Congressional Record, Senate, July 27, 2022 — CHIPS Act Vote and S. 3373
Summary
This is S3715 of the Congressional Record, Senate, July 27, 2022, in a document titled CHIPS Act Vote and S. 3373. The Senate considers the House message to accompany S. 3373, with pending Schumer amendments, and votes on the motion to concur with amendment No. 5135, Rollcall Vote No. 271 Leg., with yeas 64 and nays 33, after which the motion was agreed to. Mr. Schumer states that the Senate has passed the CHIPS and Science bill and calls it a major bipartisan achievement. Mr. Kelly, under the heading CHIPS Act of 2022, states that the plan boosts microchip manufacturing in the United States.
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“Congressional Record, Senate, July 27, 2022 — CHIPS Act Vote and S. 3373.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-07-27-crec-2022-07-27-pt1-pgs3715-172132e070/
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July 27, 2022 CONGRESSIONAL RECORD — SENATE S3715
will protect America’s national secu- We dare not cede the mantle of global sage to accompany S. 3373, which the
rity interests. leadership on our watch. We dare not clerk will report.
All too often, our government and permit America to become a middling The senior assistant legislative clerk
our businesses are accused of being too nation in the middle of this century. read as follows:
short term, but this is one of the most No, we mean for America to lead this House message to accompany S. 3373, a bill
significant long-term thinking bills we century. We mean for America to pros- to improve the Iraq and Afghanistan Service
have passed in a very long time. I told per and grow just as we have done Grant and the Children of Fallen Heroes
our caucus yesterday that our grand- throughout history. It won’t happen on Grant.
children will hold good-paying jobs in its own, but today we are laying the Pending:
industries we can’t even imagine be- foundation for a bold and thriving fu- Schumer motion to concur in the House
cause of what we are doing right now. ture. Today, by passing this CHIPS and amendment to the bill.
And we did it together, both sides co- Science bill, we are making clear that Schumer motion to concur in the House
operating in good faith on some truly amendment to the bill, with Schumer
we believe America’s best days are yet amendment No. 5148 (to the House amend-
difficult issues. I want to thank my to come. ment to the Senate amendment), to add an
colleagues on both sides of the aisle for I yield the floor. effective date.
their superb work on this legislation: VOTE ON MOTION TO CONCUR Schumer amendment No. 5149 (to Schumer
my colleague Senator YOUNG, with The PRESIDING OFFICER. The amendment No. 5148), to modify the effective
whom I originally authored the Endless question occurs on agreeing to the mo- date.
Frontier Act, as well as Senator CANT- Schumer motion to refer the bill to the
tion to concur with amendment No. Committee on Veterans’ Affairs, with in-
WELL, our conference chair, and Sen- 5135. structions, Schumer amendment No. 5150, to
ators WICKER and WARNER and CORNYN The yeas and nays were previously add an effective date.
and KELLY. I also want to thank Sen- ordered. Schumer amendment No. 5151 (to the in-
ators WARNOCK, BROWN, and SINEMA for The clerk will call the roll. structions (Schumer amendment No. 5150) of
their help and Leader MCCONNELL for The senior assistant legislative clerk the motion to refer), to modify the effective
his support as well as all members of called the roll. date.
the conference committee and all the Schumer amendment No. 5152 (to amend-
Mr. DURBIN. I announce that the ment No. 5151), to modify the effective date.
individual Senators—just about every Senator from Vermont (Mr. LEAHY) and
one of us—who helped shape this legis- the Senator from West Virginia (Mr. The PRESIDING OFFICER. The Sen-
lation. These are moments when the MANCHIN) are necessarily absent. ator from Arizona.
Senate is at its very best. Mr. THUNE. The following Senator is CHIPS ACT OF 2022
This is going to go down as one of the necessarily absent: the Senator from Mr. KELLY. Mr. President, just a few
major bipartisan achievements of this Alaska (Ms. MURKOWSKI). minutes ago, after a year and a half of
Congress, along with the Infrastructure The result was announced—yeas 64, work, we have finally—finally—passed
Investment and Jobs Act and the re- nays 33, as follows: our plan to boost microchip manufac-
cent gun safety law. The American peo- [Rollcall Vote No. 271 Leg.] turing in the United States.
ple deserve to see more examples like Microchips go in nearly everything
YEAS—64
this, of both sides coming together to we use. They are in the TV or the cell
Baldwin Graham Reed
do very, very big things that will leave Bennet Hagerty
phone that folks are watching this on,
Romney
a lasting impact on our country. Blumenthal Hassan Rosen and they are in lifesaving medical de-
And I am confident that future gen- Blunt Heinrich Sasse vices, and they are in our most ad-
erations will look back on the passage Booker Hickenlooper Schatz vanced weapons systems.
Brown Hirono Schumer
of this bill as a turning point for Amer- Burr Kaine
The United States invented
Shaheen
ican leadership in the 21st century. Cantwell Kelly microchips, and, once, we produced 40
Sinema
And we are paying attention to all of Capito King
Smith percent of the world’s supply. Today,
America. We are making sure tech Cardin Klobuchar we only produce about 12 percent, and
Stabenow
Carper Luján
hubs will be located not just in the big, Casey Markey
Tester we don’t produce any of the most ad-
big megalopolises like San Francisco Cassidy McConnell Tillis vanced microchips.
Collins Menendez Van Hollen
or New York City or Boston but in Warner
Now, that leaves us vulnerable to dis-
Coons Merkley
places like Buffalo and Syracuse and Cornyn Moran Warnock ruptions in the supply chain, like the
Rochester and Indianapolis and Cortez Masto Murphy Warren current microchip shortage that has
Omaha—not just major cities. Daines Murray Whitehouse halted production lines and driven up
For decades, it was America’s fierce Duckworth Ossoff Wicker prices.
Durbin Padilla Wyden
commitment to scientific research, Feinstein Peters Young
If you have recently tried to buy a
technological growth, and advanced Gillibrand Portman car—a new car—and waited months or
manufacturing that made us the envy NAYS—33
paid more than you were expecting, the
of the world. That funding that we put microchip shortage is a big reason why.
Barrasso Hawley Risch
into science created the greatest lab- Blackburn Hoeven Rounds
So we have worked on a plan, Repub-
oratories, split the atom, spliced the Boozman Hyde-Smith Rubio licans and Democrats, with incentives
gene, landed a man on the Moon, and Braun Inhofe Sanders to make sure the world’s leading
Cotton Johnson Scott (FL) microchip manufacturers grow their
unleashed the internet. We generated Cramer Kennedy Scott (SC)
decades of American prosperity and Crapo Lankford Shelby operations here in the United States
fostered an innate sense of optimism in Cruz Lee Sullivan instead of in China or Europe. It also
the American spirit. And we made the Ernst Lummis Thune boosts research so that the most ad-
Fischer Marshall Toomey
world a safer, more hospitable place for Grassley Paul Tuberville
vanced chips in the world are invented
our democratic values. and produced right here in the United
Today, we face the great task of re- NOT VOTING—3 States. That will mean tens of thou-
newing and strengthening that spirit in Leahy Manchin Murkowski sands of new jobs in places like Ari-
this century, in a world of fierce com- The motion was agreed to. zona, which is already a microchip hub,
petition and hungry authoritarians. It f poised to grow as Intel and the Taiwan
is no longer the case where we can just Semiconductor Manufacturing Com-
leave it up to corporate America. Now SERGEANT FIRST CLASS HEATH pany expand and build new manufac-
SSpencer on DSK126QN23PROD with SENATE
there are nation-states and authori- ROBINSON HONORING OUR PROM- turing facilities.
tarian governments funding and aiding ISE TO ADDRESS COMPREHEN- That is all made possible by this leg-
these corporations to come to their SIVE TOXICS ACT OF 2022—Re- islation, and it creates jobs, not just
shores. Authoritarian nations are sumed with those companies but also with the
cheering for us to fail, hoping we sit on The PRESIDING OFFICER. Under companies that supply them the tools
our hands and fail to adapt to the the previous order, the Senate will re- and packaging for their products. And
changes of the 21st century. sume consideration of the House mes- these are great-paying jobs, and many
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S3716 CONGRESSIONAL RECORD — SENATE July 27, 2022
of them do not require a four-year de- Throughout the confirmation proc- It is not a decision I make lightly
gree. ess, Dr. Kusnezov has demonstrated he and one I would rather not make at all,
I visited Estrella Mountain Commu- possesses the technical and specialized but I would like to state the obvious: It
nity College just several weeks ago, expertise to serve in this role, and I shouldn’t take a U.S. Senator person-
where they are training Arizonans to urge my colleagues to confirm Dr. ally calling Agencies and the adminis-
enter the semiconductor technician ca- Kusnezov. tration while holding up nominees to
reer track with just a 10-day course fol- Mr. President, I ask unanimous con- get the so-called public servants to ac-
lowed by a guaranteed job interview. sent that the Senate consider the fol- tually serve the public.
Now, this is an enormous opportunity lowing nomination: Calendar No. 727, Get this done.
to reinvent our economy for the future, Dimitri Kusnezov to be Under Sec- With that, I object.
and this week, we are getting it done. retary for Science and Technology, De- The PRESIDING OFFICER. Objec-
This bill has now passed the Senate, partment of Homeland Security; that tion is heard.
and I am confident that it will pass the the nomination be confirmed without The Senator from Michigan.
House and be signed into law. intervening action or debate; that the Mr. PETERS. Mr. President, I renew
While this process has been long, it motion to reconsider be considered my above request except that I ask
has also shown what we can accomplish made and laid upon the table; that any unanimous consent that the vote occur
when we work together, Republicans statements related to the nomination at a time to be determined by the ma-
and Democrats. be printed in the RECORD; and that the jority leader, in consultation with the
Senators YOUNG, CORNYN, WARNER, President be immediately notified of Republican leader; that there be 10
and I first began working on this at the the Senate’s actions. minutes for debate equally divided in
beginning of last year, we found agree- The PRESIDING OFFICER. Is there the usual form on the nomination; that
ment, and we worked to build support objection? upon the use or yielding back of time,
from our colleagues. Since then, we The Senator from North Dakota. the Senate vote without intervening
have had to overcome more than a few Mr. CRAMER. Mr. President, reserv- action or debate on the nomination and
roadblocks, but what matters most is ing the right to object, this nominee the Senate resume legislative session.
that we got this done. As a result, our has been failed by the bureaucracy that The PRESIDING OFFICER. Is there
country is going to once again be a he attempts to join. objection?
For months, I have been working The Senator from North Dakota.
leader in microchip manufacturing,
with the State Department and the De- Mr. CRAMER. Mr. President, reserv-
creating tens of thousands of great-
partment of Homeland Security— ing the right to object, I would be
paying jobs, strengthening our na-
USCIS specifically—to rectify an egre- happy to have a vote on this this after-
tional security, and lowering costs for
gious immigration case. noon. But the decision isn’t mine; it is
everyday products. A North Dakota family, an American
The PRESIDING OFFICER. The Sen- the bureaucrats at DHS.
family, is being forced to live apart I object.
ator from Michigan. from each other after one of the par-
UNANIMOUS CONSENT REQUEST—EXECUTIVE The PRESIDING OFFICER. Objec-
ents, a Canadian, inadvertently over- tion is heard.
CALENDAR
stayed their visa after receiving poor The PRESIDING OFFICER. The Sen-
Mr. PETERS. Mr. President, shortly, advice during the chaos of the COVID
I will ask unanimous consent on the ator from Michigan.
pandemic. This forced separation has
nomination of Dimitri Kusnezov to be been ongoing since last year. In fact,
PRESCRIPTION DRUG COSTS
the Under Secretary for Science and the Canadian citizen, the Canadian Ms. STABENOW. Mr. President,
Technology at the Department of mother, is barred for 10 years from re- every day, I receive messages from
Homeland Security. turning to her home. Michigan families who are struggling
The Department needs qualified and The family has complied with every to cope with rising costs for the things
steady leadership to support its 240,000 request our government has thrown at they depend on. We know that it has
employees and their critical missions them and, as we speak, are working on been challenging in a global pandemic
to protect our homeland security and fulfilling another dilatory and unneces- with supply chains broken down and
to keep Americans safe. The Direc- sary request for more information. consolidation, but we also know that
torate of Science and Technology plays The review of this case could have from food prices to household neces-
a vital role in carrying out these re- been done a long time ago, but instead sities to gas, corporate price gouging is
sponsibilities as the Department’s re- bureaucrats are expediting nothing, also taking a big chunk out of Michi-
search and development arm, con- stringing out request after request, ac- gan wallets. And perhaps no industry
ducting groundbreaking research to tually forcing my constituent to prove has been price-gouging longer—actu-
help our Nation identify vulnerabilities the hardship of being separated and ally for decades—more deeply than the
in our homeland security so that we even show why moving to Canada pharmaceutical industry.
can close existing gaps and increase would be a problem. Think of it. Their Americans pay the highest prices in
our capacity to address both current own government is asking them to jus- the world for prescription drugs—high-
and emerging threats. tify why they can’t just move to Can- est prices in the world—even though we
Dr. Kusnezov is more than qualified ada. They are past the point of exas- are the ones who have invested so
to lead these efforts. He most recently peration, and I don’t know how we can much partnering with the industry on
served as the Deputy Under Secretary blame them. new types of medications and innova-
for Artificial Intelligence and Tech- It is wrong and unjust, especially tions. We allow research and develop-
nology at the Department of Energy, when my constituents witness the ment tax credits to help pay for that
where he led the efforts to drive artifi- same Agency allowing thousands of cost. We support other efforts. The Na-
cial intelligence innovation by incor- people to pour across our southern bor- tional Institutes of Health helps to pay
porating it into their missions and op- der without a scintilla of review every for the basic research, hundreds of bil-
erations, including through the cre- single day. lions of dollars working with the indus-
ation of a new Artificial Intelligence The government is not without fault try. And yet we have the highest prices
Office. in this case, and I could share many in the world—the highest prices in the
After more than a decade on the Yale more frustrating details of their saga, world. And one in four Americans can’t
faculty as a professor of theoretical but I will refrain for the sake of their afford the medications they depend on.
physics, Dr. Kusnezov left academia to privacy as they work through this This is just not acceptable. It is just
SSpencer on DSK126QN23PROD with SENATE
pursue public service at the Depart- grueling process. However, my holds on not acceptable.
ment of Energy and became a member DHS nominees will remain until this A senior with complex medical needs
of the Senior Executive Service. He case is resolved. And I will add, if there pays an average of more than $6,000 a
served as a senior adviser to the U.S. is no meaningful change soon, these year on prescription drugs. And the
Secretary of Energy and Chief Sci- holds will expand to other Agencies median price for a new prescription
entist for the National Nuclear Secu- that are involved in this case—specifi- drug is $188,000 a year. That is 90 times
rity Administration. cally, the State Department. the median price for a new drug just
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July 27, 2022 CONGRESSIONAL RECORD — SENATE S3717
back in 2008. And that is more than Americans struggle to afford lifesaving on Medicare. We will cap the out-of-
most Americans earn in 3 years, not medications. For the record, the CEO pocket costs to $2,000 a year and allow
just 1 year, but in 3 years. of Jazz Pharmaceuticals made more people to spread that out over the year
Christina of Center Line, MI, knows than $16 million in total compensation so that it is easier to make that pay-
this. She was prescribed Humira for an last year; an awful lot of Michigan ment. So instead of $6,000 a month or
autoimmune condition that affects her families could live a good life on that $9,000 a month or $10,000 a month or
eyes. Unfortunately, even though she one salary. whatever, we are talking about a cap of
needs it, she can’t afford it. The medi- The pharmaceutical and health prod- $2,000 you can spread out over the year
cation costs more than $6,000 a ucts industry spent $350 million on lob- in out-of-pocket costs for seniors and
month—a month. She wrote this: bying in 2021, nearly double the spend- people with disabilities. Never again
Autoimmune patients . . . struggle with ing of the second-highest industry. In will a diagnosis like cancer mean
the cost of prescriptions being so high and fact, at one point—I haven’t done this $10,000 or more for a single drug to
some just give up and don’t even bother. recently, but at one point, I looked at treat it.
That should never be an option in my opin- the number of lobbyists per Senator, Medicare beneficiaries would also re-
ion. and it was 15 lobbyists in the drug in- ceive free vaccines, including vaccines
James, who lives in Manistee, suffers dustry for every one Senator. And so for shingles. That currently costs sen-
from narcolepsy. It is a neurological we wonder, what is going on here? And iors $190 if they are not enrolled in
condition in which patients can sud- then we see what happens in elections Medicare Part B. It would increase help
denly fall asleep during other activi- and so on; and, unfortunately, our col- for low-income seniors, giving all
ties, including eating or driving. I am leagues on the other side of the aisle qualifying Medicare beneficiaries the
sure we have all known someone or who receive a lot of the benefits of the full low-income subsidy under Medi-
seen someone who has this disease. contributions from the pharmaceutical care Part B. So we would help low-in-
James first started taking medica- industry then come to the floor and try come seniors even more. That would
tion called Xyrem in 2015. Back then, it to block us from doing something on save the average senior about $5,000.
cost about $9,000 a month. Today, that behalf of people to lower these prices. That is a lot of money. And it would
same medication costs more than And that is going to be what is hap- keep Part B premiums in Medicare af-
$18,000 a month—$18,000 a month, or pening again next week. fordable for seniors and people with
$226,221.84 a year. So far in 2022, pharmaceutical compa- disabilities and ensuring that pre-
Who can do that? Who can do that? nies have already raised the price of miums won’t increase because of bad
Last year, James’ doctor switched 1,186 drugs, and they raised the price on actions by drug companies, and that
him to a slightly different drug with 100 drugs just this—right now in July, means not faster than inflation. Speak-
less sodium, produced by the same this month—100 drugs. Prices have ing of bad actions by drug companies,
company, Jazz Pharmaceuticals. The gone up, just this year. it would penalize them for outrageous
new drug, XYWAV, costs even more— It is appalling. There is no other price increases. If they go above infla-
$239,000—$239,320, to be specific, per word for it. And while Republican col- tion, they are going to have to rebate
year. leagues are fighting to protect these those funds.
James writes: absurd profits, Senate Democrats are Today, drug companies are
Who is profiting from these huge price fighting for people who need their incentivized by keeping drug prices
hikes? Will these huge price hikes continue medicines, in some cases just to sur- high by secretly negotiating with in-
every year? Does Jazz Pharmaceuticals have vive, to live, or to be able to go to surers and pharmacy benefit managers
enough oversight? Are they putting profits work, to be able to do things to support to increase profits at the expense of pa-
over people?
their children to get what they need. tients. Under our legislation, drug
I think there is an answer to that. It Our commonsense plan, which we companies, not consumers, will be on
sure seems like that to me, James. will be voting on next week, to lower the hook for drug price hikes that ex-
There is no fundamental reason for drug prices will save $288 billion over ceed the rate of inflation. This proposal
these prices to be going up and up and the next 10 years. First, it would em- alone is expected to save Medicare $71
up. Now, when I think about insulin, power Medicare to negotiate prescrip- billion.
which has tripled in price in the last tion drug prices beginning with 10 of For far too long, the drug companies
decade or so, this was a drug that was the highest costing drugs, starting have been taking advantage of people
actually discovered 100 years ago by next year. I can’t believe it. We nego- like Christina and James. People
two Canadian doctors who developed tiate everything else, and we know the should not have to go without the med-
this patent for lifesaving medicine, and VA that negotiates on behalf of vet- icine they need in this country, in
because they felt it was unethical to erans’ prescription drugs gets about 40 America, where we fund through our
actually be making a profit off of percent less. Common sense tells you tax dollars so much of the innovation
something that would help people, they that we should be negotiating these that creates these drugs. They should
gave it to the University of Toronto for prices. not be forced to skip doses or take less
the equivalent of $1. But, unfortunately, years ago, when than what was prescribed to save
That was 100 years ago. It hasn’t sub- the prescription drug bill, Part B, money, and they should not have to
stantially changed as a product in 100 passed in Medicare, the drug companies choose between taking their medicine
years. The company has more than re- were successful in getting specific lan- and keeping the lights on or putting
covered their research and develop- guage in that says you can’t negotiate food on the table.
ment—their costs and so on. And yet in with them. Medicare cannot negotiate. Christina and James deserve better.
the last couple of years, the price has Well, that needs to change, and we are Americans deserve better. And we are
tripled—tripled. If that is not a sign of going to change that. going to fight until that gets done.
price gouging, I don’t know what is. So it would be 10 of the highest cost- That is what next week is all about on
From 2000 to 2018, big pharmaceutical ing drugs next year that would expand prescription drugs. It is time. It is past
companies raked in $11.5 trillion in rev- to 20 drugs in each year after that by time. People deserve to be able to af-
enue. That is T—trillion dollars. Be- 2029. Just imagine how much money ford the medicine they need. It is time
tween 2016 and 2020, drug companies can be saved if Medicare was allowed to to put people before profits, and that is
spent $577 billion on stock buybacks— negotiate, and it would directly benefit exactly what we are going to do.
not lowering prices, but doing more for people who are living with conditions
SSpencer on DSK126QN23PROD with SENATE
I yield the floor.
their CEOs and doing more for their including asthma, blood clots, COPD, I suggest the absence of a quorum.
stockholders. The $577 billion on stock as well as cancers as well as a whole The PRESIDING OFFICER. The
buybacks is about 10 times as much as range of things—everything you can clerk will call the roll.
they spent on research and develop- imagine. The legislative clerk called the roll.
ment. Secondly, our legislation caps Medi- Mrs. HYDE-SMITH. Mr. President, I
They also have significantly in- care beneficiaries’ out-of-pocket costs ask unanimous consent that the order
creased executive compensation while for seniors, for people with disabilities for the quorum call be rescinded.
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S3718 CONGRESSIONAL RECORD — SENATE July 27, 2022
The PRESIDING OFFICER. Without istration’s own statistics reveal infla- step, President Biden’s reckless tax-
objection, it is so ordered. tion jumped nearly 10 percent in the and-spend policies are taking us closer
TRIBUTE TO DR. THOMAS E. DOBBS, III last year, the biggest increase in over and closer to going over the cliff, and
Mrs. HYDE-SMITH. Mr. President, I four decades. yet the Democrats are still trying to
rise to express deep appreciation for Democrats keep telling us not to outbid each other with another tril-
Mississippi State Health Officer Dr. worry and that the problem is only lion-dollar, budget-busting, partisan
Thomas Dobbs, a friend and leader to ‘‘temporary.’’ Yet, every month, prices package that would raise taxes on
all of the frontline healthcare workers keep climbing and climbing and climb- small businesses and increase prices for
in my State. ing. The reason is simple: President everyone.
Dr. Dobbs joined the Mississippi Biden’s fiscal policies are driving costs That is right, folks. Bidenomics is
State Department of Health as the higher and higher. driving up the costs of everything, and
State health officer in December 2018. You may recall I came to the Senate the Democrats’ solution is to spend
After 31⁄2 years and a global pandemic floor a year ago to warn my colleagues even more of your hard-earned money
that none of us saw coming, he will that Bidenomics was causing inflation to pay for more of their pricey, par-
soon step down from his role and re- to spin out of control. Yet Democrats tisan pet projects. Any more
turn to the clinical side of medicine. have ignored the struggles being in- Bidenomics will push the economy over
Mississippi’s State health officer is flicted on hard-working Americans and the fiscal cliff and into a recession.
responsible for directing public health continue to pass one trillion-dollar bill It is time to take a step back and
activities related to the State’s many after another. As reckless spending in- stop the wasteful Washington spending,
health challenges, which included my creased, the value of the dollar de- which is the only way to make these
State’s response to the COVID–19 pan- clined, meaning paychecks aren’t going prices come on down.
demic. nearly as far as they did just a year I yield the floor.
Dr. Dobbs’ experience and his exper- ago. The PRESIDING OFFICER (Ms.
tise made him the perfect professional To make matters even worse, the ROSEN). The Senator from Missouri.
to lead Mississippi through this pan- Biden administration’s ongoing effort HEALTHCARE
demic. With a belief that each person to end domestic oil and gas production Mr. BLUNT. Madam President, I just
in Mississippi was his patient, Dr. is fueling the elevated price at the was able to watch the administration
Dobbs worked tirelessly throughout his pump, which reached an alltime high of climb the inflation rate cliff, and I
tenure to care for our nearly 3 million more than $5 per gallon this summer; want to talk more about this problem
and an internal analysis by the Biden of what happens when the administra-
residents. From the start, Dr. Dobbs
administration’s own Treasury Depart- tion ignores the warning signs that are
was steadfast in informing and advis-
ment forecasts that, this fall, gas going to produce the kind of results
ing citizens, policymakers, and
prices could top $6 a gallon. that they have produced.
healthcare providers on the best prac- I am already hearing from Iowans
tices to combat the deadly coronavirus. You know, Democrats, all by them-
and Iowa businesses about how folks
He never wavered despite evolving selves, after five bipartisan bills the
aren’t even able to afford to drive to
challenges and so many tragic COVID- year before to try to fight COVID and
work. The problem is becoming even
related deaths. save the economy, decided that the re-
more difficult since Bidenomics is driv-
He is one of the country’s most re- covering economy needed even more
ing up the sticker prices on cars to
spected public health officers, having help to recover and passed a $1.9 tril-
record highs. The actual retail price for
earned a stellar reputation for his clin- lion spending bill in March of last year.
a new vehicle is $48,000, and if that
ical work in the field of infectious dis- And that money almost immediately
sounds like a lot, the cost of buying a
eases. Dr. Thomas Dobbs proved him- home has also reached an alltime high went out.
self to be the leader Mississippi needed You know, we talk about $1.9 trillion.
of $416,000. It is no surprise fewer peo-
during a very difficult time. I am sad- I don’t even know quite how we com-
ple are buying homes. Then look at
dened to see Dr. Dobbs leave the Mis- pare that in a way that people can
rent. It has also hit a record high of
sissippi State Department of Health, think about it. The normal annual
nearly $1,900 a month. These unpredict-
but I am confident he will continue to able prices have everyone asking them- spending for the whole discretionary
do great things. selves if ‘‘The Price is Right.’’ budget is $1.47 trillion. So in one bill,
There are not enough thanks in the Folks, Americans shouldn’t have to in addition to the money that the gov-
world that could cover all that Dr. play guessing games about whether or ernment would be spending that year
Dobbs has done for Mississippi, but I not their paychecks can be stretched in the budget that we vote on—the dis-
say from the bottom of my heart, far enough to avoid going over a finan- cretionary budget we vote on—Demo-
thank you, Dr. Dobbs. Your service and cial cliff. Each bill the Democrats have crats decided: We are going to spend
sacrifice on behalf of Mississippi re- passed as part of the Biden agenda has that much and more. We are not going
flects well on you and your profession. increased costs for working Americans to spend just twice the normal discre-
I am also grateful for his wife, Dr. while moving our Nation closer and tionary spending. We are going to
Kim Dobbs, and their two sons, Wyn closer to the edge of the fiscal cliff. spend twice the normal discretionary
and Max, for sharing so much of their Consider that when Joe Biden was in- spending plus another 25 percent or so.
husband and father during this time. augurated as President in January 2021, You know, we spend every year about
As Dr. Dobbs departs the State de- the inflation rate was only 1 percent. 700, and last year we spent $780 trillion
partment of health, I look forward to After their so-called COVID relief bill— to defend the country. That is a third
continuing to work with him and the which cost $1.9 trillion—was passed in of the money, roughly, in the $2 tril-
new State health officer, Dr. Dan March of last year, the inflation rate lion American Recovery Act. We spent
Edney, in making Mississippi healthier moved up to nearly 3 percent. less than $700 billion to do everything
and happier. In July, President Biden claimed the else that we vote on. All of the debates
Thank you again so much, Dr. Dobbs. quickly increasing prices were ‘‘tem- we have here about spending are spend-
I yield the floor. porary’’ and that his big spending plans ing that results in a little less than $1.5
The PRESIDING OFFICER. The Sen- would result in lower prices for Ameri- trillion of spending that is part of the
ator from Iowa. cans, but by the time the President normal budget.
INFLATION signed his $1 trillion, so-called infra- So when you double that and then
Ms. ERNST. Mr. President, the you add to the doubling of that, and
SSpencer on DSK126QN23PROD with SENATE
structure bill in November, inflation
mountain Americans have to climb to had climbed to almost 7 percent. you put all of that into the economy at
make ends meet keeps getting steeper In December, President Biden said in- one time, you are clearly going to cre-
and steeper as a result of Bidenomics. flation had reached its ‘‘peak.’’ He was ate a situation where you have infla-
Since President Biden began his wrong once again, and, today, inflation tion.
reckless tax-and-spending spree, prices is more than 9 percent. That is what Democrats in previous
are sky-high for gas, food, housing, and This isn’t a cliffhanger, folks. We all administrations, like Clinton’s Sec-
just about everything else. The admin- know where this is headed. Step by retary of the Treasury and people in
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July 27, 2022 CONGRESSIONAL RECORD — SENATE S3719
the Obama administration, all said— The health insurance subsidies in unaffordable healthcare plan rates that
that this will create runaway inflation. particular were meant to be tem- we have.
But if that wasn’t enough, we hear that porary—at least if you believed the The Congressional Budget Office ex-
they want to spend even more. reason that was given when that bill pects 2.3 million fewer people, by the
But over the next year, after they was passed—and would only last until way, to get their insurance on their job
passed that bill, inflation kept sky- the end of this year. Now our friends if the subsidies become permanent.
rocketing. Cracks kept appearing in across the aisle want to make these Why should your employer pay for
the economy. There were plenty of temporary subsidies permanent. your insurance if the government will
warning signs, but our colleagues on For purposes of the law itself, they pay for it instead? Why would you pay
the other side kept pushing to write don’t want to admit that. So they say: some portion of the cost of your insur-
the biggest check they possibly could Well, we just want to extend this year ance if the government will pay 100
and to write another one. for another couple of years. percent of the cost of your insurance?
Their latest plan is a massive And, by the way, I think we are clear Another 200,000 people, because of this,
amount of government spending. This that when we get to the next deadline, would end up in Medicaid and the CHIP
one will be really focused on the Af- once you have had these subsidies for 1 Program, or the Children’s Health In-
fordable Care Act, sometimes called year, as it turns out—let alone 2 or 3 surance Program.
ObamaCare. Apparently, the Affordable more—the whole idea is to get people This is a plan to get people com-
Care Act wasn’t all that affordable or so committed to getting this money mitted to something that just simply
isn’t all that affordable, because if you that the government will never back doesn’t work. All it does is prove what
believe the reason for this bill, almost up and take it away. President Reagan said, which he once
nobody can afford it. If you don’t get It is just a budget gimmick—every- said:
insurance at work, it is almost body knows that—a gimmick to extend Nothing lasts longer than a temporary
unaffordable. the program to further redistribute government program.
In the original healthcare law, there taxpayer money to people who are So we are going to be discussing, in
were government subsidies for people making big incomes but have decided the next few days, about how we want
who didn’t make much money so that it is better for the government to pay this 1-year program to become another
they could afford to be in what turned for their insurance than it is to pay for 2- or 3-year program, which clearly
out to be an overpriced system. But their insurance themselves. would become a permanent program.
that law capped how much you could This doesn’t relate to everybody. In Temporary assistance in March of
earn and still get a subsidy. fact, the 400 percent of poverty, which 2021 and the other things in that bill
The $2 trillion I talked about earlier, many people thought at the time, and that were spent immediately—that $1.9
the reckless tax-and-spending spree still think, sounds like an income trillion bill—fed the fuel to the fire of
from March of last year, got rid of where you ought to be able to pay your inflation that we see right now. Com-
those income limits. Apparently, the own insurance—and, if you can’t, there bine that with terrible energy policies,
income limits—no matter how high must be something wrong with the and American families feel it every sin-
they were—weren’t high enough. So healthcare system. In fact, last year, gle day.
they eliminated the income limits. my colleague from West Virginia, Sen- We don’t need to do more of the
Now the amount you would get from ator MANCHIN, said he had serious prob- same. We need to figure out what we
the government would be based on how lems with another version of this bill did that created this problem and stop
big a share of your income you were because there wasn’t a cap. He said: doing it.
spending on insurance, no matter how ‘‘What I see are shell games—budget I yield the floor.
big that income was. gimmicks that make the real cost of The PRESIDING OFFICER. The ma-
One study found that a typical fam- the so-called $1.75 trillion bill esti- jority whip.
ily of four making $106,000 would al- mated to be almost twice that’’ much OFFICER ELLA GRACE FRENCH TASK FORCE
most immediately—and did almost im- during the full time of the bill. SUPPORT ACT
mediately—get almost $10,000 in sub- So the Congressional Budget Office Mr. DURBIN. Madam President, yes-
sidies. Before that, they got zero in looked into this health insurance study terday, during a hearing before the
subsidies. Four hundred percent of the plan or subsidy plan. They found that Senate Judiciary Committee, I had a
poverty level appeared to be enough in when it actually gets extended, this ex- chance to share the story of this fallen
the original bill. That is the system tension over 10 years costs another $250 hero from Chicago, IL. Her name is
that should have provided insurance billion. If we have people who are mak- Ella French.
that people could afford, but, appar- ing more than 400 percent of poverty— Officer French joined the Chicago Po-
ently, it hasn’t done that. in fact, if we have people who are un- lice Department in 2018. A true public
The insurance on the government ex- limited in their income—who somehow servant, she was always eager to help.
changes is so expensive in some areas need to have government help to buy She loved people, loved her family, and
that people making half a million dol- insurance, we ought to figure out what loved animals, particularly stray dogs.
lars or more could qualify for thou- happened with the insurance market- She would often pick them up in her
sands of dollars from the government place that ObamaCare created. squad car and ferry them to safety at
under this new structure. This, by the The CBO, the Congressional Budget the end of the day.
way, is the structure that the next Office, figured that $36 million of that Last year, tragically, Officer French
spending bill is supposed to be trying $250 million would go to people who was shot down during a traffic stop.
to make permanent or at least perma- make more than 400 percent of poverty, She was 29 years old. Her partner, Car-
nent enough that people will get so which works out to be about $140,000 los Yanez, Jr., was seriously wounded.
used to having it that they will never for a family of 4. They also say that 48 The gun that was used to shoot both of
want to give it back. percent of the new people entering the them had been straw-purchased in Indi-
The bill was called the American program would be making more income ana, a State adjoining Illinois. A straw
Rescue Plan. Its supporters kept tell- than that $140,000 level. purchase takes place when someone
ing us it had to be big because there Even if you think someone who without a criminal record, who can
were still people in real need and the makes $140,000 is low income—as pass a background check, buys a gun
economy was struggling. But we now maybe our friends on the other side of for someone who cannot. In this case,
know that while there are always peo- the aisle do—and deserves a handout the purchaser was turning the gun over
SSpencer on DSK126QN23PROD with SENATE
ple in need, it is not because the econ- from taxpayers to buy their insurance, to a convicted felon who used the gun
omy is struggling. Now people are in again, I would say there must be some- to kill Ella and seriously wound her
need because the economy is spiraling thing wrong with the insurance plan. If partner.
out of control, and whether it is at the we have an affordable healthcare plan During yesterday’s hearing, which fo-
gas pump or the grocery store, you are that nobody can afford, that should be cused on law enforcement officer safe-
having to make decisions you wouldn’t our focus instead of focusing on mak- ty, we were joined by Officer French’s
have thought you would have to make. ing other taxpayers pay for the mother, Elizabeth. She is a wonderful
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S3720 CONGRESSIONAL RECORD — SENATE July 27, 2022
person. I want to take this opportunity In his concurrence in the Dobbs opin- timely manner. Given this informa-
to thank Elizabeth French for her ion, Justice Clarence Thomas urged the tion, customers may decide to take
bravery and her commitment to hon- Supreme Court to ‘‘reconsider all of their business elsewhere—to a phar-
oring her daughter’s legacy. this Court’s substantive due process macy that does not allow individual
I want to thank our witnesses, in- precedents, including Griswold, Law- staff members to restrict or interfere
cluding Chief Angel Novalez of the Chi- rence, and Obergefell.’’ He made ref- with their customers’ legal purchasing
cago Police Department, who himself erence in that statement to three Su- decisions.
was shot in the line of duty, for partici- preme Court decisions which have been A woman’s right to essential
pating yesterday in the hearing. on the books for over 50 years. That is healthcare should not differ based on
Every time law enforcement officers an explicit threat by Justice Thomas which pharmacy she chooses, who fills
put on their uniforms and badges, they against the very right to same-sex her prescription, or who rings it up.
put their lives on the line, especially in marriage, the right to consensual rela- Her right to this personal decision in
a country that is now awash in guns, tionships between LGBTQ people, and her life is fundamental—fundamental.
America, the country of 350 million the right to contraception, which has That is why Congress must pass the
people and 400 million firearms. In fact, been protected by the Court’s decision Right to Contraception Act introduced
guns are not only the No. 1 cause of in Griswold v. Connecticut for 55 years. by Senators MARKEY and MURRAY. This
death for America’s children, they are In that case, Griswold, a super- is a commonsense proposal, and I have
the leading cause of death for officers majority of seven Supreme Court Jus- cosponsored it. It would codify the
in the line of duty, second only to tices ruled that married couples have a right to contraception in America na-
COVID. right to access contraception. They tionwide—a right that has been undis-
We have made some progress in re- based it on a word which you will not puted for 55 years.
cent months in reducing the risk of find in the Constitution: ‘‘privacy.’’ We need this legislation because now
gun violence for police officers and our Now, more than half a century later, women in America are living with the
families. The Bipartisan Safer Commu- we are living in an America where consequences of six unelected Justices
nities Act included a provision I have erasing the constitutional right to re-
women are no longer guaranteed this
long supported, cracking down on productive healthcare, and pharmacies,
right to privacy, this right to reproduc-
straw purchases, like the gun that was like Walgreens, are allowing their em-
tive healthcare, and where their very
used to kill this amazing young ployees to dictate what healthcare
right to contraception is now in doubt
woman. products consumers are able to pur-
We still have a lot of work to do. Yes- and in jeopardy.
This is not some alarmist rant. At chase. Walgreens says they want to be
terday, I introduced legislation—and I
this very moment, women in America respectful of the moral judgment of
have named it in Officer French’s
are being denied their constitutional their employees and staff. Should they
honor—that would provide funding to
right to contraception. How could that not also be respectful of their cus-
multijurisdictional task forces to com-
possibly be in this country? Well, look tomers?
bat straw purchasing: the Officer Ella
no further than your local pharmacy. Politicians and pharmacists have no
Grace French Task Force Support Act.
This past weekend, USA TODAY re- business standing between a woman
I am glad her mother was there to hear
ported on the story of Abigail Martin, and healthcare. If protecting this right
that.
I hope every Senator who prides him- a young woman who has been taking sounds like common sense to you, then
self on supporting law enforcement will birth control pills for the past 6 years. join us in supporting the Right to Con-
join me in this legislation. I can think She went to a Walgreens pharmacy to traception Act.
refill her birth control prescription, If the Supreme Court will not respect
of no better way to honor the service
which had been prescribed by her doc- this fundamental personal right, you
and sacrifice of our officers, to protect
tor. She was turned away by a phar- have the right to demand that your
our families and our children, and to
macist at Walgreens. It took 4 days be- Member of Congress will.
demonstrate to America that this Sen-
ate is serious about stemming the tide fore she was finally able to access her CHIPS ACT OF 2022
of gun violence in our country. medication by going to a different Madam President, across America,
RIGHT TO CONTRACEPTION ACT
pharmacist. That is a dangerous delay tens of thousands of cars are lined up
Madam President, in the United in healthcare. Apparently, Walgreens bumper to bumper in a total standstill.
States of America, nearly all women— allows its pharmacists to refuse to fill This is not an ordinary traffic jam.
99 percent—use some form of contra- a prescription for which they have ‘‘a You see, these cars are brand new.
ception in their lifetime to prevent un- moral or religious conviction . . . [and] They were assembled by some of the
planned pregnancy. They use birth con- to refer the customer to another em- finest names in American manufac-
trol pills, IUDs, condoms, and other de- ployee or manager on duty who will turing. But they are missing some-
vices. Many women who are not sexu- complete the transaction.’’ thing, a key, essential component:
ally active still use birth control to Since Abigail’s story went viral, microchips.
manage medical conditions. other Walgreens customers have come If you are in the market for a new
Further, almost every woman who forward to say that cashiers refused to car or even a fridge or a smartphone,
identifies as religious has used a con- ring up their condoms because they an- there is a good chance you have felt
traceptive method in her lifetime—99 nounced it violated their faith. the semiconductor shortage. These
percent of mainline Protestants, evan- A pharmacist should not be able to tiny pieces of silicon power nearly ev-
gelical Protestants, and Catholics—and unilaterally decide that their personal erything around us. But with the
96 percent of people with other reli- moral or religious beliefs can delay or coronavirus epidemic, supply chains
gious affiliations. interfere with the medical needs of a have been snarled and foreign factories
In short, women in all stages of life patient standing at the cash register, have been shut down, which has led to
in America and of all religious back- buying a legal medication, which is a global shortage of microchips.
grounds rely on birth control. It is why this week I sent a letter to the This has had a devastating impact on
their constitutional right. It is their CEO of Walgreens, an Illinois corpora- American consumers, businesses, and
decision. But this right, this decision, tion, for an explanation of their policy. workers. Over the past 2 years, the
is now under attack. If Walgreens is going to allow its in- price of a new car has skyrocketed by
Over a month ago, in Dobbs v. Jack- dividual employees to dictate what 20 percent—40 percent for used cars. We
legal medical products customers can have seen the repercussions of this
SSpencer on DSK126QN23PROD with SENATE
son Women’s Health Organization, the
U.S. Supreme Court overturned Roe v. purchase, then the company should firsthand in my home State of Illinois,
Wade, revoking for the first time ever make this policy known to the public. which is one of the leaders in the auto
an established constitutional right: the They should be required to display industry. Companies like Stellantis,
right to reproductive healthcare. And I signs at their cash registers alerting which runs an assembly plant in
fear that the Court’s assault on our customers and the public that they Belvidere, have been forced to shut
fundamental freedoms is just begin- may not be able to fill their prescrip- down production several times this
ning. tions or buy healthcare products in a year because of these shortages.
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July 27, 2022 CONGRESSIONAL RECORD — SENATE S3721
Today, the Senate did something re- investment in the NIH. But I knew that The passage of the CHIPS and Science
markable: We passed a bill, a bipar- wasn’t enough. We needed the Depart- Act today on the floor of the U.S. Sen-
tisan bill. How about that. And it is ment of Energy’s Office of Science, as ate is a vindication of our commitment
important. We came to the rescue of well as the National Science Founda- to this Nation’s future and an invest-
job creators like Stellantis and to the tion, to have the same increase in fund- ment that generations will thank us
rescue of American consumers. We ing. Today, with the passage of the for.
voted on this legislation to invest bil- CHIPS and Science bill, we are finally I yield the floor.
lions of dollars into making microchips moving in that direction. I suggest the absence of a quorum.
right here in America. We know how important scientific re- The PRESIDING OFFICER. The
This bill is critical for the future of search is. We have learned it over and clerk will call the roll.
our economy. It is even critical for our over. For instance, finding that vaccine The senior assistant legislative clerk
national security. And we need it des- for COVID–19 in recordbreaking time proceeded to call the roll.
perately for more scientific break- was a result of investing in science and Mr. CRUZ. Madam President, I ask
throughs. But in the near term, the medical research years and years be- unanimous consent that the order for
CHIPS Act is imperative for shoring up fore. the quorum call be rescinded.
our Nation’s supply chain and We also know that we have launched The PRESIDING OFFICER (Ms.
strengthening our defense system. some things which are going to change BALDWIN). Without objection, it is so
Why? Because microchips are essential the world. The James Webb Space Tele- ordered.
not just for cars and refrigerators and scope is one of those things. The deep- UNANIMOUS CONSENT REQUEST
smartphones but for guided missile sys- est and sharpest photos of our universe Mr. CRUZ. Madam President, in a
tems and fighter jets. are finally coming home to the United moment, I am going to propound a
Right now, America has to rely on States and the rest of the world. unanimous consent request. Before I
foreign suppliers like China to supply What is NASA doing with this trove do, I want to make some brief remarks.
the chips that power the next genera- of data being collected by this tele- Right now, we have an administration
tion of defense in America. That wasn’t scope now? Well, since NASA is funded that is killing oil pipelines, slow-walk-
always the case. In 1990, America pro- by taxpayers, they are sharing it with ing natural gas licensing, illegally
duced almost 40 percent of the world’s researchers throughout the country. halting lease sales, and writing rules
supply of microchips. Today, make One professor at the University of Chi- that Congress never gave the executive
that 12 percent. Somewhere along the cago, Jacob Bean, says that he is plan- branch the authority to write.
way, we settled for outsourcing semi- ning on using this data to learn more This is how President Biden regu-
conductor production to Asia. That is about exoplanets orbiting faraway lates our energy industry. In the morn-
just unacceptable, and it is stars, whatever the possibilities may ing, he complains that gas prices are
unsustainable. Imagine our turning to be that they can host a life. too high, and he chastises oil and gas
the Chinese Communist Party to deter- This one image of our universe has companies to produce more. Then he
mine whether or not we can buy the unleashed a flood of new ideas and just takes a nap, wakes up, and says the
microchips that fuel our economy and countless questions for researchers very existence of oil and gas companies
protect our Nation. That is a dangerous around the world. It shows how funding offends him, and it is our duty to put
scenario. and scientific research can really them out of business. It is absurd.
I have heard a few colleagues voice change the place we live in. But today I want to focus on the
concern about the subsidies in this bill, When we support scientists and re- Biden administration’s reckless release
but—let’s be clear—this is no reckless searchers, we are paving the way for of our emergency crude oil stockpile,
corporate giveaway. The CHIPS Act new discoveries. NASA was critical for the Strategic Petroleum Reserve. The
will bring American factories back to developing so many products. Imagine, President’s energy policy has been a
life, creating good jobs in our country. if you will, that they had a lot to do failure so much so that today the
The fact is, our competitors in Asia with developing athletic shoes, CAT United States produces 11⁄2 million
and even Europe are already investing scans, and smartphone cameras. These fewer barrels a day of oil than it did in
billions of dollars in luring chipmakers staples of American life and more were November 2019.
away from America. We need to fight unintended discoveries pioneered in That is why oil and gas prices are
fire with fire. The CHIPS Act will. It NASA’s labs. high. It is no mystery, and it is not
will incentivize the biggest names in With the CHIPS Act, we can kick- principally because of the war in
technology to manufacture right here start a new generation of discovery. I Ukraine, as much as Joe Biden and the
in America, and if any company breaks am happy to say that, in Illinois, in the Democrats want to blame it on that.
their commitment to make it in Amer- Chicagoland area, we have two of the At the same time that President
ica, we reclaim all of the funding that best research operations in our coun- Biden has tried to strangle U.S. energy
we give them under this bill. try: the Argonne Lab and Fermilab. production, he has simultaneously
But beyond this economic and na- With this funding, these facilities groveled to Saudi Arabia and to Ven-
tional security imperative, the CHIPS will break new ground in researching ezuela, asking them to increase their
Act is important for another reason, emerging technology, like AI and quan- production. And he has attacked small
one that really strikes at the heart of tum computing. In fact, Argonne and business gas stations around the coun-
America: pioneering innovation. The Fermilab already partnered together try and told them: Just lower your
CHIPS Act includes historic funding with the University of Chicago to prices. Then he has taken the unprece-
authorization for groundbreaking sci- launch the most advanced quantum dented step of releasing an arbitrary
entific research at the National network in the world. They are plan- amount of our emergency crude oil
Science Foundation and the Depart- ning to expand it to other parts of the stockpile in order to try to lower gas
ment of Energy’s Office of Science. country, bringing more research into prices before the midterm elections.
This has been a particularly impor- this cutting-edge research technology. The Biden administration has even
tant issue to me personally as a Mem- And much like space exploration 50 sold at least 2 million barrels of oil to
ber of the Senate for many years. It years ago, quantum computing is the the Chinese Communist Party’s state-
was 7 or 8 years ago when I decided to new frontier in science. We have only owned oil and gas company, Sinopec.
try to push for increasing medical re- begun to explore techniques like One million barrels in April of this
search funds at the Federal level. I con- teleporting qubits, which may sound year, another million barrels in July
SSpencer on DSK126QN23PROD with SENATE
centrated on the National Institutes of like a line from Star Trek, but it has sold to communist China. China, at
Health, with Senator ROY BLUNT of profound implications. this very moment, has created the
Missouri, who was just on the floor be- Quantum computing could revolu- world’s largest stockpile of crude oil,
fore me, joining me in a bipartisan ef- tionize the way we design electric bat- which according to Bloomberg totals
fort with PATTY MURRAY in an effort to teries for cars, even solar technology, 926 million barrels.
make this bipartisan and effective. It to maximize energy efficiency. These In comparison, under Joe Biden, our
worked. We dramatically increased the are the possibilities that lie before us. own reserves have fallen to 492 million
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S3722 CONGRESSIONAL RECORD — SENATE July 27, 2022
barrels of oil. That is the lowest level a strategic asset, all of the oil produced mit to him to spend some time looking
since December of 1985, according to in the United States. at his more targeted approach given a
the U.S. Department of Energy. Prior to 2015, we decided that the oil little bit more of a window.
Of course, no mention of China and produced in the United States would So I am going to make this request
the administration would be complete stay in the United States; that it right now, which is that the Senator
without noting that Hunter Biden’s should benefit U.S. consumers. modify his request and instead that the
private equity firm, BHR, has a major And I have heard my Republican col- Committee on Banking, Housing, and
stake in Sinopec. leagues come down to the floor over Urban Affairs be discharged from fur-
But there is something we can do. I and over again calling the Biden ad- ther consideration of S. 1415 and the
am calling on this body to pass the No ministration to do more drilling, to do Senate proceed to its immediate con-
Emergency Crude Oil For Foreign Ad- more exploration, to authorize more sideration; further, that the bill be
versaries Act, which is cosponsored by permits under the belief that drilling considered read a third time and passed
11 of my colleagues. in the United States will produce re- and that the motions to reconsider be
This bill takes the commonsense step sults for American consumers. considered made and laid upon the
of prohibiting the Secretary of Energy But the reality is we have done more table.
from selling our emergency crude oil drilling in the United States, but much The PRESIDING OFFICER. Does the
stockpile—there to protect the na- of that drilling and exploration has Senator so modify his request?
tional security of the United States— benefited—you guessed it—China. Prior Mr. CRUZ. I do not. Reserving the
to communist China and also to other to 2015, the United States didn’t export right to object.
foreign adversaries, including Iran, oil to China. In 2013, we exported .3 Debates on the Senate floor some-
North Korea, and Russia. million barrels, the next year .4 mil- times can be clarifying. Over the
It would also require a full account- lion barrels, the next year 8 million course of the day, my office and I en-
ing of where our crude oil has been sent barrels, the next year 80 million, then gaged in good-faith negotiations with a
for refining since the Biden adminis- 84 million, dipped down to 50, then number of Democratic Senators. We
tration began releasing the oil in the back up to 176. In 2021, 91 million bar- engaged in extensive negotiation with
Strategic Petroleum Reserve last No- rels of oil shipped from the United Senator MANCHIN, the chair of the rel-
vember. States to China. evant committee. Senator MANCHIN
It is important to note we have no And so if we are sincere about trying proposed minor alterations to this bill
issue with exports in general. In fact, to make sure that American-produced and agreed to support it if we made
we want to continue to help our Euro- oil benefits American consumers, rath- those alterations. I agreed to accept
pean allies remove themselves from er than the Chinese Communist Party, Senator MANCHIN’s alterations, and we
their reliance on Russian oil. well, then let’s make that our policy. then had what was going to be a bipar-
A recent study found that since 2015, Let’s not limit the policy to the Stra- tisan bill.
U.S. oil exports increased oil and nat- tegic Petroleum Reserve; let’s just Senator CANTWELL, likewise, we ne-
ural gas development in the United make the decision that American oil is gotiated with her office today and had
States, reduced global oil prices by going to benefit American consumers. reached what we thought was an agree-
$1.93 per barrel over a 6-year period, Now, that change was made in 2013 as ment.
added $161 billion to our GDP, and part of a compromise. Republicans And then at the last moment, the
added nearly 50,000 jobs here in Amer- wanted the ban on oil exports lifted. Senator from Connecticut raised this
ica. Democrats wanted the extension of objection. And I think what he is ask-
But under no circumstances should some tax incentives for renewables. It ing this body to pass really clarifies
we be giving our emergency stockpile was a bipartisan compromise. But now where the extreme left wing of the
to our enemies, particularly at a time that we seem to have greater consensus Democratic Party is, which is the
when they are benefiting from stock- around stopping American exports of Green New Deal Democrats want to de-
piling cheap Russian oil and gas. This fuel benefiting China, then let’s not stroy American energy jobs. They want
poses a direct threat to American na- just do this halfway; let’s make it a to destroy the American oil and gas in-
tional security, and the Biden adminis- clear policy. dustry. They want to destroy our own
tration shows zero interest in stopping And so I just learned of the Senator’s production, and, bizarrely, they simul-
it. That is why Congress needs to act. unanimous consent request this morn- taneously want to benefit energy jobs
This should be a simple and easy bi- ing, and I will commit to him to learn of our enemies.
partisan measure to say we are not more about the more targeted ap- There is some irony that the Senator
going to sell our Strategic Petroleum proach that he is making, but I am from Connecticut is leading this objec-
Reserve to communist China to use it going to plan to object to it today un- tion because it was earlier this year
against America. less we can modify it to make this pol- when the Senator from Connecticut led
Therefore, Madam President, I ask icy universal. the effort in this body to block sanc-
unanimous consent that the Com- Senator MARKEY has a piece of legis- tions on Russia and Vladimir Putin on
mittee on Energy and Natural Re- lation that would reimpose that ban on the Nord Stream 2 Pipeline, sanctions
sources be discharged from further con- the export of oil. It seems like a pretty that I had authored and passed into
sideration of S. 4515, and the Senate important time to do that. If we have law, not once but twice; sanctions that
proceed to its immediate consider- oil in the United States, why don’t we had stopped that pipeline; sanctions
ation; further, that the bill be consid- keep it here to benefit the people of the that had prevented Putin from invad-
ered read a third time and passed and United States instead of shipping it to ing Ukraine; sanctions that hurt Rus-
that the motions to reconsider be con- China? Senator MARKEY’s bill has lan- sia and hurt Putin until Joe Biden be-
sidered made and laid upon the table. guage in it that would allow for na- came President and decided to waive
The PRESIDING OFFICER. Is there tional interest exemptions so that if we the sanctions on Russia and Putin to
objection? needed to get oil to Ukraine, for in- capitulate to Russia and Putin.
The junior Senator from Con- stance, we could still do that. But 91 When Biden did so, when Biden
necticut. million barrels of oil, that is a lot of oil waived those sanctions, the Govern-
Mr. MURPHY. Madam President, re- to be sending to China every year. ment of Ukraine, President Zelenskyy,
serving the right to object. And so I am going to ask that the said: If you waive these sanctions, Rus-
I appreciate the Senator’s interest in Senator modify his request to pass sia will invade Ukraine. The Govern-
SSpencer on DSK126QN23PROD with SENATE
trying to make sure that American en- Senator MARKEY’s legislation instead, ment of Poland said: If you waive these
ergy resources don’t go to benefit com- which would, frankly, get at the con- sanctions, Russia will invade Ukraine.
munist China. And it is interesting be- cern that Senator CRUZ is articulating And in January of this year, I forced
cause I don’t think a lot of Americans but do it in a much more comprehen- a vote on imposing the sanctions. At
know that prior to 2015, the United sive way. I expect he may object to the time, the Government of Ukraine
States didn’t allow for the export of that modification, and if he does, I will begged us—there were tanks on the
American oil. We saw it prior to 2015 as object to his original request but com- border of Ukraine, the invasion hadn’t
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July 27, 2022 CONGRESSIONAL RECORD — SENATE S3723
happened—and the government of here in America and not purchasing en- nese Government, then let’s enact that
Ukraine begged us: Please pass these ergy from our enemy. policy.
sanctions. And what the Senator from Con- What Senator CRUZ is essentially
Now, every Democrat in this body necticut has just said is that we should saying is that if the end result is mas-
had voted for my sanctions not once abandon our friends in Europe. We sive profits for the oil company, then
but twice. They had supported it when should abandon our friends that want we are just going to look the other
the President’s name was Donald J. our energy. We should tell them: You way. Then we are just going to look
Trump. know what. You are better off buying the other way.
But then they had a Democrat in the oil from Russia. You are better off buy- The strategic petroleum reserve? No,
White House, and a Democrat, Joe ing oil from Iran. You are better off we are going to keep that oil here.
Biden, who, on the day of the vote, buying oil from Venezuela, which I That can’t go to China. That would be
came to Capitol Hill—it is the only guess makes sense because Joe Biden’s an immoral abomination if the Chinese
time I know of that he has done this— State Department was asking Ven- got their hands on that oil.
to personally lobby Democrats to vote ezuela, led by an illegitimate Nicolas But if the end result is that oil com-
against sanctions on Russia, against Maduro, an enemy of America—the panies get to pad their profits by sell-
sanctions on Putin, to vote to green- Biden administration is asking our en- ing oil to the Chinese, well, then that
light a natural gas pipeline for Putin emies to produce more oil. is fine. Well, then, that is fine.
and Russia. So the effect of the Senator from So let’s be 100 percent clear in what
And the Senator from Connecticut Connecticut’s proposition would be to is happening here. If your priority is
led the fight on the Senate floor, urg- hurt jobs in America, hurt energy not selling oil to China, then let’s
ing his Democratic colleagues: Flip prices in America. By the way, it would make that the policy. Let’s make that
your votes. Give an enormous present drive up gasoline prices. If the ex- the policy.
to Russia and Putin, and sacrifice tremes in the Democratic Party have But that is not the priority. The pri-
Ukraine in the process. their way, we won’t just see $5-, $6-, $7- ority is to make sure the oil companies
I stood on this floor and said: If you a-gallon gasoline, we are going to see can make as much money as possible.
do this—the 44 Democrats who cast the $10-a-gallon gasoline. That is where ExxonMobil expects to make $10 bil-
vote—we will see Russian tanks in the they want to go. lion in profit—not revenue, in profit—
streets of Kyiv. And, by the way, the Transportation in the second quarter of this year. So I
I wish that prediction had proven Secretary, Pete Buttigieg, said pub- don’t apologize for a second for making
wrong, but it did not. licly: This is the cost of transition. We my priority the people of this country,
What the Senator from Connecticut have got to make gasoline expensive. not the profits of the oil companies.
just came back with is: We should pro- In politics, that is called saying the Yes, I want to keep American oil
hibit all energy exports from America. quiet part out loud—that for too many here because I want it to benefit Amer-
And, in fact, I will read from the bill of the extreme Democrats, they want ican consumers, not the oil companies’
he called up. It is: working men and women to pay 100 bottom line.
The President . . . may restrict exports of bucks, 150 bucks at the gas pump. Why? And spare me the rewrite of history
. . . coal, petroleum products, natural gas, or Because they don’t like that some on Nord Stream 2. Those sanctions that
petrochemical feedstocks. moms choose to drive minivans. They we passed were ready to go for Donald
Shut down all exports. don’t like that some Americans choose Trump. What I objected to was the
So I want you to understand the dif- to drive a pickup truck or an SUV, and Senator being silent when Donald
ference between my bill and the bill they want to force you to sell your Trump sat on the sidelines and refused
the Senator from Connecticut is asking Suburban and buy a Prius. And their to implement those sanctions, and then
us to pass. strategy is: We are going to make it so taking a hard line when a Democrat
My bill says: Don’t sell our oil to our expensive, so miserable that you can’t was in the White House.
enemies. Communist China is our afford your bills until you comply with Senator CRUZ held up every State De-
enemy. Russia is our enemy. Iran is what they want. partment nominee that President
our enemy. North Korea is our enemy. It is cynical, and it is misguided, but Biden offered, as hostage in order to
Let’s not sell our oil to our enemies. it does at least make transparent that get a change on Nord Stream 2 policy.
This is a reasonable, commonsense the little stickers on the gas pump The Senator did not do that when Don-
proposition. I am confident any one of with Joe Biden pointing at the price ald Trump was in office, during a pe-
us at home with our constituents, if saying ‘‘I did this’’—that is what they riod of time in which the pipeline was
you asked your constituents, ‘‘Should intend. being built.
the President of the United States be We should not be selling oil to com- By the time that Donald Trump left
selling oil that the American taxpayer munist China. Everyone in this body office, that pipeline was 95 percent
has paid for, that is kept as a strategic knows this. But that doesn’t mean it is built, and had Senator CRUZ taken the
reserve to keep America safe, should a good idea to abandon our friends and same policy during the Trump adminis-
we be selling it to communist China,’’ send our friends and allies to become tration, arguably, we could have been
the overwhelming majority of your customers of Vladimir Putin. That is in a different place by the end of 2019.
constituents and mine, whether Demo- spectacularly ill conceived. So I don’t apologize for saying: You
crat or Republican, would say: Abso- And, therefore, I decline to accept know what. The oil companies are
lutely not. That is idiotic. the modification. making too much money. Our prices,
My bill says: Don’t sell our oil to our The PRESIDING OFFICER. Objec- our constituents, our consumers should
enemies. tion to the modification is heard. come first. And if we are serious about
The Senator from Connecticut has Is there objection to the original re- not exporting oil to China, then let’s be
responded with: Don’t sell our oil to quest? serious about it and make the policy
anybody. Don’t sell our natural gas to The junior Senator from Con- universal.
anybody. Don’t sell it to our friends. necticut. And so for that reason, I would ob-
Now, let’s be clear. There have been a Mr. MURPHY. Madam President, re- ject.
lot of Democrats in this Chamber who, serving the right to object, here is The PRESIDING OFFICER. Objec-
once the war in Ukraine started, stood what the Senator from Texas is saying: tion is heard.
up and said the key to defeating Putin It is fine to sell to China so long as you The junior Senator from Texas.
SSpencer on DSK126QN23PROD with SENATE
is exporting our liquid natural gas to are a big American oil company and Mr. CRUZ. Madam President, you
Europe so they can get off of depend- profiting off of it. know, John Adams famously said:
ency on Russian oil and gas. That is the bottom line. ‘‘Facts are stubborn things.’’ So let’s
I can’t count how many Democrat The Senator had the chance to en- clarify a couple of facts.
speeches I have heard saying what is dorse the policy that would have No. 1, the bill that the Senator from
absolutely true: We want our friends stopped all American exports to China. Connecticut was pushing is a bill that
and allies purchasing energy produced If the priority is to not enrich the Chi- is entitled the BAN Oil Exports Act. In
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S3724 CONGRESSIONAL RECORD — SENATE July 27, 2022
his remarks a moment ago, he sug- then asking for unanimous consent on cians shouldn’t be the ones to make it.
gested it was about China. This bill is a measure called the Right to Contra- They shouldn’t be allowed to infringe
not about China. This bill is about ban- ception Act. It is called the Right to or interfere on that decision.
ning oil exports, natural gas exports, Contraception Act because it guaran- And women can’t be truly equal if
coal exports—energy exports across the tees the right to contraception. they don’t control their lives, their re-
board to anybody. If you had asked me a year ago, 6 productive lives. If they don’t control
By the way, the bill is authored by months ago, would we need a Right to their bodies, if they lose that right,
Senator MARKEY. It is cosponsored by Contraception Act, I would have they simply cannot be equal. So it is
Senators WYDEN, MERKLEY, SANDERS, thought not in my lifetime. But the not just privacy; it is equality that is
and WARREN. The Senator from Con- fact is we live now in the post-Roe era. at stake here.
necticut is not a cosponsor of the bill. It is a unique moment in our Nation’s My Republican colleagues are ada-
This is an extreme bill. history, not just because the Supreme mant in dragging this country back to
As I pointed out in my remarks, what Court has overturned Roe v. Wade in a time when women had little or no au-
the Senator from Connecticut was ask- the recent Dobbs decision but because, tonomy over these choices. And I am
ing is: Let’s refuse to sell oil or natural for the first time in our history, we are shocked—and I think many of my col-
gas to our friends, and let’s make our rolling back rights. leagues are, the American people are as
friends buy them from Russia instead. The history of our great country, the well—that American women today will
In response to that, he said precisely greatest in the history of the world, is have fewer rights than their mothers
nothing, nada. He said: ExxonMobil is that we advance and expand rights. and even their grandmothers. We are
bad. He said: Don’t sell to China. From the time of our founding, the living through a world where
My bill says: Don’t sell to China. ethos and tradition of America is that healthcare providers can’t do their jobs
His bill says: Don’t sell to anybody. we increase rights and liberties that and save lives without risking criminal
And as for his revisionist history on penalties, and much of our Nation will
are protected from governmental inter-
Nord Stream 2, he is right that the be at risk of losing these fundamental
ference.
pipeline was over 90 percent completed And now with Dobbs, one of the core liberties.
by the time the Senate and the House freedoms—the right to decide when and Let me be clear. This should not be
took up my sanctions legislation, and whether to have children—has been controversial. This issue should not be
the Russian disinformation that was stripped from women and given to gov- one that provokes verbal jousts on the
put out was: It is over 90 percent com- ernment officials. But it isn’t only re- floor of the U.S. Senate. Griswold v.
pleted; so there is no way to stop it. productive rights under Roe, because Connecticut—yes, it is Griswold v. Con-
Putin stopped building Nord Stream necticut—has held for decades. It is en-
the U.S. Supreme Court has very care-
2 the day that President Trump signed shrined in case law, reaffirmed by the
fully, deliberately sent signals about
my sanctions legislation into law. Lit- Supreme Court that individuals have a
where it is going in this rollback of
erally, that day they halted construc- right to use contraceptives. But we
rights and liberties. And it isn’t just
tion. A 90-percent complete pipeline is have seen after assurances by three of
Clarence Thomas’s concurring opinion,
zero percent complete. It is a hunk of the members now sitting on the Su-
which now has become infamous for its
metal on the bottom of the ocean. The preme Court that respect for precedent
signals. It is the opinion of the Court
pipeline lay dormant—it was dead—for really is no longer deeply felt—in fact,
itself that clearly shows that this
over a year. may not be felt at all.
He complains that I didn’t hold Don- Court threatens not only abortion
What one nominee, Justice
ald Trump’s nominations? I didn’t need rights, but also contraception rights.
Kavanaugh, referred to as ‘‘precedent
to. The sanctions worked. We had And in addition to mentioning Gris-
on precedent’’ and, therefore, it is well-
stopped the pipeline. wold v. Connecticut, Clarence Thomas
established law, that was Roe v. Wade.
Then Joe Biden became President. He also—or I should say Justice Thomas,
Now it is gone. It was, in Justice
immediately began signaling weakness with all due respect—mentioned Lov-
Alito’s words, ‘‘egregiously wrong.’’
to Russia. He began foreshadowing ing, Lawrence, Obergefell—all of them
But none of those three nominees ex-
what he actually did in May, which is on the chopping block, all those rights pressed any feelings whatsoever that it
to waive the sanctions. on this Supreme Court’s hit list. And might be wrong, let alone egregiously
Joe Biden was sworn into office on perhaps the most deeply rooted of them wrong. So to all my colleagues who say
January 20, 2021. Putin recommenced all in Griswold v. Connecticut is the that the right to contraceptives is un-
building Nord Stream 2 on January 24, right to contraception. necessary, I would simply say, Look at
2021, 4 days after Joe Biden put his Now, let’s be clear. The right to con-
Dobbs.
hands on the Bible. traception wasn’t stated in the Con- When I introduced, along with the
I find it very curious that Democrats, stitution, but the right to privacy is at Presiding Officer, the Women’s Health
No. 1, ignored the pleas from our allies its core. ‘‘Don’t tread on me.’’ The Protection Act in 2013, the idea that
and stood with Russia and Putin to right to be left alone—that is the rea- Roe might be overruled was unthink-
help Putin build a pipeline to generate son that we have the Bill of Rights. able. Our goal was to prevent the grow-
billions for his war machine but at the That is the reason why the Founders ing restrictions on that right that im-
same time are willing to stand up and rebelled against England—undue, un- posed excessive burdens. What was un-
say: We like Russian oil and gas jobs, justified interference in their personal thinkable then is reality now. The
but we don’t like American oil and gas lives. And so the right to privacy is re- Court overruling Griswold might have
jobs. ferred to often as a conundrum; but, been thought unthinkable, but that
We should not be selling oil or nat- actually, it is at the core of the Con- danger is our present reality in the
ural gas to our enemies. This is an ob- stitution. It is so fundamental to the post-Roe world.
vious proposition. It ought to be bipar- mindset and the mantra of those con- So I urge my colleagues to join in ap-
tisan. It was bipartisan until this last- stitutional guarantees from the very proving the Right to Contraception Act
minute objection. founding of our Republic, and the re- today to provide certainty and reassur-
But the fact that we shouldn’t sell to spect for the right of privacy should be ance to women across the United
our enemies doesn’t mean we shouldn’t bipartisan and, indeed, has been bipar- States that they will have those rights.
supply energy to our friends. Our tisan throughout our history. They can be sure of them; they can
friends are desperately asking for it, The simple fact is that the most im- rely on them; they will know that hav-
portant decision any of us make, at
SSpencer on DSK126QN23PROD with SENATE
and sending them to buy from Russia is ing children will be a decision they
spectacularly foolish. least in my view, is whether to become make—not somebody else telling them
I yield the floor. a parent. And it ought to be a deci- when and whether to start a family.
The PRESIDING OFFICER. The sen- sion—not something that just happens. I yield the floor.
ior Senator from Connecticut. It should be a decision that is made de- The PRESIDING OFFICER. The Sen-
UNANIMOUS CONSENT REQUEST—S. 4612 liberately. Every American should ator from Hawaii.
Mr. BLUMENTHAL. Madam Presi- have that right to decide when and Ms. HIRONO. Madam President, as
dent, a group of us will be speaking and whether to have children. And politi- we focus on contraception rights this
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July 27, 2022 CONGRESSIONAL RECORD — SENATE S3725
afternoon, listen to some of the com- thing to hide behind. But if my Repub- He told the Court to fix the mistake
ments made by my Republican male lican colleagues do support the right to it made when it recognized the right of
colleagues: contraception, then they should have Americans to engage in private, con-
They are not going to change the law on no problem with supporting our bill, sensual sexual activity in its 2003 deci-
contraception. which would create a statutory right sion in Lawrence v. Texas.
There is zero threat of contraception being for individuals to access contraception, Then he said the Court got it wrong
taken away. protect the right to healthcare pro- when it recognized the right of Ameri-
Pure hysteria. viders to provide contraception to their cans to use contraception in its 1965 de-
I have no reason to believe these prece- cision in Griswold v. Connecticut.
dents are going to fall.
patients, and empower individuals by
extending a private right of action But it is Justice Thomas who is in
These are some of the statements against any State or government offi- error, who is wrong, who has made a
made by my Republican colleagues—all cial that hinders these rights. mistake. These are all fundamental,
of them male, by the way—have made Today, my Republican colleagues privacy-based rights which the Su-
regarding contraception. ‘‘Pure have a choice. Do they support the preme Court correctly recognized.
hysteria,’’ they say. This is not pure right to contraception and an individ- They should all remain the law of the
hysteria to the millions of women ual’s right to make decisions about our land.
across the country who woke up one bodies and our healthcare? Or will they Today, I want to talk about the right
morning in June and no longer had a allow the government to tell millions to contraception that this extremist
constitutional right. and millions of women what to do? and out-of-touch Supreme Court and
When it comes to this far-right, agen- I yield the floor. legislators in red States are taking aim
da-driven Supreme Court, nothing is The PRESIDING OFFICER. The jun- at.
off the table and nothing is ‘‘pure ior Senator from Massachusetts. The Supreme Court has recognized
hysteria.’’ Mr. MARKEY. Madam President, an the constitutional right to contracep-
Last month, the far-right majority of illegitimate, stolen, and radicalized tion for more than half a century, since
the Supreme Court overturned nearly U.S. Supreme Court is putting the fun- its decision in the Griswold case in
50 years of precedent and took away damental rights of Americans in jeop- 1965. Over time, the Court has affirmed
the constitutional right to get an abor- ardy. Last month, the extremist Court and expanded that right: in its 1972 de-
tion. This decision was the result of a took away the right to abortion, a cision, a Massachusetts case,
decades-long effort by far-right Repub- right on which millions of Americans Eisenstadt v. Baird, recognizing the
licans and rightwing groups to pack right of all people to access contracep-
have relied for almost 50 years, under-
the courts with politicians in Roe. tives regardless of marital status; and
mining their health, their safety, their
And they are just getting started. in its 1977 decision in Carey v. Popu-
freedom.
For this MAGA majority, controlling The rightwing majority that over- lation Services International, which
women’s bodies doesn’t stop at forcing held that a State could not constitu-
turned Roe v. Wade owns its control of
women to give birth. They actually tionally prohibit the distribution of
the High Court to then-Leader MCCON-
want to ban contraception. We know contraceptives to minors.
NELL’s and Donald Trump’s and Senate
this because, in this concurring opinion The right to contraception is there-
Republicans’ theft of two seats on the fore a fundamental right that the
to overturn Roe, Justice Thomas wrote Supreme Court. The Justices used their
that the Supreme Court should recon- Court has repeatedly recognized and re-
ill-gotten power to cast aside decades affirmed. It is a right that is central to
sider—reconsider—the rulings that pro- of precedent—precedent, which during
tect same-sex relationships, marriage a person’s health, to their well-being,
their confirmation hearings they prom- to their life, liberty, equality, and eco-
equality, and, yes, contraception. ised to honor, respect, and follow.
This kind of signaling by a Justice of nomic and social freedom in our coun-
If anyone thinks this newly empow- try. It is a right grounded in the need
a Supreme Court should be taken seri- ered Court’s decision to strip Ameri-
ously. and ability to make decisions about
cans of a longstanding constitutional one’s own body, one’s own family, and
So my Republican colleagues saying right won’t be shamelessly repeated, one’s own future. It is a right that is
they have no reason to believe prece- they are wrong. What the Supreme woven into the fabric of a free, plural-
dent will be overturned is resorting to Court just did with Roe is a preview of istic, and modern society. And it is a
magical thinking that no one should coming atrocities from this Supreme right that we must codify and make
believe. After all, the Supreme Court Court. part of our law so that far-right, ex-
just overturned a nearly 50-year prece- Justice Clarence Thomas wrote a tremist judges and elected officials
dent that women in this country relied concurring opinion in Dobbs v. Jackson cannot take it away in order to ad-
on for nearly half a century—half a Women’s Health Organization, the de- vance their own blatantly political
century. That is two generations. In cision overturning Roe v. Wade. And agendas.
fact, radical MAGA Republicans in that concurrence is like a movie trailer That is why I have proudly intro-
State legislatures across the country for an upcoming horror film that duced the Right to Contraception Act
are gearing up in Ohio. Americans are forced to watch written, with my colleagues Senators MAZIE
House Republicans introduced a bill produced, and directed by a captured il- HIRONO and TAMMY DUCKWORTH, with
that would effectively ban all abortions legitimate Supreme Court. In his opin- Senator BLUMENTHAL and Chair PATTY
from the moment of conception and, ion, Justice Thomas made clear that he MURRAY of the Committee on Health,
potentially, other forms of birth con- believes Americans have too many pri- Education, Labor, and Pensions, and
trol, like IUDs. vacy rights under the U.S. Constitu- have been joined by more than half of
Other Republicans have refused to tion, that the Supreme Court had erred the Democratic Senate caucus.
rule out banning certain forms of con- in recognizing those rights, and that The Right to Contraception Act
traception. We are living in a post-Roe the Court should take them away as would codify the Supreme Court’s deci-
world where our rights are on the chop- well—just as it did with the right to sion in Griswold, recognizing the right
ping block. So, no, this is not ‘‘pure abortion. to obtain and use contraception. The
hysteria.’’ The American public knows This bears repeating. Right to Contraception Act would en-
this. Democrats know this. A sitting Justice on the Supreme shrine that right in Federal law, and it
So I say to my Republican col- Court of the United States is arguing would guarantee a healthcare pro-
leagues, if any of you object to this that Americans have too many rights.
SSpencer on DSK126QN23PROD with SENATE
vider’s right to prescribe contraceptive
bill, come down to the Senate floor and What mistakes was Justice Thomas products and services and information
tell the American people the truth. talking about? related to them.
Just be honest that you do not support Well, Justice Thomas urged the The bill would also protect a range of
guaranteeing the right to contracep- Court to correct the error the Court contraceptives that are legally mar-
tion because, in this post-Roe world, committed when it recognized this keted under the Federal Food, Drug,
any suggestion that this Court won’t right to same-sex marriage in its 2015 and Cosmetic Act. The Right to Con-
overturn precedent is no longer some- decision in Obergefell v. Hodges. traception Act would authorize the
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S3726 CONGRESSIONAL RECORD — SENATE July 27, 2022
U.S. Attorney General, as well as indi- wise, the Republican position will be Act, incentivizes manufacturers of con-
viduals and healthcare providers clear to everyone: no abortion but no traceptives to file an application for
harmed by unlawful restrictions, to go birth control to prevent the need for over-the-counter access. It also allows
to court to enforce the rights the bill one. priority review for these applications
establishes. That is where the Republican Party and waives the FDA filing fee. That
In short, the Right to Contraception is today. I urge my Republican col- means cheaper, quicker, and more
Act would safeguard the rights estab- leagues not to object to our unanimous available access for women across this
lished by more than 50 years of Su- consent request. Nation.
preme Court precedent and would pro- Madam President, I ask unanimous With my bill, women 18 and over can
tect access to contraception even if consent that the Committee on the Ju- walk into their local pharmacies,
Griswold were overturned. diciary be discharged from further con- whether they be in Sidney, IA, or in
The concerns that have led to the in- sideration of S. 4612 and that the Sen- the deepest parts of Manhattan, and
troduction of this bill are not merely ate proceed to its immediate consider- get the routine-use birth control they
hypothetical. Justice Thomas’s concur- ation; further, that the bill be consid- need.
ring opinion was a call to action that ered read a third time and passed; and When your doctor is 30 miles away
some Republicans and red States are that the motion to reconsider be con- and gas is $6 a gallon, you don’t need a
eagerly heeding by continuing to at- sidered made and laid upon the table. messaging bill; you need access.
tack and restrict the right to contra- The PRESIDING OFFICER. Is there Therefore, I object.
ception. objection? The PRESIDING OFFICER. Objec-
Several States have already gone The junior Senator from Iowa. tion is heard.
after access to contraception by cut- Ms. ERNST. Madam President, re- UNANIMOUS CONSENT REQUEST—S. 4638
ting off the public funding for it, by serving the right to object, here we are
Ms. ERNST. Madam President, I ask
seeking to define abortion broadly again—another day, another sympa-
unanimous consent that the Senate
enough to include contraception, and thetically titled bill offered by my
proceed to the immediate consider-
Democratic colleagues wherein the
by allowing healthcare providers to ation of S. 4638, which is at the desk;
talking points don’t really give you the
refuse to provide services related to further, that the bill be considered read
full story—case in point, the Right to
contraception based on their own per- a third time and passed; and that the
Contraception Act.
sonal beliefs. The so-called Right to Contraception motion to reconsider be considered
And the harms that would flow from made and laid upon the table.
Act purposefully goes far beyond the
abolishing the right to contraception The PRESIDING OFFICER. Is there
scope of contraception. It includes pro-
aren’t merely theoretical. Attacks on objection?
visions that could guarantee the fund-
healthcare, especially reproductive ing of abortion providers and that de- The junior Senator from Massachu-
healthcare, fall hardest on historically fines ‘‘contraceptive’’ in such a broad setts.
marginalized communities, including way that it could include drugs to in- Mr. MARKEY. Madam President, re-
Black, indigenous, and other people of duce an abortion weeks or months into serving the right to object, I thank the
color, LGBTQ people, people with dis- a pregnancy. This definition also could Senator from Iowa, but her bill would
abilities, people with low incomes, include non-FDA-approved drugs that not ensure access to birth control, and
those living in rural and underserved would actually put a woman’s health it fails to codify the constitutional
areas, and immigrants. at risk. right to birth control across the United
Last week, we all on our side proudly The bill also flies in the face of dec- States.
watched the House pass its version of ades of work in providing for con- In fact, her bill would actually re-
the Right to Contraception Act by a science protections. It would require strict access to birth control for indi-
vote of 220 to 195, though it is dis- organizations to administer contracep- viduals under the age of 18—requiring a
maying that only 8 House Repub- tives despite their moral or religious prescription even if the Food and Drug
licans—only 8—voted to codify that beliefs. Administration has approved an over-
right. There is something insidious with the-counter option. And we cannot lose
With the right to abortion stolen, the this bill, but don’t take it from me. sight of the fact that this bill does
right to contraception threatened, and Look to the bill’s text itself. The ‘‘find- nothing to address the reality that, for
the need to protect and expand access ings’’ section of this bill notes the many women, true access means being
to contraceptive methods and informa- work of an organization that many of able to afford birth control as well.
tion on contraception, it makes it my colleagues will recognize: The Last month, I cosponsored a bill that
more imperative than ever that we United Nations Population Fund. This would guarantee that insurers fully
pass this legislation. We can’t wait for is the same organization that contrib- cover over-the-counter birth control
the next hammer to drop. We have an uted over $10 million to a mass steri- without any out-of-pocket costs. No
urgent obligation to take the first exit lization campaign in Peru in the nine- one should have to jump through ridic-
off this slippery slope that leads to the ties. ulous hoops or pay extra just to get the
loss of our most personal freedoms— That campaign was rife with coercive birth control they need, not to mention
chief amongst them: the right of all practices: Quotas were set; cash bo- that this bill would do nothing to pre-
Americans to make their own decisions nuses were paid to health workers for vent States from restricting or even
about their bodies, their families, and each client sterilized; and poor women banning access to birth control.
their own futures. were bribed with nutritional supple- The reality that Republicans refuse
We can’t sit idly by and watch as dec- ments and clothes for their children. to acknowledge is that an over-the-
ades of precedent, privacy rights, and Then let’s not forget the former Pop- counter option doesn’t help patients if
progress are violated. We can’t wait for ulation Fund executive director’s high their States are chipping away at their
the worst to come—because it is al- praise of China’s one-child policy. right to birth control.
ready at our doorstep. But let’s be clear here. Routine-use So, with the Senator from Iowa’s ob-
To my anti-choice Republican col- contraceptives should be more easily jection to my unanimous consent re-
leagues, if you would deprive Ameri- available, and the fact that they aren’t quest and with her counter unanimous
cans of the choice to end a pregnancy, has the biggest impact on women in consent request, the Republicans have
how can you also deprive them of the rural areas, where a doctor could be made their position crystal clear: no
ability to prevent a pregnancy in the abortion but no birth control to pre-
SSpencer on DSK126QN23PROD with SENATE
dozens of miles away. A woman in a
first place? rural area doesn’t need a platitude- vent the need for one.
Unless your ultimate aim is, really, filled messaging bill like the one we Republicans have just shown the
to exert control over the bodies of oth- have here. She needs over-the-counter American people where they stand on
ers, especially the bodies of women, access to routine-use birth control. their right to contraception. While Re-
then I expect to hear no objection to Luckily, Republicans have a solution. publicans won’t protect our funda-
the unanimous consent request to pass My bill, the Allowing Greater Access mental rights as the Supreme Court
the Right to Contraception Act. Other- to Safe and Effective Contraception and rightwing State legislatures take
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July 27, 2022 CONGRESSIONAL RECORD — SENATE S3727
them away, my Democratic colleagues their birth control or Plan B. Yes, this I yield the floor.
and I will continue our efforts to keep is already happening to people. Just The PRESIDING OFFICER. The jun-
in place the fundamental, privacy- last week, 195 House Republicans voted ior Senator from Colorado.
based rights that Americans have had against the Right to Contraception Mr. HICKENLOOPER. Madam Presi-
for decades and codify into Federal law Act, and now today, they have blocked dent, in 1963, Americans could be ar-
the right to contraception. it in the Senate as well. rested in some States simply for buy-
As a result and for those reasons, I The evidence of where Republicans ing birth control pills. Sixty years
object. actually stand on birth control is over- later, if many States have their way,
The PRESIDING OFFICER. Objec- whelming. They aren’t standing for Americans may face that reality once
tion is heard. women. They aren’t standing for fami- again.
The PRESIDING OFFICER. The sen- lies. They aren’t standing for a right The Supreme Court’s overturning of
ior Senator from Washington. nearly all Americans support. They are Roe v. Wade is so sweeping, so unprece-
Mrs. MURRAY. Madam President, it simply standing in the way. dented that it now threatens the right
has been nearly 60 years since the Su- I want to thank the junior Senator to contraception. IUDs, emergency
preme Court decided Griswold v. Con- from Massachusetts, the junior Sen- contraceptives, and other birth control
necticut and affirmed Americans’ right ator from Illinois, and the junior Sen- could well all be banned, which seems
to privacy and, with it, their right to ator from Hawaii for their work with hard to imagine. We are going back-
contraception. So you would think this me on the Right to Contraception Act ward in time to when women did not
would be a settled issue, and for the that Republicans just blocked. I know have control of their own bodies, nor
vast majority of Americans, it is. The we are going to all keep working on the freedom to decide how and when
right to birth control is overwhelm- this. they wanted to begin their families.
ingly popular. It turns out that people I do want to set the record straight Who really believes that a woman
want to be able to control their own because so many of the arguments we shouldn’t be able to use birth control;
bodies and make their own decisions have seen from Republicans don’t add that a woman shouldn’t be able to de-
about starting a family. up. They are trying to distract from cide whether or not she wants to get
Yet, as we just saw, somehow, in the their extreme position. We won’t let pregnant; that a couple can’t decide
year 2022, this is not a settled issue for them. they aren’t ready for a family? How
Republican politicians. We have seen This bill is incredibly straight- many children should each woman
some of my Republican colleagues not forward, so you simply cannot say you have? Should it be as many as possible?
only block this but try to deny reality, support the right to birth control and Are they allowed to stop reproducing
try to say this isn’t an issue or claim then block this bill. I hope everyone or is it a lifelong duty? Politicians
that Democrats are somehow wasting will listen closely because here is what should not be making these decisions.
time. this bill actually does. It simply codi- This is a bill that guarantees a wom-
Well, that is pretty rich because I fies Americans’ right to birth control an’s right to access legal contracep-
can’t help but remember how we all into law. That is it. You don’t have to tion. That is it. There is no trick, no
heard some Republicans saying the Su- take my word for it; read it yourself— sleight of hand. We can pass it into law
preme Court would not overturn Roe as it is all of 15 pages. It protects a right today. The House has passed it already.
well, how they tried to claim Demo- people depend on and makes sure no Starting a family is among the most
crats were ‘‘overreacting’’ even as they one can take that away. We are talking private and personal decisions a person
stacked our courts with anti-abortion about a really basic and really funda- can make. It changes your life in ways
judges and worked for decades to chip mental right here. that most of us can’t even imagine. Yet
away at abortion rights. Since that right was affirmed half a there are people who want to force this
Now we are seeing the nightmare we century ago, generations of Americans restriction on women.
warned about become reality: women have used contraception to control For women everywhere but especially
unable to control their own bodies and their own future, to manage and treat in rural and low-income areas, birth
get the abortion care they need—a their healthcare needs, and start a control is essential healthcare. If you
nightmare Republicans tried to deny family when they are ready to. For want to prevent unintended preg-
and are still trying to deny even as it them, it is not political, and it nancies, well, that is where you start.
happens, even as 10-year-olds are hav- shouldn’t be political here in Congress When I was Governor, Colorado made
ing to travel across State lines for an either, especially when protecting this long-acting, reversible contraception,
abortion after being raped, even as right is supported by a majority of like IUDs, available at little or no cost.
women are now being left bleeding for Democrats, a majority of Independents, That reduced unintended pregnancies
days, waiting for treatment for their and, yes, even a clear majority of Re- by 54 percent—54 percent. Yet, now in
miscarriage. publicans. Colorado, some Republicans are cam-
So when Republicans say they sup- The American people are watching paigning to put an initiative on the
port the right to birth control, my closely. They were watching previously ballot this November that could make
issue isn’t simply that I am skeptical; when Senate Republicans blocked us contraceptives illegal. Many other
it is that I know better. Let’s be clear. from protecting the right to travel States are considering similar moves
When I say that I know better, I don’t across States to get abortion care. with bills or amendments waiting in
just mean in my gut; I mean I have They were watching last week when the wings.
heard Republicans’ own words. I am Senate Republicans blocked expanding I think this is far, far beyond the
watching their own actions. support for our Nation’s longstanding mainstream of what most Americans
Justice Thomas said explicitly in his Family Planning Program. They were believe. In fact, 92 percent of Ameri-
concurring opinion in Dobbs that he watching when the vast majority of cans, in a recent Gallup poll, said that
wants the Court to reconsider Gris- Republicans in the House voted against contraception is morally acceptable.
wold, which affirmed the right to con- the right to birth control. And they are My mother was born in 1921, a child
traception. The senior Senator from watching right now as Republicans of the Great Depression. She scrimped
Tennessee said the Griswold decision block a bill that preserves the right to and saved every penny, but she always,
was unsound. That alone would be use condoms, take the pill, get IUDs, always made it a point to make some
scary enough, but Republicans aren’t and buy Plan B, as Republicans refuse donation to Planned Parenthood. Some
just talking about undermining access to let us protect that right and pass years, it might only be $10. But she be-
SSpencer on DSK126QN23PROD with SENATE
to birth control, they are already tak- this bill and continue denying the lieved there were few burdens harder
ing action. Read the legislation from threats that are already undermining for a woman to bear than being com-
Republicans in Idaho, Missouri, Lou- that right. This is a basic, fundamental pelled to start a family before she was
isiana, Arkansas, and Michigan, which right. ready. As a mother of four, she knew
would, in fact, outlaw Plan B and IUDs. Mark my words, the American people how important it was for women to be
Talk to women who have already gone will not forget Republicans blocking us able to make that decision for them-
to the pharmacy, only to be denied from getting this done. selves.
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S3728 CONGRESSIONAL RECORD — SENATE July 27, 2022
Who are we, as politicians, to tell The Supreme Court has recognized The PRESIDING OFFICER (Mr.
American women who has children, the right to access contraception for HICKENLOOPER). The Senator from
how many, and when? more than 57 years, but the conserv- Texas.
I yield the floor. ative Justices on the Supreme Court Mr. CORNYN. Mr. President, I ask
The PRESIDING OFFICER. The sen- have shown they won’t hesitate to unanimous consent that the following
ior Senator from Minnesota. overturn decades-old precedent no mat- Senators be permitted to speak prior to
Ms. KLOBUCHAR. Madam President, ter what they say at their Supreme the scheduled rollcall vote: myself for
I rise in support of the Right to Con- Court hearings. up to 15 minutes, Senator BLACKBURN
traception Act. This threat is not hypothetical. Last for up to 10 minutes, and Senator
Thirty-three days ago, the Supreme year, the Missouri State Legislature TESTER for up to 5 minutes.
Court issued a rule shredding nearly tried to cut off public funding for wide- The PRESIDING OFFICER. Without
five decades of precedent protecting a ly used contraceptives, like IUDs and objection, it is so ordered.
woman’s right to make her own Plan B. Mississippi’s Governor has re- Mr. CORNYN. Mr. President, coming
healthcare decisions. Now women, as fused to rule out banning contracep- to the floor and listening to some of
we have seen over the last weeks, are tion. A bill was introduced in Lou- my colleagues talk about their concern
at the mercy—are at the mercy—of a isiana this spring that could be used to for lack of access to contraception—
patchwork of State laws governing make IUDs illegal. and some have said we need to pass a
their ability to access reproductive These radical proposals don’t just bill codifying same-sex marriage when
care, leaving them with fewer rights hurt those in the States that imple- that is currently the law of the land by
than their moms and their grandmas. ment the bans. Since the Dobbs deci- virtue of a Supreme Court decision, the
So now a woman in Minnesota has dif- sion, we have now seen how State bans Obergefell case—reminds me of the old
ferent rights when it comes to her re- create an uncertain legal environment story about the little boy who cried
productive care than a woman in Mis- for doctors and strain resources at clin- wolf. He cried wolf when there wasn’t
souri, and a woman in North Dakota ics in States like Minnesota because any danger; and then, once there was
has different rights than a woman in the North Dakota clinic had to lit- danger, people didn’t come to his aid
Indiana. That is what we are dealing erally start a GoFundMe page to be because they thought it was another
with right now. able to get the costs paid for—the phony crying wolf.
Two weeks ago, I joined several of costs, of course, of moving the clinic I can understand our colleagues—
my Democratic colleagues on the floor from Fargo, ND, to Moorehead. That is given inflation, given crime, given the
to push for legislation to preserve a what is happening right now in my broken borders—wanting to change the
woman’s right to travel to other States State. subject to something else, but that is
to access reproductive care, led by Sen- We cannot settle for a situation, as I all this is. This is mere posturing pre-
ator CORTEZ MASTO. Unfortunately, Re- noted, where people in my State have November, pre-midterm elections. This
publicans on the other side of the aisle different rights than women in Mis- isn’t about changing the law because
blocked us from that vote. sissippi or Missouri. And with so many the law already permits ready access to
So we came back last week to push extreme politicians out there racing to contraceptives. The law already per-
for legislation, led by my colleague State capitals to be the first to take mits same-sex marriage.
Senator TINA SMITH, to protect and ex- people’s rights away, we need to explic- So this idea that we ought to spend
pand funding for a program created itly protect the right to access contra- scarce time here in the Congress, which
under a Republican administration, a ception and information about contra- we have in limited supply, reaffirming
Republican Presidential administra- ception. rights that already exist, is a clear po-
tion, to fund clinics that support ma- I will note that more than 80 percent litical narrative designed to divert the
ternal care, conduct cancer screenings, of Americans support access to contra- American people’s attention from
and provide contraception, but, again, ception. That is why I joined with Sen- things that really are at risk—that is,
that vote failed because we were not al- ators MARKEY, HIRONO, MURRAY, and the paychecks of every American fam-
lowed to move forward with it. DUCKWORTH in cosponsoring this bill to ily because of inflation, because of
So we came back to the floor today protect the right to access contracep- failed energy policies.
because if the Supreme Court won’t tion and information about contracep- We know that the price of gasoline
protect people’s fundamental rights— tives. This bill safeguards a patient’s and diesel and fuel to fill up your car
that is why we have three branches of ability to seek contraceptives and a so you can go to work or take your
government. That was the concept of healthcare provider’s ability to provide child to school or summer camp has in-
our Founding Fathers. So if the Su- those critical services. creased. We know that our cities are on
preme Court isn’t going to protect peo- The right to contraception can’t just fire due to spiking crime waves con-
ple’s fundamental rights, then every- be an empty promise. That is why the nected to drugs that are coming across
one in this Chamber has to decide bill gives the Department of Justice, as the southern border. And, of course, we
whether or not they are going to do it, well as patients and doctors, the power know that the southern border is com-
and that includes making sure every- to make sure that we don’t infringe on pletely open with a big red carpet and
one can access contraception. the right to contraception. a welcome mat out for anybody who
I am concerned that the worse is yet I am proud to join my colleagues, and wants to come to the United States il-
to come. Right now, State and local for the last 33 days I have been think- legally.
legislators are literally racing, along ing about all the women in this coun- And the cartels that are rich and get-
with Governors, to be the first to say: try facing an unacceptably uncertain ting richer because of the flow of their
Which State can limit rights the most future. Today, each and every one of human traffic are also getting rich be-
first? Which rights can we take away? my colleagues had the opportunity to cause of the flow of illegal drugs that
Sadly, it is not too hard to guess. make clear where they stand, but, took the lives of 108,000 Americans last
In his concurring opinion in Dobbs, when given the opportunity, some year alone.
Justice Thomas actually laid out a seized the opportunity to protect the We know where those drugs are com-
roadmap with clear directions for how right to contraception, some did not. ing from and that the Biden adminis-
the Court could overturn the right to I hope that some of our colleagues tration is doing absolutely nothing to
contraception. He said that the Su- will change their minds and we can stop them. I would want to change the
preme Court ‘‘should reconsider’’— move forward with this and put in topic too.
SSpencer on DSK126QN23PROD with SENATE
‘‘should reconsider,’’ those two words— place these laws protecting the right to CHIPS ACT OF 2022
whether the Constitution protects the travel; protecting the right to contra- Mr. President, on a more positive
right to access contraception, as well ception; and, of course, in the end, pro- note, the Senate approved funding ear-
as the right to marry whomever you tecting a woman’s fundamental right lier this morning to bolster domestic
love. Why? Because he talked about to make her own reproductive deci- semiconductor manufacturing by a
looking at other cases with regard to sions about abortion. vote of 64 to 33. This funding will help
the right to privacy. I yield the floor. kick-start the development of these
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July 27, 2022 CONGRESSIONAL RECORD — SENATE S3729
microprocessors, these chips that go I want to thank Mr. WARNER, the sen- tried to pass another partisan bill at
into everything from your cell phone ior Senator from Virginia, for launch- the end of the year which would have
to the F–35, to Javelin and Stinger mis- ing this effort with me 2 years ago. We cost the American people nearly $5 tril-
siles that we send to Ukraine to defend introduced the CHIPS for America Act lion. But, thankfully, that entire effort
their country from Russian aggression. in June of 2020, which demonstrates failed.
This funding will help kick-start a do- how long it takes to get important leg- Now, some of our colleagues are com-
mestic production of these semiconduc- islation passed here in the U.S. Con- mitted—this is their last chance before
tors in a way that will prevent a vul- gress. Since the time we introduced it, the August recess—to take advantage
nerability of our supply chain, since 90 I have worked with our colleagues on of the rules of the Senate and to go on
percent of those advanced semiconduc- both sides of the aisle to secure the a partisan spending bonanza, and cer-
tors currently come from Asia, with 60 necessary funding so we could deliver tainly they don’t want to miss this op-
percent coming from Taiwan alone. the benefits for our country. portunity.
One other benefit to this bill is that Countless colleagues have been part We are hearing that our colleagues
this bill could create roughly 185,000 of the process over these last few are frantically piecing together a bill
jobs every year as these new facilities weeks, particularly Senator YOUNG, that has not yet even been written and
are constructed. Long term, it could Senator PORTMAN, Senator WICKER, completed and passed the so-called
bring another 280,000 jobs online. And Senator SINEMA, and countless others; Byrd bath test with the Senate Parlia-
once these foundries are operational, and Senator CANTWELL and certainly mentarian. So we are waiting to see
they will supply ‘‘Made in America’’ Senator SCHUMER as well and numerous whether they can meet the time dead-
semiconductors that can be used on ev- others have led the charge on this leg- line of the end of next week or not.
erything from smartphones to cars, to islation. Their hard work and their As I said, the bill is still reportedly
airplanes, to missile defense systems. willingness to work cooperatively to- being written, so we don’t even have a
Semiconductors are the cornerstone gether and to find common ground is good picture of everything that is in it.
of this legislation, but the bill also the reason for our success. But we do have an understanding of the
takes a range of other steps to help This has been a long, winding road general framework, and it is not look-
propel innovation in the competition with a lot of twists and turns along the ing good for the American people. For
we are currently in with the People’s way, but the end is finally in sight. example, our colleagues have said their
Republic of China. This bill authorizes Speaker PELOSI has promised to bring proposal will implement government
investments in research that will sup- this legislation up for a vote in the price controls on lifesaving drugs, a
port everything from robotics to next- House, and I hope our colleagues across move that will stifle innovation and
generation wireless technology. the Capitol do not dally and get this end up with scarcity. That is what
It also authorizes NASA programs bill voted out of the House and to the price controls always do.
Then we have heard that they plan to
that will keep America at the forefront President’s desk.
expand and extend the ObamaCare tax
of space exploration. It extends the au- Chip manufacturers are watching
subsidies. This all started with a par-
thorization for the International Space Congress and waiting to see if this bill
tisan spending bill that became law
Station to 2030. This is very important, passes before they decide where to
last year. It expanded the amount of
especially now that Russia has said it build new fab manufacturing facilities.
taxpayer assistance people receive,
will end its commitment to the Inter- And we have been told that, unless this
which, in short, gave more money to
national Space Station after 2024. bill passes, these hoped-for manufac-
more people, including lifting the cap
This bill also lays the groundwork turing jobs and these semiconductor
on individuals who could receive those
for America’s continued presence in manufacturing fabs will not be built subsidies above $400,000.
space after 2030, including language I here in America but will be built in Eu- Of course, at the time, the camel’s
championed requiring NASA to develop rope and other places around the world. nose under the tent was that it was de-
a strategy to retire the International Secretary Raimondo, the Secretary signed as a temporary provision. But
Space Station and transition to a suc- of Commerce, has assured our col- here we are a year and a half later, and
cessor platform. It also enhances exist- leagues that the United States will they are already trying to extend it,
ing programs that support future ex- miss out on big benefits in terms of indicating that there was nothing tem-
ploration missions. This includes the jobs, national security, and our econ- porary intended by it.
Moon to Mars Program, which is lead- omy if Congress doesn’t pass this bill They claim it is not a permanent ex-
ing efforts to get an American astro- by the start of the August recess. tension and that it will only last 2 or 3
naut on the surface of Mars. Once this bipartisan legislation years, but I have no reason to believe
Texas is the proud home to the John- passes the Senate, our Democratic col- that Democrats will give up on extend-
son Space Center, the home of human leagues are reportedly planning a dra- ing those provisions when they expire.
space flight, but also a range of other matic pivot from bipartisanship to an In the words of Ronald Reagan, the
universities and companies leading the ultrapartisan reconciliation process. closest thing to eternal life on Earth is
way in human space exploration. Ena- Apparently, they are willing to work a government program. Once created,
bling these partnerships saves money, together when it is convenient, but they will not die, even if they are no
drives innovation, and gives us a com- they are also willing to abandon the longer necessary. And of course, a per-
petitive edge over countries like Rus- notion of working together and are pre- manent extension will cost the Amer-
sia and China. paring to go on another reckless, par- ican people a lot of money.
The broader bill included in the tisan spending spree. Last week, the Congressional Budget
CHIPS Act will support both our eco- This isn’t the first time. At the start Office and the Joint Committee on
nomic and our national security and of last year, Democrats spent nearly $2 Taxation released a report of the true
strengthen our efforts to lead the world trillion in unnecessary spending on a cost of a permanent expansion, and it
in scientific innovation. The way we party-line basis. People wonder why we is pretty shocking for a number of rea-
are going to compete with China and to have 9 percent inflation. Part of it is sons. First is the financial cost. By ex-
beat them is to out-innovate them be- our Democratic colleagues are willing panding the ObamaCare premium tax
cause no country in the world has bet- to shovel money out the door and chase credits and making them permanent,
ter human capital, better brains, and a limited goods with supply chain prob- Democrats will add $248 billion to the
better system to encourage innovation, lems, which means that prices get driv- Federal deficit over the next decade.
which will keep us ahead of the Peo- en higher and higher—as well as, as I
SSpencer on DSK126QN23PROD with SENATE
Mr. President, my age and your age—
ple’s Republic of China. mentioned, flawed energy policies that we are not going to be the ones who
They don’t play by the rules. They look for the Kingdom of Saudi Arabia have to pay that money back. But
certainly don’t observe the rule of law. to increase production rather than to these young people sitting down here
They steal all the technology they can produce more American oil and gas are going to have to pay the price for
get. But it is important for the United here at home. the profligate spending today, and all
States to be in the game and not be left Well, our Democratic colleagues suc- Americans will pay the price by adding
behind. ceeded in that $2 trillion bill, and they fuel to the fire of inflation.
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S3730 CONGRESSIONAL RECORD — SENATE July 27, 2022
For whatever reason—reasons I real- This is a bad idea whose time I hope chains—we need to bring them back.
ly can’t fathom—the Federal debt and has not come, and I hope our friends on Indeed, that is something that is im-
the national debt are of no concern to the other side of the aisle will simply portant to do. Chips are an important
our Democratic colleagues. They sim- give up on this massive, partisan tax- part of that. Our laptops, our elec-
ply don’t seem to care. They act as and-spending spree bill that will do no tronics, our automobiles all need chips,
though we are playing with Monopoly good and will do a lot of harm. and there was a shortage. People began
money, that we can print and borrow The PRESIDING OFFICER. The Sen- to realize that our military aircraft,
like there is no tomorrow because none ator from Tennessee. our radar systems, our major defense
of this really matters. But we know Mrs. BLACKBURN. Mr. President, systems all needed the chips. But, like-
that is not true. Every dollar we spend my colleague from Texas was just talk- wise, we needed active pharmaceutical
is paid for by taxpayers, and every ing about how taxes go up and spending ingredients. We needed our tele-
ounce of debt we accrue will be carried seems to increase. This week, we have communications supply chains. We
and repaid by our children and our had before us a bill that was going to needed polysilicon. We needed ag
grandchildren. But none of this seems be about 30 billion and then 52 billion chemicals. All of these are critical sup-
to matter to our friends across the and then 72 billion. Now it comes out, ply chains.
aisle. They are still plowing ahead with and it is almost $300 billion. Personally, I was optimistic about
this legislation. This is a piece of legislation that has the possibility that we were finally
Unfortunately, the irresponsible had a variety of different names, and I going to begin to unravel this relation-
spending isn’t even the worst part. Our have found it so interesting that it has ship we have had with the Chinese
colleagues claim this extension will had so many different names. Let’s see. Communist Party. I see it as a dan-
allow more Americans to afford It has been called CHIPS, CHIPS+, gerous relationship. But, like many
healthcare, but the Congressional CHIPS and Science, USICA, Endless pieces of well-intentioned legislation,
Budget Office and the Joint Committee Frontier, and ‘‘China COMPETES.’’ it became a victim of some of the same
on Taxation told us that under this You know, it seems as if there was a compulsion to squeeze money from the
plan, some 2.3 million Americans will name that was given whenever there American taxpayer and put it into a
lose their current coverage provided by was an occasion that you thought you very narrow silo.
their employer. Some 2.3 million Amer- could rename something and make it So after more than 2 years of work-
icans will lose their coverage provided fit, and I know DC is just famous for ing on these issues and multiple failed
currently by their employer. Hard- having these bills with the acronyms iterations, what we have is a bill that
working Americans whose health in- and the fancy-sounding names. But spends about $300 billion and is a gate-
surance is currently covered by their when I talk to Tennesseans, it is so ap- way to industrial planning. I know that
parent they are tired of that. What many of my colleagues have read some
employers would be told: You are on
they want are the facts. They want of the postmortems on this, and people
your own now. And no matter what you
someone who is going to tell them the realize this wasn’t about chips. It
negotiated when you negotiated your
truth. What they know is that China is wasn’t 72 billion. There was authoriza-
salary with your employer, presumably
an adversary; they are not a compet- tion language in there that was going
if you are a union member and subject
itor. They know that we have to work to balloon this.
to a collective bargaining agreement There was beefing up of the National
where your union negotiated a gen- diligently to stay competitive with
Science Foundation, and we have Na-
erous healthcare plan, all of that will China and not let them get the upper
tional Labs that do a lot of that work.
be in jeopardy by this reckless expan- hand. But when we talk about these
There were protections for U.S. manu-
sion of the ObamaCare subsidies. issues, sometimes we lose sight of that
facturing, some anti-China provisions,
Our Democrat friends want to con- big picture. I do feel that as we talked
security provisions, that, guess what,
tinue subsidizing healthcare for six-fig- about the CHIPS bill and semicon-
poof in the night, a line drawn through
ure earners. People earning 750 percent ductor supply chains, this is something
them. They are out.
of the Federal poverty level would be we lost sight of. Wasn’t that to be the purpose of this
eligible for taxpayer-funded subsidies— You know, there are some of us who
legislation? Of course it was. Let’s
750 percent of the poverty level, you have worked on the issues of dealing bring the manufacturing back to the
would get cash from Uncle Sam. Our with China going back into the early United States. And that is what we
country would be essentially paying years of this century, looking at IP should have done. We should have
wealthy people to lose their current theft, looking at reverse engineering, looked at ways that we could bring
employer-provided healthcare so they looking at the way the Chinese Com- manufacturing back across the range
can end up on the government subsidy. munist Party would dip in and grab up of critical supply chains.
This is simply crazy policy: driving great ideas from American innovators We all know that China’s control
up the deficit, kicking people off of and then off to the races they would over our active pharmaceutical ingre-
their employer-provided health plans, go. We have a lot of companies that dients and other pharmaceutical prod-
and forcing taxpayers to subsidize learned a lot of tough lessons trying to ucts—that is a problem. Control over
health insurance for the rich. This isn’t manufacture in China. And then we our telecom equipment—yes, that is a
about helping the uninsured; it is a come up near the pandemic. problem. Huawei equipment that we
backdoor way to implement Medicare When I was over in the House and be- are having to rip out and replace in
for All. Yes, Joe Biden may be Presi- fore that period of time, we had an this country; telecom equipment that
dent, but it is the BERNIE SANDERS issue and realized that our active phar- is part of our critical supply chain;
agenda at work here. maceutical manufacturing was where? control over our supplies of minerals
Of course, Democrats couldn’t get In China. We couldn’t get penicillin. and chemicals—for the Chinese Com-
enough support for this radical plan, so Why was that? It was because there munist Party to control that, that is a
they are trying to jam it through on was one factory in China that made problem.
party-line votes. Instead of attempting that, and the factory had an explosion. So many who worked on this have
to pass a massive, unpopular bill all at So we had a shortage on that. Then we spent 2 years looking at and working
once, they are trying to serve it to the had an issue with Heparin, and we had on supply chains and competition, and
American people in spoonfuls. Bit by some deaths that were caused by a now what they have is legislation that
bit, they are trying to push America tainted product that was coming out of invests billions of dollars in one indus-
a factory there.
SSpencer on DSK126QN23PROD with SENATE
closer to a single-payer health system. try, one industrial sector, and promises
American people do not want Medi- So Senator MENENDEZ and I had a hundreds of billions of dollars more to
care for All. People who have their em- piece of legislation that would have the NSF that will duplicate many of
ployer-provided coverage want to keep incentivized returning active pharma- those efforts that are already in
it. And the American people don’t want ceutical ingredient manufacturing to progress at our National Labs and
the Federal Government subsidizing the United States. Then we got into other DOE facilities.
wealthy people who can afford to pay the issues of the pandemic, and then So we are 2 years and $280 billion into
for their own healthcare. everyone was saying: Critical supply this, and about $80 billion of that goes
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July 27, 2022 CONGRESSIONAL RECORD — SENATE S3731
into one industry. Honestly, it does not a bill that was pushed by every vet- Reed Sinema Warnock
Rosen Smith Warren
add up. We could have spent that time erans service organization out there. It Rubio Stabenow Whitehouse
and a lot less money so much more was their No. 1 priority. We listened to Sanders Tester Wyden
wisely. We could have used tax credits the veterans, and we ended up with a Schatz Van Hollen
to incentivize multiple industries to piece of legislation that is very, very Shaheen Warner
come home, to set up shop in business- good. NAYS—42
friendly States like Tennessee and cre- If we are able to pass this out of the Barrasso Hagerty Romney
ate thousands of jobs for American Senate again, this time it won’t be Blackburn Hawley Rounds
Blunt Hyde-Smith Sasse
workers. going to the House. It will be going Braun Inhofe Schumer
This is what you call a missed oppor- right to the President’s desk, and we Burr Johnson Scott (FL)
tunity. And, unfortunately, the new will have done right by our veterans in Cassidy Kennedy Scott (SC)
axis of evil—they are watching, and I this country; we will have done right Cornyn Lankford Shelby
Cotton Lee Sullivan
think they like what they see. I think by the next generation of fighting men Cramer Lummis Thune
they like it. I think they like it when and women who will become veterans; Crapo Marshall Tillis
we don’t appear to be focused, when we and we will have had our veterans’ Cruz McConnell Toomey
Daines Paul Tuberville
don’t appear to take the steps to chal- backs along the way. Ernst Portman Wicker
lenge them across the board. We are I yield the floor. Fischer Risch Young
running out of time to truly unravel CLOTURE MOTION NOT VOTING—3
ourselves from the influence of the Chi- The PRESIDING OFFICER. Pursuant Leahy Manchin Murkowski
nese Communist Party. to rule XXII, the Chair lays before the
I yield the floor. (Ms. SMITH assumed the Chair.)
Senate the pending cloture motion, The PRESIDING OFFICER (Mr.
The PRESIDING OFFICER. The sen- which the clerk will state.
ior Senator from Montana. OSSOFF). On this vote, the yeas are 55,
The senior assistant legislative clerk the nays are 42.
Mr. TESTER. Mr. President, it seems read as follows:
a bit like deja vu all over again. We Three-fifths of the Senators duly cho-
CLOTURE MOTION sen and sworn not having voted in the
have been here before. We were here be-
fore the Fourth of July talking about We, the undersigned Senators, in accord- affirmative, the motion is rejected.
ance with the provisions of rule XXII of the MOTION TO RECONSIDER
the PACT Act, the toxic exposure bill, Standing Rules of the Senate, do hereby
the bill that has been in the works for Mr. SCHUMER. Mr. President, I
move to bring to a close debate on the mo-
15 years and that the ranking member enter a motion to reconsider the failed
tion to concur in the House amendment to S.
and I have worked on very hard over 3373, a bill to improve the Iraq and Afghani- cloture vote.
the last 18 months, year and a half. stan Service Grant and the Children of Fall- The PRESIDING OFFICER. The mo-
We are going to vote on it again here en Heroes Grant. tion is entered.
in a moment. This is a bill that has Charles E. Schumer, Jon Tester, Ben Ray Mr. SCHUMER. I yield the floor.
Luján, Richard Blumenthal, Robert P. The PRESIDING OFFICER. The Sen-
been talked about a lot on this floor,
Casey, Jr., Tina Smith, John W. ator from Rhode Island.
and just about everything has been Hickenlooper, Mazie K. Hirono, Mark UNANIMOUS CONSENT REQUESTS—EXECUTIVE
said about this bill. It is a bill that al- R. Warner, Debbie Stabenow, Jack CALENDAR
lows us, the American people, to live Reed, Tammy Baldwin, Jacky Rosen, Mr. REED. Mr. President, I rise to
up to the promises we make our Ac- Raphael G. Warnock, Tammy discuss three civilian nominees: Mr.
tive-Duty military when they come Duckworth, Christopher Murphy, Mark Robert Storch, Ms. Tia Johnson, and
home with an injury—in this case, Kelly.
Mr. Russell Rumbaugh, who are each
toxic exposure. The PRESIDING OFFICER. By unan- nominated to hold critical positions
We have had toxic exposures—well, in imous consent, the mandatory quorum within the Department of Defense.
World War I, it was mustard gas; radi- call has been waived. They have been on the Executive Cal-
ation in World War II; and, of course, The question is, is it the sense of the endar for months. Yet I am unaware of
Agent Orange in the Vietnam war. We Senate that debate on the motion to any objections to these nominees re-
have had toxic exposures over and over concur in the House amendment to S. lated to their qualifications for the po-
and over again. In the Middle East, it 3373, a bill to improve the Iraq and Af- sitions for which they have been nomi-
is burn pits. ghanistan Service Grant and the Chil- nated.
Over the last year and a half, we have dren of Fallen Heroes Grant, shall be I need not remind my colleagues,
had many hearings on this bill. In fact, brought to a close? with Russia’s invasion of Ukraine and
we had a gentleman testify that he had The yeas and nays are mandatory the increasingly aggressive actions of
a lung disorder. He was in tough shape. under the rule. China, how critically important it is to
And, in fact, he passed away a few The clerk will call the roll. ensure the Defense Department has the
months ago. The senior assistant bill clerk called people power it needs to do its job well.
The truth is, this is a bill that we the roll. I would also like to note that in the
need to pass. And we passed it already Mr. DURBIN. I announce that the past, my colleagues have been very
with 84 votes, and I think we had a cou- Senator from Vermont (Mr. LEAHY) and cognizant of this need for the smooth
ple of Senators gone or we would have the Senator from West Virginia (Mr. workings of the Defense Department,
had 86. It is a bill that is bipartisan in MANCHIN) are necessarily absent. and nominees for the Department—
nature, and it is a bill that I think Mr. THUNE. The following Senator is both civilian and military—have been
every Senator who votes for this bill necessarily absent: the Senator from voted out of committee and off the
can be proud that we are supporting Alaska (Ms. MURKOWSKI). floor quickly, typically by unanimous
the men and women who have felt the The yeas and nays resulted—yeas 55, consent. I find it ironic now, at a time
wounds of battle and are now trying to nays 42, as follows: when we see unparalleled threats to
get their life back to normal. [Rollcall Vote No. 272 Leg.] our national security, that nominees
But it is more than just the folks for the Department of Defense would be
YEAS—55
who served in our military; it is also held for months on end, with no objec-
Baldwin Cortez Masto Kelly
their families. I would encourage all Bennet Duckworth King tions on qualifications, without any
the Members of the body to support Blumenthal Durbin Klobuchar path to confirmation other than a clo-
this bill.
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Booker Feinstein Luján ture vote.
It costs $27 billion a year, but it is a Boozman Gillibrand Markey There are presently eight Defense De-
Brown Graham Menendez
cost of war. If we are not willing to Cantwell Grassley Merkley partment nominees waiting on the Ex-
take care of our men and women when Capito Hassan Moran ecutive Calendar. At the end of next
they come back from battles that we Cardin Heinrich Murphy week, it will be 12. Today, I would like
send them off to, then maybe we ought Carper Hickenlooper Murray
Casey Hirono Ossoff
to discuss these three individuals.
to rethink whether we are going to Collins Hoeven Padilla Mr. Robert Storch is nominated to be
send them in the first place. This bill is Coons Kaine Peters the Department of Defense inspector
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S3732 CONGRESSIONAL RECORD — SENATE July 27, 2022
general and was favorably reported out the Navy and the Marine Corps, to in- Mr. HAWLEY. Mr. President.
of the Armed Services Committee on clude the Department’s audit. Many The PRESIDING OFFICER. The Sen-
March 8, 2022. will point out and criticize, with some ator from Rhode Island has the floor.
The Defense Department has not had reasonableness, the fact that the De- Mr. REED. Mr. President, I believe I
a Senate-confirmed inspector general partment of Defense has not yet passed retain the time, but if the Senator
since January 8, 2016. I will repeat that. an audit. Well, it is very difficult to would like me to make a short state-
The Defense Department has not had a pass an audit if you have critical indi- ment and then object—
Senate-confirmed inspector general viduals who are not in place to help Mr. HAWLEY. Sure.
since January 2016. The last nominee, you prepare for and pass such an audit. Mr. REED. I think the easy thing to
put forward by then-President Obama, That is another reason I think we do is let me yield such time as the Sen-
was withdrawn by President Trump on need—the Navy needs a comptroller. ator requires.
February 28, 2017. Each of these positions are critically Mr. HAWLEY. I thank the chairman.
Mr. Trump designated the Honorable important to the Department of De- It is always a privilege to be on the
Sean O’Donnell as the acting DOD IG fense. The sooner they assume their of- floor with the Senator from Rhode Is-
on April 6, 2020, but the GAO recently fices, the better for the Department’s land and to serve him on the com-
issued a decision that Mr. O’Donnell’s ability to tackle these challenges on mittee, so thank you for that.
continuing service as the acting inspec- behalf of servicemembers and their I would just say this: It has been
tor general is in violation of the Va- families and the Nation. And, indeed, nearly a year now since the events, the
cancies Act. As such, there is really no the sooner they are there, the more we catastrophe, in Kabul that claimed the
effective inspector general in the De- will be able to support the men and lives of 13 servicemembers, including
partment of Defense—the largest Agen- women in uniform in the United States from my home State of Missouri.
cy in the Federal Government. who are deployed across the globe. This was a catastrophe of this admin-
For these reasons, in addition to the They need that kind of support here in istration’s making, and it has been now
fundamental importance of the IG’s Washington. nearly 2 weeks, maybe 3, since I began
work, the Senate needs to confirm Mr. With that, Mr. President, I would ask to enter into the RECORD, page by
Storch as soon as possible. The Depart- unanimous consent that the Senate painstaking page, this report under-
ment has been without a Senate-con- proceed to executive session to con- taken by U.S. Central Command about
firmed IG for more than 6 years, and sider the following nominations en that disaster at Abbey Gate in Kabul,
we cannot wait any longer. bloc: No. 843, No. 861, and No. 972; that about those deaths, not to mention the
Ms. Tia Johnson was reported out of the nominations be agreed to without hundreds of American civilians who
the committee on April 5, 2022, and intervening action or debate; the mo- were left behind.
would become one of five judges on the tions to reconsider be considered made I am entering this report into the
Court of Appeals for the Armed Forces, and laid upon the table; that any state- RECORD so the American people can see
often referred to as the ‘‘Supreme ments related to the nominations be it because I cannot convince my friend
Court of military law.’’ The court’s printed in the RECORD; and that the from Rhode Island to hold a public
next hearing is scheduled for October President be immediately notified of hearing on this report, and I cannot
12, 2022, where it will consider impor- the Senate’s action. convince the White House to stop their
tant jurisdictional and substantive The PRESIDING OFFICER. Is there coverup of the events at Abbey Gate
issues in military criminal law. objection? and the role they played in it.
Importantly, the FY22 NDAA imple- Mr. HAWLEY. Mr. President. This is not for lack of trying. For
mented extensive changes to the Uni- The PRESIDING OFFICER. The Sen- months on end, I have come to this
form Code of Military Justice, includ- ator from Missouri. floor and asked for a public hearing on
Mr. HAWLEY. I object. this report. I have asked my col-
ing a statute that would criminalize
The PRESIDING OFFICER. The ob-
sexual harassment under some cir- leagues. I have written to the chair-
jection is heard.
cumstances. Ms. Johnson will play a Mr. REED. Mr. President, the Sen- man. I have spoken to members of the
critical role on the Court of Appeals in ator from Missouri has objected, and I committee, who, by the way, say they
reviewing challenges and issues with believe he is the only individual Mem- have no objection.
the recent sexual assault and sexual ber of the Senate who objects. In that And just last week, the White House
harassment statutes, including defend- case, I think I would be prepared to reached out to me and said: What is it
ants’ rights under the Uniform Code of offer another unanimous consent that that you want?
Military Justice. would allow debate upon these mem- I said, I want accountability for what
Without Miss Johnson, the court bers. That, I think, should be satisfac- happened in Afghanistan and Abbey
risks deadlock, which will further ham- tory to the Senator, because it will Gate, and, specifically, I want a public
per the military’s ability to provide give him an opportunity to express his hearing on this report, to which the
good order and discipline, which is fun- objections to these individuals and why White House said it is up to the chair-
damental to any military force. they are not qualified to be in office. man.
Mr. Russell Rumbaugh was nomi- With that, I renew my above request, So I hope that we can make some
nated on March 21, 2022, to serve as the except that I ask unanimous consent progress on actually getting account-
Assistant Secretary of the Navy for Fi- that at a time to be determined by the ability for what happened, for the serv-
nancial Management and Comptroller. majority leader, in consultation with icemembers whose lives were lost, and
This nomination was privileged, so it the Republican leader, the Senate pro- we can end this continual
did not require a hearing and was in- ceed to executive session; that there be Vietnamesque, yearlong effort to push
tended to move expeditiously. The 1 hour for debate, equally divided in this crisis out into the shadows, to ig-
committee sent policy questions to Mr. the usual form on the nominations en nore it as if it never happened, and to
Rumbaugh and received his answers on bloc; that upon the use or yielding deny the American people the account-
April 25, 2022. The committee reported back of time, the Senate vote on the ability that servicemembers deserve.
out his nomination on May 12, and pur- nominations in the order listed; and I yield the floor.
suant to S. Res. 116, his nomination that following disposition of the nomi- Mr. REED. Mr. President, I reclaim
was moved 10 days later to the appro- nations, the Senate resume legislative my time.
priate section of the Executive Cal- session. I respectfully disagree with the Sen-
endar and was ready for confirmation ator from Missouri on this matter. The
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The PRESIDING OFFICER. Is there
by the full Senate. So his confirmation objection? Senate Armed Services Committee
has been waiting for 2 months. Mr. HAWLEY. Mr. President. conducts and has conducted extensive
The Navy has not had a confirmed The PRESIDING OFFICER. The Sen- oversight on Afghanistan. Committee
Assistant Secretary for Financial Man- ator from Missouri. actions include seven public and closed
agement and Comptroller since July Mr. HAWLEY. I object. hearings regarding the War in Afghani-
2020. This role is critical to managing The PRESIDING OFFICER. Objec- stan, lessons learned, and ongoing re-
the budget and financial readiness of tion is heard. gional counterterrorism requirements
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July 27, 2022 CONGRESSIONAL RECORD — SENATE S3733
since the withdrawal last August. And Without the support of a functioning see this bill passed for all the reasons I
Senator HAWLEY has participated in all Department of Defense, we will be in a have talked about many times in com-
of these. situation where we are putting at risk mittee and on this floor.
The National Defense Authorization the soldiers, sailors, airmen, marines, This is about living up to the prom-
Act for Fiscal Year 2022 contained a and guardians who protect this Nation. ises for our veterans. This is about
provision, section 1092, that mandated I yield the floor. making sure that when the veterans
the Department of Defense deliver The PRESIDING OFFICER. The Sen- come back from exposures to burn pits
quarterly briefings, in both unclassi- ator from Pennsylvania. or oil well fires or Agent Orange, that
fied and classified form, on the secu- PACT ACT they don’t have to go to the VA and
rity situation in Afghanistan and ongo- Mr. TOOMEY. Mr. President, I want fight for their healthcare and their
ing counterterrorism efforts. to make just a brief comment about benefits.
The classified briefings have taken the cloture vote that just occurred It impacts 31⁄2 million veterans in
place on January 20, April 14, and July shortly before the Senator from Rhode this country. By the way, there will be
21. The unclassified briefings have Island sought the unanimous consent a few more who die before we get this
taken place on February 14 and April agreement. bill passed.
25. An additional unclassified briefing And, as you know, cloture was denied And I would also say that, as the
will be held tomorrow, coincidentally, on that bill, and, as you also know very Senator from Pennsylvania says, I am
and Senator HAWLEY has full access to well, that doesn’t mean the bill is de- all for the $278.4 billion over 10 years
all of these briefings. feated. It simply means that the oppor- on this bill; I have got no problem with
The National Defense Authorization tunity to amend it isn’t eliminated. that—well, the fact is, he does have a
Act for Fiscal Year 2022 also contains a There haven’t been any amendments. problem with that. The fact is, by
provision, section 1069, which requires doing what happened today on this
That is unfortunate.
a yearly assessment of our over-the-ho- But I want to just stress that my floor, the real issue here—and make no
rizon counterterrorism capabilities in concern about this bill has nothing to mistake about it—is the money that is
Afghanistan. While the first install- do with the purpose of the bill. It is not being spent to take care of our vet-
ment has not yet been delivered to the about the approximately $280 billion of erans.
committee, Senator HAWLEY will have And I have said it before, and I will
new spending that is meant to be re-
access to those assessments, as well as say it again. If you have the guts to
quired under this bill for the VA to
will all of my colleagues. send somebody to war, then you better
The National Defense Authorization cover Medicare and other—healthcare,
have the guts to take care of them
Act for Fiscal Year 2022 further man- I should say, and other benefits for vet-
when they get back home—or don’t
dated the establishment of the Afghan- erans who are exposed to toxic burn
send them in the first place.
istan War Commission, which will pits. What I want to change has abso- Now, let’s talk about the $400 billion,
spend 3 years examining all aspects of lutely nothing to do with any of that. OK, because, quite frankly, what this is
the 20-year war in-depth. All the Com- I see the chairman of the committee about—this is about not even trusting
missioners have been appointed, and we of jurisdiction. I think he understands the people in this body. We have an Ap-
expect the Commission to commence that I have no interest in modifying propriations Committee, and we vote
work in the near term. And Senator the purpose of this bill, all the work on appropriations bills, and we set the
HAWLEY will have the same access to that he and many others have done. levels in the accounts based off of ap-
the Commission’s findings as everyone And, by the way, I suspect there are 85 propriations. Let the process work.
else. votes for this bill, for the underlying Let’s not tie the hands of appropri-
What I think the Senator does not bill, if we fix this problem. ators. Let’s make sure we let the proc-
understand is that the events that took And here is the problem. Completely ess work. That is what we have always
place at Abbey Gate were not unique to unrelated to the $280 billion of new done.
that moment in time. They were the spending, there is a mechanism created But the good Senator from Penn-
culmination of 20 years of actions by in this bill—it is a budgetary gim- sylvania’s amendment ties the hands of
Presidents from both sides, by com- mick—that has the intent of making it the appropriators. Make no mistake
manders on both sides. And in order to possible to have a huge explosion in un- about this, the American people are
understand what truly happened at related spending: $400 billion. This sick and tired of the games that go on
Abbey Gate, we have to look at all of budgetary gimmick is so unrelated to in this body. They are sick and tired of
those periods. the actual veterans’ issue that has to us working for Democrats or working
What was the effect of Donald do with burn pits that it is not even in for Republicans and not working for
Trump’s agreement with the Taliban, the House version of this bill. the American people. But this is bigger
excluding the legal government of Af- So, the fact is, we can fix this to- than that.
ghanistan, to essentially leave? And night. This is a relatively easy fix. We have an All-Volunteer military in
what other events created the situa- There might be a few technical things this country. If you don’t think young
tion that led directly to the situation we would iron out, and we could get people are watching what we are doing
at Abbey Gate? Without that context, this done tonight. And I know the today who are thinking about signing
this will simply be a way to vilify the chairman of the committee very much up for the military, you are sadly mis-
administration, a way to point out wants to get this bill done. This is the taken. And when we don’t take care of
shortcomings, and it won’t get to what path to do it. And if we fix this—which, our veterans when they come home,
we really should be focused on: What as I say, I would recommend we fix it they are going to say: Why should I
profound lessons can we learn from 20 tonight—we could do that by a unani- ever sign on the dotted line because, of
years in Afghanistan that will assist us mous consent request. We could do it the promises that I made and the
in the future, that will protect our men any number of ways. promises the country made, only half
and women in uniform? But once that is done, this bill sails that deal is being respected—my half.
Again, if the focus is on political re- through this Chamber and goes to the This is a sad day in the U.S. Senate.
taliation and retribution, that is part President and gets signed into law. So This is the biggest issue facing our vet-
of this organization. But if we want to I just want to urge my Democratic col- erans today. Make no mistake about it,
focus on protecting today the lives of leagues to join me in working this out. if it wasn’t, every veterans service or-
men and women who serve and their This is not what this bill was about. ganization wouldn’t be out there talk-
SSpencer on DSK126QN23PROD with SENATE
families who will grieve if they are We can fix it. We can do it imme- ing to us and have been talking to me
lost, then we have to take a broader diately. for the last 15 years.
view, which we are doing in the Com- I yield the floor. So we can make up all sorts of ex-
mission, which we are doing when we The PRESIDING OFFICER. The Sen- cuses about how this is going to move
bring our experts in on a frequent basis ator from Montana. money around, but—let me tell you
to talk about Afghanistan—and which Mr. TESTER. Mr. President, the good something—we are the ones who decide
we must do by filling these positions in Senator from Pennsylvania is correct. I that. If we want to move money
the Department of Defense. want to see this bill passed. I want to around, we will; if we don’t, we won’t.
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S3734 CONGRESSIONAL RECORD — SENATE July 27, 2022
In the meantime, let’s pass this bill. And by the way, I have said for some Nation’s veterans. And his service cul-
Let’s give veterans the healthcare they time, programs that have outlived minated in his chairmanship of the
have earned. If it isn’t, it is political their lifespan, we should be cutting Senate Committee on Veterans’ Affairs
malpractice. What we are doing today those programs, but we don’t do that and of the Senate Ethics Committee.
with this policy, by putting this policy very well. As we will hear from our distin-
off, does nobody any good whatsoever. But we have been at war for 20 years. guished colleagues who served along-
I yield the floor. With that war—by the way, that was side Senator Isakson—like Senator
The PRESIDING OFFICER. The Sen- all put on a credit card—there was a BLUNT—Senator Isakson, through his
ator from Pennsylvania. fair amount that was funded by an OCO uncommon decency, his generosity of
Mr. TOOMEY. Mr. President, I would account. And now we are going to say: spirit, his commitment to integrity
briefly and simply reiterate my request Oh, no, no, no, no, no, no; we are not and service of others over service of
that our Democratic colleagues, in- going to spend the money to take care self, won universal respect in this body;
cluding the chairman, who obviously is of our veterans. I am going to use this won respect in the State of Georgia
passionate about this, just engage with as an excuse. I am going to use as an that crossed party lines and earned the
us to fix this, this problem that has excuse the fact that the Appropriations reputation not just nationally but
nothing to do with the bill that he Committee might spend too much around the world for statesmanship, ef-
wants to pass, this problem that wasn’t money. fectiveness, and hard work.
in the House version of this bill. Well, that is on us. And while that is Even more than his work as a states-
The chairman’s argument that, well, on us, we have veterans dying of can- man, Senator Isakson was a father and
it is always ultimately subject to ap- cers and lung conditions because a bill a husband. And I want to recognize
propriations—well, that is really an ar- that should have been passed before the Senator Isakson’s extraordinary fam-
gument that says let’s not have a budg- Fourth of July is still on the floor ily, including his wife of more than 50
et at all, let’s not have any rules be- today. years, Dianne; his sons, John and
cause—it is true—a future Congress You can frame it any way you want. Kevin; his daughter Julie—all of whom
can always do whatever it wants. So, But in the end, this budgetary gim- I have had the pleasure of speaking or
by that logic, we should have no rules, mick is called: How the Congress corresponding with in recent months
no guidelines, no budgets, no proce- Works. Appropriators appropriate. If and all of whom, in their lives, carry
dures, no pay-go, no effort whatsoever on the Senator’s legacy.
you don’t believe me, ask Senator
Senator Isakson had a saying that
to have any management of our Fed- SHELBY. That is what we do. And if we
there are just two kinds of people in
eral budget because—what the hell— appropriate too much, this body votes this world: friends and future friends. I
any Congress can come along and just it down. Or if we don’t appropriate hope we can all be inspired by that as-
waive it. enough, this body votes it down and piration and that outlook, by his resil-
I don’t agree with that. I think, espe- amends it up. That is what appropri- ient desire to see the good in everyone;
cially at a time when inflation is run- ators do. That is how this process is to see the opportunity to work with
ning rampant, when we have been supposed to work. anyone; to try to find where our inter-
spending money like no one has ever We should not be using that excuse ests align, where we can meet eye to
imagined—if we have got an important to deny benefits to the men and women eye, where we can get things done to-
need, OK; we do that. But this gim- who have served this country in a God- gether.
mick—and the chairman said people awful place in the Middle East. Senator Isakson’s courtesy,
are sick and tired of games. I totally I yield the floor. collegiality, and integrity will forever
agree. This is one of those games where The PRESIDING OFFICER (Mr. serve as an example to all of us who
you have got a bill that is going to pass WARNOCK). The Senator from Georgia serve in this body today and in the fu-
and so let’s sneak in this change in the is recognized. ture. And that is why, in recognition of
budget rule so that it will be easy to f Senator Isakson’s tremendous con-
spend money on other things in the fu- tributions to American veterans, to the
SENATOR JOHNNY ISAKSON VA
ture. State of Georgia, and to the United
That is ridiculous. That is just not REGIONAL OFFICE ACT OF 2022
States, it has been my privilege to in-
defensible. So, again, I would stress Mr. OSSOFF. Mr. President, I rise troduce—alongside my distinguished
there is a very easy path to a very big today to recognize a giant of the great Republican colleague from Missouri,
vote in favor of this bill that probably State of Georgia—which the Presiding Senator BLUNT, and the Presiding Offi-
could happen later tonight but could Officer and I both have the distinct cer, Senator WARNOCK—the Senator
certainly happen tomorrow. And if the honor of serving—to recognize a true Johnny Isakson VA Regional Office
path is there, let’s fix this problem. legend of the U.S. Senate, an extraor- Act to rename the VA’s Atlanta Re-
I yield the floor. dinary father, husband, and representa- gional Office after Senator Isakson as
The PRESIDING OFFICER. The Sen- tive of our State, the late Senator part of our Nation’s ongoing recogni-
ator from Montana. Johnny Isakson. tion of his service and as an example to
Mr. TESTER. Mr. President, I am Senator Isakson served Georgia all those who follow in his footsteps of the
going to reiterate what I said before. his life. Born in Atlanta, Senator Isak- virtues that his representation em-
The concern that the Senator from son attended the University of Georgia, bodied.
Pennsylvania has is a concern that then enlisted in the Georgia Air Na- I thank my colleagues on both sides
there is not a lot of trust in this body, tional Guard. He was a successful pri- of the aisle for their support of this
and I agree—fair reason to be. vate businessman, growing his real es- legislation. We will hear from Senator
As far as having rules, I believe in tate enterprise to one of the largest in BLUNT and Senator WARNOCK, to share
having rules, but I don’t believe we the State. their experiences working alongside
should have rules that tie the hands of He served in both the Georgia House and knowing Senator Isakson, in just a
our standing committees, that say: of Representatives and the State sen- moment.
You can’t do this. Appropriations, I ate, and Governor Zell Miller, a Demo- But now, let’s get this done and take
don’t care what you see, what you see, crat, appointed him, a Republican, to this action to demonstrate our endur-
what issue comes down the road for chair the State Board of Education. ing respect and admiration for this ex-
veterans—in this case, MARTIN HEIN- In 1999, Senator Isakson was elected traordinary American statesman,
RICH, the chair, and JOHN BOOZMAN, the to the U.S. House of Representatives,
SSpencer on DSK126QN23PROD with SENATE
Johnny Isakson. Mr. President, I ask
ranking member—you guys can’t ad- where he worked to improve American unanimous consent that the Senate
dress it. K–12 education. Committee on Veterans’ Affairs be dis-
That is what the Senator from Penn- And in 2004, he was elected to this charged from further consideration of
sylvania wants to do. That is not how body, where he would serve for almost S. 4359 and the Senate proceed to its
this process should work. We should be 15 years with courtesy, dignity, and immediate consideration.
dealing with issues as they arise. That kindness, supporting and championing The PRESIDING OFFICER. The
is a fact. bipartisan efforts to better serve our clerk will report the bill by title.
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