Congressional Record, Senate, July 26, 2022, Page S3670
Summary
A page of the Congressional Record, Senate, dated July 26, 2022, at page S3670. One speaker argues that powerful interest groups are pouring dark money into ads against drug pricing legislation, that the funder of one ad is not disclosed, and that Big Pharma is the only one to benefit. A second speaker talks about housing, saying that rents in Providence, RI have jumped 23.8 percent from last year and citing the National Low Income Housing Coalition's finding that homes with low monthly rents declined by 4 million between 1991 and 2017. The page also records a recess until 2:15 p.m. The remarks are the speakers' own.
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“Congressional Record, Senate, July 26, 2022, Page S3670.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-07-26-crec-2022-07-26-pt1-pgs3670-2-0bdb9a8cda/
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S3670 CONGRESSIONAL RECORD — SENATE July 26, 2022
Here is why: Because powerful inter- lution? Then come support this legisla- summer. In Providence, RI, rents have
est groups out there don’t want this tion. Help us in this country lower jumped 23.8 percent from last year.
legislation to succeed. So they are costs for so many families who lit- When supply is tight and rents go up,
pouring dark money into efforts to erally need access to medications that it is harder for our more vulnerable
stop it. they cannot afford. That is not what community members to afford housing.
Now, we don’t know who really fund- this country stands for. That is our seniors, people with disabil-
ed this ad, and the organization that So that is the truth, and to anyone— ities, and the unhoused. People who
wrote the check doesn’t have to dis- anyone—who wants to come out and have been a part of the fabric of our
close that information. So nobody can challenge that, I am ready to debate communities for decades are no longer
be held accountable, and that is part of you any time of the day. able to afford staying. It is a scary
the problem. And that is why I have I yield the floor. prospect that is facing too many Amer-
been calling for this accountability and f icans.
this transparency about who is funding This didn’t happen overnight. Ac-
all of these ads. RECESS cording to the National Low Income
That is what we know—that the dark The PRESIDING OFFICER. Under Housing Coalition, the number of
money is out there, and the only one the previous order, the Senate stands homes with low monthly rents declined
that is going to benefit from these ads in recess until 2:15 p.m. by 4 million between 1991 and 2017.
at the end of the day is Big Pharma, Thereupon, the Senate, at 12:54 p.m., And the underbuilding of starter
because they don’t want their profits recessed until 2:15 p.m., and reassem- homes for decades has caught up to us,
cut. So they are trying to frighten Ne- bled when called to order by the Pre- creating a major housing supply
vadans and pressure me to vote against siding Officer (Ms. SINEMA). crunch that has led to soaring rents
a bill that would help my very con- and home prices. Developers have more
f incentives to build six-bedroom
stituents.
Well, let me just say this: It won’t CHIPS ACT OF 2022—Continued ‘‘McMansions’’ and luxury apartments.
work. I stand up to bullies, and when I That doesn’t help folks who just need a
The PRESIDING OFFICER. The Sen-
was attorney general, I was very proud safe, affordable place to live in their
ator from Rhode Island.
that not only did I take on the big community, and it doesn’t meet the
AFFORDABLE HOUSING
banks during the foreclosure crisis, needs of young families who just want
but, during my tenure and continuing Mr. REED. Madam President, among about 1,800 square feet, four walls, and
now, I stood up to Big Pharma, suing the many financial worries for average a roof. We now have a housing market
Pfizer for millions after the company Americans, particularly young families where police officers, firefighters,
misled Nevada consumers about the just starting out, is finding a safe, af- teachers, and nurses cannot afford to
safety of its drugs. fordable place to live. The simple fact live in the communities that they
So I am not going to be intimidated is that we don’t have the supply of serve. Simply put, our current housing
by advertisements spouting false infor- housing to meet demand. Indeed, we stock does not have homes to match
mation to my constituents. have a shortfall of 7 million affordable what families want and what families
So I am here today to set the record housing units according to the Na- need.
straight and make sure that Nevadans tional Low-Income Housing Coalition. Also contributing to the problem, our
understand what is really going on, be- Certainly, the COVID–19 pandemic housing market has been flooded with
cause here is what is happening: The reduced housing production and cre- speculators, private equity firms, and
very legislation that I am working on, ated kinks in the supply chain for im- large institutional investors who are
that the Presiding Officer is working portant raw materials like lumber, but starting to come in looking for big
on for New Mexico, and so many of us the truth is that we were lagging when profits. This is why Chairman BROWN,
are, would dramatically lower prescrip- it came to building and maintaining af- Senator WARREN, and I have called on
tion drug costs and strengthen Medi- fordable housing long before COVID–19. HUD to stem the flow of single-family
care. It would do this by capping out- Back in 2020, a Rhode Island family homes to institutional investors and
of-pocket costs for prescription drugs. earning the State’s median income help level the playing field between
It would punish drug companies that could not afford to buy a home at the families and large investors.
try to raise the prices of their drugs median price anywhere in the State. It In this kind of market, it is hard for
faster than the rate of inflation. And, has only gotten worse since then. everyone, especially first-time buyers.
oh, yes, it would allow the government Across the country, home prices have Over the last 2 years, the Federal
to negotiate fair prices for drugs from risen 13.4 percent from last year, with Government has made substantial in-
pharmaceutical companies. the national median price now at vestments in affordable housing, help-
Our legislation will save the govern- $416,000. ing people experiencing homelessness,
ment almost $300 billion. Now, that is In my State, the Rhode Island Asso- and keeping people stably housed.
not a cut; that is a savings. Every ciation of Realtors reports that the Without the measures we adopted, the
household in the country knows the median price of homes sold in June 2022 housing situation for millions of Amer-
difference between the two. Under this reached an alltime high of $430,000. icans would be even worse.
plan, Nevadans will be getting more That is 11.7 percent higher than a year I was part of the bipartisan working
benefits for less money, period. That is earlier. group that negotiated the CARES Act,
the truth. A large reason that home ownership which was a step toward keeping peo-
Here is my question to Big Pharma: is out of reach for many Americans is ple safe, protecting public health, and
Why do you go out and scare individ- the inventory levels are so low. In re- preventing an affordable housing crisis
uals, put ads out there that you are cent months, sales have dropped as in- from becoming an eviction disaster.
paying for that are lies, when in actu- terest rates have increased, but we are But, clearly, the CARES Act wasn’t
ality you could be working with us? still nowhere near a balanced market. enough. That is why I introduced a bill
Because here is what I know, at the In a healthy housing market, there is to provide rental assistance and home-
end of the day, from my constituents: usually a 6-month supply of homes owner assistance to families. That leg-
Nobody in this country, whether you available for sale at any given time. islative initiative led to the influx of
live in the State of Nevada or in any Right now, our country has less than a more than $46 billion in emergency
other State, should have to make a 3-month supply of homes, and Rhode rental assistance to help renters who
tough decision of whether you can af- Island has less than a 2-month supply. have struggled to pay their rent and
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ford your healthcare, your prescription As potential home buyers are priced utilities during the pandemic. Those
drugs, or put food on the table or pay out of the housing market, they re- funds have also been used to help with
your electric bill. That is not what this main in the rental market, adding ad- housing stability, particularly for
country is about. ditional pressure to rental prices. Ac- unhoused individuals. In total, emer-
So to Big Pharma, I will call you out. cording to apartmentlist.com, rent has gency rental assistance has helped over
You want to really be a part of the so- grown 14.1 percent nationally from last 34,000 families in Rhode Island alone.
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July 26, 2022 CONGRESSIONAL RECORD — SENATE S3671
And I also worked with colleagues to small homes with many energy-saving isiana—and I know this is true in your
deliver nearly $10 billion under the aspects. They are the future, and we State, Madam President, and across
Homeowner Assistance Fund to help have to invest in that future. the country—are facing some of the
homeowners who experienced COVID–19 And as I said, we have to build to largest energy bills, electricity bills, in
hardships keep up with house pay- focus on a green future that includes the history of ever.
ments and stay in their homes. Over the effects of climate change. That In the past month, I have learned
$50 million in this fund is helping means we need to pass the Green Ret- about a woman in Shreveport in my
homeowners in my State. rofits Act, which I introduced with State whose electricity bill went from
Rhode Island and other States are Senator COLLINS. This bill would boost $182 to $243, a Baton Rouge resident
also committing their American Res- energy efficiency in thousands of mul- whose bill went from $65 to $353, a cit-
cue Plan dollars toward building new tifamily residential homes nationwide izen from my city of New Orleans
affordable housing. It is hard to over- by bolstering public-private partner- whose bill went from $140 to $280 in 1
state the impact that this cushion of ships to make healthy home upgrades month.
support has had for families in our and creating a new program to dis- As one of my people put it, ‘‘Your
State and across the country. tribute energy efficiency grants and electricity bill should not be one-third
Putting a historic emphasis on hous- loans. of your paycheck.’’
ing support helped eliminate a major We need to increase our assistance Now, I realize that to some Ameri-
potential economic hardship that could and our commitment to homeless as- cans who are fortunate enough to be
have been catastrophic for millions of sistance grants. That includes funding wealthier, these increases may seem
Americans. Without the worry of how for the Continuum of Care Program, insignificant, but many of my people in
to make rent or mortgage payments, which serves over 750,000 people experi- Louisiana live from paycheck to pay-
families didn’t need to scramble to find encing homelessness each year, and for check. And put very simply, many of
shelter and uproot themselves from emergency solution grants, which sup- the people in my State and many of
their support systems. Kids had safe port over 350,000 who are in emergency their fellow Americans simply cannot
homes and could stay in the same shelter each year. afford this.
school. It helped parents keep their We need to fully fund housing choice Now, look, I understand it is hot. I
jobs, helped seniors stay connected to vouchers, make them easier to use in understand it is hot in Louisiana. Here
their communities, and kept all of us communities, and incentivize landlords is a news flash: In the summer, it is al-
healthier and safer. We need more of to take these vouchers, which is being ways hot in Louisiana. Some days, I
this kind of support for families, not done presently in Rhode Island. think that God gave Louisiana a choice
less. Investing in housing will not fuel the between good food and good weather,
Measures like the Emergency Rental fire of inflation; it will tackle one of and we chose good food. I get that.
Assistance Program and the Home- the key contributors to rising costs But heat is not the main reason that
owner Assistance Fund were tem- and help stabilize family budgets. these electricity bills are soaring. It is
porary, and those programs are going On many of these fronts, State and not. The main reason that electricity
to be wrapping up in the next few local action is also needed to move the bills are soaring is because of President
months. As we look ahead to the fu- ball forward. State and local govern- Biden’s profoundly foolish energy poli-
ture, it is time for us to think, What ments must address the issue of exclu- cies which have depleted America’s
have we learned? What are the acute sionary zoning. In far too many places, natural gas inventories.
needs of housing today? there are barriers to building multi- Because of this, natural gas prices
There is no question we need to build family homes or townhouse and too- have increased 75 percent from 2020—
more affordable housing. We need to high minimums for lot sizes, making it not 9.1 percent that you read in the
invest in rehabilitating old homes but very challenging to build affordably. newspaper or attributed to inflation in
also in building new homes, specifi- It should be easier for people to con- general, not 20 percent—75 percent, and
cally for low-income families. vert their garage into living space for a they continue to climb.
We need to fortify the Federal pro- family member, such as an in-law suite Entergy is one of the largest elec-
grams that incentivize private invest- above a detached garage. And that is tricity providers in my State, particu-
ment in affordable housing, like the just one example. larly in South Louisiana—actually, all
National Housing Trust Fund, the Cap- Some of these challenges can be over my State. Entergy just sent a let-
ital Magnet Fund, Low-Income Hous- traced back to ‘‘not in my backyard’’ ter to its customers, and I want to
ing Tax Credits, and HOME Investment attitudes, which we must all do our quote from it. This is what Entergy
Partnerships. That includes extending part to overcome. told its ratepayers and my people:
available low-income housing tax cred- Every family should have a decent, [T]he cost of natural gas, which we use to
its by reinstating the 12.5-percent affordable place to live, and we need to operate numerous power generation facili-
ties, continues to rise. Natural gas prices in
boost that expired at the end of 2021. It commit ourselves to making the in- April of 2022 were more than double those in
also means passing the bipartisan vestments and adopting policies to April of 2021 and three times higher than
LIFELINE Act introduced by Senators make that possible. April 2020. As a result, these higher-than nor-
LEAHY, COLLINS, WYDEN, myself, and And emphasizing, once again, invest- mal costs will be seen on customer bills.
many others so that we can maximize ment in housing will lower costs to That is why my people are so scared.
the impact of the State and Local Fis- families, which will be an effective way That is why the American people are so
cal Recovery Funds from the American to help overall—not immediately—but scared.
Rescue Plan when States put those overall to lower inflationary pressures Louisianans are not alone in this. A
funds toward building and maintaining on our working families. recent survey—and this is a very rep-
affordable housing. I yield the floor. utable research firm called
We need to invest in apprenticeships The PRESIDING OFFICER. The Sen- HelpAdvisor—just found that 24 per-
and training programs to create a more ator from Louisiana. cent—a quarter—of all Americans have
skilled construction workforce with a Mr. KENNEDY. Madam President, reduced or gone without paying basic
focus on attracting more diverse work- joining me today on the floor are Mr. expenses so they can pay their energy
ers. James Shea, Mr. Woody Daigle, and bills, pay their electricity bills.
We need more innovation, with Ms. Bernadette Breslin—three very What country are we living in?
quicker building techniques and high- able members of my staff. Now, the current energy crisis—and
tech materials. This is not a pipe- ENERGY POLICIES that is what this is—is a sucking chest
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dream. Rhode Island has already shown Madam President, I want to talk for wound for Louisianans and for Ameri-
the world how to get innovative in the a few minutes today about electricity cans. Yet President Biden refuses to
housing space with ONE Neighborhood and, more specifically, about how to budge from his war on affordable en-
Builders’ Sheridan Small Homes and pay for it. ergy that got us here.
Bowdoin Street Rowhouse. These are My people are really struggling right I will say this: President Biden has
innovative construction projects— now. Folks in my home State of Lou- been true to his word. On day 1 of his
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S3672 CONGRESSIONAL RECORD — SENATE July 26, 2022
campaign, he said he would destroy my State. For example, for customers pleted more than three-fourths of her
America’s energy independence. By in New Orleans, Entergy has created a trip, which would have made her the
God, he has done it. He said that. By program called Energy Smart Pro- first pilot ever to circle the Earth at
God, he has been successful. He killed gram. Entergy, the electric power com- its equator. Amelia had already made
the Keystone Pipeline. He has canceled pany, will send an employee out to history before this flight. She was the
our country’s mineral leases. He your residence for free and make sug- first person to fly solo from Hawaii to
stalled our country’s pipelines. He has gestions about how you can lower your the U.S. mainland, the first woman to
told his banking regulators to dry up bills. fly solo across the Atlantic, and the
capital and loans for energy produc- There are other entities that are try- first woman to fly nonstop across the
tion. He has put the full force and ing to help. There is a group called United States. In defying odds and ex-
weight of the U.S. Government behind Share the Light and another group pectations with each new accomplish-
this effort to destroy oil and gas. In called SMILE. These are local non- ment, she became a global superstar
doing so, he has intentionally forfeited profits in Lafayette that will try to and one of the most accomplished pi-
America’s energy independence, and help people in their areas who are hav- lots in history.
that is why electricity bills are so ing trouble paying their electricity While Amelia was a pioneer for avi-
high. bills. ators everywhere, she is still today a
I will give you one example, but I am SLEMCO is also offering a terrific role model for every person but espe-
not going to beat this to death. Earlier utility assistance program that would cially for women and young girls who
this month—I guess just before July 4— provide a one-time $300 grant payment strive to break barriers and achieve
President Biden’s Department of the for people who can’t pay their elec- their dreams despite the odds being
Interior released its 5-year Federal tricity bills. against them.
leasing plan. That plan contains a max- Of course, there are also programs In my home State of Kansas,
imum—it doesn’t even mean they will under my State’s Louisiana Housing Amelia’s legacy lives on and continues
do this amount—of 11 lease sales for oil Corporation, such as LIHEAP and the to know no limits. Kansas is home to
and gas producers. Do you know what Weatherization Assistance Program, the Air Capital of the World for good
the last plan proposed was under the that can help folks reduce their elec- reason. Our State has been home to
prior administration? Forty-seven. tricity bills. many aviation manufacturers over the
It is clear. I mean, I get it. President Let me close in this way. Two years course of a century, and on any given
Biden does not want the United States ago, I was on this same floor and in summer’s day, with eyes to the sky,
of America to produce its own fossil this very same spot—right here. I was you can see crop dusters flying low,
fuels. He just doesn’t. His new plan is able to talk about how our economy dodging trees and power lines, diving
we are going to forfeit our energy inde- was soaring. Two years ago, I was able upon acres and acres of cropland. Look-
pendence. to proudly say that we in America were ing farther upward, you might see
We have to have oil and gas to run energy independent, that unemploy- hobby pilots or executive jets, and
the greatest economy in all of human ment was at record lows, and that often, you will hear screeching fighter
history. Where are we going to get it if Americans had more money in their bombers and giant jet refuelers, but to
we forfeit our energy independence? pockets. We can have that again. The see them, you have to strain your eyes
Well, we are going to buy up natural American people deserve it. We can forward of the booming sound. Indeed,
gas and oil from countries—foreign have it again but not if President our spacious land is well fitted for spa-
countries—that hate us. So those for- Biden continues to double down on cious runways, and our faraway hori-
eign countries will have more money to what, in my judgment, is his bone- zons that provide endless visibility go
buy weapons to try to kill us. That is deep, down-to-the-marrow, foolish en- on for miles on end, signaling Kansas
what we are doing. ergy policy, which, when you scrub will remain the Nation’s leader in aero-
Now, what is the answer? How do we away all the rhetoric, amounts to this: space and drone development.
fix this? Well, the answer—duh—is to wind, solar, and wishful thinking. I want to go back for a moment to a
have the American people produce You can’t produce electricity with young Amelia being brought up in the
their own oil and gas. We can do it, and wishful thinking. My people’s bills are heartland. Yes, Kansas is where 9-year-
we have done it before. We were energy way too high, and they don’t have to be old Amelia first took to flight. Listen
independent. My people in Louisiana that high if President Biden would just to this story.
know how to produce clean, affordable listen. Inspired by an exhibit she saw at the
energy and so do other people in other I yield to Senator MARSHALL. 1904 World’s Fair, she built by herself a
States. The PRESIDING OFFICER. The Sen- makeshift roller coaster. Recall again
This is what else my people would ator from Kansas. she is 9 years of age in this story. She
tell President Biden if they could speak HONORING AMELIA EARHART launched her coaster off the roof of her
to him directly. They would say: Mr. Mr. MARSHALL. Madam President, house. After tipping over the edge of
President, with all due respect, we can this week, after waiting more than 20 the roofline, she said: ‘‘It felt like I was
produce natural gas; we can produce years, Amelia Earhart’s statue will re- flying.’’ Sixteen years later, she pur-
oil. place fellow Atchison, KS, native and chased her own plane and flew to new
They would go further. They would former U.S. Senator John Ingalls in heights.
say: Mr. President, we want you to un- the National Statuary Hall Collection. Today, I also want to honor the peo-
derstand that we don’t hate wind, and Amelia will join President Dwight D. ple of Atchison, who have taken great
we don’t hate solar. We, the people of Eisenhower, our Nation’s 34th Presi- lengths to preserve and tell Amelia’s
Louisiana, want to explore all alter- dent and Abilene, KS, native, as one of story for all Americans to hear. My
native forms of energy: wind, solar, nu- Kansas’s two tribute statues in the wife and I not too long ago enjoyed a
clear, clean hydrogen, hydroelectric. Capitol Building. President Eisen- great day visiting her perfectly pre-
But they would go further and say: hower’s statue was placed in the Cap- served birth home, but the star of the
Mr. President, we want a balanced en- itol Rotunda in 2003, but Amelia’s jour- show for our visit—a ‘‘must go see’’ for
ergy policy. Ours is the greatest econ- ney to our Nation’s Capitol has taken everybody but especially for American
omy in all of human history, and it much longer. Kansans, and especially history buffs—was the new Amelia Ear-
uses a lot of energy, and 80 percent of the people of Atchison, persevered, just hart Hangar Museum, which honors
our energy comes from fossil fuels. Do as Amelia did in her pursuit of flight, Amelia’s aviation legacy and inspires
we work every day to make those fossil to coordinate and create a bronze stat- all generations in the pursuit of flight.
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fuels cleaner? Yes, but we can’t do ue and limestone base—an appropriate The centerpiece is Muriel, the world’s
without them. When we try, this is nod to our State’s signature natural last remaining Lockheed Electra 10–E,
what happens in terms of electricity stone. an aircraft identical to the plane Amel-
bills. It was 85 years ago this month that ia flew on her final flight. Muriel is
There are ways that people can get Amelia Earhart vanished over the vast named for Amelia’s younger sister,
help. They are struggling right now in Pacific Ocean. She had already com- Grace Muriel Earhart Morrissey.
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July 26, 2022 CONGRESSIONAL RECORD — SENATE S3673
What I am really excited about at the at the time. Her independence and am- renowned oceanographer and Kansan
museum is the immersive STEM exhib- bition were evident from a very young Dr. Bob Ballard, but have left the
its, which take visitors through age. world continuing to wonder what ever
Earhart’s adventurous life, from grow- Amelia’s go-getter attitude propelled happened to Amelia.
ing up in Atchison, KS, to the height of her to become an innovative entre- She captivated the hearts and the
her worldwide fame as the first woman preneur—working as a stenographer, minds of many and inspired the next
to fly solo across the Atlantic Ocean. an author, a social worker, a truck- generation of pilots to love the sky in
Every school within busing distance driver, and even a fashion designer. the same way she did.
has to plan a field trip to Atchison in Later in life, when Amelia was asked Undeniably, the State of Kansas has
the coming year. Parents should be how she maintained such a fervent a long history steeped in the aviation
fighting for the chance to chaperone. work ethic, she stated: industry, but without pioneers like
Finally, I want to salute Atchison’s The most effective way to do it is to do it. Amelia Earhart, our State would not
annual festival in honor of Amelia, This can-do spirit was the catalyst be the epicenter of aviation that it is
which I attended just a couple of week- for Earhart’s daring and fast-paced ca- today.
ends ago, celebrating her life and Now, in celebration of her accom-
reer as an aviator. Amelia fell in love
achievements with history lessons, plishments and legacy, Amelia Earhart
with flight when she took a plane ride
concerts, downtown arts and crafts, a will join President Dwight D. Eisen-
at a California airshow in 1920, and it
world-class fireworks extravaganza, hower as bronze beacons representing
wasn’t long after that experience be-
and a luncheon honoring the Amelia Kansas in our Nation’s Capitol as part
fore Amelia started her first pilot les-
Earhart Pioneering Achievement of the National Statuary Hall Collec-
sons.
Award recipient. It was there for the tion. Tomorrow, this Wednesday, we
She completed her aviation courses
first time that I connected with the will unveil Amelia’s statue to the
in 1921, making her only the 16th
legend of Amelia and why the home- world, just 3 days after what would
woman in the world with a license to
town folks, nearly 130 years after her have been her 125th birthday.
fly. Earhart quickly purchased her own
birth, fight to preserve her legacy and This week would not have been pos-
plane and wasted no time in becoming
especially how much she means to the sible without the efforts of Jacque
one of the world’s most notable avi-
ladies of the community. Pregont, Karen Seaberg, and Reed
ators.
Amelia flew to new heights and trav- Berger, all with the Atchison Amelia
Following Charles Lindbergh’s solo
eled longer distances than ever before, Earhart Foundation.
flight across the Atlantic, interest Thank you for your extensive and de-
and today, Americans everywhere are grew to see a woman fly across the At- termined efforts. This partnership has
joining Atchisonians and Kansans as lantic. On June 17, 1928, Earhart took made so much progress to get us to the
we all honor Amelia this week out of a off but only as a passenger. After land- day that we now arrive at.
shared admiration for her innovative, ing in Wales some 20 hours later, she I look forward to the dedication cere-
pioneering spirit. recalled how she felt like she was ‘‘just mony on Wednesday and seeing Kan-
Her fellow Atchison native and stat-
baggage, like a sack of potatoes,’’ and sans fill Statuary Hall to honor and
uary predecessor, John Ingalls, coined
added, ‘‘Maybe someday, I’ll try it preserve Amelia Earhart’s legacy.
the motto for our State, ‘‘Ad Astra per
alone.’’ I yield the floor.
Aspera,’’ which means ‘‘to the stars
Shortly after that trip, Amelia an- The PRESIDING OFFICER. The Sen-
through difficulties.’’ Amelia Earhart
nounced she would fly the same path ator from Iowa.
personified that motto by pushing
that she did in 1928 but this time on her NATIONAL WHISTLEBLOWER APPRECIATION DAY
against social boundaries set for
own, solo. When the pilot was asked Mr. GRASSLEY. Madam President, I
women and breaking new records in
what prompted her to reattempt this don’t know how many years in a row I
flight not just for a woman but for all
flight, she stated: have been doing this, but this week in
aviators.
For generations to come, her spirit There’s more to life than just being a pas- July, I always come to the Senate floor
senger. to honor whistleblowers.
and her likeness in Statuary Hall will
inspire not only Kansans but also visi- In 1932, Earhart became the first I expect this week that the Senate
tors from around the world. woman to complete a solo trans- will unanimously pass my resolution
I yield the floor. atlantic flight in a record time of 14 designating this Saturday, July 30, as
The PRESIDING OFFICER. The Sen- hours 56 minutes, despite being faced National Whistleblower Appreciation
ator from Kansas. with a number of challenges during the Day. This year the resolution has 21 co-
Mr. MORAN. Madam President, this trip. sponsors from both sides of the aisle,
week, the U.S. Capitol will welcome a Earhart continued to break records more cosponsors than this resolution
bronze statue of a determined young by completing the first-ever solo flight has had ever before. Now, that should
woman with short-cut hair, a curious from Hawaii to California, from Los serve as a very important reminder
smile, and a bomber hat in hand. For Angeles to Mexico City, and reaching that protecting and celebrating whis-
almost everyone around the country, the highest altitude a female pilot had tleblowers is not a partisan issue. It is
this young woman is easily recogniz- ever reached at the time. just as simple as it being good govern-
able as the adventurer and aviator Her spirit of adventure led her to at- ment.
Amelia Earhart. tempt the greatest feat: a flight around This Congress, I have been working
Amelia Earhart, the most famous the world. Amelia would be the first on several pieces of whistleblower leg-
woman in aviation, soared into the his- person to attempt this by taking the islation that also have bipartisan sup-
tory books, setting flight records and equatorial route, starting in the west port. One of those bills, which I intro-
breaking barriers. But before she be- and making her way east. This was an duced last December along with Sen-
came known worldwide as the Queen of astonishing 29,000-mile route, with the ators WARREN and WARNOCK, relates to
the Air, she was the daughter of a last 7,000 miles occurring over the Pa- money laundering. In 2020, Congress es-
small town in Kansas, Atchison. cific Ocean. tablished the first-ever anti-money-
Amelia Earhart was born in 1897 in She left with her navigator, Fred laundering whistleblower program.
Atchison, KS, a rural community that Noonan, on June 1, 1937, making stops Under this reward-based program,
had a population then of about 500 peo- in South America, Africa, India, and whistleblowers who provide actionable
ple. As a young girl, Amelia kept busy Southeast Asia. Every stop on her jour- information to the government that
with her sister Muriel. The girls were ney, she came closer and closer and exposes money laundering may receive
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constantly exploring their own neigh- closer to achieving her goal. a percentage of the funds recovered as
borhood, climbing trees, and playing On July 2, 1937, the day of the longest a result of their disclosure.
with animals. During her high school leg of her journey, her quest ended too While that is an important step for-
years, Amelia excelled in chemistry, soon in radio silence somewhere over ward, the current program has its
which inspired her to go to medical the Pacific. Intensive searches con- issues. First, there is no minimum
school—a goal unthinkable for woman tinue to this day, most recently by the award amount, so the government isn’t
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S3674 CONGRESSIONAL RECORD — SENATE July 26, 2022
obligated to pay a whistleblower any- something that we can all get behind. actually doubles down on corporate
thing at all, even if the information It can and should unite every Member welfare. This bill now includes an ex-
that the whistleblower provides leads of the Congress who believes govern- pansive tax credit that will subsidize
to a successful enforcement action. ment needs to remain transparent and semiconductor manufacturers to the
Second, the program doesn’t provide accountable to people. This week, I en- tune of about $24 billion.
the Treasury Department with a mech- courage my fellow Senators to remem- In total, American taxpayers will pay
anism to pay whistleblowers and, in- ber that important fact. up to 40 percent of the cost of a semi-
stead, relies on yearly congressional Let’s renew our shared commitment conductor facility. That means indi-
appropriations. to strengthening the Nation’s whistle- vidual companies are in line to receive
My bill addresses these issues. It blower laws by taking up and passing billions in taxpayer funds. For exam-
raises the cap on whistleblower re- this important whistleblower legisla- ple, Intel has announced plans for a $20
wards from 25 to 30 percent, and it sets tion. billion facility. Taxpayers will write a
a 10-percent base minimum on rewards H.R. 4346 check from a low of $4 billion to pos-
to ensure that if the government col- Madam President, now on another sibly a high of an $8 billion check for
lects as a result of the whistleblower’s subject—and it is the subject that is this one facility.
disclosure, the whistleblower isn’t left before the Senate right now that I as- I am dumbfounded that my Demo-
holding the short end of the stick. It sume will be brought up for final ac- cratic colleagues can justify this, and I
also establishes a funding mechanism tion yet this week—which is the vote say that because President Biden and
to ensure that the Treasury Depart- on a stripped-down China competition his allies in Congress rant and rave
ment has funds readily available to pay package. about profitable corporations paying
whistleblowers independent of congres- Now, gone is language combating little or no tax. And yet, under this
sional appropriations. China’s unfair trade practices. Gone bill, some of the largest and most prof-
These improvements will ensure that are provisions preventing fentanyl and itable companies in the world are
whistleblowers have the confidence to narcotics from entering the country. poised to pay zero tax.
come forward and assist law enforce- In fact, unlike typical tax credits
Gone is my proposal to stop subsidizing
ment in cracking down on money laun- that reduce a company’s tax bill, this
China through the low-cost World
dering. one will allow a company to receive
Bank loans. Gone are provisions that I
The bill also expands the whistle- the credit as a cash payment, exceed-
championed preventing the flood of
blower disclosures that are eligible for ing any taxes that that company might
counterfeit Chinese merchandise. And
the award. Current whistleblower laws pay.
gone are condemnations of the Chinese
don’t offer anything to whistleblowers Outside of Senator SANDERS, Senate
Communist Party for the ongoing Democrats seem very unconcerned
who report violations of sanctions genocide of the Uighur minority.
against individuals. That would include with making these large profitable cor-
Last year, I supported an earlier
sanctions placed on Russian oligarchs porations—as you hear them say all
version of this bill, in large part be-
following Putin’s unprovoked invasion the time—‘‘pay their fair share.’’
cause it included these very tough-on- I hope that they keep this in mind
of Ukraine. That is a missed oppor- China policies that I just mentioned when liberal groups inevitably point to
tunity. I have it on good authority that are missing from this piece of legisla- more profitable multinationals not
there are some whistleblowers who tion that the Senate will soon be vot- paying taxes. Don’t try then and blame
might have come forward to report ing on. But now these policies are out, Republicans or the 2017 tax bill, which
sanction violations associated with the and more spending is in. has resulted in record revenues coming
Russians if only the reward system It includes more than $76 billion of
into the Federal Treasury. In fact, the
were in place to cover their disclosure. subsidies earmarked for a single indus-
2017 tax bill should be the model for
My bill fills the gap by expanding the try: the semiconductor manufacturers.
how we should be competing with
list of covered disclosures to include Semiconductors, or chips, are impor-
China. Instead of targeting specific in-
sanctions violations. tant, but that doesn’t mean that we
Another bill which I am introducing dustries for lavish subsidies, we re-
should write these companies a blank
this week strengthens the FBI whistle- formed our Tax Code to eliminate spe-
check. If incentives to encourage more
blower protections. For years, the FBI cial interest loopholes while helping all
semiconductor investment in the
has argued that the FBI and the Jus- industries compete on a global scale,
United States are necessary, they
tice Department should retain tight including against China.
should be targeted. A competitive tax code, pro-growth
control over FBI whistleblower-retalia- I understand the national security
policies, and rule of law allow Ameri-
tion cases. The FBI has its own sepa- concerns, but simply mentioning the
cans to do what Americans do best, and
rate whistleblower law that leaves au- words ‘‘national security’’ isn’t the end
that is innovate. That is how we will
thority for settling FBI whistleblower- of the discussion.
outcompete China.
retaliation complaints to the FBI and Proponents must show how these In contrast, onshoring wasteful and
to the Department of Justice. subsidies will accomplish their objec- inefficient Chinese industrial policies
The bill that I introduce will allow tives. These subsidies are not targeted will only stifle innovation and weaken
FBI employees to appeal their whistle- at domestic production of the advanced our dynamic economy, which is our
blower retaliation cases to the Merit chips produced almost exclusively by great advantage.
Systems Protection Board. This bill our allies in Asia. Furthermore, these I yield the floor.
gives them outside review by a neutral subsidies fail to include adequate safe- I suggest the absence of a quorum.
third party. The bill also includes a guards to prevent companies receiving The PRESIDING OFFICER. The
kickout provision. That will mean subsidies from turning around and— clerk will call the roll.
that, if the FBI doesn’t act in a timely you know what?—possibly investing in The legislative clerk proceeded to
manner, the whistleblower can take China. call the roll.
their cases straight to the Merit Sys- A lot has changed since Congress Mr. DURBIN. Madam President, I ask
tems Protection Board. began talking about these subsidies unanimous consent that the order for
This bipartisan bill is cosponsored by more than a year ago, and the Senate the quorum call be rescinded.
Senators DURBIN, HAWLEY, WHITE- passed this bill a long, long time ago. The PRESIDING OFFICER. Without
HOUSE, and BLACKBURN. I want to According to a recent Wall Street objection, it is so ordered.
thank each of those cosponsors for Journal editorial, the semiconductor AFFORDABLE CARE ACT
their support. industry has already announced $80 bil- Mr. DURBIN. Madam President, I
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Those are just two of several legisla- lion of U.S. investment by 2025. More- thought that the Republicans wanted
tive initiatives before Congress that over, there is growing evidence that a to cut taxes, but when it comes to
will ensure whistleblowers remain pro- chip glut is down the road, coming American families’ health insurance,
tected. I urge Congress to consider and along. they want to raise taxes. Now, why?
pass this legislation before the end of Yet, instead of looking to trim back Well, there is one simple explanation:
the year. Support for whistleblowers is or better target the subsidies, this bill Barack Obama. You see, it was Barack
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July 26, 2022 CONGRESSIONAL RECORD — SENATE S3675
Obama who came up with the ACA— that says ‘‘lower health insurance pre- could be more disappointed than my-
the Affordable Care Act—where mil- miums’’? The Democrats are. The Re- self in the fact that we don’t have a
lions of Americans have access to publicans are not. conference report before us at this
health insurance—affordable health in- Millions of people will either lose point in time.
surance—35 million, 1 out of 10 Ameri- their insurance or pay more if we don’t With so many different committees
cans. do something. Not one single Repub- and the four corners working to resolve
But in the efforts of the Republicans lican Senator will join in our efforts, so many issues, I had hoped that we
to end the Affordable Care Act, they but those families in every State are would get over the goal line and be
are basically trying everything. There going to be benefited by this. here with that conference report.
was a time when there was this his- Let’s not forget how hard Republican Unfortunately, events overtook us
toric, tension-filled moment on the Senators have fought to come down on and objectives of the calendar and a va-
floor when three Republican Senators the side of insurance companies and riety of issues that narrowed the dis-
saved the Affordable Care Act. Sen- take away health insurance for Ameri- cussion we have before us today to two
ators MURKOWSKI, COLLINS, and John cans. It has been their top priority for focus points: one, the Science Commit-
McCain—and I will still remember that decades. tee’s work with the Commerce Com-
image as long as I am alive—walked on So it falls on Democrats, once again, mittee in the Senate and language that
the floor and saved the Affordable Care to fix this problem. And fix it we must. basically would incent the semicon-
Act. It is my understanding that all 50 ductor industry.
But ever since then, the Republicans Democratic Senators are on board with And our colleagues voted to proceed
have been trying to do away with it providing a multiyear extension of on those two measures, and there was a
every way they can think of. There are these ACA tax credits. I know that lot of discussion on what the definition
millions of Americans who have better House Democrats are with us. of a ‘‘skinny bill’’ was. Not sure, ex-
health insurance because of the Afford- Let us get it done soon by August actly—I mean, I know a lot of the
able Care Act. They cannot be denied when insurers start notifying cus- events that got us to that discussion.
tomers of their 2023 premiums. People But I will say to my colleague that
coverage because of a preexisting con-
nationwide have a lot on their plates he is correct. When USICA left the U.S.
dition. They don’t have annual or life-
these days, from rising costs to fears of Senate, it included this language, and
time limits on coverage. They have
gun violence to increasing COVID cases this language was very much debated
free preventive healthcare, and young
to new restrictions on women’s rights. in conference, and it was part of the ju-
adults can stay on their parents’ plans
Let us not add to the burden of tax- risdiction of several committees, but
until they have reached the age of 26— primarily the HELP Committee, whose
paying families by hiking their health
all positive things, wildly popular. content is now not part of the legisla-
insurance premiums next year. The
Still the Republicans resist the idea tion we are considering.
Democrats want to fix it. We invite the
that this is going to be the law of the So I am hopeful that we will get
Republicans, who give many speeches
land, if they have anything to say those committees that have jurisdic-
on the cost of living for families, to
about it. tion over this language to rectify their
join us.
There is no disputing that ACA is one differences between the House and the
I yield the floor.
of the greatest public policy accom- The PRESIDING OFFICER. The Sen- Senate, but that is what four corners
plishments of a lifetime. But as I men- ator from Kentucky. is. It is rectifying these issues between
tioned, this lifesaving policy is once UNANIMOUS CONSENT REQUEST the House and the Senate, and I hope
again under threat from the Repub- Mr. PAUL. Over 6 million people died that my colleague will work with me
licans. Why? worldwide from COVID; over a million on a conference that will continue
Last year, Congress passed and Presi- Americans died from COVID. after this point.
dent Biden signed into law the Amer- Last year, we passed unanimously an I hope that we get this legislation
ican Rescue Plan, which, among other amendment I had to ban any U.S. tax done, and then I hope that we literally
things, made ACA health plans more dollars from going to Wuhan, China, to return to finish up the rest of the con-
widely available and more affordable the lab. There was a great deal of evi- ference work because there are so
for millions of Americans. dence that this pandemic arose out of many important issues, like this, that
That package increased the size of the lab. we should include in the legislation.
ACA’s tax credit, which eliminated or Gain-of-function research enhances So I hope my colleague will continue
reduced out-of-pocket premiums for the severity of transmissibility of ex- to work with us, knowing that these
millions of people. isting viruses that may infect humans. are not all of the issues that had been
It also expanded eligibility, so that The dangers are so acute that, from discussed, but a more narrow issue.
more lower- and middle-income Ameri- 2014 to 2017, the National Institutes of So, therefore, I object.
cans are now eligible for tax credits. Health suspended funding for all gain- The PRESIDING OFFICER (Mr. MUR-
As a result of these improvements, a of-function projects. PHY). Objection is heard.
record 14-and-a-half million people The emergence of COVID serves as a The Senator from Ohio.
signed up for the ACA plans during the reminder that this dangerous research, UNANIMOUS CONSENT REQUEST
2022 open enrollment period. And I un- conducted in a secretive and totali- Mr. PORTMAN. Mr. President, I am
derstand nearly one-third of these en- tarian country, is simply too risky to coming to the floor today to offer a
rollees found a plan that costs $10 per fund. very straightforward, commonsense
month or less. I, therefore, ask my colleagues to re- amendment that is noncontroversial,
Millions of enrollees selected a plan store this crucial provision that would that has met all of the requirements
that didn’t cost anything. In the midst prohibit the funding of gain-of-function set out by the Democratic leadership—
of this once-in-a-century pandemic, the research in China. by the majority leader—by the chair of
American Rescue Plan provided fami- I ask unanimous consent that it be in the conference, and by the ranking
lies across the Nation with peace of order to call up my amendment No. member of the conference to be accept-
mind that they have continued access 5159. I further ask that there be 30 min- ed. This is language that must accom-
to health insurance. utes of debate, equally divided between pany the research dollars that are part
Here is the problem: If Congress the two leaders or their designees; and, of the CHIPS+ legislation that we are
doesn’t do something—and soon—these finally, that upon the use or yielding considering right now.
enhancements lowering the cost of pre- back of that time, the Senate vote on When you add it all up, when you add
miums for American families will end. adoption of my amendment with no in- up CHIPS and the CHIPS+ language,
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That causes millions of people to lose tervening action or debate. which includes research dollars to
their health insurance or to have to The PRESIDING OFFICER. Is there NSF, NIH, Department of Energy, and
pay more. objection? so on, we are talking about $200 billion
If you are in a time of inflation, The Senator from Washington. of taxpayer money.
where the cost of living is going up, Ms. CANTWELL. Madam President, As part of this process, when we
wouldn’t you want to be on the train reserving the right to object, no one passed the underlying bill, USICA, here
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S3676 CONGRESSIONAL RECORD — SENATE July 26, 2022
in the U.S. Senate, we included lan- which is the new research dollars. That collaboration for their own benefit—
guage that said: You know what, we is what this is all about. again, often U.S. taxpayer-funded.
ought to protect that language. We It should not be surprising that there In just one of many, many cases, a
ought to protect that research. is a lot of bipartisan support for this. chemist was sentenced recently by a
It is like we are buying a really ex- There has been from the start. Why? Federal judge in Tennessee after being
pensive new car, and if we don’t protect Because everybody knows this is a convicted of conspiracy to commit
it, it means we are not buying the in- grave threat to our national security if trade secret theft, possession of stolen
surance that goes with it. The insur- we do not protect American research. trade secrets, economic espionage, and
ance is needed for a very simple reason: The Director of the FBI, Christopher wire fraud. The chemist received mil-
We know that for the past two decades, Wray, recently warned: lions of dollars in Chinese Government
that U.S. taxpayer-paid research—just The greatest long-term threat to our na- grants, including a Thousand Talents
like the research that we are about to tion’s information and intellectual property, Plan award, to steal American innova-
both appropriate and authorize in this and to our economic vitality, is the counter- tion to fund the rise of China’s econ-
legislation—has been subject to being intelligence and economic espionage threat omy.
taken by our adversaries, particularly from China. It’s a threat to our economic se- This is just one of the researchers we
curity—and by extension, to our national se- have been able to stop. Think of how
China. So that is why we need to pro-
curity.
tect it. many have slipped through the cracks
We worked painstakingly over the He characterized China as the largest since we have not yet implemented the
last 4 years on a bipartisan basis to threat to ‘‘our ideas, our innovation, grant and visa reforms included in this
come up with this legislation. Again, it and our economic security.’’ He noted amendment I am offering today.
has been fully vetted. that the FBI now has over 2,000 open In fact, the Department of Health
There was discussion a moment ago cases focused on China, with a new case and Human Services’ IG recently re-
about the four corners. What does that being opened approximately every 12 leased a report that found that more
mean? That means that the chair and hours. This is reality. This is what is than two-thirds of the National Insti-
ranking members of the committees of happening right now. tutes of Health’s grant recipients failed
jurisdiction—the four corners—are After our bipartisan investigation, to meet the Federal requirements re-
asked to approve anything that goes we had a hearing. The FBI showed up, garding foreign financial interests, in-
into this legislation. and we said: Do you know what? We cluding instances of U.S. taxpayer-
Well, everything I am going to talk have learned in our investigation the funded researchers failing to disclose
about today is approved by the four shocking news that for two decades ties to the Chinese Government. That
corners. China has been systematically tar- is NIH. We are funding NIH through
By the way, everything that is in the geting the best American researchers this—some of this money is going to go
underlying legislation—some of the and the best American research to be to the NIH. Yet we are not providing
plus in the CHIPS+ Act—has not gone able to take that research, leapfrog us, the protection to keep this from hap-
through the four corners process. This and it has helped to create an ascended pening.
has. China—the rise of their military and The skinnied-down version of the
To my colleagues who say: Well, if we their economic progress—by taking our amendment today goes directly to the
put this amendment in, how about research, taxpayer-paid. root of the problem. It is the minimum
these other amendments? Look, I have The FBI, testifying, said: Do you we have to do.
five or six things in the USICA bill I know what? You are right. We have First, the amendment makes it pun-
would love to have be part of this final kind of been asleep at the switch, and ishable by law to knowingly fail to dis-
agreement. I have wonderful trade leg- we are going to change that. And they close foreign funding on Federal grant
islation that should be part of this. It have, and that is why you have seen applications.
is not. That is with Senator BROWN, by many, many arrests being made. But Researchers should not be able to lie
the way. I have wonderful legislation they said to us: We need some legisla- to grant-making Agencies about the
that deals with worker retraining that tion. We need a cause of action that ac- money they receive from our adver-
is absolutely related to competitive- tually fits what is going on here be- saries. Pretty simple. Who could be
ness. That is with Senator KAINE. It cause there is not one now. We have to against that?
should absolutely be part of this final come up with other ways, like mail Second, it allows the State Depart-
agreement. It is not. I get that. There fraud or other—tax evasion or other ment to deny visas to foreign research-
are a lot of things that had to be left ways to bring people to justice. That is ers coming to the United States to ex-
out when this conference did not suc- what this legislation does. ploit the openness of our research en-
ceed, even though I, like others, We also heard from the State Depart- terprise.
worked very hard to get that con- ment, and this was career people at the Currently, the State Department can
ference to come to agreement—not just State Department, including now in deny a visa to a foreign researcher they
in my areas. I am the ranking member the Biden State Department. They des- know is coming here to steal export-
on the Homeland Security Committee. perately want new authority to be able controlled technology, but what if that
We cleared all of ours but also worked to avoid people coming into our coun- technology someone is coming to steal
with other committees and other Mem- try to steal our technology. They des- is not export-controlled? How about ar-
bers, Republican and Democrat alike. perately want it, and that is part of tificial intelligence? How about quan-
But I said from the start that we this legislation today. tum computing? Well, if you can be-
have to have this research security lan- We found out that China uses these lieve it, in that case, the State Depart-
guage in place if we are going to put so-called talent recruitment pro- ment’s hands are tied even though they
out billions of dollars of new taxpayer grams—the most prominent one, you know it is happening.
dollars in terms of research; otherwise, have heard of, probably; it is the Thou- This amendment gives the Biden
it is irresponsible. sand Talents Plan—to target science State Department the authority they
So the amendment I am offering and technology sectors just like the have sought from Congress to deny
today is a skinnied-down version of ones we are funding. They target aca- visas to those seeking to come to the
what passed in USICA already. It is a demics, scientists, engineers, entre- United States expressly to steal our
skinnied-down version of what I was preneurs, and finance experts. The emerging technology. Sometimes they
proposing because some people thought plans provide monetary benefits and are members of the Chinese Com-
there were some concerns in the other incentives to lure experts into munist Party. Sometimes they are
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House—actually among Republicans, providing proprietary information or members of the Chinese military. Yet
interestingly—about some of these as- research to China, in violation of our they cannot stop them.
pects, so we have just taken those out. laws and conflict of interest rules. As we know, there are more provi-
We have made this totally non- Again, the cases go on and on. sions in the full Safeguarding Amer-
controversial. Four corners. Fits like a China, in turn, exploits American re- ican Innovation Act, but again, after
glove with what we are talking about, search, intellectual property, and open talking to my colleagues, I agreed to
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July 26, 2022 CONGRESSIONAL RECORD — SENATE S3677
scale back the amendment. Doing so body cannot stand idly by and allow it the world that we live in now and make
will ensure our research is protected to continue. We must act, and that sure that we are protecting all of our
and guarantee its passage in the House. means including, at a minimum, this research dollars as we move forward.
These provisions reached four corners skinny version of the Safeguarding Again, it wasn’t my decision to de-
agreement in the conference, as I said, American Innovation Act’s provisions. cide the narrowness of this bill. It
and include additional changes beyond Failure to do so will harm our national wasn’t my decision to say that these
that made at the request of everybody security and our economic strength in are the two subject areas that people
who had any objection, including the the face of an ascendant China. are going to include. I know because I
Congressional Asian Pacific American To my colleagues, please do not thanked the Senator for his help in
Caucus. We solved their issues. block this very simple request. We getting the Science Committee’s legis-
This skinny version of the Securing have done everything right. We have lation included in this package. But
American Innovation Act is a signifi- gone through the process of a bipar- you could see that even that was a very
cant concession, and I urge my col- tisan investigation, of bipartisan hear- tough lift in that there were a lot of
leagues to respect the fact that we ings, bipartisan legislation, and four people around here who didn’t want to
spent years going through this and, corners agreements—working with ev- do that.
more recently, hours to deal with erybody to address their concerns—and So I say to my colleague from Ohio
everybody’s issues to meet them more this is where this legislation must be. that I am going to work with him in
than halfway. Again, I have four or five other very whatever capacity to get this language
I will remind many of my colleagues important bills in USICA that I am not accepted.
in this Chamber, they voted to begin asking for today because they don’t fit Now he is saying that he has stream-
consideration of the CHIPS package perfectly with this new research lined this language from, probably,
last week because they believed this money; but this does, and it has to be what the four corners has agreed to. I
language was in the bipartisan pro- there. So I ask unanimous consent. do know that the Senator worked very
posal. I know that because Democrats That is all I need. With unanimous con- hard trying to get a four-corner agree-
and Republicans alike have come up to sent, the Senate can do anything, to ment from the Science Committee,
me and said that. I thought your lan- include what everybody says they which we didn’t have, to include this
guage was in there, they said. Why want, what everybody says is impor- language. And why? Because there had
wouldn’t we want to protect this re- tant. been a big fight in the House between
search, they said. Mr. President, I ask unanimous con- the Science Committee and their
One reason they think it is in there sent that it be in order to call up my Homeland Security Committee about
is because all Republican offices, at amendment No. 5158. I ask further that what this language said. Then you had
least, were told that it was in there. In there be 30 minutes of debate, equally the Judiciary Committee weighing in
fact, the email sent right after the vote divided between the two leaders or in both the House and the Senate as to
late on Tuesday afternoon reiterated their designees, and finally, upon the what this language said. Since all of
that these provisions were included. So use or yielding back of that time, that those people have been part of that dis-
the whip that we sent out—the whip in- the Senate vote on the adoption of my cussion, that part of the four corners
formation on what was in this legisla- amendment with no intervening action did not happen.
tion included the Safeguarding Amer- or debate. My colleague is earnest, and his work
ican Innovation Act. That is how we The PRESIDING OFFICER. Is there is real. The reports that he is referring
got the necessary Republican votes. objection? to in the Homeland Security Com-
Now, I support the underlying bill, The Senator from Washington. mittee are real, and we should honor
and I have restrained myself and shown Ms. CANTWELL. Mr. President, in them and honor that work. I am com-
respect for the process by helping to reserving the right to object, I say to mitted to getting that legislation
get us to the point we are today. But my colleague from Ohio that I know passed, and we will confer with the
my understanding was that people how hard he and Senator PETERS from Senator from Ohio about where that
would work with me to ensure that we the Homeland Security Committee goes and if it goes in the conference re-
were able, if it was four corners, to be have worked on this language. I know port because I am committed to fin-
sure that, again, this insurance on this because I have consulted with them ishing the conference report, because
new car that we are buying would be many times over the last month and a as I said, the Finance Committee, the
there. half, wondering about its progress and Foreign Affairs Committee, the HELP
It fits like a glove. This is where the wondering about various issues involv- Committee, the Judiciary Committee,
legislation must be included. If not, we ing people on both sides of the aisle to and your Homeland Security Com-
find ourselves irresponsibly spending resolve what they were concerned mittee—five committees—would still
taxpayer dollars that are not pro- about in definitions. I, too, felt like the all like to have language as part of this
tected. So we are going to invest about Senators’ hard work and language had conference report.
200 to 250 billion hard-working Amer- gotten to a point where it could be in- While we aren’t able to cover every
ican-taxpayer dollars in research and cluded in a package of legislation. aspect of this jurisdiction, I am very
innovation. We were very, very hopeful that the hopeful that our colleagues will take
Again, I support the underlying bill, various committees’ work—that of the the impetus of this legislation’s pass-
but we have got to protect that intel- Finance Committee, the Foreign Af- ing and double down on getting the
lectual property, that taxpayer-funded fairs Committee, the HELP Com- rest of the conference report done and
research, from being stolen by our mittee—the Health, Education, Labor, signed and on the President’s desk.
competitors and used against us. With- and Pensions Committee—the Intel Then we will have a robust policy, not
out these protections, I believe this Committee work, and the work that we just the incentives, not just the R&D
legislative package, with significant just discussed from the Homeland Se- but a variety of issues addressed as
levels of Federal funding, is a giveaway curity Committee—could all be in- they relate to our competitiveness.
to some of our adversaries, including cluded in a conference report. So the So I will continue to work with my
Beijing. It is not like there is any se- words ‘‘pins down’’ did not come from colleague from Ohio on this important
cret out there. China has made no se- my side of the aisle. The words ‘‘pins language and with all of my colleagues
cret of its goal to supplant the United down’’ did not happen. For me, I have on those various committees who have
States as the global economic leader been doing nothing but diligently asserted their interest on this subject,
and to do it by getting the best re- working with all of my colleagues— but at this time, I object.
dlhill on DSK120RN23PROD with SENATE
search and the best researchers. most of the time when they don’t The PRESIDING OFFICER. Objec-
Today, we released a report on how agree—in trying to get them to agree. tion is heard.
China has also targeted the U.S. Fed- I very much appreciate the subject at The Senator from Washington.
eral Reserve in addition to our science the heart of what Senator PORTMAN’s ORDER OF PROCEDURE
and innovation. Our economic policies work is. He is trying to say to us that Ms. CANTWELL. Mr. President, I ask
are in China’s crosshairs now, and this we have to understand the reality of unanimous consent that if Senator
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S3678 CONGRESSIONAL RECORD — SENATE July 26, 2022
SCOTT of Florida makes a budget point ings here; we are borrowing $280 billion There is nothing stopping them from
of order and a motion is made to waive, to do this. moving funds around to increase their
at 4:55 p.m. today, the Senate vote on a This is why the American people hate business in communist China or any
motion to waive the budget point of Congress. They see politicians stand up other market, for that matter. There is
order; further, that if Senator SANDERS in their neighborhoods and pledge to no requirement for them to build a cer-
raises a budget point of order and a fight the waste in Washington and then tain number of plants here in the
motion to waive is made, that at 11:30 watch as those same politicians be- United States. There are no quotas
a.m. tomorrow, Wednesday, July 27, all come the very problem they vowed to that they need to hit so Americans can
postcloture time expire and any re- fix. It is disgusting, and it is happening be sure we never have to rely on risky
maining amendments except Senate up here all the time. supply chains.
amendment No. 5135 be withdrawn and So let’s talk about this bill that we And even if communist China invades
the Senate vote on the motion to waive are set to vote on this week. Demo- Taiwan, which supplies nearly two-
the Sanders point of order and the mo- crats and some Republicans will sug- thirds of all the world’s semiconduc-
tion to concur with respect to H.R. gest that it will help combat the tors, the companies that get your tax
4346, with an amendment; further, that threats we face from Beijing. There is dollars in this bill will still be allowed
following the vote, the Senate resume just one problem. This bill doesn’t help to operate in communist China while
consideration of the message to accom- us combat communist China at all. receiving your money.
pany S. 3373, the PACT Act, and not- On Monday of last week, this bill This bill isn’t anti-China; it is pro-
withstanding rule XXII, at 4:30 p.m., cost $76 billion and was 73 pages long. China. It is going to cause more infla-
the Senate vote on the motion to in- Two days later, Senator SCHUMER tion, more debt, and create more defi-
turned it into a $250 billion version. cits. There is absolutely no account-
voke cloture on the motion to concur,
Now it is more than 1,000 pages, a $280 ability. It doesn’t make any sense.
all without further intervening action
billion monster chock-full of reckless Now, there is a heck of a lot we can
or debate.
The PRESIDING OFFICER. Is there spending and bad policy that gives Joe do to reshore our supply chains and en-
objection? Biden a wide-open door to push his rad- sure Chinese spies don’t steal our tech-
Without objection, it is so ordered. ical policies. nology, all things this bill purports to
The Senator from Florida. The bill ballooned in size and price
do but doesn’t.
because CHUCK SCHUMER—Senator For more than a year now, I have
H.R. 4346
SCHUMER—inserted massive slush funds
Mr. SCOTT of Florida. Mr. President, been fighting this bloated bill while at
for the National Science Foundation.
Florida families hear a lot of talk up the same time introducing other legis-
This same entity has burned billions of
here in Washington about inflation. lation with my colleagues to economi-
taxpayer dollars on insane projects like
Right now, inflation is raging over 9 cally decouple from communist China,
creating a towel-folding robot or study-
percent across America. strengthen our defense networks, and
ing how shrimp run on treadmills. I
I was warning about the coming in- stand up to Xi Jinping’s abuses.
wish I was making this up, but I am
flation crisis back in February of last We all want to solve problems. I want
not.
year, but now basically everyone in the This bill doubles the National to solve problems. I am open to good
Senate—Republicans and Democrats Science Foundation’s budget over the investments. They have to be done
alike—have joined me in talking about next 5 years and gives millions to uni- with accountability to the American
just how horrific this is for families in versities that already have a problem people. That is why I introduced an
each of our States. with spies from communist China amendment to this bill to ensure that
In Florida, inflation is costing fami- stealing intellectual property and data. no tax dollars are going to go to ben-
lies nearly $800 more every month. Does the bill increase protections to efit communist China.
Imagine being a family on a fixed in- stop this or better protect tax dollars? My amendment would do four things.
come and having to pay double rent No. First, my amendment would eliminate
each month or adding a luxury car pay- No wonder the debt is surging over all the exemptions that are currently
ment to your monthly expenses. That $30 trillion and inflation is over 9 per- in the bill that allow semiconductor
is essentially what families in my cent. Washington is broken. It just companies who take U.S. taxpayer dol-
State are dealing with since Joe Biden can’t stop wasting your money. lars to expand and continue their oper-
took office. So what else does this bill do? A huge ations in communist China. Money is
It is a new tax on families at every part of it is a massive giveaway to fungible, and we should make perfectly
income level, a tax created by the chipmakers like Intel. You know Intel, clear that these American tax dollars
sheer incompetence of Joe Biden. It the world’s largest semiconductor should only be benefiting Americans.
hurts our poorest families—like mine maker that saw $20 billion in profit Some have called this a national se-
growing up—the very most. last year and paid its CEO $180 million. curity investment. If that is true, then
Now, we know what causes this infla- They are not exactly struggling these we should make sure it builds up Amer-
tion. It is reckless government spend- days, but politicians in Washington ican security, not communist China’s.
ing. On this side of the political aisle, want to give them billions of your Second, my amendment will require
we aren’t afraid to tell this truth, but money with no strings attached. the Secretary of Commerce to certify
our Democratic colleagues, with the There are no requirements to see a to Congress that the Department has
exception of one or two, won’t do it. return on investment. There are no completed a return-on-investment
It is fine. You would probably imag- provisions to claw back dollars if they analysis of a proposed grant. That an-
ine that, in a 50–50 Senate, we would don’t do what they are supposed to do. nouncement must show the grant will
still be able to hold the line and stop There is nothing for accountability. be a net positive for taxpayers and pre-
reckless spending in its tracks. Nope, What is worse, these large vent distribution of that grant until
not in broken Washington. Here in chipmakers have lobbied hard to weak- the Secretary certifies the analysis and
Washington, the only thing we can en the bill so they can keep doing busi- makes it public.
seem to get bipartisan consensus on is ness in communist China. And—guess In business and in government, I
digging America deeper and deeper into what—Washington caved, and they got have made countless deals. I never
debt. It happens again and again. And exactly what they wanted. Massive, want to make an investing deal when I
with each dollar of debt and each new multibillion-dollar corporations like am unsure whether I am getting a re-
round of reckless spending, we throw Intel will get Americans’ hard-earned turn on my money. Americans under-
gasoline on the raging inflation fire tax dollars to build manufacturing stand this. If we are going to be invest-
dlhill on DSK120RN23PROD with SENATE
burning across America. plants, get tax writeoffs for those ing taxpayers’ dollars, we need to make
As I speak here now, it is about to plants, and get a tax credit. These smart investments that will get a real
happen again. This week, the Senate chipmakers are getting paid three ways return.
will very likely pass the so-called with your tax money, and they will Third, my amendment will require
China bill that spends $280 billion we still be allowed to work and expand in companies receiving funds disbursed
don’t have. We are not burning our sav- communist China. from the CHIPS Act to enter into a
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July 26, 2022 CONGRESSIONAL RECORD — SENATE S3679
three-part agreement with the Com- I also urge my colleagues not to turn Warnock Whitehouse Wyden
Warren Wicker Young
merce Secretary specifying that they a blind eye to the new debt this bill
will, one, not engage in any trans- creates. As I said earlier, this bill bor- NAYS—32
action involving the expansion of chip rows $280 billion we don’t have. We Barrasso Grassley Risch
manufacturing capacity in communist have to stop this. Blackburn Hoeven Rounds
Boozman Hyde-Smith Rubio
China; two, refuse to cooperate with That is why I am raising a budget Braun Inhofe Sanders
the Communist Chinese Government point of order. When we keep bor- Cotton Johnson Scott (FL)
moving forward; three, commit to im- rowing and spending money we don’t Cramer Kennedy Scott (SC)
Crapo Lankford
mediately ceasing all operations in have, it is terrible for our country and Cruz Lee
Shelby
communist China if it invades Taiwan. our families. A vote to waive my point Thune
Daines Lummis
Toomey
As I mentioned before, the bill in its of order is a vote to approve more debt, Ernst Marshall
Tuberville
current form does nothing to stop which means more inflation. Fischer Paul
chipmakers from expanding operations POINT OF ORDER NOT VOTING—5
in communist China and has loads of Mr. President, the pending measure, Duckworth Leahy Murkowski
exceptions specifically allowing these Senate amendment No. 5135, violates Hawley Manchin
companies to keep working there. That section 404(a) of S. Con. Res. 13 of the The PRESIDING OFFICER (Mr. MAR-
is insane. We should not allow it. 111th Congress, the fiscal year 2010 KEY). On this vote, the yeas are 63, the
If people want to call this an anti- budget resolution, as amended by S. nays are 32. Three-fifths of the Sen-
China bill, then let’s make it an anti- Con. Res. 11 of the 114th Congress, be- ators duly chosen and sworn having
China bill and stop doing business in cause it would increase the short-term voted in the affirmative, the motion is
communist China. debt by more than $10 billion in one or agreed to and the point of order falls.
Fourth, my amendment will ensure more of the fiscal years that comprise The Senator from Michigan.
that all U.S. tax dollars are clawed the current budget window. TRIBUTE TO GENERAL JOSEPH M. MARTIN
back if any company breaks that three- Therefore, I raise a point of order Mr. PETERS. Mr. President, I rise
part agreement with the Commerce against this measure pursuant to sec- today to recognize the service, accom-
Secretary, and it would require the tion 404(a) of Sen. Con. Res. 13, the fis- plishments, and retirement of Michi-
Commerce Secretary to ensure that the cal year 2010 concurrent resolution on gan native GEN Joseph M. Martin.
company will repay the money if they the budget. Joe will pass on the mantle of leader-
break the agreement. If you break a The PRESIDING OFFICER. The Sen- ship after 36 years of service and com-
contract, there are consequences. Ev- ator from Washington. pletes his highly decorated career as
eryone knows this, and it is crazy that the Vice Chief of Staff of the U.S.
MOTION TO WAIVE
this bill doesn’t already have those Army.
provisions in it. Ms. CANTWELL. Mr. President, pur-
Joe is a proud son of Michigan. Born
If we don’t change this bill, a vote for suant to section 404(b) of the fiscal
and raised in Royal Oak and Dearborn,
this bill is a vote for higher inflation. year 2010 budget resolution, S. Con.
his family is deeply rooted in the area,
It is a vote to help communist China Res. 13 of the 111th Congress, as amend-
with strong ties to the Ford Motor
and a vote to add to our already $30 ed by S. Con. Res. 11 of the 114th Con-
Company. Joe’s grandfather, Leonard
trillion debt. gress, I move to waive section 404 of S.
Martin, worked there for 43 years.
My amendment isn’t controversial. Con. Res. 13 for purposes of the pending
Joe’s father, Leonard Martin Jr.,
This is commonsense stuff. It will im- measure and ask for the yeas and nays.
worked there for 42 years.
prove the bill and add the kinds of safe- The PRESIDING OFFICER. Is there a It was from his father and grand-
guards Americans should expect from sufficient second? father that General Martin learned the
legislators handling their hard-earned There appears to be a sufficient sec- Michigan values of honesty, hard work,
tax dollars. We are a fiduciary for the ond. and service to his community. And it is
American taxpayer. The yeas and nays are ordered. these values that General Martin has
Unfortunately, it doesn’t seem like The clerk will call the roll. carried with him throughout his 36
the Democratic majority leader is in- The senior assistant legislative clerk years in the U.S. Army.
terested in having a vote on my com- called the roll. As a child, Joe attended Henry Ford
monsense amendment, but that Mr. DURBIN. I announce that the Elementary and Woodworth Junior
shouldn’t surprise the American public. Senator from Illinois (Ms. DUCKWORTH), High. Before high school, the Martin
They have come to expect this sort of the Senator from Vermont (Mr. family moved to the west side of Dear-
dysfunction under Democratic leader- LEAHY), and the Senator from West born, where Joe attended Clare Bryant
ship. Virginia (Mr. MANCHIN) are necessarily Junior High and Dearborn High before
The Democrats love to pretend that absent. college.
they are fighting against corporate Mr. THUNE. The following Senators And although Joe’s family has a tra-
special interests, but what the major- are necessarily absent: the Senator dition steeped in naval aviation, Joe
ity leader is pushing forward right now from Missouri (Mr. HAWLEY), and the took a different path and chose to at-
is one of the grossest gifts to corporate Senator from Alaska (Ms. MURKOWSKI). tend West Point and join the Army.
America I have ever seen. The families The yeas and nays resulted—yeas 63, General Martin graduated from the
in each of our States deserve and ex- nays 32, as follows: U.S. Military Academy in 1986 and was
pect better than what this delivers. [Rollcall Vote No. 269 Leg.] commissioned as an armor officer.
Our Nation is in the midst of a his- YEAS—63 Throughout the next 30 years, General
toric inflation crisis that is destroying Baldwin Graham Peters Martin would serve in support of Amer-
the dreams and hard-earned savings of Bennet Hagerty Portman ica’s most significant large-scale oper-
millions of families across our country. Blumenthal Hassan Reed
Blunt Heinrich
ations and fight in some of the Army’s
Romney
Our answer to that crisis cannot be to Booker Hickenlooper most storied divisions.
Rosen
throw gasoline on the fire and walk Brown Hirono Sasse He deployed in support of Operation
away. We can and must do more to Burr Kaine Schatz Desert Storm, twice for Operation Iraqi
Cantwell Kelly
combat the threats posed by com- Capito King
Schumer Freedom, and as the Combined Joint
munist China. Shaheen Force Land Component Commander for
Cardin Klobuchar
Sinema
Members of this body, on both sides Carper Luján Operation Inherent Resolve.
Casey Smith
of the aisle, have great ideas that can Markey Among other assignments, Joe served
Stabenow
dlhill on DSK120RN23PROD with SENATE
Cassidy McConnell
do that, but this bill isn’t one of them. Collins Menendez Sullivan with the 1st Armored Division, the 4th
I urge my colleagues to oppose this bill Coons Merkley Tester Infantry Division, U.S. Army Oper-
or, at a minimum, join me in demand- Cornyn Moran Tillis ational Test Command, and served as
Cortez Masto Murphy Van Hollen
ing that my amendment be adopted so Warner
the commanding general of the Na-
Durbin Murray
we can better protect the massive Feinstein Ossoff tional Training Center and the com-
amount of tax dollars being spent here. Gillibrand Padilla mander of the 1st Infantry Division.
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S3680 CONGRESSIONAL RECORD — SENATE July 26, 2022
Following his command of the Big pass a bill to fix that. Democratic We have seen consolidation in every-
Red One, General Martin was appointed votes—all Democratic votes. But it is thing from cat food to caskets. Our dig-
as the Director of Army Staff and later the fight worth fighting. You see the ital markets are now controlled by a
confirmed as the Vice Chief of Staff of Pharma ads running against this bill. few Big Tech titans that have grown
the Army. They have got every incentive to stop into the largest corporations the world
Joe credits his success to his wife, this. Why? has ever known.
Leann; and the Martins have two chil- Well, it is going to save taxpayers 288 It is well past time to put some rules
dren, Joey and Kylie. billion over 10 years. Taxpayers are of the road in place to make sure that
To General Martin and to his family: going to be able to get that money, in- these dominant digital platforms work
On behalf of a grateful Nation, thank stead of the prescription drug compa- for consumers and allow American
you for your incredible service and sac- nies. That is why this is so important. small businesses to innovate and com-
rifice over the last three-and-a-half It is going to allow Medicare to finally pete.
decades. We are glad to welcome you negotiate prices under Medicare Part That is why I have been working
back to your home State of Michigan D. across the aisle with Senator CHUCK
as you begin your next chapter. In addition to that, it will stop drug GRASSLEY, the Republican lead of this
The PRESIDING OFFICER. The Sen- companies from price gouging drugs bill, and a bipartisan group of Senators
ator from Minnesota. that are already on the market, stop that Samantha Bee once called an
AMERICAN INNOVATION AND CHOICE ONLINE ACT price hikes, and make sure the price of ‘‘Oceans 11 of cosponsors,’’ including
Ms. KLOBUCHAR. Mr. President, I your drugs doesn’t increase more than Senators DICK DURBIN, LINDSEY GRA-
rise today to address my colleagues on the rate of inflation. HAM, RICHARD BLUMENTHAL, JOHN KEN-
the topic of competition policy, just as As I said, we have the votes in the NEDY, CORY BOOKER, CYNTHIA LUMMIS,
I did last week, and I will continue to Senate—all Democratic votes—to MAZIE HIRONO, MARK WARNER, JOSH
do until we take action. make life easier for so many people. We HAWLEY, STEVE DAINES, and SHELDON
Now, I want to start out speaking stand with AARP. We stand with the WHITEHOUSE—are all cosponsors of this
briefly about one part of competition seniors of this country to finally allow bill. There are many, many other Sen-
policy that is very important, and that Medicare to negotiate less expensive ators who are going to support it as
has to do with prescription drugs. drugs for our seniors. well.
As we all know, brand-name prescrip- So that is one part of competition It is why, as the chair of the Sub-
tion drugs in the U.S. are more than policy. That means allowing negotia- committee on Competition Policy,
250 percent of those in other industri- tion. That is part of what competition Antitrust, and Consumer Rights, I have
alized countries. In many cases, Ameri- is. But there is something else we need held a series of hearings with Senator
cans pay the highest prices in the to do, and last week I talked about LEE about online markets and abuses
world for these drugs. Yet it is our what is happening with the tech com- of power by the largest digital plat-
country, our taxpayers, that have put panies. I talked about the fact that for form. Senator LEE and I have a number
in the money for the research. years and years, in the beginning of of other bills together on this subject.
The high price of prescription drugs this Nation’s inception, our country We have heard about how the small
has put treatments out of reach for has always believed in capitalism and number of extraordinarily large digital
many Americans, even those with in- in a free market, and we have always platforms—based on the 18 months of
surance, and driven up the tab for tax- understood that you have got to have House hearings—18 months of House
payers. antitrust laws in place, which I ex- hearings—still, we have passed nothing
Examples: One of my constituents, plained the history last week. Anti- in this Congress, not one bill since the
Ramae, from Bemidji, was diagnosed in trust laws, at the time, it got that dawn of the internet involving internet
2018 with an incurable blood cancer, name because it was about breaking up competition and competition policy.
multiple myeloma. She relies on a drug trusts. Trusts—steel trusts, copper What we have learned is they act as
called Revlimid that costs about 15,000 trusts—trusts that controlled the econ- gatekeepers that control how smaller
a year. Ramae depleted her life sav- omy, brought up prices, made it hard companies reach their customers. As a
ings, cashed out her 401(k), and sold her for individual small businesses to com- result, online marketplaces lack the
house in order to afford this drug she pete. hallmarks of robust competition, fierce
needs to survive. And over time, this Senate, this price competition, game-changing new
Actually, nearly 20 percent of older Chamber right here, the Senators— products, and customers switching
adults have reported not taking their they finally stopped just doing every- back and forth among products.
medicines as prescribed because of the thing these trusts want. They stopped Instead, we have what started as ex-
cost. just giving in to the Big Money, and citing when everyone started accessing
The good news—and this gets to com- they actually did something to protect Amazon, Google; but the market is be-
petition. Years and years ago, as you capitalism. That is when they passed coming increasingly calcified, one
know, Mr. President, the pharma- the Sherman Act. Senator Sherman where the biggest gatekeepers have lit-
ceutical industry installed in law a was a Republican from Ohio. They tle or even no fear of competitive
provision that said Medicare was passed the Clayton Act. Through his- threats, one where they feel no pres-
banned from negotiating less expensive tory, rose to the occasion. sure, where they can put themselves at
prices for drugs—banned from negoti- We are at another moment in history the top of the search results regardless
ating. right now, and that is a moment fo- of quality or price. That is what we
Yet, we know from the VA, which is cused on too much consolidation in our have right now—no rules in place.
allowed to negotiate on behalf of our economy. What is at stake is the very So when you look at Amazon, you see
Nation’s patriotic veterans, that we idea that drives our economy forward— all these Amazon products at the top.
can get much less expensive but as competitive markets. You look at Google when this all start-
high quality drugs for our veterans. Today, too many areas of our econ- ed out, they didn’t have their own
Our 46 million seniors deserve the same omy are highly concentrated and con- products. Well, now they do—Google
kind of deal. trolled by a few corporations. These products at the top. Apple products at
That is what we are coming into in are the corporations of old. These are the top.
this next week, finally. And I have led the trusts of old, but we have our mod- They can extract monopoly profits
the bill that has over 30 cosponsors in ern-day ones as well. from consumers, and the small busi-
the Senate to allow for negotiation of So when this happens, you have a lot nesses rely on them because there is
dlhill on DSK120RN23PROD with SENATE
prescription drugs for a long, long of problems, and one of them is cor- really no other way to access their own
time. Finally, we are going to get this porations stop competitors from mov- market.
done. ing ahead and from innovating and If we don’t act now, we will entrench
It is not going to cover all the drugs finding better ways to serve customers those companies further, making it
as I would, but it is a big beginning. We because they have all the customers, so even more difficult for innovators to
have enough votes in the Senate to they don’t have the incentive. bring new products to market and for
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July 26, 2022 CONGRESSIONAL RECORD — SENATE S3681
small and medium-size companies ceived: We are out here. We can hurt and distract people from the key issues
across America to grow online. you. We may not be putting your name by raising sideline potential concerns
Let me be clear. We have monopoly in these ads right now, but we can do that aren’t even in the bill’s scope.
problems that go far beyond digital gi- it. We have got the money to do it be- Look over here, not at the real prob-
ants like Facebook and Google, and cause we are the dominant monopolies. lems we face with real solutions to ad-
there is more that we need to do to re- By the way, they wouldn’t be spend- dress them.
store competition to markets through- ing millions and millions and millions Amazon tried something similar, but
out the economy. We have a big task in of dollars to stop us if we didn’t have they didn’t get away with it because
front of us to rein in unchecked power some momentum. Let me give you small business owners are too savvy to
and bring the benefits of consumer some numbers. fall for silly tricks. As CNBC wrote in
competition to all. In 2021, Big Tech companies spent an article last month, Amazon is so
Last Tuesday, I talked about the cost more than $70 million combined lob- worried that Congress will finally do
of inaction, how other countries are at- bying Congress. something, not to get rid of Amazon
tacking this problem way before us, In the first quarter of this year, and not to stop Amazon Prime, but to
how the European Parliament has just Facebook—now known as Meta—Ama- simply say, when you do your searches
passed a major bill that is much more zon, Alphabet—which is Google—and on Amazon, at least you should have a
aggressive than anything that we are Apple spent more than $16 million lob- fair shake at getting whatever are the
looking at here. bying Congress. most affordable or best products in
Great Britain, what they are doing. In just 1 recent week in May—1 what you are looking for at the top and
Australia, what they just did. There week—one industry group, the Com- not just what Amazon wants you to see
are many examples throughout his- puter and Communications Industry because that is what they own.
tory, of course, where Congress stepped Association, spent $22 million in 1 week They placed a senior executive in
in and didn’t bow to the bloated mo- on TV ads against this bill. That is $22 charge, we now know, to recruit third-
nopolies but actually did something to million against one bill in 1 week, and party sellers to oppose the bill, the
further competition and rejuvenate the the numbers keep getting worse. small businesses. The Amazon execu-
competitive market. Since I last took to the floor to dis- tive posted to a forum used by sellers
When I talk about the dominant dig- cuss this issue, it was reported that and directed them to a website that in-
ital platforms, I am talking about Amazon reached an alltime high in lob- cluded a form to contact their Senators
some of the most powerful companies bying spending in the last quarter, and with a prewritten email opposing the
in the world, with armies of lobbyists that is only what the company spent legislation. But get this: They weren’t
and lawyers, with thousands of lawyers directly. It doesn’t include what Big fooled. These sellers knew the power
and lobbyists. They are everywhere—in Tech directed others to spend, using that Amazon had to affect their busi-
every corner of this town, at every contributions to spread misinformation nesses. They are monopolies, right? Ac-
cocktail party, and all over this build- about the bill. cording to the CNBC report, hundreds
ing. I tell my colleagues that they So that is what we are up against. of sellers replied to the post and actu-
don’t even know, sometimes, when And there is me, and there is this post- ally expressed their support for the leg-
someone is trying to influence them er. There is our lawyer—one lawyer, islation.
because they think they are just talk- Keagan. We have another lawyer, I am not sure this would have hap-
ing to a friend because they have hired Avery. We have a third person. That is pened 10 years ago, honestly, but now
everyone they can see. it. That is our team. Of course, Senator they have realized what the game is,
But once they start talking about GRASSLEY and the other Senators in- what the rig is, what is really hap-
antitrust and Big Tech, I tell them volved in this have great attorneys. We pening. Here are some examples of
they should at least ask the person if have the endorsement of the Justice what the small businesses posted. This
they are being paid by the tech com- Department. That is a whole lot of law- is after the request from the Amazon
pany or if they are on one of the boards yers. We have support from Secretary executive to write letters to people
of one of the groups that supports the Raimondo over in Commerce and their like me and the Presiding Officer op-
tech companies because, time and time team in doing this bill because they get posing the bill.
again, they have been surprised to find that this is about competition moving Here is what someone wrote:
the answer is yes. forward. Any informed seller is going to support
The tech companies aren’t just lob- I would like to share two examples of massive action taken against Amazon in the
bying my colleagues; they are also lob- the misinformation campaign against antitrust arena. I am personally sick of the
bying the American people with this bill. condescending posts by Amazon management
‘‘astroturf’’ campaigning and dishonest Just a few months ago, you may have directed at us. We are not morons and know
PR tactics. At the same time that I read a letter from people outside of the how to read and think for ourselves.
have been working with my colleagues Senate who were criticizing the bipar- That one got more than 100 likes in
in good faith on commonsense solu- tisan bill that Senator GRASSLEY and I the forum.
tions to our online competition prob- had worked on. It was signed on by a Here is another one:
lems, these companies have been tell- little-known group—actually, it was Yes, I’m going to oppose that Amazon will
ing anyone who will listen that acting not that little-known if you watch TV be prohibited from undercutting, manipu-
to protect competition in our digital because it is in the disclaimers on the lating the Buy Box, and instituting restric-
ads—called American Edge. Here is tions on certain listings that unfairly bar me
markets will somehow cede our na- from selling an item. Yup, writing to my
tional security or outlaw Amazon what the Washington Post wrote about
senator right now.
Prime—something for which Senator American Edge:
Backed by millions from Facebook-parent We will call that a sarcastic post.
GRASSLEY and I came to the floor of Others got straight to the point:
the Senate because it was such a lie. company Meta, American Edge has launched
a full-throated campaign to combat anti- Thanks for the reminder!
Together, we noted that their own lob-
trust legislation in Washington, placing op- One seller wrote:
byists had said that it wasn’t true. eds in regional papers throughout the coun-
Their own lobbyists for Google had I’ve asked my senators to support the bill.
try, commissioning studies, and collabo-
said, Yes, the bill wouldn’t really get rating with a surprising array of partners, Another wrote:
rid of Amazon Prime. But that is what including minority business associations, If Amazon is against the Bill, it must be
they are running ads for. conservative think tanks, and former na- good!
Then, of course, is the money. I think tional security officials. And my favorite:
dlhill on DSK120RN23PROD with SENATE
this is actually the best evidence of This is The Washington Post talking. I’m highly allergic to corporate propa-
just how big and dominant and bul- It’s a political playbook more common to ganda and fear mongering. Therefore, for the
lying these companies are, running ads other industries, including pharmaceuticals sake of my health, I will be encouraging my
in the States where people are in tough [and] tobacco. . . . senators to fully support this legislation.
races. That is what they are doing. This is the playbook we have seen I think these are pretty good exam-
How obvious can it be? Message re- time and time again: Distort the truth, ples of how resilient and clever our
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S3682 CONGRESSIONAL RECORD — SENATE July 26, 2022
American small businesses actually There’s a lot of overlap with what we want development of clean energy solutions.
are. to do . . . and very little that we don’t want Emerging technologies like artificial
Since I am a Senator and not a tech- to do. intelligence are driving innovation
based industry group, I don’t get to There it is in black and white. They across our country.
spread my message with a multi- wanted to enter the market, but they I think the Presiding Officer from the
million-dollar ad campaign, but Big couldn’t innovate fast enough, so they great State of Michigan knows a little
Tech lobbyists can’t stop me from just bought up the competition. That is bit about innovation there with what
standing here right now on the Senate what they have been doing. The domi- we have seen as its emergent. When ev-
floor and telling you the truth—the nant platforms will stop at nothing to eryone was writing off the American
people who are watching at home— protect their profits, even if it means car companies, they innovated and
since there are actually no other Sen- stifling the innovation and ingenuity moved ahead.
ators out here right now except the that has made our Nation’s economy Of course, some of our economy’s
Presiding Officer. second to none. We see the campaign to largest companies began as startups
We cannot let these companies use try to torpedo this bill for what it is: with new innovation, and some of these
their monopoly profits to scare the an obvious effort to protect their mar- companies—now small and large—are
Congress from doing its job. Some have ket power and monopoly profits. starting to say: Wait a minute. These
said that this is the biggest political Adam Smith—the godfather of cap- four Big Tech companies can buy any-
fight that Big Tech has ever fought. italism, the guy who talked about the thing they want. There are no rules of
The truth is that they are not fighting invisible hand—loved capitalism, but the road. They can put their stuff at
on terms that anyone would think are he always said this: the top. Yet this is where customers go
fair. They are not fighting with truth- Always watch out for the standing army of and buy things. We just need an even
ful representations or factually monopolies. playing field in the marketplace.
grounded arguments. They are spend- And that is why, over time, we have Innovation that is vital to our Amer-
ing millions and millions of dollars on developed law that allows us to ensure ican economy cannot thrive without
ads that distort the truth because they that the big guys don’t always control open, competitive markets. It is com-
are scared. They are scared about what the marketplace—so that you can have petition that pressures manufacturers
is going to happen if we have honest, new forms of competition developed. to invest in research and development
robust, American style competition. I want to be clear on this point. and to constantly innovate to improve
‘‘It’s better to buy than compete.’’ These are highly successful companies their products and introduce new prod-
‘‘It’s better to buy than compete.’’ Do that have given us incredible innova- ucts. It is competition that provides
you know who said those words? That tions. I don’t want these companies or opportunities for entrepreneurs to de-
is what Facebook’s CEO Mark their innovations or their beneficial velop new ideas and to start new busi-
Zuckerberg wrote in a 2008 email products or services they offer to go nesses.
around the time of the Instagram and away, and they won’t go away with This topic is so important that I held
WhatsApp acquisitions. Facing com- this bill. What we will do is make sure a hearing with Senator LEE last De-
petition from new upstarts, Facebook that they are creating the conditions cember on innovation. In his opening
decided to take them out—to stop on their dominant platforms—because remarks, Senator LEE shared his
them from innovating in ways that that is what we are dealing with, four thoughts about this important topic,
might win over users from Facebook. It different ones—for the next new thing noting that when competition suffers,
makes sense, right? Who knows what to be developed and to thrive. That is so does innovation. One might say that
Instagram would have developed for why we have antitrust laws. competition is itself the mother of in-
their bells and whistles in terms of pri- As Senator Sherman—a Republican novation. Competition really can’t
vacy and other things if they had been from Ohio and for whom our central occur without a lot of innovation.
able to fairly compete? antitrust law, the Sherman Act, was As one of our witnesses at the hear-
When the FTC sued Facebook, it named—famously said: ing, Dr. Diana Moss, president of the
wrote on—by the way, that was under If we will not endure a king as a political American Antitrust Institute, testi-
the Trump administration and now power, we should not endure a king over pro- fied, dominant firms face fewer eco-
continues on through the Biden admin- duction, transportation, and sale of any of nomic incentives to innovate. It is one
istration. It wrote on page one of its the necessaries of life. thing to create new products that can
antitrust complaint: Let me speak specifically about anti- win over customers from a rival. It is
Facebook has maintained its monopoly po- trust and innovation. There is a per- another to create new products that
sition by buying up companies that present sistent myth out there that antitrust might undermine your existing busi-
competitive threats and by imposing restric- law is about prices and nothing else. ness.
tive policies that unjustifiably hinder actual That is not true. Although prices are, When you have got all of the cus-
or potential rivals that Facebook does not or of course, an extraordinarily important tomers, let’s say, in the App Store—all
cannot acquire. component of competition policy and Apple phones have one kind of app, and
As another Facebook employee analysis—and by the way, you are see- all other phones have another kind of
wrote, quoted in the FTC’s complaint: ing more and more small businesses so app, Google—they are a duopoly. There
We’re scared that we can’t compete on our concerned about what is going on—and you go. So they can do what they want.
own merits. big businesses because these platforms That is why they are charging 30 per-
As of last week, we have new evi- are charging them more and more and cent to Spotify—just for the pleasure
dence showing the same from other more just for the pleasure of being on of competing against Apple Music.
companies from documents that were the platform or for getting their names That is what is happening.
obtained by Chairman DAVID CICILLINE up at the top or for using their serv- The path to future innovations is
and Ranking Member KEN BUCK, over ices, but it isn’t all about pricing; it is through the crucible of competition.
in the House, during their bipartisan also about innovation. What makes companies innovate is not
investigation into Big Tech. Through competition and innovation, just a desire to please their customers
One of the documents quotes an there are new products, services, apps, but also the healthy fear that others
Amazon executive discussing the po- and ideas that are hard for us to even might please them instead and win cus-
tential threat from Ring, a video door- fathom that will be developed by clever tomers in the competitive landscape.
bell company it later bought for $1 bil- engineers, smart business people, and If the largest digital gatekeepers do
lion. thoughtful marketers. Innovation is not face any meaningful competition,
dlhill on DSK120RN23PROD with SENATE
The executive said: part of the American spirit. Innovation they will continue to extract monopoly
I’m supportive of Ring. I don’t know how generates new opportunities and new profits from customers and the small
we can get big fast without acquiring some- hopes for businesses. Breakthroughs in businesses that depend on them to
one. science and technology have given us reach their customers. If the largest
In the same email chain from an- the vaccines that are getting us digital gatekeepers have the power to
other Amazon executive: through this pandemic and driving the avoid competition, we should expect
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July 26, 2022 CONGRESSIONAL RECORD — SENATE S3683
that they will not innovate at the same You want to buy something. What pops Again, that is an amazingly honest
pace as when they face stiff competi- up first? statement of the situation where ramp-
tion. About three-quarters of the time, Amazon ant self-preferencing is allowed: A
So to my colleagues I say, as I did placed its own products and those of compa- product might be great for consumers,
last week: Yes, you can love the prod- nies that pay for its services in that posi- but if it doesn’t ‘‘partner with Alexa’’—
ucts. You can love the CEOs, if you tion, even when there were substantially forget it. They will pull it from the
want. You can love the companies. But cheaper offers available from others. store to solidify their emerging power
you also have to love competition and This obviously puts small businesses in voice assistants.
understand the unique place of the U.S. in a bind. The need for action is clear. Second, the world’s largest and most
Senate to take on what has happened All they have to do is treat people fair- powerful platform shouldn’t be allowed
time and time again in history: the ly, have a reason to put people up first, to copy small businesses’ private data
bloated monopolies that sometimes and treat the people who are adver- that they get from their sellers, as I
come up. You don’t get rid of steel or tising on their sites fairly. just mentioned, to create knock-off
copper. Of course, we didn’t. We cre- The way our bill works, if they do products.
ated a more competitive marketplace. that, they stay out of trouble. If they Third, in the bill, platforms shouldn’t
That former chairman of AT&T said don’t do it, the Justice Department, require companies, especially small
himself, after the breakup of AT&T, the FTC, and the State AG can look companies, to buy a bunch of stuff
when we saw long distance rates go into doing something about it. They from the monopolies, like ads or dis-
down through Democratic and Repub- are, obviously, not going to bring some tribution services, in order to be listed
lican leadership, when we saw the cell big case over one mistake. We are talk- at the top. They can offer those serv-
phone industry, which had been noth- ing about a consistent effort here, ices. They can sell those services. But
ing, when cell phones were the weight which is exactly what they have been the only way you get to the top, so
of bricks and this big in your brief- doing to make more money by putting that when our pages here, sitting in the
case—we saw all that changed, and he their stuff at the top. Chamber, are trying to look at the best
actually said we are a stronger com- Since the founding of this country, deal for a fan, if they don’t have air
pany because of what happened. people across the country and across conditioning in their room—it was
Here are the facts today. Here are the political spectrum have recognized really hot in Washington, DC. Well, the
our new bloated situations: Google— and taken on the issue of monopoly best product should come up or the
pretend that is now Google—has a 90- power. That is why we have worked least expensive product. That is what
percent market share in search en- across the aisle—Senator GRASSLEY should come up, not just something
gines. In Australia, when the Aus- and myself—to build bipartisan support that Amazon Basics can make money
tralian Government was taking them for this bill, the bipartisan solution to off of. That is what the bill does.
on and said you have got to charge a the problem of anti-competitive self- It is not a breakup bill. It is not a
fair rate for media links, Google—and preferencing by dominant digital gate- ban on mergers, but it would put some
Facebook, by the way—literally said: keepers. That is how we found our com- commonsense rules of the road in
OK, we are going to leave your coun- mon ground. That is how KEN BUCK, a place. If we can get these reforms in
try. We are going to leave an industri- conservative Republican out of Colo- place, we will ensure a fairer, more
alized nation. rado, found common ground with Rep- competitive marketplace for small and
Then, there was so much pressure on resentative CICILLINE, a liberal progres- medium businesses. This bill gives
the world that they backed down and sive Congressman from Rhode Island. them more options, more flexibility,
negotiated rates. Our bill creates the rules of the road and more access to the markets.
A 90-percent market share—that is Just today, the National Federation
for these platforms so they can’t abuse
what you get to do. Great product, OK. of Independence Businesses wrote to
their gatekeeper power by favoring
If we are going to tolerate that, I guess Senator GRASSLEY and me to say that
their own products or services and
the Justice Department will look at it. 84 percent of their members support
disadvantaging rivals in ways that
That is not what our bill does. It Congress taking action—that is about
harm competition.
doesn’t break them up. It doesn’t do the kind of numbers I would like to see
In other words, examples are that
anything. It is just that when we have around here, 84 percent—‘‘to control
Amazon won’t be able to misuse small
a 90-percent gatekeeper, at least we unfair and anticompetitive practices of
business data in order to copy their
have some rules of the road for what large tech companies.’’ That is why
products. The best example of that is
they put on there. they are formally endorsing the bill,
Apple controls 100 percent of app dis- the Wall Street Journal reporting
about a four-person luggage company writing:
tribution for iPhones. Together, Apple
out of Brooklyn, NY, advertising inno- Most small businesses have no choice but
and Google, as I noted, have a duopoly to rely in some capacity on these large tech-
on app distribution on all smartphones. cently, giving them the data they need
to advertise, and, bam, a few months nology companies for a variety of business
Three out of every four social media needs, ranging from driving business traffic
users—there are 4 billion of them—are later, Amazon has the identical prod-
through search to online advertising to ac-
active Facebook users. Amazon is ex- uct in Amazon Basics. cessing key digital marketplaces.
pected to seize half of the entire e-com- Apple won’t be able to stifle competi- For small business sellers using market-
merce retail market this year. tion by blocking other companies’ serv- place platforms, competition between the op-
What do they do with that power? As ices from interoperating with their erator’s own products and third-party sellers
platforms, and Google won’t be able to creates conflicts of interest and has been
the New York Times reported a few shown to lead to unfair business practices.
years ago, back in 2018, if you opened bias their platform search results in
favor of their own products and serv- By the way, it is not just small busi-
up the App Store on an iPhone in May
ices without merit. These platforms ness. There are a whole bunch of big
of 2018 and typed the word ‘‘podcast’’ in
will no longer be able to put their own businesses supporting it, too, only be-
the search box, the first result, after an
products and services automatically cause they are not going to compete
ad, would have been an app made by
first. That is what we are talking against the big titans. A lot of them
Apple: Apple Podcasts. The next result
about. Amazon should rank products don’t want to say it out loud because
would have been Apple’s Compass app,
based on price and quality, not based they don’t want to be punished. They
then Apple’s Find My Friends app.
Amazon does the same thing. on their own profit margins. just call us and tell us. That is what
ProPublica reported: In those new House Judiciary docu- you deal with when you deal with mo-
We looked at 250 frequently purchased ments that I mentioned earlier, there nopolies. You are not going to out peo-
dlhill on DSK120RN23PROD with SENATE
products over several weeks to see which is one from a Google executive that il- ple who don’t want it out there. But
ones were selected for the most prominent lustrates this point as well. It is an the truth is, there are a whole bunch of
placement on Amazon’s virtual shelves—the email about Amazon saying: businesses that support this bill, in ad-
so-called ‘‘buy box’’ that pops up first. . . . Amazon has a built-in incentive to partner dition to a whole bunch of working
And so many of us have had that ex- with Alexa, since they will pull you from people, in addition to my colleagues
perience, right? You are in a hurry. their store if you don’t support it. from all sides of the political spectrum.
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S3684 CONGRESSIONAL RECORD — SENATE July 26, 2022
What did the Justice Department many of my colleagues share this con- being in the mandatory category. That
say? They said: cern. What we want to do is ensure is not the issue at hand.
Vesting the power to pick winners and los- that the PACT Act is not used as a ve- Here is the problem with this bill.
ers across markets in a small number of cor- hicle to dramatically increase spending Here is the budgetary gimmick. This is
porations contravenes the foundations of our outside of the objective of the bill, what is outrageous. The bill takes the
capitalist system, and given the increasing which is to cover specific healthcare $400 billion that I mentioned earlier,
importance of these markets— and benefits for veterans. the $400 billion that is obligated to be
And that is very key here— As it is written, as we are currently spent by the Veterans’ Administration,
the power of such platforms is likely to con- considering it, the PACT Act includes by legislation passed many years ago,
tinue to grow. . . . a budget gimmick that is designed to money that is going to be spent; it en-
That is what we are seeing right now do exactly that. This gimmick was not ables that spending to be shifted from
with the small business rebellion. in the House bill, but some Senators the discretionary category to the man-
This puts at risk the nation’s economic found it necessary to add this. This datory category of spending.
progress and prosperity, ultimately threat- gimmick is not necessary to achieve You could say: Well, so what; the
ening the economic liberty that undergirds the underlying purpose of the legisla- government is still going to spend the
our democracy. tion. The purpose of the legislation is money either way. That is true. It is
That is the business group. Now, I to expand VA healthcare benefits and going to go for the same purpose, to
will go to the consumer group. The certain other benefits for veterans. the same people who need it. That is
Justice Department you just heard. I have a very simple proposed fix for all true.
The Consumer Federation of America this problem that will not reduce vet- So why does it matter? Why did the
wrote: eran benefits by a single dollar. It Senate authors of this bill, unlike the
We need to incentivize more competition would allow the bill to fully achieve its House, decide it is necessary to take
and more innovation. original intent. this big category of spending that is al-
To explain this a little bit, I have to ready in existing law and move it from
A group of legal scholars said:
explain a little bit about how the Fed- the discretionary spending category to
It is an appropriate expression of democ- eral Government spends money around the mandatory category?
racy for Congress to enact pro-competitive
statutes to maintain the vibrancy of the on- here. Well, here is the reason. As I said
line economy. As you know, Mr. President, we have earlier, there are caps on how much
two big categories of Federal spending. discretionary spending can occur in
Monopoly power, consumer choice, We have what we call discretionary any given year. By moving this big cat-
reduced innovation—these aren’t topics spending, and that is the spending that egory of spending, this $400 billion, out
that came up for the first time when is appropriated annually by Congress. of the discretionary category and put-
we marked up and passed the bill. In That spending is limited every year. ting it into mandatory, you create this
fact, we got it out of committee 16 to There is a cap on how much can be big hole under the cap. That is what is
6, the first time since the advent of the spent in that category. That is the first going on here. Now, when you create
internet, in a highly polarized, at category. that big hole, guess what happens with
times, Senate Judiciary Committee, The second category of Federal that big hole? It gets filled with spend-
for anyone who watched the Supreme spending, we call mandatory spending. ing on who knows what. That is what is
Court hearings. We got that bill out 16 This is different from discretionary going on here. This is unbelievable.
to 6, the first bill to advance to the spending in the sense that it is kind of Now, again, I want to stress that my
Senate floor—the competition bill— automatic spending. It occurs not by quarrel here is not with the underlying
since the advent of the internet. appropriation; it is driven by eligi- purpose of the bill or the substance.
We cannot stand by and do nothing bility for various programs. People are And, sure, we could talk about ways it
while digital giants entrench their eligible; so they get the payment. And could be improved, but that is not what
power to gobble up more businesses, it does not depend on a congressional this is about. It is about a budget gim-
gobble up bigger and bigger slices of appropriation. Those are the two big mick that is designed to allow hun-
the economy. I guess we can. I guess we categories of spending. dreds of billions of dollars in addi-
can turn into this situation. But even Now, the PACT Act, as I said, ad- tional, unrelated spending having noth-
these Senators, way back—they were dresses veterans’ healthcare. Now, of ing to do with veterans. It could be
all in here, unlike what I see right now. course, as we all know, current law al- anything. It is this big, gaping hole
But they were all here, and they actu- ready obligates the VA to spend a great that some folks around here created by
ally got something done. And this is deal of money on veterans’ healthcare design in our discretionary spending
our moment right now. and benefits, as it should. In par- category.
I urge my colleagues to bring this ticular, there is about $400 billion over You know what it really comes down
bill to the floor. I have gotten the com- the next 10 years that the VA will to. It is about Congress hiding behind
mitment to get a vote on this bill. We spend on veterans’ toxic exposure care an important veterans’ care bill a mas-
have got to get this bill on a vote. and benefits—about $400 billion. That sive, unrelated spending binge. That is
I appreciate Senator GRASSLEY’s pa- is existing law. That is going to happen what this amounts to. Now, that would
tience and bipartisan support, but we no matter what we do with this bill. be objectionable at any time, under
know that we are up against a lot. But That $400 billion has always been cat- any circumstances, as far as I am con-
if they think that I am going to get egorized in the discretionary spending cerned, but it is unbelievable that this
scared by that, think again. I am ready category of Federal spending, and, provision is snuck into this bill at a
to roll. therefore, it is subject to caps, limits. time like this.
I yield the floor. Now, what the PACT Act does is it What I am referring to is the obvious
The PRESIDING OFFICER (Mr. expands this obligation on the part of fact that our entire economy—Amer-
PETERS). The Senator from Pennsyl- the VA. And it expands it a lot, by ican families, virtually all of them, are
vania. about $280 billion over the next 10 being racked by out-of-control infla-
PACT ACT OF 2022 years. And it takes all of that new tion. Inflation is at a 40-year high—40
Mr. TOOMEY. Mr. President, I rise spending, the $280 billion of new spend- years. I mean, roughly half of all
because I want to express concerns ing that the VA will spend under the Americans have never been alive with
that I have about a particular provi- PACT Act, and it puts it in the manda- inflation this high. And there is no
sion in the PACT Act. It is my under- tory spending category—not the discre- avoiding it. It is at the gas pump. It is
dlhill on DSK120RN23PROD with SENATE
standing that the Senate is considering tionary but the mandatory spending at the grocery store. It is at the rent.
this later this week. We could be vot- category. It is everywhere.
ing on cloture as early as tomorrow Now, we can argue about whether or Well, how does inflation come about?
afternoon. not that was a good idea, but that is Well, a big part of it came from too
My concerns with the provision of not my issue on the floor this evening. much government spending and lax,
the bill as drafted are—well, I and I have no quarrels with the $280 billion easy-money monetary policy. That is
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July 26, 2022 CONGRESSIONAL RECORD — SENATE S3685
always a very dangerous combination. that it has and that it has always had our system of free enterprise and pri-
And sure enough, it gave us this out-of- as a bill, and we would do this without vate investment.
control inflation. Well, this gimmick is introducing this massive, unrelated But we cannot ignore another key in-
going to make it worse. It is going to spending. gredient in the success of that period,
add $400 billion over 10 years in totally Now, why am I confident that that is and that is the very large investment
unrelated, unnecessary spending. what the outcome would be? Because I in cutting-edge research and develop-
Again, we are not talking about vet- think our Democratic colleagues are ment made by the Federal Government
erans’ healthcare. That is not what I very unlikely to forgo passing a really on behalf of the American people. Fed-
am here to talk about. We are talking important veterans health bill for the eral funds accounted for two-thirds of
about the other $400 billion that we sake of their unrelated spending blitz. I all American research and development
haven’t seen exactly what that is going think, as much as they want to go on investment in 1968—two-thirds from
to consist of. Who knows. But you can that spending binge, they would take a the Federal Government. In fact, all
be sure that a big hole under the spend- pass on that if that is what they have three of the American-made inventions
ing caps is not going to left as a big to do to get this veterans bill done. So and innovations I just mentioned—
hole. that is how this would end. from building the rocket and the sys-
So this is terrible policy. So, here, I That is why, Mr. President, once tems to land a man on the Moon and
have got a simple suggestion. Here is again, I urge my colleagues, join me in return him safely to Earth to inventing
all we need to do. We leave the $280 bil- a simple fix for a terrible budget gim- the internet, to creating that first
lion, the new spending for veterans’ mick, and let’s do this quickly. And if microchip—those were fueled, in large
healthcare that the bill contemplates— we are not allowed to do this any other part, by Federal Government invest-
leave that in mandatory spending. way, then let’s deny cloture tomorrow ment, taxpayer investment, to
That is fine. But we simply would mod- on the cloture vote, and then we will be strengthen the entire country.
ify the bill to keep the $400 billion that able to fix it promptly thereafter. For example, if you look at the his-
we are going to spend anyway in the I yield the floor. tory of the microchip, you will see that
category where it has always been, the The PRESIDING OFFICER. The Sen- between 1987 and 1997—that decade—
discretionary spending category. This ator from Maryland. the R&D arm of the Department of De-
doesn’t cut a dime in veterans’ spend- H.R. 4346 fense, what we call DARPA, disbursed
ing, but it would avoid creating this Mr. VAN HOLLEN. Mr. President, as around $870 million in Federal funding
huge hole for all kinds of new and unre- the Presiding Officer knows, the United to 14 ship manufacturers across the
lated spending. States of America has long been at the country, which, in turn, made the
So, again, I will stress one more time vanguard of global scientific and tech- American ship industry more competi-
for the people who might choose to lis- nological innovation, and that leader- tive than ever.
ten, this doesn’t reduce spending on ship has helped power our economy and That was then. Today, we see a
veterans’ healthcare or benefits of any strengthen our leadership position in changing story. We are still a leader in
kind by a single penny. And the change the world. innovation, but we are at risk of falling
that I am looking for would not in any That competitive edge is now at risk. behind and falling behind quickly. And,
way impede the ability of veterans to It is at risk because we have failed to in doing so, we are ceding ground to
get the healthcare that they are going renew our national commitment to one our global competitors and adversaries.
to get under this bill as a result of of the key tools that has brought us This is a time where standing still
toxic exposure. It is not about any of that success in the past: making robust means going backward and going back-
that. It is only about preventing this Federal investments in scientific re- ward fast.
excessive, unrelated spending in we search and development. The U.S. share of global research and
don’t even know yet what categories, The bill before the Senate, called the development has dropped by half, by a
which was inserted in this bill. CHIPS and Science Act of 2022, aims to full 50 percent, in the last six decades,
So I think this is a simple fix. Unfor- stop this downward drift and propel us and the most recent figures available
tunately, it appears we are still not in forward again in the area of discovery, reveal that the Federal investment in
the business of contemplating amend- in areas of innovation and manufac- R&D as a share of our gross domestic
ments in this Chamber. We were prom- turing. It honors a long, long tradition product has dropped by one-third over
ised there would be amendments at the of American excellence in research and the last 40 years.
beginning of this process. Amendments invention. While we have been slipping, other
have always historically been a funda- If you look back over our history, countries are dramatically boosting
mental way that we litigate our dif- America has always been on the lead- their investments in these critical
ferences and iterate our way to solu- ing edge of science, of technology, of areas, fueling huge resources toward
tions, but we are not allowed to do engineering, and mathematics. That innovation. China’s most recent 5-year
this. I have not been allowed to offer spirit has been with us since our found- plan calls for ramping up investments
an amendment. Nobody has. ing, but it truly flourished in the dec- in research and development by more
So I intend to vote against cloture, ades following the Second World War, than 7 percent every year. China has
which, as you know, Mr. President, is with new inventions springing from made no secret of its desire to corner
the procedural vote that ends debate American minds every year and mov- the market in AI, in quantum com-
and ends the amendments and allows ing us forward at an accelerated pace. puting, in clean energy tech, and much
the body to get on to final passage. I American astronauts took humanity more. And the Chinese Communist
am not going to vote for cloture be- to the Moon for the first time. Amer- Party is putting resources where their
cause we haven’t had this debate yet. ican computer scientists invented the plan is, mobilizing the investments
We haven’t had this vote on this out- internet and changed the world. In needed to try to achieve that goal.
rageous budget gimmick that has noth- fact, it was during this explosion of dis- This is not only an issue of falling be-
ing to do with the underlying purpose covery that an American engineer cre- hind in the areas of innovation and dis-
of the bill. ated the first integrated circuit in 1958, covery because, even if Americans are
So I am going to urge my colleagues and that invention would pave the way inventing new technologies, the benefit
to join me in voting against cloture. for the microchips we use today and to the American worker of leading in
And what will happen if we deny clo- which are a big part of the legislation the invention of new technologies is
ture? What if we succeed, and the before us. much diminished if the manufacturing
Chamber, the body, is unable to In the 20th century, the United of essential products that use those
dlhill on DSK120RN23PROD with SENATE
achieve cloture? Well, then I think I States was the innovation capital of technologies simply goes offshore.
know what happens. Our Democratic the world. In 1960, America generated We spend a lot of time inventing new
colleagues would work with us to fix 69 percent of all research and develop- technologies here, but over the last
the gimmick. That is what would hap- ment on the entire planet. This golden many decades we have seen the
pen. Then the bill would move forward age flowed from the ingenuity of Amer- offshoring of those technologies and
with all the same benefits for veterans ican visionaries, and it was fueled by the manufacturing of products with
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S3686 CONGRESSIONAL RECORD — SENATE July 26, 2022
those technologies to other parts of the These are advanced chips on the mar- horizon. And charting that course is
world, at the expense of the American ket that power everything from con- only helpful if we monitor our progress
worker. We have seen that dramatic sumer electronics to sophisticated along the way to see if we are meeting
offshoring of jobs for decades, includ- military software and hardware. These our goals.
ing in many areas that are critical to microchips are in our jets. They are in That is about developing a national
the success of our entire economy and our radar systems and much more. early warning system for technologies
to the needs of our national security. So with this additional funding, in which our country’s best minds are
An American may have invented the America will have increased capacity focused on the technologies of the fu-
microchip, but today we produce only to produce these high-end microchips ture so that we don’t get caught flat-
12 percent of the world’s microchips. right here at home so we are not rely- footed in the face of emerging opportu-
And that is at a time when these chips ing on foreign countries to power the nities.
are absolutely essential to almost things our communities and our coun- We have seen in the case of 5G tech-
every aspect of modern life, from run- try rely on every day. nology what can happen when we are
ning our washing machines to powering But while supporting the manufac- not tracking the possibilities, and we
our military. At the same time, com- turing of chips here at home is impor- get blindsided. The reality is China
petitors like China are pairing their tant, it is not enough to keep us com- beat us in the transition from 4G to 5G
rising R&D investments with major petitive on other key fronts. As I said networks, and it wasn’t because we
funding for manufacturing, putting the earlier, we need America to get back lacked the talent or the skill or the re-
money in for invention and putting the on the leading edge of research and de- sources or the drive to win the 5G race.
money in to make sure those inven- velopment in a whole range of areas on We failed to build a comprehensive sys-
tions stay and are manufactured in technology’s frontier. tem for 5G deployment fast enough be-
China. China has put $150 billion to- Now is the time for us to boost inno- cause we did not have a national strat-
ward manufacturing microchips over vation and to sharpen our edges across egy. We had blind spots. The market
the last 8 years. And today, 19 of the every technological front, from quan- didn’t fill them. It requires a national
world’s 20 fastest growing microchip tum competing to artificial intel- plan of action. That provision in the
firms are in China. ligence, to so much more. And that is legislation will address that short-
So you can see how this creates an why this legislation calls for signifi- coming.
enormous challenge for America’s com- cant new investments in major sci- And as we revitalize innovation here
petitiveness, for our economic entific institutions. It would authorize at home, we have got to get all of our
strength, and for our national security. an increase of $36 billion for the Na- talent on the field. We need to deploy
The technology we need today for our tional Science Foundation, an increase all of our brainpower in order to fuel
cars, our homes, our businesses, and of $5 billion for the National Institute this renaissance in American techno-
our military is, in large part, produced of Standards and Technology in my logical leadership. This bill will pro-
overseas. home State of Maryland, and an in- vide major investments in our 21st cen-
We have already fallen way behind in crease of $12.9 billion for the Depart- tury workforce to create jobs and in-
the manufacturing of strategically im- ment of Energy’s Office of Science. spire the next generation of our
portant technologies, and now we are These increases represent roughly a innovators.
also at risk of losing our edge in devel- doubling—a doubling—of the Federal I am pleased that a bipartisan provi-
oping the critical technologies of the resources dedicated to these important sion is included in here that was au-
future. Agencies. It also includes an increase thored by our colleague Senator
This has got to change. In the face of of $11 billion for the Department of WARNOCK, which will direct additional
these challenges, we have to ask our- Commerce over 5 years to develop re- Federal funds toward emerging re-
selves two fundamental questions: One, gional technology hubs around the search institutions of higher education,
how can we ensure that we continue to country so that every part of the including our Nation’s historically
invent the key technologies of the fu- United States and communities in Black colleges and universities and our
ture; and, second, how can we make every corner of the country can benefit minority-serving institutions.
and manufacture key products using from these investments. On top of that provision, I am pleased
those technologies right here in Amer- These are major increases. These are that this bill includes a bipartisan
ica? authorized increases—these parts with measure that I wrote with Senator
That is why it is time for us to take respect to future technologies as op- TILLIS of North Carolina. Our provision
a page out of our own history and re- posed to the chips portion of the bill. would help advance the research classi-
ignite a golden age in American re- So, No. 1, we need to make sure these fication of HBCUs around the country
search, development, and manufac- funds are actually appropriated; and, that already have strong research pro-
turing through robust Federal invest- second, we need to ensure that these grams and make them competitive
ments. And the bill before the Senate funds are deployed in the most stra- among the highest caliber of research
begins to take us down that road. tegic and effective way. That is why universities for more Federal funding—
First and foremost, it includes $53 our bill includes a bipartisan provision to take them from R2s to R1s. This will
billion to supercharge microchip manu- that I authored with Senator BLUNT of open the doors of opportunity for more
facturing in America. That will bolster Missouri to ensure that the United students, faculty, and staff across the
our economic security and our national States has the tools it needs to mon- country. In my State of Maryland, we
security. itor and address new frontiers in have two HBCUs that would directly
For American families, more Amer- science, technology, engineering, and benefit from this provision: Morgan
ican-made microchips means we will be mathematics. State University and the University of
able to ease some of the strain on our This portion of the bill includes two Maryland Eastern Shore. This is an in-
supply chains that are leading to in- elements: First, it directs the National vestment in our future.
creased wait times for everything from Academy of Sciences to identify the These are just some of the elements
cars to smartphones, to dishwashers. critical emerging technologies before in this bill that will help foster a sus-
And in the long term, boosting our do- us; and, second, it directs the National tained American leadership in emerg-
mestic production of chips will help Academies to assess how well the ing technologies into the future. But
spur homegrown manufacturing jobs United States is meeting those science even when this bill is passed—and I
and lower the prices of a wide range of and technology challenges through our urge all my colleagues to vote for it—
goods and services. global leadership and through the in- our work is not over. The Senate and
dlhill on DSK120RN23PROD with SENATE
More American-made chips also vestments we are making here at the House have spent the last 2 years
means we will be less reliant on foreign home. I think we all recognize that we working on a package to sharpen
manufacturers to meet our military can’t determine the path that we America’s competitive edge on the
needs. Today, 90 percent of the high- should chart as a country without get- world stage. The bill before us does not
end microchips—the most sophisti- ting a good look at the terrain and the include many of the other important
cated microchips—are made in Taiwan. horizon and even try to peer over the measures that also enjoy bipartisan
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July 26, 2022 CONGRESSIONAL RECORD — SENATE S3687
support and are still part of the con- in the past, to meet the challenges of publishes news and content for audiences in In-
ference committee. So we need to get our time. And this bill is an important donesia, Bangladesh, Malaysia, Thailand, and
to the remainder of those provisions part of that effort. And I urge my col- the Philippines that is focused on the con-
sequences of extremism and contributes to cov-
and get them over the finish line. leagues to support it. erage by Radio Free Asia of the influence of the
For example, one of the pieces of that I yield the floor. People’s Republic of China in Southeast Asia
larger bill that is not included in the The PRESIDING OFFICER (Ms. HAS- and the expanded military presence of the Peo-
measure before us would help protect SAN). The Senator from Michigan. ple’s Republic of China in the South China Sea;
American intellectual property and Whereas Radio Free Asia in 2020 launched on-
f
protect our technology secrets against line brand, WHYNOT/WAINAO, engaging
theft by foreign companies or other UNANIMOUS CONSENT younger Chinese Mandarin-speaking audiences
countries. We know that in today’s AGREEMENT around the world, who are often skeptical of
high-speed, fast-paced economy, where pervasive Chinese government narratives, fos-
Mr. PETERS. Madam President, I tering an open dialogue on banned or under-
information zips around the world at
ask unanimous consent that the notice covered topics through probing independent-
the speed of light, it is easier than ever thinking journalism, features, and content;
of proposed rulemaking from the Office
to steal someone else’s technology for Whereas Radio Free Asia, consistent with its
of Congressional Workplace Rights be
your own purposes. At a summit in congressional mandate of editorial independ-
printed in the RECORD. ence, works to ensure that its journalists and
London earlier this month, FBI Direc-
The PRESIDING OFFICER. Without services adhere to the highest journalistic stand-
tor Chris Wray warned companies from
objection, it is so ordered. ards and ethics, without influence or inter-
across Europe that Beijing is devel-
f ference by the United States Government or any
oping more advanced strategies to
administration;
‘‘ransack’’ Western companies, pil- RECOGNIZING THE 25TH ANNIVER- Whereas the Uyghur Service of Radio Free
laging intellectual property, and steal- SARY OF RADIO FREE ASIA AND Asia has served a vital role by providing an
ing inventions from Americans and ITS MISSION TO PROVIDE AN independent source of information on the re-
others around the world in the high- pression and mass detention of Uyghurs and
INDEPENDENT SOURCE OF NEWS members of other ethnic and religious minorities
tech sector. We have to do everything
TO CLOSED SOCIETIES IN ASIA in the Xinjiang Uyghur Autonomous Region of
we can to protect ourselves against
Mr. PETERS. Madam President, I the People’s Republic of China, helping inform
that malign conduct.
ask unanimous consent that the Sen- the policies of Congress and the executive
For example, if you are an American branch, including a determination by the State
company and a foreign company in ate proceed to the immediate consider- Department that the Chinese government, under
China steals your intellectual prop- ation of Calendar No. 418, S. Res. 394. the direction of the Chinese Communist Party, is
erty, the only recourse you currently The PRESIDING OFFICER. The engaged in genocide against Uyghurs and mem-
have at your disposal is to file a law- clerk will report the resolution by bers of other ethnic and religious minority
suit—file a lawsuit and go to court. It title. groups;
is like taking a peashooter to a knife The senior assistant legislative clerk Whereas Radio Free Asia has documented the
rapid deterioration of autonomy and democratic
fight, especially when you are dealing read as follows:
freedoms in Hong Kong by the Chinese central
with a foreign government, like the A resolution (S. Res. 394) recognizing the government, including restrictions on freedom of
Government of China. That is why I in- 25th anniversary of Radio Free Asia and its speech and the press and crackdowns on activ-
troduced a bipartisan bill with Senator mission to provide an independent source of ists, journalists, and protesters;
SASSE to arm the U.S. Government news to closed societies in Asia. Whereas Radio Free Asia has been a primary
with the authority to impose tough There being no objection, the Senate source of information on Tibetan regions in the
sanctions on companies that system- proceeded to consider the resolution, People’s Republic of China, including on the
March 2008 Lhasa Uprising and ensuing secu-
atically plunder U.S. technology se- which had been reported from the Com- rity crackdown, the spate of Tibetan self-immo-
crets and intellectual property. mittee on Foreign Relations, with an lations, and restrictions on Tibetan language,
That measure, as I said, is part of a amendment to strike all after the re- education, religious practice, and the display of
larger package, and we need to get that solving clause and insert in lieu thereof images of the Dalai Lama;
done by the end of the year. For now, the following: Whereas, in March 2020, Radio Free Asia re-
I urge my colleagues on both sides of Whereas, after the 1989 Tiananmen Square ported that the Chinese government was under-
the aisle to support the bill that is be- Massacre, a bipartisan group of Senators and reporting the number of coronavirus fatalities in
fore us this week. It is a key step for- Members of the House of Representatives, led by Wuhan province, which was later verified by
ward to ensure that America remains then-Senators Joseph R. Biden and Jesse Helms, leaked internal Chinese documents obtained by
came together and sponsored legislation to cre- other news outlets;
the world’s leading developer of key Whereas Radio Free Asia has provided the
technologies and will help bring that ate Radio Free Asia, a news outlet with a con-
Burmese people with continuous coverage of the
important high-tech microchip manu- gressionally mandated mission to provide unbi-
2021 military-led coup that deposed the elected
ased, independent, and domestic journalism for
facturing back here to the United government and ended 10 years of democratic
audiences in China, Burma, Cambodia, Laos,
States. North Korea, Tibet, and Vietnam, whose people
reforms and growth of civil society;
We have the brainpower. We have the Whereas, in 2017, Radio Free Asia documented
do not fully enjoy freedom of expression; the human rights abuses against and expulsion
institutions. We have a system that Whereas Radio Free Asia—
can fuel tech entrepreneurs. We need to of Rohingya from Burma, whose plight Radio
(1) was established by United States law as Free Asia affiliate BenarNews has continued to
match those very important assets part of the United States International Broad- cover in refugee camps in Bangladesh;
with a willpower for national success casting Act of 1994 (22 U.S.C. 6201 et seq.); Whereas Radio Free Asia has done in-depth
and progress. (2) was incorporated as a private, nonprofit reporting on the behavior of the North Korean
History tells us that a key ingredient corporation on March 11, 1996; and government, including the use of forced labor,
in America’s innovation success story (3) made its inaugural broadcast in Mandarin political prisoner camps, activities at nuclear
has been Federal investment in R&D— to the Chinese people on September 29, 1996; testing sites, and internal acknowledgments of
Whereas Burma, Vietnam, China, and North the presence of COVID–19 in the country;
much of the R&D that companies will Korea rank amongst the world’s 10 worst coun-
not invest in because it is sometimes Whereas high-level defectors and refugees
tries for media freedom in Reporters Without from North Korea have credited reports by
too risky. It is an investment that we Borders’ 2022 World Press Freedom Index, as Radio Free Asia as a factor in their decision to
make on behalf of the American people based on an evaluation of pluralism, independ- leave the country and seek their future beyond
to ensure our national success and our ence of the media, quality of legislative frame- the North Korean borders;
global leadership. We are today wit- work, and safety of journalists; Whereas the Lao, Khmer (Cambodian), and
nessing the efforts of our competitors Whereas Radio Free Asia delivers program- Vietnamese services of Radio Free Asia have re-
and, in many cases, our adversaries to ming and content using many media platforms, ported on high-level corruption of officials and
overtake us in these key areas. And we including radio, television, and the internet, in leaders, silencing of independent voices and
dlhill on DSK120RN23PROD with SENATE
the languages of Mandarin, Korean, Burmese, journalists, and the struggles of civil society, as
should not and we must not surrender Tibetan, Uyghur, Khmer (Cambodian), Can- well as activities by China that affect the flow
our leadership in those places that tonese, Lao, and Vietnamese, and through of the Mekong River;
shape our economy and shape our English translations and content on the website Whereas the journalism by Radio Free Asia
world. and social media of Radio Free Asia; has earned recognition among its peers, is cited
We must harness the full power of Whereas Radio Free Asia launched by respected international and regional media
American innovation, as we have done BenarNews in 2015, an online news affiliate that outlets, and has won numerous awards for its
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