARED         BY    THE                 sion energy anytime soon no matter                     that country.
                                               PRESIDENT ON MARCH 13, 2020                           how much the administration would                        Now, while we have imposed heavy
                                                                                                     like it to. There are a lot of hurdles to              sanctions on Russia, we have yet to di-
                                               The PRESIDING OFFICER. Under                          be crossed before we can rely solely on                rectly sanction Russia’s energy sector,
                                             the previous order, the Committee on                    clean energy. Consumers, first and                     and other countries have also held
                                             Finance is discharged from further con-                 foremost, need affordable and reliable                 back on sanctioning Russian energy.
                                             sideration of S.J. Res. 38, and the Sen-                energy supplies, especially consistent                 There is little question that this reluc-
                                             ate will proceed to the consideration of                baseload energy.                                       tance stems from both fears of price
                                             the joint resolution, which the clerk                     Clean energy technology has simply                   hikes as a result of sanctions and from
                                             will report.                                            not advanced to the point where it                     fears of lessening the availability of
                                               The senior assistant legislative clerk                needs to be in order for us to rely on                 Russian energy supplies.
                                             read as follows:                                        clean energy exclusively. We are going                   The truth is, we should be sanc-
                                               A joint resolution (S.J. Res. 38) relating to         to need an ‘‘all of the above’’ energy                 tioning Russia’s energy sector. Energy
                                             a national emergency declared by the Presi-             portfolio for a while yet, including oil               production is the lifeblood of the Rus-
                                             dent on March 13, 2020.
                                                                                                     and natural gas, and it is a disservice                sian economy, and sanctioning Russian
                                               The PRESIDING OFFICER. Under                          to the American people to pretend oth-                 energy would be one of the most effec-
                                             the previous order, there will be 3                     erwise.                                                tive ways of halting Putin’s imperial
                                             hours for debate only, with time equal-                   We should absolutely continue to in-                 ambitions.
                                             ly divided between the two leaders or                   vest in clean energy and pursue clean                    It is unfortunate that the President
                                             their designees.                                        energy technologies in a fiscally re-                  has not put our Nation on stronger
                                               The Republican whip.                                  sponsible manner, but we also have to                  footing energy-wise so that we could
                                                                   ENERGY                            ensure that our Nation has the oil and                 more easily weather these challenging
                                               Mr. THUNE. Mr. President, as of Jan-                  natural gas that it needs for our econ-                times. The only acceptable American
                                             uary, energy prices were up 27 percent                  omy to run and for Americans to be                     energy policy is an ‘‘all of the above’’
                                             across the board. Gas prices were up 40                 able to afford to heat their homes and                 energy policy that invests in both
                                             percent from a year ago. Natural gas                    to get where they need to go.                          clean energy technologies and conven-
                                             was up 24 percent. Fuel oil was up 46                     As I said, since taking office, Presi-               tional energy sources. That is the only
                                             percent.                                                dent Biden has pursued an agenda hos-                  way—the only way—to keep energy
                                               High energy prices have a huge im-                    tile—hostile—to conventional energy                    prices down and ensure America’s en-
                                             pact on our economy. Obviously, they                    production. He set the tone on his first               ergy needs are met no matter what is
                                             represent a significant, direct burden                  day in office when he canceled the Key-                going on in energy-producing countries
                                             on Americans trying to fill up their                    stone XL Pipeline—an environmentally                   around the globe.
                                             cars or pay the utility bills, but they                 responsible pipeline project that was                    Now, if the President really wants to
                                             also contribute to price hikes across                   already underway and that was to be                    lower energy prices for American fami-
                                             our economy. High gas prices and other                  paired with $1.7 billion in private in-                lies, as he indicated in his State of the
                                             energy costs contribute to price in-                    vestment in renewable energy to fully                  Union Address on Tuesday, he could re-
                                             creases on a whole host of other goods.                 offset its operating emissions. He also                verse his rejection of the Keystone XL
                                             Manufacturers facing higher transpor-                   almost immediately froze new oil and                   Pipeline, which would be a much wel-
                                             tation costs thanks to high gas prices,                 gas leases on Federal lands, sending a                 come recognition that liquid fuels will
                                             for example, are often forced to pass on                clear signal to oil and gas producers                  be part of our energy composition well
                                             at least some of those increased costs                  that his administration would be reluc-                into the future.
                                             to consumers in the form of price                       tant to work with them to increase                       He could fast-track environmentally
                                             hikes.                                                  American energy production.                            responsible domestic oil and gas pro-
                                               Now, while Democrats helped create                      He has continued along the same                      duction on Federal lands.
                                             our current inflation crisis with their                 lines ever since. He seems to think that                 He could work to overturn the Fed-
                                             so-called American Rescue Plan spend-                   he can hurry along the clean energy fu-                eral Energy Regulatory Commission
                                             ing spree last March, President Biden                   ture he dreams of by discouraging oil                  decision that will make it more dif-
                                             is not solely responsible for high en-                  and natural gas production here at                     ficult to get approval for natural gas
                                             ergy prices. He is responsible, however,                home, but he can’t. As I said, clean en-               pipelines.
                                             for the fact that he is pursuing an en-                 ergy sources are simply not at the                       He could ensure that the Department
                                             ergy agenda that is almost guaranteed                   point where they can solely power                      of the Interior releases new land for re-




ctelli on DSK11ZRN23PROD with SENATE
                                             not only to increase American energy                    American homes or our economy.                         sponsible oil and gas development—
                                             prices long term but also to increase                     The only effect of curbing conven-                   something the Department is required
                                             our reliance on foreign sources of en-                  tional energy production would be to                   to do quarterly by law.
                                             ergy.                                                   force Americans to rely more on for-                     He could encourage financial institu-
                                               Since the day he took office, Presi-                  eign sources of oil and natural gas, and               tions to invest in conventional energy
                                             dent Biden has pursued an agenda that                   that is a big problem. It is a big prob-               production and reinstate the January



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