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Congressional Record, Senate, March 8, 2022 — Postal Service Reform Act of 2022

Summary

Congressional Record, Senate, pages S1031 and S1032, March 8, 2022. A senator speaks in support of a bipartisan resolution to remove the procedural deadline for ratification of what the remarks call the 28th Amendment. Another senator marks the bicentennial birth of Harriet Tubman and the Harriet Tubman Underground Railroad Visitor Center in Maryland, and Boozman honors Sergeant Joshua Caudell of the Arkansas Department of Corrections. Under the heading Postal Service Reform Act of 2022—Continued, the Senate recessed from 12:19 p.m. until 2:15 p.m., and the bill was passed with yeas 78 and nays 19.

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“Congressional Record, Senate, March 8, 2022 — Postal Service Reform Act of 2022.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-03-08-crec-2022-03-08-pt1-pgs1031-2-9bcef950b3/, SHA-256 3684658c8d4392ae94d40c408ffe800e6ef7bc032a729eb1d27ff5fe189d1d04.

Full text

                                                 March 8, 2022                                     CONGRESSIONAL RECORD — SENATE                                                                   S1031
                                                 could have if formalized today. First, it               key leader in the abolition and wom-                     As we reflect on the achievements of
                                                 would expand legal recourse against                     en’s suffrage movements. She embodied                  women and girls across the centuries and
                                                 gender discrimination. Second, it                       extraordinary courage and took im-                     pay tribute to the pioneers who paved the
                                                 would empower those of us in Congress                   measurable risks as a soldier, spy, and                way, let us recommit to the fight and help
                                                                                                                                                                realize the deeply American vision of a more
                                                 to enact stronger laws preventing gen-                  conductor on the Underground Rail-                     equal society where every person has a shot
                                                 der discrimination across a wide array                  road, leading her family and commu-                    at pursuing the American dream. In doing
                                                 of issues. Third, it would require the                  nities to freedom. In an unjust country                so, we will advance economic growth, our
                                                 Supreme Court—or courts—to use a                        to her race, she was there, working for                health and safety, and the security of our
                                                 higher standard of review than is cur-                  America’s future and helping to lib-                   Nation and the world.
                                                 rently applied in the cases of gender                   erate the enslaved people.                               I yield the floor.
                                                 discrimination.                                           In Maryland, this year also marks
                                                   The ratification of the ERA could be                                                                                            f
                                                                                                         the 5-year anniversary of the Harriet
                                                 expected to have effects across such di-                Tubman Underground Railroad Visitor                                   RECESS
                                                 verse areas as pay discrimination,                      Center, which opened its doors to the                    Mr. CARDIN. Madam President, I ask
                                                 LGBTQ rights, gender-based and do-                      public in 2017. In its first year, it drew             unanimous consent that the Senate
                                                 mestic violence, sexual harassment,                     nearly 100,000 visitors from every State               now recess until 2:15 p.m.
                                                 and more. This constitutional amend-                    and more than 70 countries, exceeding                    There being no objection, the Senate,
                                                 ment would provide a firmer founda-                     all expectations. It is inspirational to               at 12:19 p.m., recessed until 2:15 p.m.
                                                 tion for existing laws and create new                   see this visitor center and to see her                 and reassembled when called to order
                                                 authority for Congress to pass laws in                  journey through life and what she was                  by the Presiding Officer (Ms. SINEMA).
                                                 areas in which it has historically                      able to accomplish. One person can
                                                 lacked a constitutional prerogative.                    make a difference. As Dr. Martin Lu-                                      f
                                                   Our Constitution is a framework of,                   ther King, Jr., told us frequently,                    POSTAL SERVICE REFORM ACT OF
                                                 by, and for the people. It must be able                 ‘‘Each one of us in this world can make                            2022—Continued
                                                 to evolve to meet the changing views                    a difference.’’ Harriet Tubman made
                                                 and beliefs of the people. Already a ma-                                                                         The PRESIDING OFFICER. The sen-
                                                                                                         such a difference throughout her life-
                                                 jority of the U.S. Senate has cospon-                                                                          ior Senator from Arkansas.
                                                                                                         time.
                                                 sored the bipartisan resolution that I                    The visitor center houses exhibit                           HONORING SERGEANT JOSHUA CAUDELL
                                                 referred to, S.J. Res. 1, that Senator                  space that shares Tubman’s compelling                    Mr. BOOZMAN. Madam President, I
                                                 MURKOWSKI and I introduced to remove                    story, surrounded by landscape and wa-                 have the privilege of being with my fel-
                                                 the procedural deadline that Congress                   terways preserved to resemble how                      low Senator, TOM COTTON, as we rise
                                                 once set to honor the clear will of the                 they would have appeared to her over                   today to honor two Arkansans who
                                                 people and to make the legitimacy of                    200 years ago in her early life as an                  gave their lives in service to others re-
                                                 our 28th Amendment clear beyond a                       enslaved child, young woman, and free-                 cently.
                                                 doubt.                                                  dom seeker. The Harriet Tubman Un-                       Arkansas Department of Corrections
                                                   The House of Representatives has al-                  derground Railroad National Monu-                      Officer Sergeant Joshua Caudell was a
                                                 ready passed this resolution twice. It is               ment and National Historical Park pre-                 member of the department’s K–9 team
                                                 time for us to do the same. I look for-                 serve these characteristics in her early               who responded to a call to assist his
                                                 ward to the opportunity to bring this                   home on Maryland’s Eastern Shore.                      fellow law enforcement officers with a
                                                 resolution to the floor in the coming                     The visitor center serves as an ori-                 disturbance call.
                                                 months and would strongly urge every                    entation center to the national monu-                    During the course of searching for a
                                                 one of my colleagues to support that                    ment and historical park and gateway                   suspect, Sergeant Caudell was shot and
                                                 resolution. Thirty-eight States have al-                to the larger Harriet Tubman Under-                    later died from his injuries. Born in
                                                 ready ratified it. Most Americans al-                   ground Railroad Scenic Byway, which                    Little Rock and raised in Redfield and
                                                 ready think it is in our Constitution.                  includes the Brodess Farm, where Har-                  White Hall, Sergeant Caudell was a
                                                 Let’s get that job done.                                riet Tubman lived as a child; Bucktown                 White Hall High School graduate of the
                                                    BICENTENNIAL BIRTH OF HARRIET TUBMAN                 General Store, where she first stood up                class of 2011.
                                                   Madam President, March 8, as has                      against the oppressors as a young girl;                  Service was something that defined
                                                 been pointed out, is International                      and other places that were part of the                 his life. In high school, he participated
                                                 Women’s Day. It happens during the                      Underground Railroad in Dorchester,                    in the school’s ROTC program. He then
                                                 month of March, which is Women’s His-                   Talbot, and Caroline Counties.                         went on to serve in the Army National
                                                 tory Month, here in the United States.                    I recently introduced legislation with               Guard and is a 10-year veteran of the
                                                   I wish to commemorate the bicenten-                   my colleagues in the Baltimore con-                    Arkansas Department of Corrections
                                                 nial birth of one of Maryland’s most                    gressional delegation, S. 3744, reauthor-              with a variety of units.
                                                 iconic leaders, a true American hero                    izing the designations of the Baltimore                  He also served his family with deep
                                                 who has inspired global human rights’                   National Heritage Area, which encom-                   care and devotion. As a loving husband
                                                 defenders, and that is Harriet Tubman.                  passes listings on the Underground                     and father, Sergeant Caudell put his
                                                   As we close this year’s chapter of                    Railroad network.                                      wife and children above all else. They
                                                 Black History Month and ring in Wom-                      Harriet Tubman was not only a fierce                 shared a special bond and never left
                                                 en’s History Month, what better way to                  defender for freedom from slavery but                  any doubt about how much they meant
                                                 celebrate these annual observances                      also for the women’s rights movement,                  to each other.
                                                 than by honoring the valor, journey,                    particularly for Black women. Fol-                       His friends describe Sergeant Caudell
                                                 and life of Harriet Tubman and her                      lowing her treacherous journey to free-                as a kind, generous person who was a
                                                 fight for freedom, which intersects                     dom, Harriet Tubman spoke on the im-
                                                                                                                                                                real-life hero. He loved to fish and
                                                 with our modern-day fight for civil                     portance of women’s suffrage in New
                                                                                                                                                                grill, cheer on his daughter’s softball
                                                 rights, climate action, and environ-                    York, Washington, and Boston. In 1896,
                                                                                                                                                                team, ride horses with his fellow De-
                                                 mental justice.                                         she was one of the first guests to speak
                                                   Harriet Tubman was born Araminta                                                                             partment of Corrections field officers,
                                                                                                         at the National Association of Colored
                                                 Ross in Dorchester County, MD, along                                                                           and support the Arkansas Razorbacks.
                                                                                                         Women and was hailed a strong advo-
                                                 our Eastern Shore, around 1822. She                                                                              His sacrifice in the name of pro-
                                                                                                         cate. Women secured the right to vote
                                                 was the ‘‘Moses of her people,’’ person-                                                                       tecting the community and enforcing
                                                                                                         in 1920 with the 19th Amendment, but
                                                                                                                                                                the rule of law will never be forgotten.




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                                                 ally leading at least 70 enslaved people                it wasn’t until 1965 that voting rights
                                                 to freedom. She is a cherished daughter                                                                          We are so grateful for his example
                                                                                                         became a reality for Black women.
                                                 of Maryland. She did this at great per-                   Let me conclude my comments on                       and willingness to do the tough and
                                                 sonal sacrifice to her own safety and                   Women’s History Month by once again                    dangerous job of ensuring public safe-
                                                 freedom on the Eastern Shore of Mary-                   quoting from President Biden.                          ty.
                                                 land.                                                     As President Biden proclaimed Wom-                                HONORING JASON LANG
                                                   This year, in 2022, we observe the bi-                en’s History Month this month, he                        Madam President, sadly, the Natural
                                                 centennial of the start of her life as a                said:                                                  State lost another first responder in



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                                                 S1032                                             CONGRESSIONAL RECORD — SENATE                                                        March 8, 2022
                                                 the last few days, West Memphis fire-                         HONORING SERGEANT JOSHUA CAUDELL                   UNANIMOUS CONSENT REQUEST—AMENDMENT
                                                 fighter Jason Lang.                                       Madam President, last Monday, an-                                     NO. 4936
                                                   Lang was traveling to another city                    other Arkansan lost his life as an offi-                   Mr. LEE. Madam President, the U.S.
                                                 for an EMT training class when he                       cer in the line of duty.                                Postal Service is in dire trouble. The
                                                 stopped to provide assistance to others                   The other week, Pulaski County                        Government Accountability Office has
                                                 involved in a traffic accident. He was                  Sheriff’s deputies were asked to check                  listed its financial viability as high
                                                 struck by an 18-wheeler while ren-                      on a woman who hadn’t shown up to                       risk, and it has been in that status
                                                 dering aid.                                             work that day. Her friends were con-                    since 2009.
                                                   Originally from Iowa, Jason Lang                      cerned about her well-being and wanted                     From 2007 until 2020, the Postal Serv-
                                                 was an Eagle Scout and a volunteer                      to make sure she was safe. When the                     ice had losses of $86 billion and over
                                                 firefighter who was just starting his                   deputies arrived at the woman’s house,                  $188 billion in unfunded liabilities and
                                                 adult life. We were fortunate that his                  an armed assailant opened fire, forcing                 debt. From October to December of last
                                                 path brought him to Arkansas, where                     them to take cover and call backup.                     year alone—just a few months—it lost
                                                 he was eager to begin serving the West                  The shooter managed to escape, and                      $1.3 billion.
                                                 Memphis community.                                      deputies then called in canine officers                    I think it is a mistake to rush postal
                                                   Lang was an enthusiastic and prom-                    to find the would-be cop killer.                        reform now, when Congress should in-
                                                 ising young man who, on day one,                          One of the officers assigned to this                  stead debate and consider the country’s
                                                 wanted to be an integral part of the                    dangerous job was Sergeant Joshua                       response to and role in the Ukraine-
                                                 important work that first responders                    Caudell. Sergeant Caudell helped track                  Russia situation. We could be respond-
                                                 do to help support those in need. He                    the shooter to a trailer not far away.                  ing to skyrocketing energy prices. Nev-
                                                 learned that example from his own                       Tragically, unknown to the officers,                    ertheless, I do very much support deal-
                                                 family, with a father who served as a                   the shooter was lying in wait under-                    ing with the post office and reforming
                                                 police officer for decades and a brother                neath the trailer. He once again opened                 the post office. We have to do this.
                                                 who is a volunteer firefighter.                         fire on the police, this time hitting                      Unfortunately, this bill falls far
                                                   He may have only been with the West                   Sergeant Caudell and killing him.                       short in much more than just its tim-
                                                 Memphis Fire Department for a few                         Sergeant Caudell was 29 years old. He                 ing. It does nearly nothing to make the
                                                 months, but his chief recalled viewing                  had a wife and three children. My pray-                 Postal Service solvent.
                                                 him as a future leader in the organiza-                 ers and Senator BOOZMAN’s prayers re-                      I have offered 12 amendments. Sadly,
                                                 tion from the first time that they met.                 flect the prayers of all Arkansans                      my efforts, along with those of my Re-
                                                 His heroic and selfless actions will be                 going out to his family. We can only                    publican colleagues, have been blocked.
                                                 admired and appreciated for years to                    imagine their heartbreak and pain.                      But I can’t just step aside without try-
                                                 come.                                                     The heinous criminal who committed                    ing to make the bill better.
                                                   Those who perform such acts do so                                                                                Today, I would like to briefly speak
                                                                                                         this murder is now in custody. He will
                                                 without regard for their own safety,                                                                            about just 2 of the 12 amendments I
                                                                                                         face justice—stern, swift, and fair. And
                                                 which is the hallmark of public service.                                                                        have filed, just two of them in par-
                                                                                                         he must face the sternest justice pos-
                                                 So today, we remember both Sergeant                                                                             ticular, and ask that they be called up
                                                                                                         sible because an attack on a law en-
                                                 Joshua Caudell and firefighter Jason                                                                            and voted on.
                                                                                                         forcement officer is also an attack on
                                                 Lang for what they gave to their re-                                                                               The first strikes a provision in the
                                                                                                         the rule of law, on order, on civiliza-
                                                 spective communities: themselves, to-                                                                           bill that would require the Postal Serv-
                                                                                                         tion itself.
                                                 tally and unflinchingly.                                                                                        ice to ‘‘maintain an integrated net-
                                                                                                           Sadly, the slaying of Sergeant
                                                   We regret that their actions were                                                                             work for the delivery’’ of postal prod-
                                                                                                         Caudell was not the only tragedy that
                                                 necessary, but we will be forever grate-                                                                        ucts and would require the disclosure
                                                                                                         befell our State in the last 2 weeks.
                                                 ful that these two men did not hesitate                                                                         of the rates that the USPS charges pri-
                                                                                                                          HONORING JASON LANG
                                                 to put their own safety aside in the                                                                            vate companies for the last mile deliv-
                                                 name of protecting and helping others.                     Madam President, on Saturday, Feb-                   ery of packages.
                                                   I join with Senator COTTON and so                     ruary 26, 20-year-old West Memphis                         The term ‘‘integrated network’’ isn’t
                                                 many others to share our gratitude and                  firefighter Jason Lang was on his way                   defined in the bill, and it could be eas-
                                                 admiration for these heroes, as well as                 to an EMT class when he saw that a                      ily used to bundle or combine expenses,
                                                 our sorrow that they paid the ultimate                  stranger had gotten into a car acci-                    which would in turn allow the USPS to
                                                 price in the line of duty.                              dent. Exactly as you would expect from                  further disguise serious costs and make
                                                   We pray for their loved ones and col-                 such a fine public servant, he pulled                   a proper accounting of certain products
                                                 leagues as they mourn these fallen                      over, and he tried to help the crash vic-               difficult or even impossible.
                                                 guardians who served others to the                      tim. As he was selflessly helping the                      The simple idea of an ‘‘integrated de-
                                                 very end.                                               stranger, Jason was tragically struck                   livery network’’ may seem benign—and
                                                   The PRESIDING OFFICER. The Sen-                       by an 18-wheeler and killed.                            the     term    itself  sounds    friendly
                                                 ator from Arkansas.                                        Jason’s death is a heartbreaking loss                enough—but words do matter. Words in
                                                   Mr. COTTON. Madam President,                          for our State. When Jason saw a fellow                  context and their meaning, these are
                                                 today, I stand with a heavy heart,                      Arkansan in distress, he ran toward the                 things that matter.
                                                 alongside Senator BOOZMAN, to mourn                     danger. Every young boy and girl                           This particular legislative text with
                                                 the deaths of two great Arkansans, Ar-                  should aspire to serve their community                  no clear definition is ripe for abuse. Be-
                                                 kansas Department of Corrections Ser-                   with the same sense of bravery.                         cause the Postal Service is required to
                                                 geant Joshua Caudell and West Mem-                         Today, all of Arkansas weeps red and                 deliver to every American, even on un-
                                                 phis firefighter Jason Lang. They both                  blue. My heart and Senator BOOZMAN’s                    profitable routes, the Postal Service
                                                 died as they lived: serving their fellow                heart goes out to all Arkansas fire-                    may be charging lower than market
                                                 Arkansans.                                              fighters and police officers who do so                  rates in its service contracts with pri-
                                                   Like every State, Arkansas is suf-                    much for our State each and every day.                  vate companies. This may not only
                                                 fering terribly from the crime wave                        President Reagan said in his first in-               shortchange the Postal Service, mak-
                                                 that has crashed across the country in                  augural address that ‘‘those who say                    ing further taxpayer bailouts likely,
                                                 the past 21⁄2 years. Our men and women                  that we’re in a time’’ without heroes                   but it could also distort competition in
                                                 in law enforcement are on the frontline                 ‘‘just don’t know where to look.’’ Jason                the package delivery market.
                                                                                                         Lang and Joshua Caudell were, indeed,




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                                                 of this crisis, fighting against the                                                                               The American public deserves a prop-
                                                 forces of disorder, ridding our streets of              heroes; and we can look to them, and                    er accounting of Postal Service rates,
                                                 poisonous drugs, facing down evil                       we can honor their legacy. God bless                    and my amendment will ensure this
                                                 itself.                                                 them, God bless their families, and God                 disclosure is provided in a fully trans-
                                                   Sadly, too many in law enforcement                    bless the State of Arkansas.                            parent manner.
                                                 have paid the ultimate price while pro-                    I yield the floor.                                      My second amendment prohibits the
                                                 tecting the innocent and fighting the                      The PRESIDING OFFICER. The Sen-                      Postal Service from shipping any
                                                 guilty.                                                 ator from Utah.                                         ‘‘abortion inducing drug.’’ Chemical



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                                                 March 8, 2022                                     CONGRESSIONAL RECORD — SENATE                                                                S1033
                                                 abortions have four times the com-                      here today represents consensus on es-                 wonder: What are they afraid of? What
                                                 plication rate of surgical abortions and                sential reforms for the U.S. Postal                    is the Postal Service so afraid of? What
                                                 are far more likely to send women to                    Service, overdue for over a decade.                    is the harm that can come from the
                                                 the emergency room. Unfortunately, in                     This legislation will ensure the Post-               American people knowing how these
                                                 December of 2021—just a few months                      al Service can provide long-term, reli-                things operate? What is the harm that
                                                 ago—the Food and Drug Administra-                       able, 6-day-a-week service across the                  can come from striking a provision
                                                 tion permanently rescinded a long-                      country, and put it on stable financial                that is vague and ripe with opportuni-
                                                 standing regulation that required                       footing.                                               ties for abuse—strike that and replace
                                                 healthcare professionals to dispense                      This amendment changes key service                   it with transparency provisions? We
                                                 chemical abortion pills to patients in                  protections in the bill and adds new                   would all be better off. So that is un-
                                                 person, allowing them to be sent                        harmful provisions tailored to special                 fortunate.
                                                 through the mail without even basic                     interests of Postal Service competi-                     I do think we ought to consider that
                                                 precautions to protect the life and                     tors.                                                  and also another amendment.
                                                 health of the mother.                                     Our bill requires the Postal Service                  UNANIMOUS CONSENT REQUEST—AMENDMENT
                                                   Not only does this policy change                      to maintain its current standard of de-                                NO. 4937
                                                 threaten the lives and the health of                    livery at least 6 days per week. It is ab-               Madam President, to that end, I ask
                                                 women, but it raises the disturbing                     solutely essential to protect 6-day de-                unanimous consent to set aside the
                                                 possibility that perpetrators of sexual                 livery so the Postal Service can con-                  pending amendment and call up
                                                 abuse may be further enabled to hide                    tinue serving as a critical lifeline for               amendment No. 4937; further, that the
                                                 their crimes from legal authorities and                 countless communities that rely on the                 amendment be reported by number,
                                                 health professionals through mail-                      mail for medications, for rent pay-                    that there be 2 minutes of debate
                                                 order abortion.                                         ments, for critical supplies, for Social               equally divided on the amendment, and
                                                   Furthermore, because taxpayer dol-                    Security checks, and so much more.                     that the Senate then vote on adoption
                                                 lars—particularly, over the last few                      This amendment would change how                      of the amendment with no intervening
                                                 years—have funded the Postal Serv-                      the Postal Service operates today by                   action or debate.
                                                 ice’s operations, American taxpayer re-                 altering their integrated network that                   The PRESIDING OFFICER. Is there
                                                 sources are funding abortion and put-                   allows mail and packages to be deliv-                  objection?
                                                 ting women at risk. Congress must put                   ered together. This is more efficient for                Mr. PETERS. Madam President, re-
                                                 an end to this and exercise its author-                 both the Postal Service and for their                  serving the right to object.
                                                 ity to ensure that the U.S. Government                  customers.                                               The PRESIDING OFFICER. The Sen-
                                                 does not encourage or facilitate the use                  Instead, this amendment seeks to un-                 ator from Michigan.
                                                 of these dangerous and lethal abortion                  dermine the Postal Service’s ability to                  Mr. PETERS. Madam President, this
                                                 drugs.                                                  compete against private carriers that                  bill is limited to absolutely essential,
                                                   I also support the efforts of my many                 do not have the same requirements to                   consensus, bipartisan reforms that are
                                                 colleagues. Senator SCOTT’s amend-                      deliver to every single community in                   necessary to ensure that the Postal
                                                 ment would alleviate some of the fi-                                                                           Service can survive and can continue
                                                                                                         the United States of America.
                                                 nancial burdens that this bill would                      The amendment would also force                       delivering for the American people.
                                                 impose on taxpayers and the Medicare                    publication of contract information to                   Everything in this bill has bipartisan
                                                 Program by forcing the Postal Service                                                                          agreement. This bill passed the House
                                                                                                         Postal Service competitors. This would
                                                 to reimburse Medicare for all of the ad-                                                                       by a vote of 342 to 92. It has broad sup-
                                                                                                         give away commercially sensitive in-
                                                 ditional costs that would be created by                                                                        port from the public, from the business
                                                                                                         formation to private carriers and pro-
                                                 requiring future postal retirees to en-                                                                        community, and other stakeholders.
                                                                                                         vide an unfair advantage, when the
                                                 roll in Medicare.                                                                                                In contrast, this amendment is in-
                                                   Congress and the Postal Service have                  Postal Regulatory Commission already
                                                                                                                                                                flammatory and unnecessary to the
                                                 historically made bad policy and busi-                  reviews every Postal Service contract
                                                                                                                                                                postal bill. It is meant to be a poison
                                                 ness decisions, and now, instead of fix-                to ensure both compliance as well as
                                                                                                                                                                pill. It would add abortion-inducing
                                                 ing those or otherwise meaningfully                     fairness.
                                                                                                           I appreciated Senator PORTMAN’s                      drugs to the list of nonmailable matter
                                                 addressing them, it is simply shifting                                                                         under postal law.
                                                 millions of workers from coverage his-                  thoughtful comments against changing
                                                                                                                                                                  Under current law, the list of non-
                                                 torically provided by an independent                    the key service protections in this bill.
                                                                                                                                                                mailable matter includes items rang-
                                                 Federal Agency onto taxpayers more                      It is time to pass this bipartisan legis-
                                                                                                                                                                ing from grenades to explosives, to con-
                                                 broadly.                                                lation as drafted and getting it signed
                                                                                                                                                                trolled substances and narcotics.
                                                   The Postal Service and the American                   into law.                                                However, the Postal Service is free to
                                                 people deserve a thoughtful bill, one                     I object.                                            mail any FDA-approved drugs that are
                                                 that reforms its key challenges, setting                  The PRESIDING OFFICER. The ob-                       prescribed by healthcare providers and
                                                 the Agency up for long-term success.                    jection is heard.                                      sent by either a pharmacy or a doctor.
                                                   But without any amendments to                           The Senator from Utah.                                 There are no other FDA-approved
                                                 change the trajectory, this bill only                     Mr. LEE. Madam President, it is un-                  medications that are prohibited from
                                                 kicks the can down the road without                     fortunate that we are not able to vote                 being mailed to patients in need.
                                                 making the serious changes that are                     on this. It is a simple measure, and                     This amendment is an attack on re-
                                                 needed today.                                           contrary to the characterization by my                 productive rights that would make it
                                                   Madam President, I ask unanimous                      friend and distinguished colleague, the                more difficult for women and families
                                                 consent to set aside the pending                        Senator from Michigan, this is a simple                to safely access critical medical care,
                                                 amendment and call up my amendment                      transparency measure.                                  and it imposes an unnecessary hardship
                                                 No. 4936. Further, I ask that the                         Look, the fact that there are people                 on women and families who are access-
                                                 amendment be reported by number,                        within the Postal Service reviewing                    ing their care using telemedicine, espe-
                                                 that there be 2 minutes of debate                       the contracts doesn’t solve the under-                 cially during a pandemic.
                                                 equally divided on the amendment, and                   lying problem. What we want is trans-                    This amendment simply has no place
                                                 that the Senate then vote on adoption                   parency. What we want to know is that                  in a bipartisan postal reform bill.
                                                 of the amendment with no intervening                    the Postal Service isn’t setting up con-                 Madam President, I object.
                                                 action or debate.                                       tracts that are sweetheart deals to                      The PRESIDING OFFICER. Objec-




rfrederick on DSKBCBPHB2PROD with SENATE
                                                   The PRESIDING OFFICER. Is there                       some companies, allowing them to be                    tion is heard.
                                                 objection?                                              enriched on the backs of the American                    The Senator from Utah.
                                                   Mr. PETERS. Madam President, re-                      taxpayer and the consumer who uses                       Mr. LEE. Madam President, here
                                                 serving the right to object.                            the Postal Service. It is not too much                 again is an amendment. The Senate
                                                   The PRESIDING OFFICER. The Sen-                       to ask.                                                has to get back to the practice of
                                                 ator from Michigan.                                       So it is unfortunate that we can’t.                  amending bills. I understand not every-
                                                   Mr. PETERS. Madam President, the                      All I want is a vote on that. We ought                 body is inclined to agree on it. I under-
                                                 Postal Service Reform Act before us                     to be able to vote on it. It makes me                  stand the abortion issue is tough for a



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                                                 S1034                                             CONGRESSIONAL RECORD — SENATE                                                       March 8, 2022
                                                 lot of people. They don’t want to talk                  deserves a simple majority vote. It de-                  Senator JOHNSON has told me repeat-
                                                 about it. But, look, until a few months                 serves a vote. I am thankful I have the                edly that he has been asking for years.
                                                 ago, these weren’t available through                    support of groups like 60 Plus and the                 The Postal Service says they are put-
                                                 the mail system anyway. They still                      Association of Mature American Citi-                   ting all this money into Medicare, and
                                                 shouldn’t be. I believe those who made                  zens that represent the interests of                   he has had a simple request: How much
                                                 that decision to allow that over the                    America’s seniors.                                     money is the Postal Service paying for
                                                 last few months were overlooking the                      I urge my colleagues to support this.                Medicare, and what are the recipients
                                                 health and safety concerns that had                       Madam President, I ask unanimous                     at the Postal Service receiving in bene-
                                                 previously prohibited those things                      consent to set aside the pending                       fits? No one can ever give an answer.
                                                 from happening.                                         amendment and call up amendment No.                      I asked for a CBO score. They said
                                                   Regardless, it really is unfortunate                  4933; further, that the amendment be                   this is going to cost at least $6 billion,
                                                 we can’t even vote on this. I under-                    reported by number, that there be 2                    and it is going to increase our deficit
                                                 stand not everybody agrees on the sub-                  minutes of debate equally divided on                   by at least $5 billion.
                                                 stance of the amendment, but what                       the amendment, and that the Senate                       So we have an unfunded program in
                                                 previously made the Senate the world’s                  vote on adoption of the amendment                      the Postal Service, and we are going to
                                                 greatest deliberative legislative body                  with no intervening action or debate.                  move it and hurt our Medicare recipi-
                                                 was the ability of any one Member to                      The PRESIDING OFFICER. Is there                      ents.
                                                 bring up an amendment and have it                       objection?                                               My amendment—and I was told that
                                                 voted on. I think that is unfortunate.                    Mr. PETERS. Madam President, re-                     this would not cost Medicare anything,
                                                   The PRESIDING OFFICER. The Sen-                       serving the right to object.                           so my amendment is pretty simple:
                                                 ator from Florida.                                        The PRESIDING OFFICER. The Sen-                      whatever the incremental costs to
                                                  UNANIMOUS CONSENT REQUEST—AMENDMENT
                                                                                                         ator from Michigan.                                    Medicare are should be paid by the
                                                                 NO. 4933
                                                                                                           Mr. PETERS. Madam President, I op-                   Postal Service. I mean, it is the Postal
                                                                                                         pose the Scott amendment, which                        Service retirees; they are the ones who
                                                   Mr. SCOTT of Florida. Madam Presi-
                                                                                                         would gut the bipartisan Postal Serv-                  ought to pay for it.
                                                 dent, first, I want to thank my col-
                                                                                                         ice Reform Act by nullifying the Medi-                   So I don’t understand why we
                                                 league Senator LEE from Utah for his
                                                                                                         care integration proposal.                             wouldn’t want to do this. I was told it
                                                 leadership on these issues, trying to
                                                                                                           Medicare integration is an absolutely                was not going to cost anything.
                                                 make sure that the legislation we pass
                                                                                                         key part of this bipartisan bill to pro-                 By the way, the CBO score that is out
                                                 is legislation that we all have the op-
                                                                                                         vide long-term financial stability for                 there already says it is going to in-
                                                 portunity to participate in.
                                                                                                         the Postal Service. My colleague Sen-                  crease our deficit, and it is going to put
                                                   I have been disappointed that I am on
                                                                                                         ator PORTMAN spoke recently about                      our Medicare Program in worse shape.
                                                 the committee that deals with the
                                                                                                         why these criticisms of Medicare inte-                 They can only give us numbers for the
                                                 Postal Service and we didn’t even have
                                                                                                         gration are simply unfounded.                          first 10 years. After 10 years, the num-
                                                 a vote on this. I didn’t have any oppor-                  This bill simply provides for future
                                                 tunity in the committee to propose an                                                                          bers are going to be worse than the
                                                                                                         postal retirees, who have already paid
                                                 amendment. It doesn’t look like I am                                                                           numbers I told you about.
                                                                                                         into Medicare throughout their entire                    So what I don’t get is, one, why
                                                 going to have an opportunity here to                    careers, to enroll in Part B and Part D.
                                                 have my colleagues vote on an amend-                                                                           didn’t we vote on this in the com-
                                                                                                         Roughly a quarter of postal retirees do                mittee? Why didn’t we have an oppor-
                                                 ment, and I don’t think that is right.                  not enroll in Medicare even though
                                                   The amendment I am going to talk                                                                             tunity to do an amendment there? Why
                                                                                                         they are eligible. This means the Post-                don’t we have an amendment vote on
                                                 about today is cosponsored by Senators
                                                                                                         al Service is stuck paying higher pre-                 this on the floor? It is common sense.
                                                 JOHNSON,     GRASSLEY,     BRAUN,     and
                                                                                                         miums.                                                   I would think all of us would want to
                                                 LANKFORD, and I want to thank them                        This bill simply allows the Postal
                                                 for their support.                                                                                             make sure we are not going to bank-
                                                                                                         Service to do what other businesses                    rupt Medicare, and all of us want to
                                                   I absolutely support getting some-                    and employers already do all across our
                                                 thing done to reform the Postal Serv-                                                                          make sure that if it is going to cost
                                                                                                         country by integrating these retirees                  Medicare anything, the Postal Service
                                                 ice and ensure more accountability to                   into Medicare. This saves the Postal
                                                 taxpayers. Unfortunately, the bill be-                                                                         should pay for it.
                                                                                                         Service money and saves taxpayer                         I yield the floor.
                                                 fore us doesn’t do that.                                money. This bill reduces the deficit
                                                   This legislation would add at least $6                                                                         The PRESIDING OFFICER. The Sen-
                                                                                                         over 10 years by nearly $1.5 billion.                  ator from Illinois.
                                                 billion in new costs to Medicare with-                    CBO has also made clear that the bill
                                                 out any plan to pay for it—$6 billion                   does not affect the Part A trust fund
                                                                                                                                                                   NOMINATION OF KETANJI BROWN JACKSON
                                                 and no plan to pay for it—and at least                  and will not have any effect on Medi-                    Mr. DURBIN. Madam President, late
                                                 $5 billion to our Federal debt, a debt                  care Part B or Part D premiums.                        last month, President Biden announced
                                                 that is already surging above $30 tril-                   Postal workers are already eligible                  the nomination of Judge Ketanji
                                                 lion. I think we all should say that is                 for Part A, and the number of new                      Brown Jackson, the next Associate
                                                 unacceptable.                                           postal workers going into Part B will                  Justice of the Supreme Court.
                                                   This bill doesn’t reduce costs; it just               be fewer than 40,000 individuals, and                    As I said the day her nomination was
                                                 shifts them from one unfunded govern-                   that compares to 62 million people cur-                announced, it is hard to think of a bet-
                                                 ment program to another unfunded                        rently in the program.                                 ter jurist to replace highly regarded
                                                 government program.                                       The Postal Service Reform Act does                   Justice Stephen Breyer. Over the past
                                                   Let’s remember, Medicare costs are                    not harm Medicare. It provides savings                 10 days, we have all had a chance to
                                                 already skyrocketing. Further jeopard-                  to the Postal Service and to taxpayers.                learn about her record, and last week I
                                                 izing Medicare is a disservice to the 60                It allows the Postal Service to survive,               met with her in my office. I would like
                                                 million Americans, including 4.5 mil-                   regain stable financial footing, and                   to share what impressed me the most
                                                 lion Floridians, who rely on it. My                     keep delivering for every single Amer-                 about her.
                                                 amendment would fix this. It would                      ican. We need to stop delaying this bill.                First is her breadth of experience. A
                                                 just require the Postal Service to pay                  We need to pass the bill.                              graduate of Harvard Law School, she
                                                 for any new costs to Medicare that this                   I object.                                            has worked in private legal practice.
                                                 bill will bring. This would ensure that                   The PRESIDING OFFICER. Objec-                        She served as a Federal public defender




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 Medicare isn’t used like a piggy bank                   tion is heard.                                         and served on the U.S. Sentencing
                                                 and that the taxpayer and future non-                     The Senator from Florida.                            Commission. She has clerked at every
                                                 postal retirees aren’t forced to bear the                 Mr. SCOTT of Florida. Madam Presi-                   level of the Federal judiciary: for
                                                 burden of this postal bailout. And the                  dent, reserving the right to object, here              Judge Patti Saris on the District of
                                                 Postal Service should pay their fair                    is what I believe: We need to do every-                Massachusetts, Judge Bruce Selya on
                                                 share.                                                  thing possible to protect Medicare re-                 the First Circuit, and Justice Breyer
                                                   I want to make this next point very                   cipients and stop bankrupting our es-                  on the Supreme Court. That is an
                                                 clear. My amendment is germane. It                      sential programs.                                      amazing resume.



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                                                 March 8, 2022                                     CONGRESSIONAL RECORD — SENATE                                                                     S1035
                                                   She went on to serve as a Federal dis-                their own conclusions, but I hope that                 took seriously the Senate’s advice and
                                                 trict court judge. Currently, she sits on               they will read what David Levi had to                  consent role. It did not involve dark
                                                 the DC Circuit, often regarded as the                   say as well as other conservative ju-                  money groups. I can’t help but note the
                                                 second highest court in the land. And                   rists.                                                 irony of this line of attack coming
                                                 once confirmed, she will be only the                       Sadly, Judge Jackson has already                    from the other side of the aisle.
                                                 second current Supreme Court Justice                    been subject to a number of baseless                     After all, it was President Donald
                                                 with experience as a trial court judge.                 attacks so let’s set the record straight.              Trump who bragged—bragged—that
                                                   That means Judge Jackson will bring                   First, she has drawn criticism for re-                 groups like the Federalist Society and
                                                 to the Court insights into the issues                   fusing to comment when asked whether                   Heritage Foundation actually drove his
                                                 confronting Federal district courts                     the Supreme Court should remain at                     selection process for the Supreme
                                                 every single day. And these same ques-                  its current size. Well, Judge Jackson’s                Court.
                                                 tions often make it to the Supreme                      exactly right not to offer an opinion.                   As a candidate, Trump said:
                                                 Court for final review.                                 As a nominee to the Supreme Court                        We’re going to have great judges, conserv-
                                                   Second, I was impressed with her                      and a sitting judge on the DC Circuit,                 ative, all picked by the Federalist Society.
                                                 character and temperament. They are                     it would be totally inappropriate for                    Trump, never at a loss for words,
                                                 unimpeachable. During our conversa-                     her to opine on a public policy decision               made it very clear where he went to
                                                 tion last week, we spoke about her                      that only we can make in Congress.                     find his nominee.
                                                 family, her daughters, her upbringing,                     Indeed, Judge Jackson’s handling of                   And Don McGahn, the Trump admin-
                                                 and the highlights of her career. I par-                this question mirrors the approach                     istration’s first White House Counsel,
                                                 ticularly enjoyed one story, which she                  taken by Justice Amy Coney Barrett                     said about the Federalist Society in ju-
                                                 has told before, about a letter that her                just a few months back when she was                    dicial selection:
                                                 daughter wrote to President Obama a                     nominated to the Court.                                  I’ve been a member of the Federalist Soci-
                                                 few years ago. In it, she asked the                        At her hearing, when then-Judge                     ety since law school. Still am. So, frankly, it
                                                                                                                                                                seems like it has been insourced.
                                                 President to appoint her mother to the                  Barrett was asked about the size of the
                                                 Supreme Court. Well, it may have                        Court, she then responded, it is ‘‘a                     ‘‘Insourced’’ was his word.
                                                                                                         question left open to Congress’’ and                     And it is worth adding that Repub-
                                                 taken a bit longer than Judge Jack-
                                                                                                                                                                licans, including Senator MCCONNELL,
                                                 son’s daughter anticipated, I can only                  that if there were a ‘‘specific constitu-
                                                                                                                                                                have blocked every single effort to ad-
                                                 imagine how proud she is today.                         tional question’’ about the Court’s size,
                                                   My conversation with Judge Jackson                                                                           dress the presence of hard money—dark
                                                                                                         she ‘‘could not opine on it.’’
                                                                                                            Judge Jackson also has faced offen-                 money in our political system. We
                                                 also made clear that she has the exact
                                                                                                                                                                should have full disclosure. I support
                                                 temperament we need on the Court.                       sive questions from figures on the far
                                                                                                                                                                that. We are ready to vote on the floor.
                                                 She is personable, humble, approach-                    right about her qualifications. This
                                                                                                                                                                The leader on the Republican side re-
                                                 able. That last attribute is particularly               past Wednesday, FOX News talking
                                                                                                                                                                sists.
                                                 important for a Supreme Court Jus-                      head Tucker Carlson demanded that                        Judge Jackson also has faced base-
                                                 tice.                                                   President Biden produce Judge Jack-                    less claims that she is a partisan Dem-
                                                   The Supreme Court should not be                       son’s score on the LSAT exam.                          ocrat just nominated to rubberstamp
                                                 shrouded in secrecy and mystery. Its                       Mr. Carlson said he wanted to see                   the Biden agenda. These claims have
                                                 process and its decisions should be                     Judge Jackson’s LSAT score to gauge                    no basis in fact. She is evenhanded and
                                                 clear and easily understood for the peo-                if she was, in fact, ‘‘a once in a genera-             impartial, confirmed by the Senate on
                                                 ple in the Court as well as for the                     tion legal mind.’’                                     a bipartisan basis three different times,
                                                 American public. With Judge Jackson                        Isn’t it interesting that Mr. Tucker                including last year.
                                                 on the Court, we can trust that will be                 Carlson never once asked for LSAT                        If Judge Jackson were such a par-
                                                 true.                                                   scores of President Trump’s nominees                   tisan, why would so many prominent
                                                   Third, Judge Jackson is clearly—                      to the Court: Neil Gorsuch, Brett                      conservatives be supporting her? The
                                                 clearly—within the judicial main-                       Kavanaugh, or Amy Coney Barrett. He                    short answer is they wouldn’t.
                                                 stream.     She    has    a   record    of              never once questioned their qualifica-                   But she has that support and plenty
                                                 evenhandedness and impartiality, guid-                  tions to sit on the Court or their aca-                of it, including from former Republican
                                                 ed by the Constitution, the law, and                    demic credentials.                                     Speaker of the House Paul Ryan; re-
                                                 the facts of the case. She is not a par-                   Let’s be clear: Judge Jackson grad-                 tired DC Circuit Judge Thomas Grif-
                                                 tisan or an ideologue. She is inde-                     uated magna cum laude from Harvard                     fith, a George W. Bush retiree; retired
                                                 pendent in her thinking, and she will                   University and cum laude from Har-                     Fourth Circuit Judge Michael Luttig, a
                                                 maintain the Court’s proper role.                       vard Law School. Not bad. As an                        George H. W. Bush appointee; Bill
                                                   Don’t take my word for it. Judges                     undergrad, she received the Harvard                    Burck, a prominent Republican attor-
                                                 and lawyers from across the political                   College Scholarship for Academic                       ney who worked in the George W. Bush
                                                 spectrum have said the same thing.                      Achievement. Let me repeat that—aca-                   administration; Charles Fried, who
                                                 Consider the support Judge Jackson                      demic achievement. And she served as                   served as Solicitor General during the
                                                 enjoys from David Levi, who was ap-                     supervising editor on the Harvard Law                  Reagan administration, and many
                                                 pointed by President George H. W.                       Review.                                                more.
                                                 Bush to serve on the Eastern District                      Mr. Carlson, of course, is notorious                  These conservative jurists and attor-
                                                 of California.                                          for his outrageous comments. I don’t                   neys have endorsed her precisely be-
                                                   He wrote to the committee, and he                     expect he is going to offer any apology                cause she is independent and fair-
                                                 said a Supreme Court nominee ‘‘must                     to Judge Jackson, but I would urge all                 minded. She will not rubberstamp any
                                                 be neutral, nonpartisan, exercise self-                 my Republican colleagues to disavow                    President’s agenda. These conservative
                                                 restraint, model civility, and approach                 his remarks and disassociate them-                     leaders know that on the Court, Judge
                                                 each case with an open mind and with                    selves from the innuendo.                              Jackson will be faithful to the Con-
                                                 a determination to reach as just, wise,                    We also continue to hear false allega-              stitution and the rule of law.
                                                 and correct a result as possible.’’                     tions that Judge Jackson was hand-                       Finally, we hear the false allegation
                                                   And he concluded that ‘‘[b]ased on                    picked by so-called liberal dark money                 that Judge Jackson will be ‘‘soft on
                                                 what I know of Judge Jackson . . . I                    groups. Once again, that claim is com-                 crime.’’ Look at her life, look at her
                                                 believe she has been that kind of a                     pletely divorced from reality. The                     record and at the support she now has




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 judge and will be that kind of a Jus-                   truth is this: President Biden under-                  from the law enforcement community.
                                                 tice.’’                                                 took a rigorous process to select Jus-                   As Judge Jackson noted in accepting
                                                   I could not agree more. Often, I have                 tice Breyer’s successor, seeking the ad-               the President’s nomination, she has
                                                 seen my colleagues on the other side of                 vice of a bipartisan group of Senators.                two uncles and a brother who serve as
                                                 the aisle in their initial reaction to the              And after weeks of consideration, he,                  police officers. One of her uncles was
                                                 judge—Judge Jackson—have said, well,                    and he alone, chose Judge Jackson.                     chief of police in Miami.
                                                 I want to know more about her judicial                     President Biden’s selection process                   On the bench, she has approached
                                                 philosophy. Certainly, they can draw                    was deliberative, collaborative, and it                each criminal case in a manner that we



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                                                 S1036                                             CONGRESSIONAL RECORD — SENATE                                                      March 8, 2022
                                                 would ask of every judge. Look at the                   completely reshaped the international                  ply chain; it is also the possibility of
                                                 law; look at the facts.                                 economic order. Economies around the                   another pandemic or a natural dis-
                                                   It is not surprising that she has gar-                world have become interconnected, re-                  aster.
                                                 nered the support of multiple law en-                   lying on one another from agricultural                   This flashing red light has prompted
                                                 forcement groups. This nominee, who                     products to energy, to manufacturing                   the Senate to take action by passing
                                                 is attributed as being soft on crime,                   capabilities.                                          the CHIPS for America Act, which I in-
                                                 has the endorsement of the Fraternal                      It seemed to be the rule of thumb                    troduced along with the senior Senator
                                                 Order of Police. They wrote the fol-                    that whoever could produce a product                   from Virginia, Mr. WARNER, which was
                                                 lowing about her:                                       at the lowest price got the business and               designed to incentivize U.S. semicon-
                                                   We are reassured that, should she be con-             the jobs that went along with it.                      ductor manufacturing.
                                                 firmed, she would approach her future cases               But we are increasingly seeing vul-                    And in the coming weeks, I hope we
                                                 with an open mind and treat issues related              nerabilities that this interdependence                 can finally get a bill to the President’s
                                                 to law enforcement fairly and justly.                   creates with some of the clearest ex-                  desk that funds these critical programs
                                                   Wouldn’t we all be proud to have that                 amples surfacing during the COVID–19                   and puts us on a path to more domestic
                                                 endorsement for our pursuits?                           pandemic.                                              semiconductor manufacturing because
                                                   Superintendent David Brown of the                       The United States, for example, leans                of those risks to the supply chain.
                                                 Chicago Police Department wrote:                        heavily on China for masks, gloves, and                  In short, a crisis hit, it exposed our
                                                   I have no doubt that if confirmed, Judge              gowns, personal protective equipment,                  vulnerabilities, and we acted.
                                                 Ketanji Brown Jackson’s appointment will                and for ventilators—all of which were                    That is exactly what we need to do
                                                 make history by adding a powerful, mod-
                                                 erate, and informed voice to the highest
                                                                                                         absolutely necessary during the begin-                 now regarding energy security. Let me
                                                 court in the land.                                      ning of the pandemic and continuing                    explain.
                                                                                                         on until today. But for a long time,                     In many ways, the risks we are see-
                                                   As Senators and the American people
                                                                                                         that wasn’t a problem, until COVID–19                  ing with the global energy supply
                                                 continue to learn more about Judge
                                                                                                         showed up.                                             today are similar to those risks we ex-
                                                 Jackson and her amazing record, I hope
                                                                                                           I still remember the phone call I had                perienced with critical components
                                                 and expect they will reach the same
                                                                                                         with the Governor of Texas, my friend                  like semiconductors. Much of the world
                                                 conclusion that leaders have reached
                                                                                                         Greg Abbott. At the beginning of the                   relies on a single country for a critical
                                                 all across America’s political spec-
                                                                                                         pandemic, I said, ‘‘Governor, what do                  product, and decisions made by a dic-
                                                 trum. Judge Jackson will be a strong,
                                                                                                         you need?’’ He said, ‘‘We need testing                 tator could lead to that supply being
                                                 fair, principled, evenhanded, and im-
                                                                                                         and we need PPE,’’ personal protective                 cut off at a moment’s notice.
                                                 partial Supreme Court Justice.
                                                   In closing, let me say that we have                   equipment, almost all of which is made                   When our allies are looking to adver-
                                                 scheduled the hearings of the Judiciary                 overseas in China.                                     saries for our most basic needs like
                                                 Committee to begin on March 21. That                      China, as it turns out, held on to                   heating, electricity, fuel, it creates
                                                 is 24 days after President Biden an-                    most of the supply for its own hospitals               huge vulnerabilities and sky-high
                                                 nounced his nominee.                                    and healthcare workers, leaving the                    prices at the same time.
                                                   The previous Justice nominated for                    rest of the world to compete for the                     This was underscored in January of
                                                 the Supreme Court, Amy Coney Bar-                       limited supply that remained.                          2009, when Russia effectively turned
                                                 rett, under President Trump, was                          Suddenly, we were unable to provide                  the gas off to Ukraine for almost 3
                                                 brought to the committee for a hearing                  our healthcare providers with the per-                 weeks. This affected at least 10 coun-
                                                 in 16 days. So we are certainly within                  sonal protective equipment they need-                  tries in Europe whose natural gas trav-
                                                 the window and beyond it in producing                   ed to protect themselves while they                    eled through Ukraine. Russia is still
                                                 Judge Jackson on the 24th day.                          served others—namely, the rest of us,                  the dominant gas supplier for Europe,
                                                   We are also providing materials that                  their patients.                                        including Ukraine. Last year, Russia
                                                 have been requested, including docu-                      As supply chain struggles grew and                   supplied 40 percent of Europe’s natural
                                                 ments from the U.S. Sentencing Com-                     expanded, it wasn’t just medical equip-                gas.
                                                 mission, of which Judge Jackson was a                   ment that proved to be a problem. Ev-                    In 2020, Russia was the third largest
                                                 member.                                                 erything from cleaning products to                     producer of petroleum and other liquid
                                                   She will produce 12,000 pages of docu-                automobiles were impacted.                             fuels and the second largest producer of
                                                 ments that are going to chronicle what                    We began to realize that one of the                  natural gas. This gives Vladimir Putin
                                                 happened in the Commission while she                    biggest vulnerabilities is semiconduc-                 a tremendous amount of not only
                                                 was serving. They include minutes and                   tors, which are critical components for                power but ready cash. And as we are
                                                 the Board’s discussions of the impor-                   our most used products: things like                    seeing on our TV screens, that money
                                                 tant issues that are before us.                         smart phones, computers, televisions,                  is being used for the most nefarious of
                                                   Lucky for all of us, it is a very trans-              cars, airplanes, cell towers, and just                 purposes: to kill innocent Ukrainian ci-
                                                 parent Agency, and they have lived up                   about everything else with an off-and-                 vilians.
                                                 to that transparency with this disclo-                  on switch.                                               After coming under intense pressure
                                                 sure.                                                     Again, the source of our chip supply                 by both Democrats and Republicans, I
                                                   In the meantime, the judge is going                   didn’t used to be a problem. About                     am glad that the administration has fi-
                                                 to do her best to meet with as many                     three decades ago, the United States                   nally announced a ban on Russian oil
                                                 Senators     as    possible.    She    has              manufactured 37 percent of the world’s                 imports into the United States.
                                                 prioritized those members of the Sen-                   semiconductors. But as our reliance on                   We know exactly where the money
                                                 ate Judiciary Committee on the right                    these chips has gone up, our production                they get from selling this commodity
                                                 and on the left, Democrats and Repub-                   has gone down; and today, instead of 37                is going, and we cannot continue to
                                                 licans, as well as other leaders in the                 percent of the world’s semiconductors,                 supply Putin with blood money.
                                                 U.S. Senate.                                            the United States produces only 12 per-                  I am disappointed it did take a while
                                                   She is available, and I am certain                    cent of the global share.                              for the President to see the merits of
                                                 that if my colleagues are fair in their                   Again, these microcircuits have be-                  this action and only after it was clear
                                                 appraisal, they will come to the same                   come invaluable in this technological                  that Congress, on a bipartisan basis,
                                                 conclusion that I have come to. She is                  age because, literally, everything with                was prepared to act.
                                                 an excellent choice to be Justice                       an off-and-on switch requires semi-                      Our colleagues in both Chambers




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 Breyer’s successor on the Supreme                       conductors—and I mean everything.                      have produced numerous proposals to
                                                 Court.                                                    The lion’s share of semiconductor                    ban Russian imports, while pushing the
                                                   I yield the floor.                                    manufacturing—more than 60 percent                     administration to take action.
                                                   The PRESIDING OFFICER. The Sen-                       of the world’s supply—is in Taiwan,                      Over the weekend, Democrats on the
                                                 ator from Texas.                                        which, as we know, is being threatened                 House Ways and Means Committee an-
                                                                       ENERGY                            with invasion by the People’s Republic                 nounced a bipartisan bill to do just
                                                   Mr. CORNYN. Madam President, over                     of China. But it is not just the threat                that, but the press release, once posted
                                                 the last few decades, globalization has                 of armed invasion that risks that sup-                 on the website, was quickly taken



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                                                 March 8, 2022                                     CONGRESSIONAL RECORD — SENATE                                                                 S1037
                                                 down, strangely enough. Reporting in-                   of our energy sources, but those efforts               Venezuela and funnel Putin’s profits to
                                                 dicates that the White House inter-                     must not come at the cost of security.                 Maduro.
                                                 vened to get that press release taken                     Our top priority must be to ensure                     The fact the Biden administration is
                                                 down off the House Ways and Means                       that the United States and our allies                  beating down the doors of the Aya-
                                                 website because it didn’t want to look                  have reliable access to energy needed                  tollah, the Crown Prince, and Maduro
                                                 like it was being boxed into taking ac-                 to keep the lights on and their econ-                  rather than easing burdens on Amer-
                                                 tion on Russian oil imports.                            omy running. And we need to stop                       ican producers is a bad joke. It is ab-
                                                   But to his credit, once the President                 Putin and other dictators from getting                 surd. It makes no sense whatsoever.
                                                 saw the writing on the wall, he decided                 rich off of our dependence and holding                   Now, ideologues may oppose Amer-
                                                 to take action, but he made it seem                     democracies like Ukraine hostage.                      ican fossil fuels, but the administra-
                                                 like it was his idea, even though we all                  Suffice it to say that the Biden ad-                 tion’s reflexive opposition to U.S. pro-
                                                 know his hand was forced by bipartisan                  ministration has not addressed a plan                  ducers is creating serious risks for our
                                                 support in the Congress.                                to do that. From day one, the adminis-                 security, not to mention the high
                                                   There has never been a more critical                  tration has taken actions that under-                  prices that consumers pay at the pump.
                                                 moment to reevaluate our reliance on                    mine America’s energy security and                       We are blessed to live in a resource-
                                                 rogue regimes for our energy supply. If                 send even more business to Russia and                  rich country, and there is no reason to
                                                 we want to protect ourselves and our                    Saudi Arabia.                                          put the energy security of the United
                                                 allies from the whims of a power-hun-                     Only hours after being sworn in,                     States and our allies at risk because
                                                 gry dictator, we need to get serious                    President Biden cancelled the permit                   President Biden worries about angering
                                                 about energy security.                                  to the Keystone XL Pipeline and halted                 the progressive radical left of his own
                                                   In recent years, conversations about                  all new energy leasing and permitting                  political party.
                                                 energy policy have been consumed by                     on public lands and waters.                              If the Biden administration con-
                                                 debates about the environmental im-                       His administration has effectively                   tinues to wage war on American fossil
                                                 pact of fossil fuels, which are impor-                  discouraged investments in new pro-                    fuels, it will create huge vulnerabili-
                                                 tant, but often, they are not well in-                  duction here at home, and the U.S. is                  ties for the United States and our al-
                                                 formed.                                                 producing significantly less oil. It is                lies.
                                                   Some of our colleagues have proposed                  now down by 1.2 million barrels per day                  Now, I am not suggesting we revive
                                                 everything from fracking bans in the                    from pre-Biden administration days.                    the 1970s oil export ban and implement
                                                 Green New Deal to net-zero carbon                         Without question, the most logical                   isolationist energy policies, but we do
                                                 deadlines.                                              response to the current global energy                  need to take decisive action to reduce
                                                   Well, those efforts may bring down
                                                                                                         crisis is to boost production of U.S. en-              the world’s reliance on authoritarian
                                                 America’s share of global emissions,
                                                                                                         ergy sources. We can reap the economic                 regimes.
                                                 but it would come at a grave cost to
                                                                                                         benefits of strong production here at                    Just as the pandemic led us to re-
                                                 global energy security. And the truth
                                                                                                         home and supply our friends and allies                 evaluate vulnerable supply chains, this
                                                 is, whether it is the Russians or the
                                                                                                         with reliable energy around the world                  war in Ukraine has opened our eyes
                                                 Chinese or India, developing nations
                                                                                                         and, in the process, enhancing their en-               and, hopefully, given us the oppor-
                                                 with growing economies, they may pay
                                                 lip service to some of the goals of a                   ergy security, making them less de-                    tunity to reevaluate global energy se-
                                                 carbon-free future; but this is at the                  pendent on people like Vladimir Putin.                 curity.
                                                                                                           But producers aren’t able to turn on                   I hope this crisis will serve as a reset
                                                 same time that China is building more
                                                 coal-fired powerplants than any other                   a dime. They are not able to increase                  button for those energy security ef-
                                                 nation on Earth.                                        their capacity overnight; but it is im-                forts, and I hope we can find some com-
                                                   So they really say one thing and do                   portant for us to begin to take the                    mon ground between Democrats and
                                                 another, for fairly obvious reasons.                    steps now to strengthen our domestic                   Republicans to reconsider the ideolog-
                                                 They understand that constraining                       energy production in light of the devel-               ical and reflexive opposition to Amer-
                                                 your own energy supply will have a                      opments in Ukraine and in Europe.                      ican fossil fuels because the con-
                                                 negative impact on their economy and                      The sooner the Biden administration                  sequences in terms of world peace and
                                                 job growth and stability in each of                     views oil and gas producers as nec-                    energy security are too serious not to
                                                 those countries.                                        essary rather than expendable, the bet-                revisit those preconceived notions be-
                                                   But I want to be clear: I support ef-                 ter off we will all be.                                fore the Ukrainian invasion.
                                                 forts to diversify our energy sources                     That is not what the White House has                   I yield the floor.
                                                 and reduce emissions. That is why in                    suggested, by the way. In fact, they                     The PRESIDING OFFICER. The Sen-
                                                 Texas we embraced what is called ‘‘all                  seem to be suggesting a completely dif-                ator from Wyoming.
                                                 of the above’’ as an energy strategy                    ferent route.                                            Mr. BARRASSO. Madam President, I
                                                 that includes oil and gas, nuclear,                       The Biden administration doesn’t                     come to the floor first to associate my-
                                                 wind, solar, you name it. We embrace                    want to supply Europe with more                        self with the remarks of the distin-
                                                 all of it.                                              American energy; he wants to help                      guished senior Senator from Texas, and
                                                   But we have learned a long time ago                   them shift their reliance from one oil-                I agree completely with his comments
                                                 that solar and wind energy are depend-                  rich dictator to another. Good-bye,                    regarding what is happening right now
                                                 ent on the weather, for example, or the                 Russia; hello, Iran; hello, Venezuela.                 in Ukraine on the ground and what is
                                                 time of day, because the Sun doesn’t                    The administration is looking to other                 happening with energy in America and
                                                 always shine and the wind doesn’t al-                   rogue regimes to supply the energy                     our need to become energy independent
                                                 ways blow. That is why you need a reli-                 that should be produced here in Amer-                  again. To go from this current position
                                                 able base load of electricity and en-                   ica.                                                   of what had previously been energy
                                                 ergy, primarily fuel from natural gas,                    The White House is trying to revive                  dominance to now energy dependence—
                                                 some from nuclear and the like.                         the ill-considered Iran nuclear deal,                  we need to return to the days of energy
                                                   On top of that diversification of your                and the White House press secretary                    dominance for the United States be-
                                                 energy supply which has proven to be                    acknowledged that a new deal would                     cause it is not just about our national
                                                 so important and so successful in re-                   mean more oil from Iran for global                     security, it is about security for our
                                                 ducing emissions yet maintaining en-                    markets.                                               friends and allies around the world so
                                                 ergy security, Texas companies are                        It is reportedly considering a trip to               they don’t have to be dependent on the




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 also making serious strides in energy                   Saudi Arabia to ask the Kingdom to                     likes of the killer and the thug Vladi-
                                                 innovation. We are finding new ways to                  pump more oil—not here in America,                     mir Putin.
                                                 sequester carbon emissions, for exam-                   but go to Saudi Arabia, hat in hand,                     So I come to the floor today to talk
                                                 ple, and other ways to make our most                    and say: Will you please produce more                  about what is going on in Ukraine and
                                                 available and affordable energy sources                 oil to help us bring down the price of                 the war in Ukraine and the global im-
                                                 cleaner.                                                gasoline?                                              plications thereof.
                                                   I believe we need to do more to en-                     We even hear that the Biden adminis-                   Right now, the world is watching in
                                                 courage innovation and diversification                  tration is trying to ease sanctions on                 horror as Vladimir Putin continues



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                                                 S1038                                             CONGRESSIONAL RECORD — SENATE                                                      March 8, 2022
                                                 with his onslaught. Russia has now                        At the same time, it has become                      ezuela, they say; or don’t buy any at
                                                 shelled two nuclear facilities. Russia                  nearly impossible to build a natural                   all.
                                                 continues to attack civilian targets.                   gas pipeline in the United States. You                   On Thursday, the Secretary of Trans-
                                                 Russia has allegedly used cluster                       say: No, it can’t be possible. Well, the               portation said a possibility was ‘‘work-
                                                 bombs near schools and hospitals. We                    President’s lackeys—lackeys—on the                     ing out something with Iran.’’ Remem-
                                                 know that dozens of children have been                  Federal Regulatory Commission re-                      ber those people? They are the ones
                                                 killed. Russian troops have even at-                    cently decided to change their approval                who every Friday have a demonstra-
                                                 tacked an orphanage and a kinder-                       process for natural gas pipelines. As                  tion where they chant ‘‘death to Amer-
                                                 garten. It is heartbreaking, and it is                  Putin’s army surrounded Ukraine, Joe                   ica’’ and burn the American flag. He
                                                 also barbarism straight out of Hell.                    Biden’s lackeys on the FERC changed                    wants to work something out with
                                                   The world is right to be outraged by                  the way they approved pipelines. They                  them.
                                                 these vicious attacks, and we know                      did it as inflation hit record-high num-                 Let me remind the people who are
                                                 how these attacks have been paid for.                   bers, with war looming in Europe. It is                watching that Iran is the No. 1 state
                                                 We know how Vladimir Putin has fund-                    astonishing. JOE MANCHIN called them,                  sponsor of global terrorism. Iran is on
                                                 ed his aggression. These atrocities were                as did I, as the chairman and ranking                  the verge of a nuclear weapon. Now
                                                 all paid for through Russian energy.                    member of the Senate Energy Com-                       Democrats want to give Iran a windfall
                                                 Energy is the reason that Vladimir                      mittee—called them in front of the                     of American dollars.
                                                 Putin can afford to invade Ukraine. It                  committee last week, a hearing last                      The last time Democrats bribed Iran,
                                                 is the cash cow that drives his mili-                   Thursday—and asked them to explain                     the Secretary of State was John Kerry.
                                                 tary—oil and gas from Russia. Half of                                                                          He admitted right out that some of the
                                                                                                         themselves, why this attack on Amer-
                                                 Russia’s economy is based on energy,                                                                           money would go to terrorists, and we
                                                                                                         ican energy.
                                                 and nearly half of Europe’s imports of                    You know, our country produced lots                  know that some of it did. Democrats
                                                 energy come from Russia. So, as I said,                 of oil before COVID. We are producing                  signed the check anyway. Pallets of
                                                 energy is the cash cow that has funded                  some now, but we are still a million                   cash were delivered to Tehran. Now
                                                 the war.                                                barrels a day below where we were dur-                 Democrats are talking about doing it
                                                   Russia is the No. 2 producer of crude                                                                        all over again.
                                                                                                         ing the peak prior to COVID. So when
                                                 oil in the world, and Putin is the No. 1                                                                         Oh, and think about John Kerry.
                                                                                                         supply and production at home is
                                                 rival to the United States in terms of                                                                         What did he say in an interview with
                                                                                                         down, prices go up.
                                                 energy production. Well, under Joe                                                                             the BBC just a week and a half ago, as
                                                                                                           Earlier today, gasoline prices hit the
                                                 Biden as President, there has been a lot                                                                       Russian troops were on the border sur-
                                                                                                         highest price ever—ever—but prices
                                                 less competition for Vladimir Putin. It                                                                        rounding Ukraine? He said he hoped
                                                                                                         were way up even before Russia in-
                                                 is not for lack of American energy re-                                                                         that what was happening there ‘‘did
                                                                                                         vaded Ukraine. The day Joe Biden took
                                                 sources, and it certainly is not for lack                                                                      not distract’’—‘‘did not distract’’—
                                                                                                         office, gas prices were $2.38 per gallon
                                                 of American energy workers. No, it is                                                                          from the climate agenda. Oh yeah, we
                                                                                                         nationwide. Today, the average is $4.17.
                                                 because of the reckless policies of                                                                            wouldn’t want the death of all those
                                                                                                         It cost more than $5 a gallon in left-
                                                 President Joe Biden and this adminis-                                                                          people to distract from your agenda,
                                                                                                         wing California. They may be happy to                  Mr. Kerry, former Senator Kerry,
                                                 tration.
                                                   On Friday last week, I was in Chey-                   pay the price. People in Wyoming are                   former Secretary of State. But he is
                                                 enne, WY, at the State capital, where I                 not, where they drive lots of miles to                 not just the former, he is the current
                                                 spent 5 years as a State senator prior                  and from work. In Wyoming, the num-                    climate spokesman for this administra-
                                                 to coming to the U.S. Senate. Every                     ber of miles driven is the highest per                 tion. He is the voice of climate in this
                                                 member of the Wyoming Legislature,                      capita anywhere in the country.                        administration. So that must mean
                                                 Republican and Democrat alike, under-                     We know what happens to families
                                                                                                                                                                that Joe Biden doesn’t want it to dis-
                                                 stands fully that the resources we need                 when gas prices go up and they have to                 tract from his climate agenda either.
                                                 to power our country are here in the                    put more money in the tank that could                    It is time to wake up.
                                                 United States. We have the energy in                    have otherwise been used for food, for                   Over the weekend, the Biden admin-
                                                 the ground. Yet this administration is                  clothing, for school supplies for the                  istration officials went to Venezuela.
                                                 not allowing us to use it. We have the                  kids.                                                  According to media reports, they dis-
                                                 workers ready to go, plenty in Wyo-                       I understand that a gallon of gas in                 cussed easing sanctions on Venezuelan
                                                 ming and around the country. The                        Los Angeles now is at $7.                              oil.
                                                                                                           Last year, a typical working family                    Nicolas Maduro is one of the world’s
                                                 Biden administration continues to
                                                                                                         paid about $1,000 more to fill their tank              biggest cheerleaders for you know who?
                                                 block us from producing more Amer-
                                                                                                         over the course of the year than they                  Vladimir Putin. He supports Russia’s
                                                 ican energy.
                                                   Those legislators I talked to on Fri-                 did the year before Joe Biden became                   war in Ukraine. He apparently called
                                                 day—they know. Every one of them                        President. It is a direct result of the                the Kremlin to say that just this past
                                                 knows that on Joe Biden’s first day in                  policies of this administration. And                   week.
                                                 office, he killed the Keystone XL Pipe-                 this year, it is likely to be a lot higher               This means that the Biden adminis-
                                                 line. They know because they follow                     because this administration’s policies,                tration is actually actively considering
                                                 the news, and they know because Joe                     environmental-extremist driven, are                    and pursuing, as they were on Satur-
                                                 Biden bragged about it. He said: Look                   making energy at home much more ex-                    day, replacing oil from Russia with oil
                                                 at me, I am going to kill the Keystone                  pensive.                                               from a Russian client state in our own
                                                 XL Pipeline. And he did with an Execu-                    So today, after 2 weeks into the war,                hemisphere. It is bad energy policy. It
                                                 tive order on day No. 1.                                Joe Biden has announced a ban on Rus-                  is bad foreign policy. It almost seems
                                                   Since then, he has blocked oil and                    sian oil. It is about time.                            to be something out of ‘‘Alice in Won-
                                                 gas leases on public land. Quarter after                  On Saturday, a number of us were in                  derland.’’ Yet, it still makes more
                                                 quarter after quarter—we are now in                     a Zoom call with President Zelenskyy,                  sense than the third idea that Demo-
                                                 the fifth quarter in a row where he has                 the brave, heroic, courageous President                crats are floating: Let’s just let energy
                                                 blocked all oil and gas leases on public                of Ukraine. He said:                                   prices go higher and higher.
                                                 land. No auctions for those leases have                   If [we] had started sanctions months ago,              The White House Press Secretary
                                                 been held.                                              there would not have been a war.                       said that we should just stop using oil
                                                   He also stopped exploration in the                      Now the question is, What is going to                altogether. She says the solution to




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 Arctic. The Russians are exploring for                  replace the Russian oil? Because up                    high gas prices and war in Europe is
                                                 energy in the Arctic, but, no, not Joe                  until today, Joe Biden was eager to                    just stop using gas. This is delusional.
                                                 Biden. Nope. After you, Mr. Putin. You                  buy Russian oil—eager. So the question                 The idea that we can immediately
                                                 go get it and sell it. And we know how                  is, What is going to replace the Russian               transition away from oil and gas is a
                                                 he is using the money. So Joe Biden de-                 oil? Well, it darn well ought to be                    fairy tale. It is a dangerous fairy tale
                                                 cides he wants to handcuff America                      American oil. Democrats have basi-                     at that.
                                                 from doing the same thing—exploring                     cally floated a couple of proposals. Buy                 None of these three solutions pro-
                                                 for energy in the Arctic.                               it from Iran, they say; buy it from Ven-               posed by the Democrats is in the best



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                                                 March 8, 2022                                      CONGRESSIONAL RECORD — SENATE                                                                 S1039
                                                 interest of our Nation, our Nation’s en-                 mined by the majority leader or his                    particularly in rural Iowa, whom I hear
                                                 ergy security, or our Nation’s national                  designee following consultation with                   about, have told me, if DIR fee
                                                 security. Oil from Iran and oil from                     the Republican leader; finally, that                   clawbacks do not get under control,
                                                 Venezuela is just as dangerous as oil                    there be 2 minutes for debate, equally                 pharmacists will not survive. Of
                                                 from Russia. Changing our entire econ-                   divided in the usual form, prior to each               course, we hear—maybe not every day,
                                                 omy overnight is not an option in the                    vote, all without further intervening                  but we hear quite often—about those
                                                 real world.                                              action or debate.                                      small pharmacists going out of busi-
                                                   There is only one answer that works,                     Also, in an effort to speed up the                   ness, and these DIR fees are often cited
                                                 and that is the answer that the Amer-                    votes, I ask unanimous consent that all                to us as one of the reasons. This will
                                                 ican people are pleading for. The solu-                  votes after the first vote be 10-minute                then leave Iowans without access to
                                                 tion to Russian oil is more American                     votes. Members should be notified to                   the local pharmacy for medication
                                                 oil. We must replace Russian oil with                    get here and to stay around so we can                  therapy management and for other
                                                 American energy. To do that, we need                     get this done.                                         care.
                                                 to produce more. We have the re-                           The PRESIDING OFFICER. Is there                        I have a bipartisan solution to solve
                                                 sources. We have the workers. We have                    objection?                                             this problem that ends DIR fee
                                                 the expertise. What we need is the lead-                   Without objection, it is so ordered.                 clawbacks.
                                                 ership out of the White House in Wash-                     Mr. SCHUMER. I yield the floor to
                                                                                                                                                                   In 2019, the senior Senator from Or-
                                                 ington, DC, and we are not getting it.                   the Senator from Iowa.
                                                                                                                                                                 egon and I negotiated and introduced a
                                                   We ought to produce enough Amer-                         The PRESIDING OFFICER. The Sen-
                                                                                                                                                                 bill that we entitled the ‘‘Prescription
                                                 ican energy to supply our allies and,                    ator from Iowa.
                                                                                                                                                                 Drug Pricing Reduction Act,’’ also
                                                 above all, to bring down prices for peo-                             PRESCRIPTION DRUG COSTS
                                                                                                                                                                 known as Grassley-Wyden. I don’t even
                                                 ple here at home. That is why I have                       Mr. GRASSLEY. Madam President,
                                                                                                                                                                 care if it is known as Wyden-Grassley.
                                                 introduced legislation called the ES-                    many Iowans rely on pharmacists who
                                                                                                                                                                 The Grassley-Wyden ends DIR fee
                                                 CAPE Act, to escape what is happening                    operate independently or as part of a
                                                                                                                                                                 clawbacks. This will reduce out-of-
                                                 with this control of our energy and the                  small community pharmacy chain.
                                                                                                                                                                 pocket expenses and provide phar-
                                                 increase in prices. It stands for Energy                 This is especially true in rural Iowa,
                                                                                                                                                                 macies with financial predictability.
                                                 Security Cooperation With Allied Part-                   but I will bet it is true in a lot of other
                                                                                                                                                                 This move may even keep rural phar-
                                                 ners in Europe. This bill expedites the                  rural States as well. In Iowa, we have
                                                                                                                                                                 macies viable.
                                                 sale of American natural gas to our                      over 300 independent pharmacists, and
                                                                                                                                                                   On top of my legislative efforts in
                                                 NATO allies.                                             many work in multiple rural commu-
                                                                                                                                                                 Grassley-Wyden, I commend the Cen-
                                                   I also led a letter with every Repub-                  nities. These pharmacies are small
                                                                                                                                                                 ters for Medicare and Medicaid Serv-
                                                 lican on the Energy Committee and                        businesses serving Iowa communities
                                                                                                                                                                 ices for issuing a proposed rule to end
                                                 sent it to President Biden the morning                   like Muscatine and Sioux City.
                                                                                                            These pharmacies want a level play-                  DIR fee clawbacks. I am not sure that
                                                 after his State of the Union Address.
                                                                                                          ing field to compete with anyone                       that proposed rule exactly does what
                                                 Our letter details 10 specific plans, 10
                                                                                                          whether that is a big chain or whether                 the Grassley-Wyden bill does, but it is
                                                 specific actions the President can take
                                                                                                          it is another independent pharmacy.                    still a step in the right direction, and I
                                                 today to produce more American en-
                                                                                                          Yet the pharmacists I hear from are                    welcome that. In welcoming it, I have
                                                 ergy.
                                                                                                          being hurt by retroactive direct and in-               submitted comments, asking the Cen-
                                                   We are much better off producing and
                                                                                                          direct remunerations. I am going to                    ters for Medicare and Medicaid Serv-
                                                 selling energy to our friends than being
                                                                                                          refer to them as ‘‘DIR’’ fees. They have               ices to strengthen the proposed provi-
                                                 forced to buy it from our enemies.
                                                   What President Biden and the Demo-                     to work with pharmaceutical benefit                    sion as much as the existing statute al-
                                                 crats don’t seem to believe is the unde-                 managers in regard to those fees, and                  lows. Of course, we ought to finalize
                                                 niable truth that energy security is na-                 there are conflicts between them that I                that proposed rule without delay.
                                                 tional security. For ourselves and for                   hear about all the time. This all deals                  In addition to ending DIR fee
                                                 our allies, we need more American en-                    with Part D Medicare plans. What I am                  clawbacks, I am committed to passing
                                                 ergy.                                                    talking about with regard to direct and                Grassley-Wyden. I hope, now that
                                                   I yield the floor.                                     indirect remunerations and these nego-                 Democrats worked on Build Back Bet-
                                                   I suggest the absence of a quorum.                     tiated fees with PBMs are what are                     ter last year with provisions that they
                                                   The PRESIDING OFFICER. The                             sometimes known as clawbacks.                          thought would reduce pharmaceutical
                                                 clerk will call the roll.                                  Every day, seniors go to the drug                    drugs—and it doesn’t seem to be mov-
                                                   The bill clerk proceeded to call the                   store, and they probably always pay a                  ing—that, instead of going the partisan
                                                 roll.                                                    copay. These seniors then rightfully                   way, they would take a look at a bipar-
                                                   Mr. SCHUMER. Madam President, I                        believe that they are paying the lowest                tisan way of trying to get something
                                                 ask unanimous consent that the order                     amount possible, but that is not always                done on prescription drugs and, at the
                                                 for the quorum call be rescinded.                        the case. After the patient pays and                   same time, end the DIR fee clawback.
                                                   The PRESIDING OFFICER. Without                         leaves the pharmacy, the Part D Medi-                    This bill, as a whole, besides dealing
                                                 objection, it is so ordered.                             care plan or a PBM, a pharmacy ben-                    with the clawbacks, will lower pre-
                                                                 ORDER OF PROCEDURE                       efit manager, contacts the local phar-                 scription drug costs in a comprehensive
                                                   Mr. SCHUMER. Madam President, I                        macist to claw back a certain amount                   manner. It actually takes on Big
                                                 ask unanimous consent that, at 4:50                      paid. That is where this DIR fee comes                 Pharma. You probably know that, in
                                                 p.m. today, all postcloture time be con-                 in. This action actually lowers the cost               this body, there are some people who
                                                 sidered expired on H.R. 3076; that                       of the drug, but the patient doesn’t                   say we should just leave Big Pharma
                                                 amendment No. 4955 be withdrawn;                         know it. Because of these DIR fees,                    alone, but I know that they do wonder-
                                                 that the bill be considered read a third                 seniors pay a lot more than they need                  ful work. I know they have to have
                                                 time; that if a budget point of order is                 to for the pills they get at the phar-                 their money for research, and I know
                                                 raised and a motion to waive made, the                   macy.                                                  they have to be able to market their
                                                 Senate vote on the motion to waive;                        One Iowa rural pharmacist told me                    products in a free market way, but
                                                 that if waived, the Senate vote on the                   that DIR fees, clawbacks, are not only                 when you have these big pharma-
                                                 passage of the bill; further, that upon                  costing the patient more in the form of                ceutical price increases maybe a couple
                                                                                                                                                                 of times a year, it is time we do some-




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 disposition of H.R. 3076 that, notwith-                  a higher copay, they are also costing
                                                 standing rule XXII, the Senate proceed                   that local pharmacy. From 2010 to 2020,                thing about it.
                                                 to executive session and vote on the                     Part D Medicare plans and the PBMs                       Besides this clawback provision,
                                                 motions to invoke cloture on Calendar                    increased the DIR fees by over—can                     Grassley-Wyden caps out-of-pocket ex-
                                                 Nos. 547 and 719; that if cloture is in-                 you believe this?—104,000 percent. DIR                 penses, eliminates the doughnut hole,
                                                 voked on any of these nominations, the                   fees now total over $9 billion a year.                 and in dealing with these price in-
                                                 Senate vote on confirmation of the                       Pharmacists, especially those oper-                    creases every year, it caps rising prices
                                                 nominations at a time to be deter-                       ating independently in rural areas but                 at the inflation price index. It also



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                                                 S1040                                             CONGRESSIONAL RECORD — SENATE                                                      March 8, 2022
                                                 brings more sunshine and account-                         For as long as I have been in Con-                   in the Postal Service Reform Act.
                                                 ability, particularly to the pharmacy                   gress, I think I have met with every                   From listening to Kansans, I have rec-
                                                 benefit managers.                                       Postmaster General, and I have really                  ognized for years that Congress must
                                                   Nobody seems to be able to tell us                    delivered two messages—one related to                  act with the Postal Service on a more
                                                 anything as to what goes on between                     this point I am making right now,                      sustainable path, and this week, the
                                                 the health insurance companies, the                     which is the solution to the Postal                    Senate will finally address this long-
                                                 pharmaceutical companies, the PBMs,                     Service’s financial condition can’t sim-               standing issue—address it in a way
                                                 and the local pharmacists and then                      ply be reducing the services. I have                   that a bill will become law.
                                                 how that affects the consumer. We                       also suggested that instead of hiring                    Congressional action on postal re-
                                                 ought to know exactly where those                       high-priced consultants, the Post-                     form will allow the Postal Service to
                                                 moneys go and what those negotiations                   master General and the Postal Service                  continue serving rural America with-
                                                 are, and Grassley-Wyden does some-                      should consult with their own employ-                  out the possibility of imminent service
                                                 thing about that.                                       ees about suggestions of how to deliver                reductions and the uncertainty of the
                                                   So I urge my colleagues to join                       better service in a more effective and                 future of the Agency.
                                                 Wyden and me in that effort.                            efficient way and save revenue.                          From the veterans waiting on crit-
                                                   I yield the floor.                                      Serving rural States like my own, I                  ical medications to be delivered from
                                                   The PRESIDING OFFICER. The Sen-                       understand well the crippling impact                   the VA, to the farmer in rural Kansas
                                                 ator from Kansas.                                       that losing postal service would have                  needing a part for his or her machin-
                                                                       H.R. 3076                         on rural communities across the coun-                  ery, to the grandparent just waiting to
                                                   Mr. MORAN. Madam President, I                         try; that is why I have repeatedly                     send a birthday card to a grandchild,
                                                 have taken the opportunity—well, all                    acted on my conversations with Kan-                    this legislation puts us on a path to
                                                 the time I have been in Congress—to                     sans by encouraging congressional                      making certain the Postal Service can
                                                 speak in support of Congress acting to                  focus on Postal Service issues and have                continue to be relied on to deliver
                                                 reform and improve the Postal Service.                  worked to get postal reform legislation                when it matters most.
                                                 I am here again today, and I am                         passed for nearly a decade.                              I thank those who work in the post
                                                 pleased with what I think is going to                     My colleague on the Senate floor                     office and the Postal Service in my
                                                 transpire here within the next hour. I                  with me this afternoon, Senator Tom                    home State of Kansas, many of whom I
                                                 again express my strong support for                     Carper of Delaware, I have joined him                  know, and—despite the challenges pre-
                                                 the Postal Service Reform Act, and I                    on many occasions in the past several                  sented because of the U.S. Postal Serv-
                                                 urge my colleagues to support this                      sessions of Congress. We are cospon-                   ice’s decisions over the past decade—
                                                 critical, important piece of legislation.               sors—lead Republican and lead Demo-                    have worked hard to make sure that
                                                   The U.S. Postal Service is an indis-                  crat—in reform legislation, and I have                 the mail is delivered and delivered on
                                                 pensable piece of American infrastruc-                  met with him and the Postmaster Gen-                   time and make sure that their cus-
                                                 ture nationwide. Back in my home                        eral of the U.S. Postal Service numer-                 tomer, the postal patron, is cared for.
                                                 State of Kansas, the rural communities                  ous times. We recognize that smart re-                   To ensure the Postal Service main-
                                                 are especially reliant on the Postal                    forms were needed to make certain the                  tains its vital public services, I urge
                                                 Service for the essential public services               Postal Service could compete in this                   my colleagues in the Senate to support
                                                 the Agency and its employees provide.                   digital age, increase revenue, and not                 the Postal Service Reform Act when it
                                                   However, due to the closure of nu-                    become a taxpayer liability.                           arrives on the Senate floor shortly for
                                                 merous rural processing facilities in                     Several provisions of the legislation                a vote.
                                                 Kansas and post office consolidations                   that Senator CARPER and I have intro-                    Madam President, I yield the floor.
                                                 and closures, the quality of service and                duced are included in the Postal Serv-                   The PRESIDING OFFICER. The Sen-
                                                 efficiency of the Postal Service has sig-               ice Reform Act we are considering                      ator from Delaware.
                                                 nificantly declined. The reduced effec-                 today:     the   elimination    of    the                Mr. CARPER. Madam President, I
                                                 tiveness of the Postal Service hurts                    prefunding requirements of retiree                     stand in solidarity with my friend from
                                                 Americans across the board, but it has                  health benefits, allowing the Postal                   Kansas. I say to Senator MORAN: Thank
                                                 the most detrimental impact on rural                    Service to enter into agreements with                  you for your great leadership and for
                                                 places like Kansas.                                     other governmental entities for new                    allowing me to be your wingman as we
                                                   For as long as I have served in Con-                  avenues of revenue, and making 6-day                   do our best, not just to save the Postal
                                                 gress, Kansans have detailed to me the                  delivery permanent by law.                             Service, but to make sure that they are
                                                 adverse impact the declining quality of                   In so many instances in my conversa-                 robust and germane to the futures—
                                                 the U.S. Postal Service has had on                      tions with Kansans at a townhall meet-                 germane to the future and integral to
                                                 their lives and have expressed the need                 ing or on the street or talking to the                 the future of our country as they have
                                                 for reforms to improve its efficacy.                    newspaper editor, the lack of timely                   been for the last 200-plus years.
                                                   The concerns I hear from Kansans                      delivery of the mail has become in-                      When folks in Delaware gathered—we
                                                 are characteristic of the larger picture.               creasingly a problem; and what would                   had about 25 men who gathered in a
                                                 The Postal Service is struggling to                     one expect when the Postal Service is                  place called Dover, DE, on December 7,
                                                 keep up with its service commitments                    closing post offices, shortening its                   1787. We voted, after debating for 3
                                                 while still maintaining fiscal stability.               hours and, most importantly, closing                   days a draft Constitution. We adopted
                                                 Over the past decade, the Postal Serv-                  processing facilities?                                 it unanimously and sent it off to the
                                                 ice has slowly—and sometimes quick-                       I hope to make the case to the U.S.                  other 12 Colonies.
                                                 ly—eliminated services; and in that                     Postal Service after passage of this leg-                One element in the Constitution that
                                                 elimination of services, it created what                islation that the postal processing fa-                was sent to us from Philadelphia by
                                                 I call a death spiral: shorter hours,                   cilities that have been closed in Kansas               our Founding Fathers was the creation
                                                 fewer post offices, mail processing fa-                 should be considered for reopening—in                  of a Postal Service—a Postal Service.
                                                 cilities further away and fewer of                      fact, should be reopened. Today, the                   It has been mentioned before that the
                                                 them.                                                   mail will leave a rural community, go                  first Postmaster General was Ben
                                                   This makes life extremely difficult                   to some neighboring State—Nebraska                     Franklin, of all people. What the
                                                 for Kansans, especially rural and high-                 or Texas or Missouri—only to be re-                    Founding Fathers had in mind was a
                                                 ly rural Kansans who rely upon the                      turned to the postal patron who lives a                way to bind us together as a country—




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 Postal Service to deliver essential                     block from the person who mailed the                   to bind us together as a country. The
                                                 items like medications because there                    letter to begin with. We need the re-                  idea of being able to communicate
                                                 simply isn’t a pharmacy for pickup de-                  turn of those postal processing facili-                through the mail, that was important;
                                                 livery nearby. And the customer looks                   ties, and their departure had dramatic                 the idea of fostering greater economic
                                                 for delivery services outside the U.S.                  and consequential effects upon the                     growth, that was important. But they
                                                 Postal Service when the service is in-                  Postal Service.                                        also were looking for a way to pull us
                                                 sufficient, and the Postal Service con-                   I am pleased that the efforts of my                  together as a new nation, and the Post-
                                                 tinues then to lose more revenue.                       colleagues and I have culminated now                   al Service was integral to doing that.



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                                                 March 8, 2022                                     CONGRESSIONAL RECORD — SENATE                                                                 S1041
                                                   Over the years, the Postal Service                    You still haven’t fully offset the                     the size of a football field—every 100
                                                 has changed. For the most part, I think                 healthcare costs for your pensioners.                  minutes. If you go out on the West
                                                 it has changed in good ways. It used to                 For us, that was a concern, but not an                 Coast, you had wildfires each year—
                                                 be people got their mail by going to                    enormous concern, because our pen-                     last year bigger than my State. Tem-
                                                 post offices that were maybe in the                     sioners had access—they were covered                   peratures in the Arctic Circle reached,
                                                 community where they lived or close                     under Medicare.                                        I think, last year, 90 degrees—90 de-
                                                 to the community where they lived,                        Unfortunately, for the Postal Serv-                  grees. There were more named hurri-
                                                 but they had to go to the post office to                ice—the Postal Service has paid into                   canes in the last year than any year in
                                                 get it.                                                 Medicare for years for their employees.                history. The hottest summers on
                                                   Eventually, the mail was delivered to                 Unfortunately, when those retirees                     record.
                                                 farms and to homes and to businesses                    reach the age of 65, they don’t have full                Something is going on here, and what
                                                 across the country, and people didn’t                   access to the full benefits of Medicare.               it is, is way too much carbon in the air.
                                                 have to leave their homes to get the                    That is not right. These are benefits                  A lot of that carbon is coming from
                                                 mail. There was a time, not that long                   paid for by the employee of the Postal                 mobile sources, including the vehicles
                                                 ago, when we didn’t have the internet,                  Service, and this legislation fixes that               we drive, including the fleets like the
                                                 and if we wanted to communicate—we                      to make sure that the right thing is                   Postal fleet. The Postal Service’s fleet
                                                 wanted to send letters to people or                     done. The benefits that have been paid                 is about 25 years old on average. They
                                                 cards to people, a lot of gifts to peo-                 for through Medicare are actually in-                  have the opportunity here to update
                                                 ple—we would use the Postal Service.                    ured to and flow to the pensioners of                  that. The cost of moving to electric ve-
                                                   Today, we can use the internet. The                   the Postal Service.                                    hicles and having charging stations is a
                                                 internet doth taketh from the Postal                      The other thing that I would mention                 cost that the Postal Service says—I
                                                 Service—taketh and giveth away. A lot                   is 6-day service. I used to see—good                   think somewhat generously—that we,
                                                 of folks, well, they just hit a ‘‘send’’                service by the Postal Service would be                 as taxpayers, need to help underwrite
                                                 button for a birthday card or a Christ-                 maybe 1-day service for local maybe in                 that cost.
                                                 mas card or any kind of holiday card.                   the same city, 2-day service maybe to                    Having said that, the Postal Service
                                                 They used to send the actual cards; a                   other parts of the State, 3-day service                and their calculation for buying gas
                                                 lot of people don’t do that anymore.                    coast-to-coast; and the legislation that               and diesel-fired vehicles to replace
                                                   If you look at the financial condition                is before us today calls for delivery                  their fleet, I believe—my under-
                                                 of the Postal Service, one of the things                within 6 days. For me, that is not good                standing is they are using, as an as-
                                                 that has happened most noticeably in                    enough, and my hope is we can come                     sumption for the cost of gas and diesel
                                                 the last 10, 15, 20 years is a drop in first            back and somehow better replace or                     fleet, $2 a gallon charge for gas and die-
                                                 class mail, and a large part of that is                 better restore the term service.                       sel going forward—$2. We would like to
                                                 from the internet. I would like to say                    Having said that, the Postal Service                 see $2, wouldn’t we? That is just basi-
                                                 again the internet taketh and it giveth                 has a Board of Governors; and every                    cally understating by half the cost of
                                                 away.                                                   now and then, Presidents have the op-                  gas and diesel for future of the fleet,
                                                   One of the great things that comes                    portunity to nominate people to serve                  and that needs to be fixed.
                                                 out of the internet is that a lot of peo-               on the Board of Governors. We have the                   We have a great opportunity to make
                                                 ple are ordering items over the inter-                  opportunity to vote them up or down.                   sure that the Postal Service is not just
                                                 net for purchase. A lot of people order                 We need people on the Board of Gov-                    delivering the mail rain, snow, or
                                                 food, but a lot of people order clothes;                ernors who are very good at figuring                   shine, but they are also doing so in a
                                                 they order shoes; they order all kinds                  out: How do we help the Postal Service                 way that helps us on the climate crisis
                                                 of things. And you know who has a                       monetize the burden of going to every                  side. We can do both, and we need to do
                                                 chance to deliver it? The Postal Serv-                  single mailbox in the country 6 days a                 both.
                                                 ice. The Postal Service delivers, not                   week? How do we do that? How do we                       I will close by saying this: I want to
                                                 just 1 day a week, but 7 days a week.                   help the Postal Service turn that into                 thank and applaud the leadership of
                                                 They are omnipresent.                                   financial opportunity, much as they                    our chair and ranking member of the
                                                   And as we hear Johnny Cash—every                      have with UPS and FedEx? And are                       committee of jurisdiction here—our
                                                 time I turn on my TV, I hear Johnny                     there other ways, as well? Delivering                  chair, GARY PETERS, and ranking mem-
                                                 Cash singing ‘‘I’ve Been Everywhere,                    medicines is a great example there, and                ber, ROB PORTMAN. Thank you and your
                                                 Man,’’ and the Postal Service still goes                there are other examples—vote by                       staffs for your work on this and for a
                                                 everywhere, man.                                        mail. I think we are only scratching                   lot of other folks who have worked on
                                                   They also have a great partnership                    the surface on vote by mail. Those are                 this before—most certainly, JERRY
                                                 with—believe it or not—UPS and a                        all ideas that help the Postal Service                 MORAN and his team.
                                                 great partnership with FedEx. FedEx                     monetize and realize revenue from this                   I especially want to thank the mem-
                                                 and UPS, they don’t want to go to                       responsibility to go to every mailbox in               bers of my staff who have worked on
                                                 every mailbox in the country every                      the country.                                           these issues forever.
                                                 day. The Postal Service does it at least                  One last thing I would mention that                    And my friend SUSAN COLLINS—
                                                 6 days a week. And what the Postal                      is not in this legislation is postal vehi-             SUSAN is not on the floor right now,
                                                 Service does in a partnership with UPS                  cles—postal vehicles. There are a                      our Senator from Maine—but she has
                                                 and FedEx is take a handoff and deliver                 bunch of them—I think well over                        spent, God knows, plenty of time and
                                                 the last mile, last 5 miles, last 10 miles              150,000 across the country. Almost                     effort working with me and others on
                                                 to the places that the Postal Service is                every one is gas- and diesel-driven.                   these issues.
                                                 going to go to anyway.                                    You have seen others—UPS, FedEx,                       This is not the end. This is not the
                                                   I mean, one of the challenges that                    Amazon, others with big fleets—are                     end in terms of what we need to do on
                                                 the Postal Service has had to try to                    transitioning away from gas and diesel,                Postal. This is maybe the beginning of
                                                 balance their books, their finances,                    and they are doing it rather quickly.                  the end; this the end of the beginning,
                                                 comes—I remember when I was Gov-                        We are seeing the same kind of trans-                  but it is a good end of the beginning.
                                                 ernor of Delaware and going to the rat-                 formation in the vehicles that we                      We need to build on this and go forward
                                                 ing agencies, and the rating agencies                   drive. Why is it important? Because we                 on this, and I hope and pray that that
                                                 said to us—before they lowered our                      have way, way, way too much carbon                     is exactly what we do.




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 credit rating a long time ago—they                      dioxide in the air. It is creating not                   I yield the floor.
                                                 said: You don’t have a pension fund.                    just climate change, but it is creating                  The PRESIDING OFFICER (Mr. MUR-
                                                 You haven’t funded your pension costs                   a climate crisis.                                      PHY). The Senator from Rhode Island.
                                                 for your pensioners. And so we created                    My State—we are the lowest lying                       Mr. REED. Mr. President, I notice
                                                 a pension fund fully funded.                            State in the country. My State is sink-                the arrival of Senator HAWLEY. I think
                                                   After we had done that—later on, we                   ing. The seas around us are rising.                    we are both prepared at this point for
                                                 finally got a AAA credit rating years                   Down in Louisiana, every 100 minutes,                  me to make a unanimous consent re-
                                                 later. One of the things they said is:                  they lose a piece of land to the ocean                 quest, and I would like to do so now.



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                                                 S1042                                             CONGRESSIONAL RECORD — SENATE                                                      March 8, 2022
                                                   UNANIMOUS CONSENT REQUEST—EXECUTIVE                   year. That turns out to have been a                    the space of barely 6 months. The Af-
                                                                 CALENDAR                                very poor decision.                                    ghanistan debacle is the worst foreign
                                                    Mr. President, I ask unanimous con-                    Now, today, deterrence having failed,                policy debacle in this country’s history
                                                 sent that the Senate proceed to execu-                  the Russians engaged in an illegal in-                 since Vietnam—although stay tuned,
                                                 tive session to consider the following                  vasion of a sovereign nation, threat-                  the way this administration is going—
                                                 nominations: Calendar Nos. 599, 477,                    ening the stability of Europe, the secu-               and what has this Congress done about
                                                 and 472; that the nominations be con-                   rity of Europe, and, of course, endan-                 it? Who has been held accountable for
                                                 firmed; the motions to reconsider be                    gering our own national security, what                 it?
                                                 considered made and laid upon the                       is the President doing? What is Presi-                   I have come to this floor over and
                                                 table with no intervening action or de-                 dent Biden doing? Is he turning back                   over and over to ask for account-
                                                 bate; that no further motions be in                     on American energy production? Is he                   ability. Has someone been fired? No.
                                                 order to the nominations; that any re-                  sanctioning the Russian energy sector?                 Has someone been relieved of duty? No.
                                                 lated statements be printed in the                      No.                                                      I was here just a few weeks ago after
                                                 RECORD; and that the President be im-                     Just today, finally, he was dragged                  the Washington Post reported on a
                                                 mediately notified of the Senate’s ac-                  kicking and screaming to finally agree                 2,000-page investigation done by Cen-
                                                 tion and the Senate resume legislative                  that this country will no longer import                tral Command into the fall of Afghani-
                                                 session.                                                Russia’s blood oil. Remember, he had                   stan. Since that time, my team and I
                                                    The PRESIDING OFFICER. Is there                      us importing over 670,000 barrels of                   have been through all 2,000-plus pages.
                                                 objection?                                              Russian oil every single day. Today, he                  I would just like to point out that we
                                                    Mr. HAWLEY. Mr. President.                           announced finally, belatedly, we won’t                 learned about this investigative report
                                                    The PRESIDING OFFICER. The Sen-                      do that anymore. But what is he doing                  not from a hearing conducted by this
                                                 ator from Missouri.                                     instead? He is going to every petty dic-               body but from an investigative report
                                                    Mr. HAWLEY. Mr. President, reserv-                   tator on the face of the map and beg-                  by a newspaper. I am glad somebody
                                                 ing the right to object, I want to say at               ging them to make up the difference.                   has some interest in what happened in
                                                 the outset that it is always a privilege                We learned that the President’s team                   Afghanistan. Sadly, it seems not to be
                                                 to work with Senator REED on the                        has been in touch with Maduro’s re-                    this Chamber.
                                                 Armed Services Committee in every                       gime—the murderous Maduro regime—                        Here are some of the things that we
                                                 capacity we get to work together, and                   in Venezuela and is preparing to offer                 learned in this 2,000-page investigative
                                                 I look forward to that going forward.                   them a special package that will ease                  report about Afghanistan:
                                                    What we are being asked to do—the                    the restrictions, ease the sanctions,                    We learned from GEN Scott Miller,
                                                 Senate is being asked to do today, how-                 ease the punishment on that outlaw re-                 who was the commander of U.S. forces
                                                 ever, is to fast-track nominees for lead-               gime and get them to make up the dif-                  in Afghanistan in early 2021, that he
                                                 ership positions in the Department of                   ference in oil production from Russia.                 was extremely worried from May 2 on-
                                                 Defense to carry out a foreign policy                     We learned that the President is po-                 ward as he saw key districts fall. In
                                                 that is manifestly failing. This admin-                 tentially planning a trip to Saudi Ara-                fact, General Miller testified to us that
                                                 istration is careening from one crisis                  bia to ask the Saudis to increase their                he warned Secretary Austin and Gen-
                                                 to another, endangering the security of                 oil production to make up the dif-                     eral Milley, Chairman of the Joint
                                                 the American people, endangering the                    ference from the Russians. I wonder if                 Chiefs, as early as March or April that
                                                 security of the world.                                  the topic of Jamal Khashoggi will                      the Afghan security forces might col-
                                                    When the Senator mentioned just a                    come up in those meetings. I certainly                 lapse rapidly once we withdrew forces.
                                                 moment ago the situation in Ukraine,                    hope it will.                                            Now this report documents it and
                                                 you don’t have to look any further                        President Biden once said that he                    says, indeed, there is evidence that he
                                                 than there to see the crisis—the latest                 would make Saudi Arabia ‘‘pay the                      was very worried, that he was warning
                                                 crisis that the Biden administration                    price, and make them in fact the pa-                   that the collapse of Afghanistan would
                                                 has led this Nation into.                               riah that they are.’’ I guess that is no               come quickly, he was warning that it
                                                    To begin with, the administration                    longer the policy of the U.S. Govern-                  would be imminent. But what did the
                                                 failed to deter Vladimir Putin and his                  ment because here is what we are re-                   Biden administration do? Did they
                                                 Russian invasion before it happened.                    duced to under this administration: We                 order the evacuation of our civilians?
                                                 They failed to actually check Putin                     are reduced to begging our enemies—                    Did they plan for the possible fall of
                                                 when it would have really mattered.                     our enemies, the dictators of the                      the Afghan Government? No. The re-
                                                    How did they do this? Well, for start-               world—we are reduced to begging them                   port goes on to detail that the National
                                                 ers, when President Biden came to of-                   to bail out a foreign policy that is fail-             Security Council and the State Depart-
                                                 fice, he opened up Russia’s pipelines,                  ing, not least because this administra-                ment showed a total lack of urgency
                                                 and then he shut down America’s pipe-                   tion will not allow American workers                   right up until the final hours before
                                                 lines. He handed our energy independ-                   to turn on American energy.                            the fall of Kabul.
                                                 ence that the Senator was just men-                       I take it from the President’s re-                     We learned that RDML Peter Vasely,
                                                 tioning—he handed our energy inde-                      marks and from the President’s policy                  who took over for General Miller last
                                                 pendence away. He gave it away. And                     that he has no objection in principle to               spring and commanded U.S. forces in
                                                 who stepped in to fill the void? The                    pumping more oil and gas. Apparently                   Afghanistan during the final stages of
                                                 Russians.                                               he doesn’t, so this can’t be about cli-                the withdrawal, provided assessments
                                                    What is Russia? It is not so much a                  mate change. He is fine with more oil                  weeks before the fall of Kabul that the
                                                 country as it is a gas station, and                     production but not in this country, not                trajectory of Afghanistan was in a
                                                 Putin is pumping and pumping and                        by American workers. Heaven forbid                     downward spiral—this is a quote from
                                                 pumping. What is financing his war in                   American workers be put back to work.                  the report—and was likely not recover-
                                                 Ukraine? It is not least our energy                     Heaven forbid American workers actu-                   able.
                                                 policies that are giving away our en-                   ally earn more. Heaven forbid the                        The report goes on to say this: Rear
                                                 ergy independence, giving away our en-                  American people be able to pay less at                 Admiral Vasely ‘‘was trying to get the
                                                 ergy dominance, and green-lighting his                  the pump, as Joe Biden’s prices drive                  Ambassador to see the security threat
                                                 energy production. That is what Joe                     gas prices through the roof. No, this is               for what it really was.’’ There were as
                                                 Biden did when he first came to office—                 the policy of weakness, fecklessness                   many as 10 districts falling every day,




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 green-lighting his production, shutting                 that this President has given us.                      getting closer and closer to Kabul.
                                                 down our production.                                      Let’s not forget where it began. It                  ‘‘The embassy needed to position for
                                                    But what else? President Biden had                   began with Afghanistan. And that is                    withdrawal, but the Ambassador didn’t
                                                 the opportunity to provide lethal mili-                 the reason I am here on the floor today                get it.’’
                                                 tary aid to Ukraine last spring when                    in particular.                                           These are just a few of the details in
                                                 the Ukrainians first requested it. He                     It has been months now—months—                       this 2,000-page report showing that our
                                                 said no. In fact, I believe he said no re-              since the fall of Afghanistan. This ad-                military commanders warned over and
                                                 peatedly for much of the year last                      ministration has lost two nations in                   over and over that Kabul was on the



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                                                 March 8, 2022                                     CONGRESSIONAL RECORD — SENATE                                                                S1043
                                                 verge of collapse, that the security                    Missouri was trying to convey is ‘‘do                  and he would become the Assistant
                                                 dangers were mounting, that civilians                   our job.’’ One of our fundamental jobs                 Secretary of the Air Force for Man-
                                                 needed to be evacuated, and that we                     is to review, vote on, and confirm or                  power and Reserve Affairs, the senior
                                                 needed to change course, and this ad-                   not confirm nominees to critical posi-                 official within the Department of the
                                                 ministration did nothing. What hap-                     tions in the Department of Defense,                    Air Force with responsibility for mili-
                                                 pened as a result? Thirteen service-                    and this effort has completely frus-                   tary and civilian personnel policy and
                                                 members are dead, including one from                    trated that goal of doing our job.                     the readiness of Air Force and Space
                                                 my own State.                                             We have seen repeated blockage of                    Force personnel.
                                                   I will never forget talking to his fam-               nominees who are fully qualified, forc-                  Ms. Rachel Jacobson was reported
                                                 ily, his father, less than 48 hours after               ing votes—and the gentleman from                       out of the committee in October of last
                                                 this young man, LCpl Jared Schmitz,                     Missouri is talking about we should                    year, and she would become the Assist-
                                                 lost his life, along with 12 others who                 have had votes this week—forcing                       ant Secretary of the Army for Energy,
                                                 bravely served this country, giving the                 votes because one or two people object.                Installation, and the Environment. She
                                                 uttermost of their devotion. But it                     And, of course, the final outcome is 90                will be responsible for managing the
                                                 didn’t have to be that way.                             votes, 85 votes in favor of the nominee.               Army’s physical footprint and, particu-
                                                   Here is my point: This body should be                   The will of the Senate was very clear:               larly, she will oversee contracts that
                                                 hearing from these commanders, from                     These people should be in their office,                would increase installation resilience
                                                 these men and women who have testi-                     doing their jobs, helping us maintain                  and the modernization of Army infra-
                                                 fied in this report, who have given evi-                our security, not subject to the whims                 structure, particularly with regard to
                                                 dence about what happened in Afghani-                   and the will of one or two people.                     energy, which is one of the issues that
                                                 stan. We should be hearing from them                      The nominees I just referred to are                  we are talking about with great em-
                                                 in public, under oath—no more private                   three individuals nominated to critical                phasis today and in the proceeding sev-
                                                 briefings; no more closed-session brief-                positions within the Department of De-                 eral weeks.
                                                 ings. We should hear from Secretary                     fense. The Armed Services Committee                      All of these positions are critically
                                                 Austin. We should hear from General                     held hearings on all three of these                    important to the Department of De-
                                                 Milley. We should hear from the com-                    nominations months ago, and all three                  fense. And I am unaware of any sub-
                                                 manders—General Miller—under oath.                                                                             stantive objection to these nominees
                                                                                                         were reported out of the committee by
                                                 They should come and testify about                                                                             on the basis of their qualifications. The
                                                                                                         voice vote. I am unaware of any objec-
                                                 this report.                                                                                                   sooner they assume their offices, the
                                                   We should do our job, and until we                    tions to these nominees relating to
                                                                                                         their qualifications for the positions                 better for the Department’s ability to
                                                 do, I will not consent to allow the Sen-                                                                       tackle the challenges on behalf of serv-
                                                 ate to bypass regular order and fast-                   for which they have been nominated.
                                                                                                           I need not remind my colleagues that                 icemembers and their families.
                                                 track the nominations of yet more                                                                                I also think it is important to recog-
                                                 leadership positions to continue car-                   with Russia’s invasion of Ukraine, a
                                                                                                         war of choice against a modern, func-                  nize some of that discussion about the
                                                 rying on a failed policy. I will not do it.                                                                    situation in Ukraine. The Biden admin-
                                                   There is a crisis in Ukraine. There is                tioning democracy, how critical it is to
                                                                                                         have people in place in the Department                 istration sent $650 million in aid—mili-
                                                 a crisis in Afghanistan. Crises multiply
                                                                                                         of Defense.                                            tary assistance and aid—to the Ukrain-
                                                 across the world at the hands of this
                                                                                                           It is very difficult to complain about               ian Government in the last year, far
                                                 administration, and still, this Congress
                                                                                                         the policy of the administration when                  surpassing anything that was done in
                                                 refuses to reverse course and refuses to
                                                                                                         there has been a deliberate attempt for                the Trump administration. In fact, we
                                                 provide the most basic oversight that
                                                                                                         more than a year to delay critical                     spent many hours here on the floor of
                                                 it is charged with providing.
                                                   I don’t think it is too much to ask, in               nominees from taking their position in                 the U.S. Senate in an impeachment
                                                 the face of this, in the face of these dis-             that Department.                                       proceeding based on what many of us
                                                 asters, that we have the curiosity to at                  And, more importantly, I think this                  thought was the attempt by then-
                                                 least have an open hearing, to at least                 is a trend that was observed by the                    President Trump to use military aid to
                                                 ask who should be accountable and                       Commission on the National Defense                     extract a political concession from
                                                 what should be done.                                    Strategy under President Trump. It                     President Zelenskyy. That is quite a
                                                   So I want to say again, I appreciate                  said:                                                  stark difference than what President
                                                 Senator REED’s earnestness on this                        The implementation of the National De-               Biden’s administration has been doing
                                                 issue. I appreciate the fact that he                    fense Strategy must feature empowered ci-              for the last year.
                                                 doesn’t control the floor.                              vilians fulfilling their statutory responsibil-          There was a reference made to deal-
                                                   My final point, I would note, as I                    ities, particularly regarding issues of force          ing with Saudi Arabia. Well, President
                                                 look toward the clock here, last week,                  management. . . . Strong civilian oversight            Trump’s first trip overseas was to
                                                 if my memory serves, of the 4 days we                   is an essential hallmark of civil-military re-         Saudi Arabia to cavort with his
                                                                                                         lations codified in the Constitution and em-           friends, the Kings and Princes of Saudi
                                                 were in session, we took a total of four                braced throughout the nation’s history.
                                                 votes in the U.S. Senate last week. If                                                                         Arabia. His son-in-law made multiple
                                                 these nominees were as important as                       What is frustrating that principle?                  trips over there, and it wasn’t in the
                                                 they say they are, we could have voted                  Actions like today, where fully quali-                 spirit of condemnation; it was in the
                                                 last week. We could have voted earlier                  fied individuals who pass by voice vote                spirit of businesslike behavior, I would
                                                 today.                                                  through the committee are held up. If                  say. Khashoggi was killed by agents of
                                                   Now, Senator REED doesn’t control                     there is a weakness—that has been                      MBS, the Crown Prince, but the details
                                                 the floor, but I might just note to the                 identified by other sources in the Na-                 of the report were never released by
                                                 majority leader that maybe instead of                   tional Defense Strategy at the Depart-                 the Trump administration. President
                                                 taking a vacation tomorrow, which I                     ment of Defense—it is in one case the                  Biden released those details, earning, I
                                                 gather is the plan, that maybe the Sen-                 lack of sufficient civilian leadership                 think, the enmity of the Crown Prince.
                                                 ate ought to be here and working, and                   and continuity, and that is exactly                    So this story of the ineffectuality of
                                                 maybe we ought to be here and voting,                   what this action today will continue to                the Biden administration is com-
                                                 because until there is some account-                    foster.                                                pletely, in my view, without basis.
                                                 ability for what happened in Afghani-                     For example, Mr. Ashish Vazirani                       What we have seen—and I think the
                                                 stan, for what is happening with this                   was reported out of committee on De-                   Presiding Officer recognizes it as a




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 administration’s foreign policy, I am                   cember 8 and would become the Deputy                   member of the Foreign Relations Com-
                                                 going to ask the Senate to observe reg-                 Under Secretary of Defense for Per-                    mittee—is probably the most sophisti-
                                                 ular order and do its job and to vote.                  sonnel and Readiness, the No. 2 official               cated development of an alliance to op-
                                                   With that, I object.                                  in the Department in charge of mili-                   pose tyranny that we have seen in
                                                   The PRESIDING OFFICER. The ob-                        tary and civilian policy and the readi-                many, many years.
                                                 jection is heard.                                       ness of our Armed Forces.                                When the whole world is united by
                                                   Mr. REED. Mr. President, I think one                    Mr. Alex Wagner was reported out of                  the diplomacy of this administration
                                                 of the messages that the Senator from                   the committee in October of last year,                 to stand up against Vladimir Putin—



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                                                 S1044                                             CONGRESSIONAL RECORD — SENATE                                                        March 8, 2022
                                                 and I must say practically the whole                       Unemployment now is hovering                          Again, the advocates for the oil com-
                                                 world. That is an amazing demonstra-                    around 4 percent. Gross domestic prod-                 panies, the advocates for special tax ar-
                                                 tion of diplomacy and statesmanship.                    uct has been significant and much                      rangements, the advocates to continue
                                                 And it happened because of the leader-                  more so than the preceding several                     to pump oil and pump oil and pump oil
                                                 ship of the President, the leadership of                years. But we do have problems eco-                    are playing right, in my sense, into the
                                                 Secretary Blinken, the leadership of                    nomically, and some of those problems                  hands of Putin because if our world
                                                 Secretary Austin. And, again, when                      are related to the international oil sup-              economy is based on hydrocarbons,
                                                 you have Switzerland joining in sanc-                   ply. Now, we certainly don’t need Rus-                 then Russia is going to make some
                                                 tioning a country—the greatest neutral                  sian oil and I have said we should stop                money. If our world economy is based
                                                 nation in the world—that is a remark-                   importing it and I am glad that this                   on other sources of power—alternative
                                                 able accomplishment.                                    morning the President announced the                    sources of power—then his cash reg-
                                                   We still have a long way to go. The                   United States will officially ban the                  ister is going to ring close to zero.
                                                 outcome is still very much uncertain,                   importation of oil from Russia, deny-                    I am pleased that President Biden lis-
                                                 but to date, the President and his ad-                  ing Putin a key revenue source for his                 tened to me and others in Congress and
                                                 ministration has done an extraordinary                  illegal war. This is something both                    decided to tap into the Strategic Petro-
                                                 job.                                                    Democrats and Republicans have called                  leum Reserve to help bring down the
                                                   Afghanistan is an issue that we have                  for, and the American people should                    price of oil. He wisely coordinated the
                                                 dealt with for 20 years. One of the first                                                                      release of 60 million barrels with our
                                                                                                         know this policy choice will likely af-
                                                 things we did was to ensure that in the                                                                        international partners. The action
                                                                                                         fect the price of gasoline.
                                                 National Defense Authorization Act,                        But even if we don’t use Russian oil,               sends a reassuring signal to markets,
                                                 there was an independent study which                    everyone needs to know that petroleum                  but we may need to release more to
                                                 will be conducted, but it is not going to               is traded on the world market, and the                 tamp down prices. We also need to in-
                                                 focus on the last 2 weeks; it is going to               United States is part of that world                    sist that our Middle East partners do
                                                 focus on 20 years. It is going to assess                market. The chaos Putin is sowing in                   more to increase production to help
                                                 whether the decision to invade Iraq                     Europe will continue to have an effect                 stabilize prices and meet demand in
                                                 was a critical strategic mistake—which
                                                                                                         here regardless of where we get our oil.               Europe.
                                                 I think it was. That is why I opposed it                                                                         We should also ask domestic oil and
                                                                                                         Our energy policy of overreliance on
                                                 originally.                                                                                                    gas producers to pitch in. Despite the
                                                   It is going to look at the Doha agree-                fossil fuels is a matter of national secu-
                                                                                                         rity, and it is time we embrace all that               other side of the aisle’s claims about
                                                 ment, in which the Trump administra-
                                                                                                         it entails.                                            the economy, Big Oil is earning some
                                                 tion basically said, ‘‘We are leaving,’’
                                                                                                            The reality of a world market, com-                 of its highest profits in years. They are
                                                 which gave the Taliban one of their
                                                                                                         bined with the impact on regular                       not simply passing on the cost—addi-
                                                 greatest psychological and, indeed, in a
                                                                                                         Americans who need to fill up their                    tional cost—to the consumer reluc-
                                                 way, military weapons because they
                                                                                                         cars, means the United States will                     tantly and grudgingly and sadly.
                                                 went from village to village and said:
                                                                                                         have to make some tough choices on                     ExxonMobil and Chevron, for example,
                                                 Here it is, signed, sealed, and delivered.
                                                 They are going. And when they go, who                   whom we buy from if we are not buying                  reported a combined net annual profit
                                                 are you going to be with, Ghani or us?                  from Russia. We will have to more                      of nearly $38.6 billion in 2021, but are
                                                   So in any way to estimate the culpa-                  carefully consider what we are export-                 they investing those profits in new pro-
                                                 bility, the responsibility of our role in               ing, how we will prevent profiteering,                 duction, particularly when they have
                                                 Afghanistan, it will take that kind of                  and what pain people should expect at                  14 million acres in unused leases? No.
                                                 20-year look by independent experts                     the pump.                                              Instead, they are issuing higher divi-
                                                 who are concerned to find the truth,                       If the climate crisis, raging fires, his-           dends and buying back stock to boost
                                                 not to find a political argument.                       toric droughts, and flooding aren’t                    share prices. These windfall profits
                                                   I am just very disappointed that we                   enough to convince our colleagues on                   should be used to help consumers, not
                                                 are going to continue to avoid our duty                 the other side of the aisle of the need                their billionaire investors.
                                                 to ensure that there are civilians in the               to kick our oil addiction, I hope the na-                Of course, the easiest way to insulate
                                                 Department of Defense who are able to                   tional      security     and     economic              ourselves from higher costs is to be-
                                                 carry out the policy of the United                      vulnerabilities exposed by Russia’s in-                come more energy efficient. When we
                                                 States, which is the basic principle of                 vasion of Ukraine will be enough. As                   consume less, we pay less. That is why
                                                 civil and military relations in the                     long as we base our energy future on                   I have long advocated better fuel econ-
                                                 United States and in the Constitution                   oil, we choose to make ourselves vul-                  omy standards for cars and trucks,
                                                 of the United States.                                   nerable.                                               something that the last administration
                                                                       ENERGY                               Unfortunately, many of my Repub-                    worked against. Yes, the Trump admin-
                                                   Mr. President, retaining my time, I                   lican colleagues don’t seem to recog-                  istration tried to derail an increase in
                                                 would now like to resume my com-                        nize that reality. Instead, they focus                 gas mileage that the automobile com-
                                                 ments with respect to the energy situa-                 on never-built pipelines geared toward                 panies were in favor of. Even when
                                                 tion and the United States.                             exporting our oil, not using it here in                automakers said we should keep the
                                                   As I indicated previously, the inva-                  the United States. Most of the oil that                tougher standards, Trump said no.
                                                 sion of Ukraine has revealed the vul-                   was going through the pipeline that                    Why? Let’s be more dependent on gaso-
                                                 nerability that our dependence on oil                   President Biden—I think, because of                    line. It is not only to this country’s oil-
                                                 creates for our economy and for aver-                   many, many considerations—decided                      producing benefit. Guess what. Putin
                                                 age Americans trying to fill up their                   against was destined for exportation,                  benefits and others benefit.
                                                 cars and pay their heating bills.                       not for use here in the United States,                   Fortunately, the Biden administra-
                                                   The fact is, the United States has                    or they make claims about energy pro-                  tion has a broader vision for a clean en-
                                                 sufficient domestic production to meet                  duction under Democratic Presidents                    ergy future that eases the burden on
                                                 our energy needs today. We are pro-                     that either contort or suspend reality.                consumers.
                                                 ducing more oil and refined product                     It is time—to borrow the phrase from                     While there is much more to do, the
                                                 than ever before. Oil production was up                 my Rhode Island colleague, Senator                     bipartisan infrastructure law took im-
                                                 more than half a million barrels a day                  WHITEHOUSE—it is time to wake up. In-                  portant steps on this front. It invested
                                                 from January to December of last year                   deed, their solution to higher gas                     $7.5 billion to build out a national net-




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 and is expected to rise even more this                  prices is more oil dependency.                         work of electric vehicle charges, $5 bil-
                                                 year, which I would assume would                           The bottom line is that we need to                  lion for electric buses, and $90 billion
                                                 mean that more and more Americans                       accelerate the transition to clean, re-                to improve public transit systems.
                                                 are working in the oilfields and else-                  newable energy sources that aren’t                       It also includes $65 billion to upgrade
                                                 where. In fact, I believe, last year, the               subject to worldwide scarcity and ma-                  our power infrastructure, including by
                                                 workforce grew about 6.6 million jobs,                  nipulation by our adversary. There are,                building thousands of miles of new, re-
                                                 which we hadn’t seen in the last year                   however, things we should do in the                    silient transmission lines to facilitate
                                                 or two of the Trump administration.                     short term to help consumers.                          the expansion of renewable energy. And



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                                                 March 8, 2022                                     CONGRESSIONAL RECORD — SENATE                                                                 S1045
                                                 we can’t just look at transportation be-                league from Rhode Island. I would say                  to make concessions, but we were actu-
                                                 cause consumers are also facing the                     ‘‘all of the above’’ energy, so I do sup-              ally doing the right thing for the coun-
                                                 pinch on home energy prices.                            port the energy efficiency he was talk-                try here in saving the post office.
                                                   Now, last year, I worked to secure                    ing about and other opportunities to                      And I regularly hear about this from
                                                 $4.5 billion in the American Rescue                     ensure we have the ability to be energy                my constituents across Ohio; I am sure
                                                 Plan for the Low-Income Home Energy                     independent. But at a time when the                    you hear the same. You hear it from
                                                 Assistance Program to help consumers                    price per gallon is over $4, on average,               your veterans. You hear it from some
                                                 pay their energy bills. In the coming                   we also need to produce more in this                   of your rural residents who depend on
                                                 days, we will pass an omnibus appro-                    country.                                               the post office for a lot, including their
                                                 priations bill to provide base funding                     And here we are at a time where we                  lifesaving medications. Families rely
                                                 for that program, which still lacks the                 have an Executive order from the                       on the post office to deliver their rent
                                                 resources to help all who qualify for as-               President, saying we are going to                      checks on time, to pay their utility
                                                 sistance. But we need to do more.                       freeze all leases on public lands and                  bills, to get their Social Security
                                                   We also need to make other long-                      waters. We have an Executive order                     checks.
                                                 term investments. In his State of the                   from the President, obviously, stopping                   In Ohio, we have got no-excuse absen-
                                                 Union Address last week, President                      Keystone XL Pipeline.                                  tee voting. That has worked really well
                                                 Biden emphasized the need to weath-                        We have an Executive action by the                  for over a decade now. But if you are a
                                                 erize homes and businesses to be more                   President to rewrite the policies with                 voter in Ohio, you want to get your ap-
                                                 energy efficient, which in turn lowers                  regard to permitting that are in the                   plication in time, and you want to get
                                                 energy costs and reduces greenhouse                     waters of the United States that are                   your ballot in, in time. That all de-
                                                 gases and emissions, and I cannot agree                 very important to energy projects. So                  pends on the post office. Small busi-
                                                 more.                                                   we have got to do it all because, other-               nesses in Ohio reach their customers
                                                   It is why I have led the fight to fund                wise, without certainty, we are not                    primarily through direct mail now;
                                                 the Weatherization Assistance Pro-                      going to get the oil and gas production                that is through the post office.
                                                 gram, which received $3.5 billion in the                we should have here to be able to sub-                    So this is really important that we
                                                 bipartisan infrastructure law. This pro-                stitute what we are getting from places                put the post office on a sound financial
                                                 gram has helped more than 7 million                     like Russia.                                           footing. And, by the way, it can’t be
                                                 low-income families reduce their en-                       The President did the right thing by                done just with an act of Congress.
                                                 ergy bills by making their homes more                                                                             What we are doing is complementing
                                                                                                         banning the Russian oil, but we ought
                                                 energy efficient.                                                                                              what the Postmaster General and the
                                                                                                         to also be doing the right thing with
                                                   It saves participants nearly $300 in                                                                         postal Board is doing in terms of seri-
                                                                                                         regard to North American production.
                                                 energy bills a year, and a Department                      I stand today to support the Postal                 ous reforms at the post office. They
                                                 of Energy study found that in 1 year, it                                                                       work together. In fact, the Postmaster
                                                                                                         Service bill that is before us. We are
                                                 reduced carbon emissions by more than                                                                          General said this bill he strongly sup-
                                                                                                         nearing the end of a long journey to
                                                 2.2 million metric tons, the equivalent                                                                        ports because it gives him the head-
                                                                                                         help the Postal Service and to help the
                                                 to taking more than a half a million                                                                           room he needs, the financial breathing
                                                                                                         Postmaster General to be able to im-
                                                 cars off the road.                                                                                             room he needs to make the other im-
                                                   To make the most of this invest-                      plement needed reforms.
                                                                                                                                                                portant reforms to save the post office.
                                                                                                            Last year, Senator PETERS—who I
                                                 ment, this week, I introduced the                                                                                 What do we do? First, we eliminate a
                                                                                                         see is on the floor here—and I intro-
                                                 Weatherization Assistance Program                                                                              very burdensome prefunding require-
                                                 Improvement Act along with Senators                     duced the Senate version of the Postal                 ment for retiree health benefits. Con-
                                                 COLLINS, COONS, and SHAHEEN. Our bill                   Reform Act. We had 28 cosponsors,                      gress mandated this a decade or so ago.
                                                 would make critical updates, including                  equally divided between Republicans                    Regardless of age, current employees
                                                 increasing eligibility, raising the per                 and Democrats.                                         have to be prefunded. This has crippled
                                                 unit funding level for weatherization                      Why? Because the Postal Service is                  the post office financially. By the way,
                                                 projects, and setting aside funding to                  not a partisan issue. It is something                  no other Federal Agency has to do this,
                                                 make critical health and safety repairs                 that all of us should agree on. We need                and private sector companies don’t do
                                                 in conjunction with weatherization                      to save our Postal Service; otherwise,                 this. This is prefunding. The money
                                                 projects. Together, these reforms will                  we are going to be in big trouble. In the              will be there, but it is a matter of hav-
                                                 make the program more effective and                     next few years, I believe it would go in-              ing to prefund it that is crippling the
                                                 will help it serve even more households                 solvent otherwise. I believe we would                  post office financially.
                                                 across the country.                                     be here talking about a big bailout.                      Second, we require the post office
                                                   These are significant steps, but we                   This is not a bailout. In fact, there is               employees who are retiring, who have
                                                 need the full package of climate energy                 no appropriation in this legislation.                  been paying into Medicare their entire
                                                 reforms that the President has been                        The post office is really important to              careers, to enroll in Medicare Part B
                                                 calling for, including tax credits and                  my constituents—young, old, rural,                     and to access Part D—something, by
                                                 grants that would make clean energy,                    urban, everybody. That is why we have                  the way, that almost every private sec-
                                                 clean vehicles, and other clean tech-                   seen such strong bipartisan support                    tor employer does. They are already in
                                                 nologies more affordable and better.                    when this bill passed the House of Rep-                Part A.
                                                   If we do these things, we will make a                 resentatives by a vote of 342 to 92—that                  Third, we require the Postal Service
                                                 huge difference in the lives of Ameri-                  rarely happens in the House—and                        to maintain its current standard of a 6-
                                                 cans today and for generations to                       strong bipartisan support last night                   day-a-week delivery through an inte-
                                                 come.                                                   when the Senate cloture vote was 74 to                 grated delivery network of mail and
                                                   Just a final thought, I think one of                  17.                                                    packages together so that those who
                                                 the greatest nightmares that Vladimir                      Saving the post office is the right                 rely on the Postal Service for their
                                                 Putin has is a world that is powered by                 thing to do. Let’s face it. The fact of                medications and other important needs
                                                 electricity, not generated by hydro-                    the matter is, the Postal Service is de-               are properly served. That 6-day-a-week
                                                 carbons, a world in which the gasoline                  livering less and less more profitable                 delivery, by the way, is really impor-
                                                 and oil that he has in Russia is not                    first-class mail to more and more                      tant to my constituents and to a lot of
                                                 worth $150 a barrel but $1.50 a barrel.                 places. That economic model just does                  your constituents if you talk to them
                                                   We can do it, and it will be one of the               not work, and that is a recipe for ruin                about it, particularly in the rural




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 most significant national security en-                  if we don’t adjust to this new reality                 areas.
                                                 deavors when we accomplish that.                        and make some necessary changes.                          The Congressional Budget Office esti-
                                                   I yield the floor.                                       Is it hard to make changes? Of                      mates that after all of this, this bill
                                                   The PRESIDING OFFICER. The Sen-                       course, it is, but it is the right thing to            will result in a savings to the taxpayer.
                                                 ator from Ohio.                                         do. We have talked about it for years                  The savings over the next 10 years is
                                                                       H.R. 3076                         here. Finally, we came together, Re-                   $1.5 billion.
                                                   Mr. PORTMAN. Mr. President, I ap-                     publican and Democrat, neither of us                      I would also like to note what this
                                                 preciate the comments from my col-                      got exactly what we wanted, both had                   bill does not do because there has been



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                                                 S1046                                             CONGRESSIONAL RECORD — SENATE                                                           March 8, 2022
                                                 some misinformation out there. One, it                    Let’s move forward on this bill. Let’s               nity by requiring the Postal Service to
                                                 does not appropriate new funds to the                   make sure the post office is healthy                   post weekly local performance data on-
                                                 post office, period. Two, it does not                   going forward for all of our constitu-                 line.
                                                 change the accounting or costing                        ents.                                                    It will also ensure this vital institu-
                                                 structure for packages and letters so it                  I yield the floor.                                   tion continues to deliver mail at least
                                                 does not disadvantage private-sector                      The PRESIDING OFFICER. The Sen-                      6 days a week. By passing the Postal
                                                 carriers. That is very important to me.                 ator from Michigan.                                    Service Reform Act, we can ensure the
                                                 This is the status quo that we are put-                   Mr. PETERS. Mr. President, I ask                     Postal Service is able to provide reli-
                                                 ting in place here. It does not change                  unanimous consent to be recognized for                 able service to families and small busi-
                                                 the accounting or costing structure for                 5 minutes of remarks.                                  nesses, veterans, seniors, and rural
                                                 packages and letters.                                     The PRESIDING OFFICER. Without                       communities who rely on this essential
                                                   Third, it does not allow the Postal                   objection, it is so ordered.                           service each and every day for years to
                                                 Service to enter into new commercial                      Mr. PETERS. Mr. President, in just a                 come.
                                                 services like postal banking. That is                   few moments, each of our colleagues                      By passing this legislation tonight
                                                 also very important to me.                              will have the opportunity to cast a his-               and quickly sending it to President
                                                   And contrary to the claims of this                    toric vote to pass groundbreaking leg-                 Biden’s desk, this body can show the
                                                 bill’s opponents, this bill does not im-                islation that will ensure that the U.S.                Nation that Congress can indeed build
                                                 pact the solvency of the Medicare hos-                  Postal Service can continue its nearly                 consensus; we can work on a bipartisan
                                                 pital trust fund. That is the trust fund                250-year tradition of delivering service               basis and get things done for the Amer-
                                                 we all talk about. It is going belly-up                 to the American people.                                ican people. Together, we can enact
                                                 in 2026. It does not affect it, period.                   The Postal Service is one of our Na-                 historic, meaningful change and im-
                                                 CBO has actually written us something                   tion’s most trusted and storied institu-               prove the lives of our constituents.
                                                 saying that, but it just makes sense.                   tions. Since the founding of the United                  I urge my colleagues to vote in sup-
                                                 People are already in Part A. And this                  States, the Postal Service has become                  port of this long-overdue bill so that
                                                 bill does not increase the Medicare                     a vital part of the fabric of our Nation               we can take a historic and significant
                                                 Part B and Part D premiums based on                     for generations.                                       step to bring the Postal Service into
                                                 the CBO analysis. Why? Partly because                     It has served as an indispensable pub-               the future and ensure it can continue
                                                 it is such a small number of people.                    lic service that not only delivers crit-               providing essential services to the
                                                 Only 25 percent of postal employees                     ical mail, like medications and finan-                 American people, as it has done for
                                                 were not already in Part B and Part D,                  cial documents, but also helps families                nearly 250 years.
                                                 so additional ones make very little dif-                all across the country stay connected                    I yield the floor.
                                                 ference. But part of it is they are pay-                with each other.                                         The PRESIDING OFFICER (Mr. MAR-
                                                 ing their premiums.                                       The Postal Service is the only mail                  KEY). Under the previous order, all
                                                   So let’s pass this bill. We also have a               carrier that delivers to every commu-                  postcloture time is expired, amend-
                                                 budget point of order before us that is                 nity across our Nation and serves more                 ment No. 4955 is withdrawn, and the
                                                 coming up next. I want to be clear,                     than 160 million households—no matter                  bill is considered read a third time.
                                                 again, CBO’s estimated $1.5 billion sav-                how remote.                                              The amendment (No. 4955) was with-
                                                 ings over the 10-year budget window                       However, in recent years, we have                    drawn.
                                                 that we have to use around here. How-                   seen how burdensome financial require-                   The bill was ordered to a third read-
                                                 ever, CBO has estimated that this leg-                  ments drove the Postal Service to use                  ing and was read the third time.
                                                 islation would likely increase on budg-                 cost-cutting     measures    that    com-                The PRESIDING OFFICER. The Sen-
                                                 et deficits by $5 billion or more in at                 promised delivery services. And that is                ator from Florida.
                                                 least one of the four 10-year periods be-               why this bipartisan bicameral bill is so                                 POINT OF ORDER
                                                 ginning in 2032.                                        vital. It will help the Postal Service                   Mr. SCOTT of Florida. Mr. President,
                                                   I would like to make three quick                      overcome unfair policies that threaten                 the pending measure, H.R. 3076, Postal
                                                 points: First, none of this deficit is re-              its ability to effectively service the                 Service Reform Act of 2022, would in-
                                                 lated to the Medicare hospital insur-                   American people.                                       crease on-budget deficits by $5 billion
                                                 ance trust fund for Part A. Again, that                   Since introducing this bill, I have                  or more in at least one of the four 10-
                                                 is the trust fund that we talk about a                  worked closely with my ranking mem-                    year periods beginning in 2032.
                                                 lot here because we are concerned                       ber, ROB PORTMAN, and our 26 other                       This increase violates section 3101 of
                                                 about it, and it could be exhausted as                  Senate cosponsors from both sides of                   the 2016 budget resolution, which pro-
                                                 early as 2026. CBO has said that trust                  the aisle, as well as Chairwoman MALO-                 hibits consideration of legislation that
                                                 fund will not be affected. Second,                      NEY and Ranking Member COMER on                        would cause a net increase in on-budg-
                                                 CBO’s deficit only addresses on-budget                  the House Committee on Oversight and                   et deficits in any of the four 10-year pe-
                                                 direct spending. It actually excludes                   Reform, to craft these consensus re-                   riods beyond the current budget win-
                                                 all future savings to the post office,                  forms and secure the strong bipartisan                 dow.
                                                 which are off-budget.                                   support we have seen in both the House                   I raise a point of order under section
                                                   Let me give you an example of that.                   and, hopefully soon, in the Senate.                    3101(b) of S. Con. Res. 11, the concur-
                                                 The premiums that Postal Service em-                      I am grateful to each of my col-                     rent resolution on the budget for fiscal
                                                 ployees are going to pay, that is not                   leagues for their hard work and for                    year 2016.
                                                 part of the calculation.                                their cooperation and their willingness                  The PRESIDING OFFICER. The Sen-
                                                   Third, and finally, this budget point                 to compromise during this process.                     ator from Vermont.
                                                 of order ignores that postal workers                      Our legislation, which it has been 15                              MOTION TO WAIVE
                                                 are entitled to Medicare Part B and                     years in the making, will eliminate the                  Mr. SANDERS. Mr. President, pursu-
                                                 Part D like any other eligible Amer-                    unnecessary requirement for the Postal                 ant to section 3101(c) of the fiscal year
                                                 ican worker. The bill simply requires                   Service to prefund the cost of retiree                 2016 budget resolution, I move to waive
                                                 future Postal Service retirees to access                health benefits and will integrate post-               section 3101 of that resolution for pur-
                                                 these benefits; the 25 percent that                     al retirees healthcare with Medicare.                  poses of the pending measure, and I ask
                                                 don’t already do it. Private-sector em-                   Together, these reforms will save the                for the yeas and nays.
                                                 ployers require their retirees to do the                Postal Service more than $49 billion                     The PRESIDING OFFICER. Is there a




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                                                 same thing. Of course, no one raises                    and ensure this essential public serv-                 sufficient second?
                                                 these budget points of orders on them.                  ice, which is dependent on revenues                      There appears to be a sufficient sec-
                                                   Right now, the post office is in trou-                from products and service fees to fund                 ond.
                                                 ble, folks, and if we don’t do something                its operations, is set on a path for long-               The yeas and nays are ordered.
                                                 and do something significant, working                   term financial stability.                                There will be now 2 minutes of debate
                                                 with the post office to make their own                    This historic legislation will also en-              equally divided prior to a vote on the
                                                 internal reforms, we are going to be in                 sure every American knows what is                      motion to waive.
                                                 big trouble as I said earlier.                          going on with the mail in their commu-                   The Senator from Florida.



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                                                 March 8, 2022                                     CONGRESSIONAL RECORD — SENATE                                                                  S1047
                                                   Mr. SCOTT of Florida. Mr. President,                    Mr. THUNE. The following Senators                     pact the solvency of the trust fund. So
                                                 as I have said repeatedly, I absolutely                 are necessarily absent: the Senator                     the Medicare hospital trust fund we all
                                                 support getting something done to re-                   from Tennessee (Mr. HAGERTY) and the                    worry about, predicted to expire in
                                                 form the Postal Service, but it cannot                  Senator from Oklahoma (Mr. INHOFE).                     about 2026, this does not affect it at all.
                                                 come at the expense to American tax-                      The yeas and nays resulted—yeas 68,                   Postal Service employees are already
                                                 payers.                                                 nays 30, as follows:                                    in Part A. And it does not increase the
                                                   The Federal debt has already surged                               [Rollcall Vote No. 70 Leg.]                 Part B or the Part D premiums.
                                                 above $30 trillion, and it just keeps                                       YEAS—68                               What this does do is it saves the post
                                                 growing and growing.                                    Baldwin           Gillibrand            Padilla
                                                                                                                                                                 office, which is incredibly important to
                                                   I wrote to the Congressional Budget                   Bennet            Hassan                Peters          all of our constituents—to our veterans
                                                 Office, asking what the future cost of                  Blumenthal        Hawley                Portman         who get their prescription drugs
                                                 this bill would be to Medicare and how                  Blunt             Heinrich              Reed            through the mail, to people who are
                                                                                                         Booker            Hickenlooper          Rosen
                                                 it would impact the debt. While they                    Boozman           Hirono                                voting by mail, and to people who are
                                                                                                                                                 Rounds
                                                 could tell me there would be at least $5                Brown             Kaine                 Sanders         relying on the Postal Service to pro-
                                                 billion in new deficits, they couldn’t                  Burr              Kelly                 Schatz          vide them with what they need to be
                                                                                                         Cantwell          King
                                                 provide data past 2031, when Medicare                   Capito            Klobuchar
                                                                                                                                                 Schumer         able to survive.
                                                 will be most affected by this proposal.                                                         Shaheen           This is an important bill that has
                                                                                                         Cardin            Leahy
                                                                                                                                                 Sinema
                                                   Here is what we know for certain:                     Carper            Luján
                                                                                                                                                 Smith
                                                                                                                                                                 been worked on for 15 years. I thank
                                                 This bill doesn’t reduce costs; it just                 Casey             Manchin                               my colleague Senator PETERS from
                                                                                                         Cassidy           Markey                Stabenow
                                                 shifts them from one unfunded govern-                   Collins           Marshall              Tester          Michigan for working on a bipartisan
                                                 ment program to another.                                Coons             McConnell             Tillis          basis on this.
                                                   This bill adds at least $6 billion in                 Cortez Masto      Menendez              Van Hollen        Let’s get it done tonight.
                                                                                                         Cotton            Merkley               Warner
                                                 new costs to Medicare, with no way to                                                           Warnock
                                                                                                                                                                   The PRESIDING OFFICER. The Sen-
                                                                                                         Cramer            Moran
                                                 pay for it, and adds at least $5 billion                Daines            Murkowski             Warren          ate majority leader.
                                                 to long-term Federal deficits. That is                  Duckworth         Murphy                Whitehouse        Mr. SCHUMER. Mr. President, every
                                                 unacceptable. It is why I am raising a                  Durbin            Murray                Wicker          day, the U.S. Postal Service faithfully
                                                                                                         Feinstein         Ossoff                Wyden
                                                 point of order today. We have to stop                                                                           delivers for the American people.
                                                 driving America deeper into debt and                                         NAYS—30                            Today, the Senate is finally delivering
                                                 finally be accountable to the American                  Barrasso          Hoeven                Rubio           for the post office.
                                                 taxpayers.                                              Blackburn         Hyde-Smith            Sasse             Today, we can happily say that the
                                                                                                         Braun             Johnson               Scott (FL)      postal reform is now signed, sealed, and
                                                   I urge my colleague to vote no on the                 Cornyn            Kennedy               Scott (SC)
                                                 budget point of order.                                  Crapo             Lankford              Shelby          delivered for the American people. Be-
                                                   The PRESIDING OFFICER. The Sen-                       Cruz              Lee                   Sullivan        cause of today’s bill, the Postal Service
                                                 ator from Vermont.                                      Ernst             Lummis                Thune           will be stronger, more efficient, and
                                                                                                         Fischer           Paul                  Toomey
                                                   Mr. SANDERS. Mr. President, let me                    Graham            Risch                 Tuberville
                                                                                                                                                                 better able to serve more people, and
                                                 congratulate Senator PETERS and Sen-                    Grassley          Romney                Young           we did it on a bipartisan basis.
                                                 ator PORTMAN for their work.                                                                                      For over a decade, the USPS—one of
                                                                                                                          NOT VOTING—2
                                                   This is a bill that has been looked at                                                                        the most important institutions in
                                                                                                         Hagerty           Inhofe
                                                 and worked on for a very long time,                                                                             American life—has been on an ominous
                                                 and I am glad that in a few moments                       The PRESIDING OFFICER. On this                        trajectory: shrinking revenues, fewer
                                                 we are going to pass it.                                vote, the yeas were 68, and the nays                    delivery routes, and finances in des-
                                                   I know that the people of Vermont                     were 30. Three-fifths of the Senators                   perate need of a revamp. These prob-
                                                 and all over this country are increas-                  duly chosen and sworn having voted in                   lems led to late deliveries, reduced
                                                 ingly concerned about the long delays                   the affirmative, the motion is agreed                   hours, and increased costs. And when
                                                 they are experiencing in getting the                    to.                                                     the Postal Service suffers, America
                                                 mail they need. Senior citizens and                       The motion was agreed to.                             suffers.
                                                 veterans are not getting the prescrip-                    The PRESIDING OFFICER. There                            Today, after much hard work, the
                                                 tion drugs they need on time. Working                   will now be 2 minutes of debate equally                 Senate is providing the Postal Service
                                                 families have been forced to pay late                   divided prior to a vote on passage of                   a much needed reset. The legislation
                                                 fees because it is taking much longer                   the bill.                                               we are about to pass is the most sig-
                                                 than normal with the Postal Service to                    The Senator from Ohio.                                nificant step that Congress has taken
                                                 mail their bills. The Postal Service Re-                  Mr. PORTMAN. Mr. President, I rise                    in a long time to strengthen USPS. It
                                                 form Act is a step forward in address-                  in support of the Postal Service bill be-               will guarantee delivery services 6 days
                                                 ing those concerns, and I am very                       fore us. It is important reform. People                 a week, put the Postal Service on a
                                                 proud to support this bill.                             know this needs to be done. The vote in                 path to solvency, and will ensure that
                                                   This is a bill that will save the Post-               the House of Representatives was 342 to                 we care for our dedicated postal work-
                                                 al Service billions of dollars a year by                92. It has to be done because the Postal                ers, all while saving dollars.
                                                 ending the absurd Bush-era mandate                      Service’s business model just doesn’t                     This postal reform bill is a win-win-
                                                 forcing the Postal Service to prefund 75                work—having to deliver more and more                    win: a win for bipartisanship, a win for
                                                 years of future retiree health benefits                 packages and fewer and fewer more                       our postal workers, and most impor-
                                                 for employees who haven’t even been                     profitable first-class mail pieces to                   tantly, a win for the tens of millions of
                                                 born yet. It protects 6-day delivery                    more and more addresses. So we have                     Americans who rely on the Postal
                                                 service and gives the Postal Service                    got to do something to reform it.                       Service every single day, from seniors
                                                 the ability to offer new consumer prod-                   Let me tell you what this bill does do                to veterans, to small businesses, to
                                                 ucts and services.                                      and what it doesn’t do—first of all,                    rural Americans, to everyone in be-
                                                   The bottom line is, the Postal Serv-                  what it does not do. It is not an appro-                tween.
                                                 ice is enormously important to people                   priation, so there is no money here                       I want to really give a special shout-
                                                 all over this country. This bill                        going into the Postal Service from the                  out to my colleagues who made this
                                                 strengthens the Postal Service and will                 taxpayer. It does not change the ac-                    possible for us to pass this bill. Sen-
                                                 guarantee that the people of our coun-                  counting or the cost structure for                      ators PETERS and PORTMAN led the
                                                 try get the quality service they de-




rfrederick on DSKBCBPHB2PROD with SENATE
                                                                                                         packages and letters. That way, it does                 charge, Senator CARPER worked long in
                                                 mand.                                                   not disadvantage the private sector                     the vineyards on this bill, and so many
                                                   I yield the floor.                                    carriers some were worried about. It                    others as well.
                                                            VOTE ON MOTION TO WAIVE                      also does not allow the Postal Service                    Of course, I want to thank the half a
                                                   The PRESIDING OFFICER. The                            to enter into new commercial services                   million postal workers who kept our
                                                 question is on agreeing to the motion.                  like postal banking that we are                         country going every single day, espe-
                                                   The clerk will call the roll.                         against. Contrary to claims of some of                  cially during the pandemic. While so
                                                   The legislative clerk called the roll.                the opponents, it actually does not im-                 many other services were shut down



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                                                 S1048                                             CONGRESSIONAL RECORD — SENATE                                                              March 8, 2022
                                                 during COVID, the post office kept de-                  motion on the Gonzalez nomination be                    Hoeven            Murphy        Sinema
                                                                                                                                                                 Kaine             Murray        Smith
                                                 livering goods and supplies and medi-                   withdrawn.                                              Kelly             Ossoff        Stabenow
                                                 cines across the economy. They are                        The PRESIDENT pro tempore. Is                         Kennedy           Padilla       Tester
                                                 public servants of the highest order.                   there objection?                                        King              Peters        Thune
                                                   So it is a great day for our postal                     Not hearing an objection, it is with-                 Klobuchar         Portman       Tillis
                                                                                                                                                                 Leahy             Reed          Toomey
                                                 workers, and it is a great day for the                  drawn.                                                  Luján            Risch         Van Hollen
                                                 American people.                                          The cloture motion, on the nomina-                    Manchin           Romney        Warner
                                                   The bill has been in the works for                    tion of Ed Gonzalez, of Texas, to be an                 Markey            Rosen         Warnock
                                                 over a decade, and today, after so much                                                                         McConnell         Rounds        Warren
                                                                                                         Assistant Secretary of Homeland Secu-                   Menendez          Sasse         Whitehouse
                                                 work, we are all thrilled to have finally               rity, was withdrawn.                                    Merkley           Schatz        Wicker
                                                 gotten it done.                                           The PRESIDING OFFICER.                                Moran             Schumer       Wyden
                                                                  VOTE ON H.R. 3076                        Who yields time?                                      Murkowski         Shaheen       Young
                                                   The PRESIDING OFFICER. The bill                         Mr. SCHUMER. We yield back all                                            NAYS—19
                                                 having been read the third time, the                    time, Mr. President.                                    Blackburn         Johnson       Scott (FL)
                                                 question is, Shall the bill pass?                         The PRESIDENT pro tempore. All                        Boozman           Lankford      Scott (SC)
                                                   Mr. SCHUMER. I ask for the yeas                       time is yielded back.                                   Braun             Lee           Shelby
                                                                                                                                                                 Cotton            Lummis        Sullivan
                                                 and nays.                                                                                                       Cruz              Marshall
                                                   The PRESIDING OFFICER. Is there a                                       f                                                                     Tuberville
                                                                                                                                                                 Hawley            Paul
                                                 sufficient second?                                                                                              Hyde-Smith        Rubio
                                                   There appears to be a sufficient sec-                           CLOTURE MOTION
                                                                                                                                                                               NOT VOTING—3
                                                 ond.                                                      The PRESIDENT pro tempore. Pur-                       Hagerty           Inhofe        Sanders
                                                   The clerk will call the roll.                         suant to rule XXII, the Chair lays be-
                                                   The bill clerk called the roll.                       fore the Senate the pending cloture                       (Mr. KING assumed the Chair.)
                                                   Mr. THUNE. The following Senators                     motion, which the clerk will state.                       The PRESIDING OFFICER (Ms. HAS-
                                                 are necessarily absent: the Senator                       The senior assistant legislative clerk                SAN). On this vote, the yeas are 78 and
                                                 from Tennessee (Mr. HAGERTY) and the                    read as follows:                                        the nays are 19.
                                                 Senator from Oklahoma (Mr. INHOFE).                                    CLOTURE MOTION                             The motion is agreed to.
                                                   The PRESIDENT pro tempore. Are                          We, the undersigned Senators, in accord-                                f
                                                 there any other Senators in the Cham-                   ance with the provisions of rule XXII of the                   EXECUTIVE CALENDAR
                                                 ber desiring to vote?                                   Standing Rules of the Senate, do hereby
                                                   The result was announced—yeas 79,                     move to bring to a close debate on the nomi-              The PRESIDING OFFICER. The
                                                 nays 19, as follows:                                    nation of Executive Calendar No. 547, Maria             clerk will report the nomination.
                                                           [Rollcall Vote No. 71 Leg.]                   L. Pagan, of Puerto Rico, to be a Deputy                  The senior assistant legislative clerk
                                                                   YEAS—79                               United States Trade Representative (Geneva              read the nomination of Maria L.
                                                                                                         Office), with the rank of Ambassador.                   Pagan, of Puerto Rico, to be a Deputy
                                                 Baldwin           Graham             Padilla                Charles E. Schumer, Alex Padilla, Chris-            United States Trade Representative
                                                 Barrasso          Grassley           Peters
                                                                                                               topher Murphy, Edward J. Markey,
                                                 Bennet            Hassan             Portman                                                                    (Geneva Office), with the rank of Am-
                                                 Blumenthal        Hawley             Reed
                                                                                                               Gary C. Peters, Brian Schatz, Jack
                                                                                                               Reed, Tammy Duckworth, John W.                    bassador.
                                                 Blunt             Heinrich           Rosen
                                                 Booker            Hickenlooper                                Hickenlooper, Sheldon Whitehouse,                   The PRESIDING OFFICER. The Sen-
                                                                                      Rounds
                                                 Boozman           Hirono             Sanders                  Tim Kaine, Richard Blumenthal, Chris-             ator from Pennsylvania.
                                                 Brown             Hoeven             Schatz                   topher A. Coons, Margaret Wood Has-                 UNANIMOUS CONSENT REQUEST—EXECUTIVE
                                                 Burr              Kaine
                                                                                      Schumer                  san, Patrick J. Leahy, Debbie Stabe-                              CALENDAR
                                                 Cantwell          Kelly
                                                 Capito            Kennedy
                                                                                      Shaheen                  now.                                                Mr. CASEY. Madam President, I am
                                                                                      Sinema
                                                 Cardin            King
                                                                                      Smith
                                                                                                           The PRESIDENT pro tempore. By                         here today for two purposes. I will
                                                 Carper            Klobuchar                             unanimous consent, the mandatory
                                                 Casey             Leahy              Stabenow                                                                   start with the first.
                                                 Cassidy           Luján             Sullivan           quorum call has been waived.                              The first is to rise in support of ad-
                                                 Collins           Lummis             Tester               The question is, Is it the sense of the               vancing the nomination of Elizabeth
                                                 Coons             Manchin            Thune              Senate that debate on the nomination
                                                                                      Tillis
                                                                                                                                                                 Watson to serve as the Assistant Sec-
                                                 Cortez Masto      Markey
                                                 Cotton            Marshall           Van Hollen         of Maria L. Pagan, of Puerto Rico, to                   retary for Congressional and Intergov-
                                                 Cramer            McConnell          Warner             be a Deputy United States Trade Rep-                    ernmental Affairs at the Department of
                                                 Daines            Menendez           Warnock            resentative (Geneva Office), with the                   Labor.
                                                 Duckworth         Merkley            Warren             rank of Ambassador shall be brought to
                                                 Durbin            Moran
                                                                                                                                                                   Ms. Watson is a highly qualified
                                                                                      Whitehouse
                                                 Ernst             Murkowski          Wicker
                                                                                                         a close?                                                nominee who was nominated in April of
                                                 Feinstein         Murphy             Wyden                The yeas and nays are mandatory                       last year, almost a year ago now. She
                                                 Fischer           Murray             Young              under the rule.                                         has spent most of her career advo-
                                                 Gillibrand        Ossoff
                                                                                                           The clerk will call the roll.                         cating for workers through labor and
                                                                     NAYS—19                               The senior assistant legislative clerk                economic policy.
                                                 Blackburn         Lankford           Scott (FL)         called the roll.                                          Ms. Watson previously served as
                                                 Braun             Lee                Scott (SC)           Mr. DURBIN. I announce that the
                                                 Cornyn            Paul
                                                                                                                                                                 labor policy director and chief labor
                                                                                      Shelby
                                                 Crapo             Risch              Toomey
                                                                                                         Senator from Vermont (Mr. SANDERS)                      counsel on the House Committee on
                                                 Cruz              Romney             Tuberville         is necessarily absent.                                  Education and Labor. Given her labor
                                                 Hyde-Smith        Rubio                                   Mr. THUNE. The following Senators                     expertise and commitment to public
                                                 Johnson           Sasse
                                                                                                         are necessarily absent: the Senator                     service, she would be an enormous
                                                                 NOT VOTING—2                            from Tennessee (Mr. HAGERTY) and the                    asset to the Department of Labor.
                                                 Hagerty           Inhofe                                Senator from Oklahoma (Mr. INHOFE).                       It is past due that the Senate con-
                                                   The bill (H.R. 3076) was passed.                        The yeas and nays resulted—yeas 78,                   firm her nomination.
                                                                  f
                                                                                                         nays 19, as follows:                                      Ms. Watson is one of many excellent
                                                                                                                      [Rollcall Vote No. 72 Ex.]                 pro-worker nominees that have been
                                                         EXECUTIVE SESSION                                                    YEAS—78                            put forward by the Biden-Harris admin-
                                                   The PRESIDENT pro tempore. Under                      Baldwin           Carper                Durbin          istration.
                                                 the previous order, the Senate will pro-




rfrederick on DSKBCBPHB2PROD with SENATE
                                                                                                         Barrasso          Casey                 Ernst             Working families and unions built
                                                 ceed to executive session.                              Bennet            Cassidy               Feinstein       the American middle class, and work-
                                                                                                         Blumenthal        Collins               Fischer
                                                   There will now be 2 minutes of debate                 Blunt             Coons                 Gillibrand
                                                                                                                                                                 ing families and unions helped to make
                                                 equally divided.                                        Booker            Cornyn                Graham          the Nation what it is today—the
                                                   The Senator from Michigan.                            Brown             Cortez Masto          Grassley        strongest, most powerful nation in the
                                                           CLOTURE MOTION WITHDRAWN                      Burr              Cramer                Hassan          world.
                                                                                                         Cantwell          Crapo                 Heinrich
                                                  Mr. PETERS. Mr. President, I ask                       Capito            Daines                Hickenlooper      Every worker in America deserves to
                                                 unanimous consent that the cloture                      Cardin            Duckworth             Hirono          be paid a living wage and treated with



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