Senate Floor Record on Fentanyl, Ukraine and S. 3655, September 28, 2022 — Congressional Record
Summary
Page S5126 of the Senate section of the Congressional Record for September 28, 2022, in interleaved columns. A speaker says the committee approved the FENTANYL Results Act in June with unanimous, bipartisan backing of all members of the Foreign Relations Committee, and Mr. Menendez replies in a floor exchange on fentanyl. Another speaker describes images from Izyum after Ukrainian forces recaptured the city, citing mass graves with hundreds of bodies, and the record shows that S. 3655 was ordered to be engrossed for a third reading, read the third time and passed. Mr. Ossoff recounts introducing a bill named SOFA on July 13, 2017.
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“Senate Floor Record on Fentanyl, Ukraine and S. 3655, September 28, 2022 — Congressional Record.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-09-28-crec-2022-09-28-pt1-pgs5126-2-65ff176bed/
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S5126 CONGRESSIONAL RECORD — SENATE September 28, 2022
That is why in June, the committee I yield the floor. have all had a chance to bear witness
approved the FENTANYL Results Act, The PRESIDING OFFICER. The Sen- to the brutal reality of Russia’s inva-
legislation designed to strengthen the ator from New Jersey. sion as Ukrainian forces have recap-
United States response to fentanyl Mr. MENENDEZ. Mr. President, I tured territories like the city of Izyum.
trafficking—legislation that received can’t let the question rhetorically hang Soon after the city was liberated,
unanimous, bipartisan backing of all there. Ukrainian forces discovered mass
members of the Foreign Relations I would say to my colleague, first of graves filled with hundreds of bodies,
Committee, legislation that we hope all, for all of us who have been fighting including children. Some of the bodies
can be enacted into law before the end this issue on a bipartisan basis—I had their hands tied behind their backs
of this Congress. That is a serious leg- think his bill has only got Republican and their skulls crushed, and many
islative effort conducted through nor- sponsors on it, a few—that we have showed signs of torture. The images
mal order of the Senate. been fighting this, and this is a contin- that have emerged from Izyum prove
I would just say to my friend, if you uous fight. And, yes, every life that is what we have suspected for some time:
really want to address the impact that lost is a life that we mourn. But what The mountain of evidence of Russian
Mexican cartels and drug trafficking would I say to them? war crimes is sky high.
have on the American people, I urge I would say, well, if we get the These photos illustrate what the
you, respectfully, to work through the Fentanyl Results Act legislation Ukrainians are finding in recaptured
Foreign Relations Committee and join passed, which passed the committee on territory. They are sending out people
us in a meaningful legislative effort. a bipartisan basis, we would have a bi- to redig mass graves to find out just
Finally, before I object, I would just partisan approach toward dealing with what happened to members of their
say, I know that my colleague keeps this. family and neighbors and their friends.
talking about the Biden open borders. I appreciate that my colleague has The same thing is illustrated by this
Well, it is a little incongruous when declared war on fentanyl, but just be- photo as well. In the shadow of this
you self-designate and made in your cause he has declared war doesn’t mean beautiful church, they are finding mass
comments that it is the U.S. Customs that his view as to how you meet the graves left behind by the Russians.
and Border large catches of fentanyl challenge is the ultimate result, is the Today, I had the honor of presiding
and other drugs under the direction of ultimate solution. over a hearing of the Senate Com-
this administration that is making So in good faith, I offer our colleague mittee on the Judiciary, focusing on
those catches. It is either that we have to work with us. But you can’t end up the role we must play in the United
an open border and anything comes in, making the Senate the Committee of States in holding Putin and his thugs
or it is that the U.S. Customs and Bor- the Whole. If we want to do that, good, accountable for these heinous war
der Patrol that is actively engaged is let’s abolish all of our committees, and crimes. The message was clear: Our Na-
stopping the flow of significant let’s all sit here and we can bring up tion must continue the legacy we
amounts of drugs. legislation after legislation that was began with the Nuremburg trials by en-
For all of those reasons, at this point just introduced, where nobody has a suring that Russian war criminals are
in time, I will have to object. chance to read it and nobody has a brought to justice. And a critical step
The PRESIDING OFFICER. Objec- chance to understand the unintended in doing that is to make sure that the
tion is heard. consequences, as noble as the intent perpetrators of these atrocities find no
The Senator from Kansas. might be. But that is what my col- safe haven anywhere in the world, let
Mr. MARSHALL. Mr. President, I league has done on more than one occa- alone in the United States.
certainly do respect the comments of sion now. He introduces a piece of leg- That is why I have introduced the
the chairman. islation and, days after, comes to the Justice for Victims of War Crimes Act
I would ask him a question: What floor to seek its approval. Well, that with the ranking Republican Member,
would you tell the mother of Cooper bypasses the entire system that is Senator GRASSLEY. It closes a shameful
Davis? What would you tell the mother meant as a check and balance to get loophole in American law that has al-
of the hundreds of Americans who are the best legislation to accomplish a lowed war criminals to escape justice.
going to die today from fentanyl poi- common goal. Our legislation updates the War Crimes
soning? So that is what I would say. We need Act so foreign war criminals who try to
Whatever we are doing now is not to work on this together. We are com- flee to America can be prosecuted, even
working. This is a war. Just yesterday mitted to it. That is why we passed leg- years after their crimes were com-
morning, at 1 a.m., we were given 250 islation in the past. That is why we mitted. It is only a starting point, but
pages of legislation that we were asked just passed legislation recently. I hope I hope we can build on it to finally
to vote on that evening. This is a 3- or my colleague will join us, and maybe enact the law in this country prohib-
4-page bill. we can get it in the NDAA together. iting crimes against humanity. This is
I have declared war on fentanyl. With that, I yield the floor. an opportunity to send a clear signal to
Every day in Kansas someone is dying war criminals, like those in Russia
from fentanyl. Every day in the State f today who systemically attack civil-
of New Jersey probably several people RECESS ians, that America is going to hold you
are dying from fentanyl poisoning. accountable for your crimes.
I would ask the chairman: Whatever The PRESIDING OFFICER. Under
IMMIGRATION
we are doing, it is not working. What the previous order, the Senate stands
Madam President, on a related topic,
more can we do? What do I tell Cooper in recess until 2:15.
at our brightest moments, America has
Davis’s mom? What do I tell these peo- Thereupon, the Senate, at 12:48 p.m.,
not only held war criminals and ty-
ple out there whose babies are dying? recessed until 2:15 p.m. and reassem-
rants accountable; we have also pro-
They are young adults being taken bled when called to order by the Pre-
vided refuge to their victims. Many of
from the prime of their lives. Whatever siding Officer (Ms. ROSEN).
us in Congress can attest to that fact.
we have done is not working. This stuff f In fact, it is exactly how my family
is coming over by the tons. What we AFFORDABLE INSULIN NOW ACT— arrived in this country. Back in 1911,
have captured is a fraction of what is MOTION TO PROCEED—Continued my grandmother left Lithuania in
reaching America. That is why Kansas search of freedom. She boarded a ship
is no longer safe. It is not safe for any The PRESIDING OFFICER. The ma- carrying two things in her arms: a bag
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of our young adults. This is why this jority whip. with her Catholic prayer book, pub-
Halloween we are going to have to put UKRAINE lished a year before the Czars outlawed
our kids on special watches as this can- Mr. DURBIN. Madam President, it its printing in Lithuania, and her 2-
died fentanyl comes across the border. has been a little more than 7 months year-old daughter, my mother, Ona.
I don’t see how anyone who cares about since Russia launched its illegal inva- The moment my grandmother
our youth and young adults could ob- sion of Ukraine, and the destruction stepped foot on American soil, her life
ject to this. that has followed is unbelievable. We changed. From that moment on, she
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5127
and my mother were protected by an A recent United Nations report found wasted taxpayers’ dollars on a political
incredible shield: the U.S. Constitu- that Maduro and his cronies have been stunt that only made the problem
tion, along with the rights and protec- systemically repressing Venezuelans worse and made us, as a nation, look
tions it guarantees. and gruesomely torturing their polit- weak and, to some of the world, look
But for Lithuanians, securing those ical opponents. These horrors have cruel.
same rights has not been so easy. The driven nearly 7 million Venezuelans to Here is the reality. The most power-
country struggled under Soviet occupa- leave that country in desperation and ful way to stand up against dictators
tion for nearly 50 years. Even after the fear. To put that in perspective, that is like Maduro is by honoring America’s
Lithuanian people proclaimed their more than the number of Syrian refu- legacy as a beacon of freedom. That
independence in 1990, their liberty gees and nearly equal to the number of means coming to the aid of families
wasn’t guaranteed. In January 1991, 9 Ukrainian refugees fleeing active war like Carlos’s—families who are apply-
months after Lithuania held its first in those countries. ing for asylum the right way and seek-
free elections, Soviet tanks rolled into Despite what some Republicans have ing a fair shot in America, like our own
Vilnius in a ruthless, last-ditch effort claimed, families fleeing Venezuela are families once did.
to crush the country’s new democracy. not ‘‘illegals’’ or ‘‘invaders.’’ They are In fact, we need workers. We have 11
Thirteen Lithuanian martyrs were victims of the same ruthless tactics million unfilled jobs in this Nation and
killed that day. that once defined the Soviet Union. In- 5 million unemployed Americans. Let’s
I would like to think it was the sac- stead of helping these families, Gov- put young, able-bodied people like Car-
rifice of those 13 Lithuanians, and mil- ernor DeSantis and Governor Abbott los to work in jobs that Americans
lions who also suffered under com- declare holidays and have chosen to ex- don’t want. Let’s get them on the
munism, that inspired the current Gov- ploit their fear and confusion. books and give them their fair shot so
ernor of Florida to establish a new hol- I met with a few of the families who they can finally enjoy the security and
iday earlier this year. It was entitled were unwittingly placed on migrant safety for their families that was de-
Victims of Communism Day. In his buses to Chicago by Governor Abbott nied to them in their home countries.
own words, Governor DeSantis created of Texas a few weeks ago. One of the They will contribute to a better Amer-
this holiday with the goal of ‘‘honoring people I met was named Carlos. He and ica.
the people that have fallen victim to his wife and two little girls were sit- Time and again, immigrants have
communist regimes.’’ In announcing ting at a table, and we were able to shown us that they rise to the occa-
this holiday, he asserted that ‘‘Florida talk to them for about a half hour and sion, work harder than most, and
will stand for truth and remain as a ask questions. achieve things unimaginable. They can
beachhead for freedom.’’ Carlos was a hard worker in Ven- do it again, and they will. Let’s prove
That is an admirable aspiration, but, ezuela, but the country’s political and that America was and is better than
sadly, it is one that the Governor of economic crisis was so severe that his the cold, iron fist of authoritarianism.
Florida has failed to live up to because, job couldn’t keep food on the table. His I yield the floor.
when it comes to standing up to ruth- family was on the brink of starvation. The PRESIDING OFFICER. The Sen-
less dictators of our time, like Ven- So on May 15, Carlos and his wife, ator from Virginia.
ezuela’s Nicolas Maduro, Governor along with those two beautiful little NOMINATIONS OF MICHELLE KWAN AND MARI
DeSantis and his allies are nowhere to girls, decided to literally flee for their CARMEN APONTE
be found. Instead of offering safe har- lives. They embarked on a 5-month Mr. KAINE. Madam President, I was
bor to victims of Maduro’s regime, journey, much of it on foot, to the scheduled to come to the floor today to
these very same Governors have chosen Texas-Mexico border. It was a night- offer live UCs to bring up two Biden
to abandon and abuse their families. mare of violence, theft, and exploi- nominees—very important nominees—
This is no way to honor the victims tation. Carlos told me that, at one to assume diplomatic posts in the
of communism and political repression. point, he thought he would die, while Western Hemisphere.
It is a cowardly failure of leadership spending 9 nights in a Panamanian jun- Senator SCOTT of Florida was sched-
that violates our Nation’s basic values. gle. By the time they were rescued by uled to be here to oppose my UCs and
When news first broke that Gov- a local military force, all of their have a dialogue. The hurricane in Flor-
ernors Abbott of Texas and DeSantis of money was gone, their cell phones had ida has pulled him away, and so he is
Florida were using refugee families been stolen, and they were penniless. unable to be here. I am left with the
fleeing desperate conditions in Ven- But they pressed on and eventually case where there is an objection, but
ezuela as political pawns, I couldn’t made it to America. They filed their the objector can’t come for a reason
help but wonder: What if it were my claim for asylum. We are honored that that I understand. Senator SCOTT’s
own family? they were brought to Chicago, though team has indicated that he will likely
The families fleeing Venezuela are the circumstances were not good. be here tomorrow, and we might be
seeking refuge from the same menace To me, Carlos is living proof that we able to repeat this tomorrow.
that the victims of communists faced have more work to do in ridding the What I thought I would do, having
decades ago: political persecution and world of violent repression and totali- the floor, is say a little bit about these
state-sanctioned violence. Under Nico- tarianism. These evils didn’t suddenly two countries and these two nominees
las Maduro, Venezuela has been a failed disappear with the fall of the Soviet because I hope Senator SCOTT might
criminal state awash in human misery. Union. watch this or his staff might give him
It is so dangerous that the State De- I actually share the Florida Gov- the transcript because I think, if he
partment warns Americans to avoid ernor’s belief that America has the re- does, he will see that they are both
traveling to that country, and the peo- sponsibility to stand in contrast to dic- highly qualified individuals. I want to
ple of Venezuela suffer every day under tators like Maduro and Putin by actu- talk about both, but I will not make
rampant corruption, human rights vio- ally defending truth and freedom. But the motion at the end of my comments
lations, hunger, and criminal mis- that responsibility is far bigger than with respect to unanimous consent.
management. I saw it for myself when declaring a holiday, because it is one I would say that both Michelle Kwan,
I visited Venezuela a few years ago, thing to speak out against the evils of who was nominated by President Biden
just before Maduro’s latest sham elec- communism or voice opposition to to be our Ambassador to Belize, and
tion. Maduro, but talk is cheap. The real Mari Carmen Aponte, who was nomi-
Since then, things have grown worse. test for our values begins when the vic- nated to be our Ambassador to Pan-
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Hospitals are devoid of basic medical tims of tyrants like Maduro arrive at ama, are both highly qualified individ-
supplies, kids and parents are too hun- our doorstep in search of freedom. I am uals, as I will describe.
gry to go to school or work, and sad to say that Governor Ron DeSantis But the countries are really impor-
Maduro’s barbaric regime is being and Greg Abbott have literally failed tant. Belize has not had an ambassador
propped up by some of the most repres- that test. To add insult to injury, these confirmed for more than 5 years. Pan-
sive powers of the world, like Russia Governors not only refused to help ama has not had a confirmed ambas-
and Cuba. these families fleeing Venezuela; they sador for more than 4 years. And, sort
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S5128 CONGRESSIONAL RECORD — SENATE September 28, 2022
of, the theme for both of these is, Why years ago. For the following decade and backsliding. They can punch above
punish good behavior? These are great a half, under Presidents and Secre- their weight. They can do work not
allies of the United States, both Belize taries of State of both parties, she has only within their own nations but be
and Panama. They are both doing some traveled extensively on behalf of the an influence throughout the region—
really important work with us right State Department all around the world indeed, throughout the world. This is
now, and they deserve to have con- to engage youth and especially young something that the United States has
firmed ambassadors. girls on social and educational issues. celebrated and recognized.
If we won’t confirm an ambassador She would be an extraordinary cham- So, again, why punish bad behavior?
for more than 4 years or more than 5 pion for the United States with this If they are doing these things to help
years, it has a way of sending a mes- close neighbor, and her global profile us with migration, if they are stepping
sage to these countries like: Wow, we will say to Belize: Hey, we value you forward to be pro-democracy in a re-
say you are great allies, but we clearly because we are sending an accom- gion that is backsliding, why wouldn’t
don’t value you enough to have a con- plished and well-known athlete, inspi- we want a confirmed U.S. ambassador?
firmed ambassador. ration, and diplomat to be our rep- Let me tell you about Mari Carmen
Let me talk about Michelle Kwan, resentative there. Aponte. She is a Puerto Rican native.
the nominee to be our Ambassador in And so I was going to ask today that She previously served with distinction
Belize. she be confirmed by unanimous con- as an ambassador to El Salvador dur-
Belize is a critical partner in the Car- sent, and I will return, hopefully, to ing the Obama administration. She was
ibbean and Central America. This is a successfully see her advanced by the confirmed in this body with bipartisan
region of significant distress and insta- Senate into this position. support. She has been the Acting As-
bility. But Belize has been a bright Now let me talk about Mari Carmen sistant Secretary of State for the West-
spot in both relative stability and also Aponte, who is President Biden’s nomi- ern Hemisphere.
closeness to the United States. As I nee to be Ambassador to Panama. It is hard to imagine a more qualified
mentioned, no U.S. ambassador has First on Panama, Panama is one of nominee. She will have impact from
been confirmed there for more than 5 our strongest partners in the Americas. the moment she hits the ground. She
years. It is a stable democracy in a re- It is a critical ally on a wide range of was nominated for this role in October
gion facing significant threats from or- U.S. priorities. of 2021. Her Senate Foreign Relations
ganized crime, irregular migration, And, Madam President, you and I re- Committee hearing was in May, and
human trafficking, as well as demo- member when we had major problems she has been pending consideration by
cratic backsliding in the region. with Panama—major problems. It has the entire Senate since June.
We worked hard to deepen our rela- been a success story of turning an ad- Let’s get a proven ambassador in the
tionship with Prime Minister Briceno, versary into a great ally and even part- field and put her to work in a nation
and bilateral cooperation between the ner, and yet Panama has now been that is critical to the United States in
nations are increasing. Our ability to without a U.S. ambassador for more the region.
Finally, I will just note, Panama is
engage with Belize at this most senior than 4 years.
the home of the Panama Canal. It is
level is crucial right now. My friends across the aisle frequently
the world’s second largest free-trade
In particular with Belize, there is cite migration as a top foreign policy
zone. It has a sophisticated logistics
something fairly unique about this concern. They have a point.
The Venezuelan refugee crisis is now and financial operations hub. It at-
country. In this hemisphere that is
the second largest displacement in the tracts billions in direct foreign invest-
very important to the United States, it
world. The size and scope of this crisis ment, and we need to be there, again,
is also of growing importance to China.
and the humanitarian impact on the to counter the significant Chinese in-
We see Beijing active all over the
region and the Venezuelan people is terest in this country.
Americas, often outstripping our ef- So, again, I had planned to make a
forts to pay attention to these coun- worsening by the day. I agree. This
motion on behalf of Mari Carmen
tries. issue needs much more attention.
Aponte. In deference to my colleague
Belize has been willing to be a stal- Panama is on the frontline of this
from Florida and the challenge there, I
wart partner of Taiwan. There are only crisis. Their border with Colombia—the
will not, but his team has committed
11 nations in the world that recognize Darien Gap on that border is the pri-
to me that they will pay attention to
Taiwan, and China is going after each mary route by which people migrate
my description of both the importance
one of them, putting pressure on them from South America, especially Ven-
of these nations and the qualifications
to strip away their recognition of Tai- ezuela, north. They have a crucial role
of these nominees.
wan. to play in any cohesive regional re- I will return in the hopes that we
The United States is encouraging na- sponse. may soon be able to act as the Senate
tions that have recognized Taiwan to Panama is also critical to narcotics
and forward these highly qualified
continue to do so, but very few are able interdiction efforts and in promoting
nominees to the field where they can
to hold out against the Chinese on- democratic values that are increas-
do their work as representatives of the
slaught. Belize has been willing to do ingly under threat in the region.
United States.
this. This is good behavior. We asked They are also the subject of intense I yield the floor.
them to do it, and they have. Chinese investment in the Panama I suggest the absence of a quorum.
By leaving this position vacant, even Canal. China has a new Embassy built The PRESIDING OFFICER. The
as Beijing aggressively builds more and right on the canal. clerk will call the roll.
more momentum in the region, it is We are not competing in a vacuum The senior assistant legislative clerk
nothing less than diplomatic mal- here. We are competing in a highly proceeded to call the roll.
practice. Having a sitting U.S. ambas- competitive world, where China is Mr. MARSHALL. I ask unanimous
sador there is of utmost importance. making more investments than we are, consent that the order for the quorum
Now, how about Michelle Kwan? and yet Panama still desires to have a call be rescinded.
Exceptionally qualified to take on very close relationship with the United The PRESIDING OFFICER (Ms.
this challenge. She has had an incred- States. BALDWIN). Without objection, it is so
ibly distinguished career in public And there is more. ordered.
service and diplomacy and especially Recently, Panama, Costa Rica, the The junior Senator from Kansas.
sports. Dominican Republic, and Ecuador no- UNANIMOUS CONSENT REQUEST—S.J. RES. 63
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She is the most decorated figure ticed democratic backsliding in the Mr. MARSHALL. Madam President, I
skater in U.S. history, having won 43 Americas and announced the formation rise today in order to ask for unani-
championships, including 5 world of something called the Alliance for mous consent to pass S.J. Res. 63, a
championships, 9 national titles, and 2 Democracy and Development. They resolution to terminate the COVID–19
Olympic medals. want to band together, four democratic national emergency declaration. It has
Michelle became the first-ever U.S. nations, and be proudly pro-democracy been more than 21⁄2 years since the na-
Public Diplomacy Envoy in 2006, 16 in a region where we see too much tional emergency concerning the novel
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5129
coronavirus disease outbreak was de- ties provided by the emergency dec- Here is what I think is important for
clared, and it has been extended now laration that allow this administration the public to know about this proposal.
twice already by President Biden since to justify infringing upon your rights It is that in the real world, the Mar-
the initial proclamation, most recently and validates their continued expan- shall proposal is a prescription for less
in February of this year. sion of inflationary government spend- flexibility and more redtape in Amer-
It is this declaration, coupled with ing and social programs. ican healthcare. I want to be very spe-
other additional emergency powers It was this government-imposed state cific.
currently invoked by the President, of emergency that justified their con- Every Member of this body under-
which this administration is using to tinued lockdowns of small businesses stands that America has a serious
supersize government in order to con- and schools. It was this government- shortage of nurses and healthcare pro-
tinue their reckless, inflationary imposed state of emergency that justi- viders. Every single time we go home—
spending spree and enact their radical, fied their vaccine and mask mandates I am sure this is the case for our col-
partisan agenda. In fact, the White that continue to this day in too many league from Kansas, who is a physi-
House uses these emergencies to justify instances. It was this government-im- cian. He hears from physicians and pro-
their inflationary, out-of-control posed state of emergency that justified viders. Every time we are home, we
spending, their unconstitutional vac- President Biden’s and congressional hear from healthcare providers. I see
cine and mask mandates, and to for- Democrats’ inflationary spending the Presiding Officer of the Senate has
give student loans. binge, starting with the $1.19 trillion been a very strong advocate for
This is not the first time I have come American Rescue Plan last year and healthcare improvement for patients
to the floor to terminate this emer- their curiously and inappropriately and providers. Every time we are home,
gency declaration. In fact, in March, I named Inflation Reduction Act this we hear about the need for more
brought an identical resolution to this summer. Most recently, it was the na- healthcare providers.
floor under the expedited procedures tional emergency declaration that al- Right now, there are requirements in
contained in the National Emergencies lowed the President to extend the pay- Medicare for a lengthy process that
Act that passed this body by a vote of ment pause and cancel up to $10,000 in must be completed before it is possible
48 to 47. At that time, the status of the outstanding federally held student loan to hire healthcare providers to serve
virus in this Nation had greatly im- balances and $20,000 for Pell Grant re- Medicare patients. If the Marshall pro-
proved since the dark, early days of the cipients. posal goes into effect as written,
pandemic. Everyone ages 12 and over This rallying cry of the far left that
Health and Human Services could not
was eligible for a booster shot if they the President is pandering to will cost
waive this complicated process to take
wanted further inoculation. More than the Federal Government $420 billion—
care of patients. So that would leave
550 million shots had been adminis- $420 billion—according to the Congres-
our country short of healthcare pro-
tered in the United States, with 215 sional Budget Office. The Wall Street
viders when there is an acute, even
million people being fully vaccinated. Journal called the move ‘‘an unprece-
more serious need for them.
Two oral anti-virals had been made dented act of peacetime fiscal reckless-
available for certain patients, and ness.’’ And every American knows this I am just going to close with this be-
monoclonal antibody treatments were is inflationary. cause we are all hoping to be home
available for those at high risk of be- This is exactly the problem. The over the next week or so. When I am
coming seriously ill. Biden administration is keeping Amer- home, I always do these open-to-all
Fast-forward to today, 6 months icans under the strain of the national townhall meetings. I go to every one of
later, and the status of our immunity emergency declaration as if we are not my counties every year. I have had
and ability to fight the virus in the living in a time of peace, as if we are more than 1,020 of them—open to all,
United States has improved further living in a time of war that requires ask whatever you want. I have never
still. More than 660 million doses have the full force of the Federal Govern- had a constituent at home, an Orego-
been administered, and 225 million peo- ment—rights and fiscal responsibility nian, say: RON, what we need is more
ple are fully vaccinated—nearly 70 per- be damned—in order to respond to this complicated processes and redtape in
cent of the population. If you include crisis. American healthcare. Usually, they are
natural immunity, immunity gained In order to rein in this massive ex- talking to us about waiving things.
through natural infection, the CDC pansion of government, to slow down For those reasons, Madam President,
stated just last month that approxi- inflation, and restore Americans’ fun- I object.
mately 95 percent of Americans over damental rights, we must take the im- The PRESIDING OFFICER. Objec-
the age of 16 have some acquired level portant step of terminating the tion is heard.
of immunity. Everyone ages 12 and COVID–19 national emergency declara- The junior Senator from Kansas.
older can receive Omicron-specific tion. I encourage all my colleagues to Mr. MARSHALL. I certainly appre-
boosters, and we have a growing roster join me in supporting doing so. ciate the chairman’s comments and his
of anti-viral drugs and monoclonal Madam President, I ask unanimous
sincere commitment. We certainly
antibodies that are helping vulnerable consent that the Committee on Fi-
share some of the same goals.
populations avoid life-threatening in- nance be discharged from further con-
fections. sideration of S.J. Res. 63 and that the Practicing medicine in rural Kansas
Now, this is not the time to ignore Senate proceed to its immediate con- for 25 years, we have been faced with
the individuals still struggling with sideration. I further ask that the joint physician shortages for decades, with
COVID or those who are tragically resolution be read a third time and nursing shortages for decades, and we
dying with the virus, but it does dem- passed and that the motion to recon- both agree that is a problem. But the
onstrate that we have made major ad- sider be considered made and laid upon difference is, I don’t think that the
vances in our fight against COVID–19 the table. government is the solution to the prob-
and entered a less dire, more endemic The PRESIDING OFFICER. Is there lem; I think that the government has
phase. In fact, even President Biden re- objection? created the problem, that physicians
cently acknowledged during a ‘‘60 Min- Mr. WYDEN. Reserving the right to and nurses are so tired of dealing with
utes’’ interview that the ‘‘pandemic is object, Madam President. all the redtape, all the continuing bur-
over.’’ The PRESIDING OFFICER. The sen- den that the ACA has put on us.
Of course, the President’s handlers ior Senator from Oregon. I am so proud of the doctors and
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immediately walked back this claim to Mr. WYDEN. Madam President, I just nurses. When this country called for
argue that the pandemic is, in fact, not went over to our colleague from Kansas them in an emergency, we—including
over. But why? Why would the Federal and told him that I would much rather myself—volunteered, rushing to the
officials calling the shots in the execu- be on the floor this afternoon working frontlines of the emergency rooms to
tive branch not want to declare this in a bipartisan way on something like take care of patients. Now this Con-
pandemic over? Because it is the this, and I hope that can be part of gress is going to reward them with a
fearmongering and the robust authori- Senate proceedings in the future. pay cut, by the way.
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S5130 CONGRESSIONAL RECORD — SENATE September 28, 2022
But this is not the solution to the on for his role in distributing fentanyl Representatives when we had crack co-
doctor shortages or the nurse short- to unsuspecting users in Minnesota. caine appear in the United States for
ages. The solution is to respect the pro- Eleven people died. They thought they the first time. It scared us because it
fession, to remove some of the redtape. were buying illicit Adderall. When he was cheap; it was deadly; addictive;
Allow us to be doctors and nurses. heard about the deaths, the dealer and for the women who were pregnant
Don’t make us be tied down with issues asked his Chinese suppliers for a dis- who had taken it, it did harm to the
like prior authorization, which I know count on his next shipment. babies they were carrying. So we de-
your committee is seriously consid- That same week, another drug dealer cided to make sure that we were going
ering as well. We appreciate your work was arrested just minutes from the to do the right thing in our War on
on that as well. Capitol Building, where we stand—in Drugs.
Certainly, I do have people who come Silver Spring, MD—for killing a child What we said was—listen closely—
to my townhalls—and, like you, we with a fentanyl pill, which he said was the penalty for crack cocaine would be
have been to 100 counties in the past 2 Percocet. He was hiding the fentanyl- 100 times the penalty for the use of or-
years. We have five left to go. And laced, fake Percocet pills inside small dinary cocaine—100 times. The penalty
what people ask me is: Why do our kids bags of marijuana. for using cocaine in general was al-
in the Head Start Programs still need Last week, a few minutes in the ready serious. One hundred times, we
to wear a mask? Do they do any good? other direction, a trafficker was tried said, for the War on Drugs. I voted for
Why are there still vaccine mandates in Northern Virginia for distributing it. I thought, finally, a message will
out there? Why is this government con- cocaine laced with fentanyl at a party. come from the Congress that, if you
tinuing inflationary spending? Six partygoers overdosed. One died. touch crack cocaine, you are going to
It is my feeling that this emergency These cases happen every day. Drug be in for it. We expected that fewer
declaration allows the President and addicts are especially lulled into a people would do it because of the fear
the White House to expand those pow- false sense of safety by fake prescrip- of that criminal sentencing and that
ers to take our constitutional rights tion pills, believing them to be medi- the price of crack cocaine would go up
away from us. cine for which they have some past ex- because the demand was limited.
You know, again, I have encouraged perience. That is why fake prescription Guess what happened—exactly the
people to take the vaccine and do all drugs are on the rise. Federal law en- opposite, exactly the opposite.
the right things. But I still think it is forcement encountered as many fake More and more people used crack co-
time to end the emergency. Give us our prescription pills in 2021 as in the pre- caine, and the price on the street went
God-given constitutional rights back. I vious 2 years combined. down to dirt level. The result was we
think we should support ending this If Democrats refuse to help Repub- started filling our prisons in a way
declaration of emergency. licans keep all fentanyl variants off that we had never seen before in the
I yield the floor. history of the United States: 500 per-
the streets, hopefully, we can at least
The PRESIDING OFFICER. The Sen- cent of the prison population of just 20
agree on keeping deceptive fentanyl
ator from Arkansas. or 30 years ago increased in that period
traffickers behind bars. My bill would
UNANIMOUS CONSENT REQUEST—S. 4984 of time.
establish that any drug trafficker who
Mr. COTTON. Madam President, the We learned the hard way that getting
knowingly misrepresents fentanyl as
United States is in the midst of the tough wasn’t always the smart way to
though it is something else would be
deadliest drug epidemic in our Nation’s deal with drug addiction. We thought
subject to 20 years in prison. If the
history, caused by the most lethal about it, and we changed the law sev-
criminal has a prior felony criminal eral times. I have been party to chang-
drugs ever created.
More than 108,000 Americans died last record or if its misrepresentation kills ing it. I voted for the original version,
year from drugs—more than 108,000— someone, then the criminal would be and it failed. We had to do better.
which is almost double the number of subject to life in prison or would even Then something happened that was
Americans killed in the entire Vietnam be eligible for the death penalty. There dramatic—opioids. Out of nowhere
war. That is the worst slaughter of can simply be no leniency for people came opioids, and what used to be a
American citizens by drug dealers and who trick unsuspecting users into tak- problem of drug addiction and death in
traffickers on record. ing deadly fentanyl. the inner cities of America became a
The biggest killers, by far, were lab- Madam President, I ask unanimous problem of drug addiction and death in
made opioids, most notably fentanyl, consent that the Senate proceed to the the suburbs of America, in the farm
which are cheap to produce and easy to immediate consideration of S. 4984, towns of America—all over America.
mix with other street drugs. These le- which is at the desk. I further ask that Interestingly enough, America started
thal cocktails have devastated count- the bill be considered read a third time looking at our drug laws and our drug
less families and communities across and passed and that the motion to re- addiction and saying: What are we
our Nation. Too many parents have consider be considered made and laid doing wrong here? What is wrong with
come home to a dead child who has upon the table. this situation?
mistakenly taken a prescription pill or The PRESIDING OFFICER. Is there As a consequence, a lot of attitudes
a so-called party drug that might have objection? changed. People got away from the old
been laced with fentanyl. Indeed, al- The Democratic whip. ‘‘just say no’’ routine and started ask-
most no one dies of a fentanyl overdose Mr. DURBIN. Madam President, in ing serious questions: How do we deal
thinking he took fentanyl. It is laced reserving the right to object, I worried with drug addiction? How do we stop
into other drugs. this morning that the Senator from Ar- this addiction? It is not easy to stop it,
That is why, repeatedly, over the kansas was going to offer this unani- but God knows we need to. So we have
past 2 years, I and many of my col- mous consent request on the floor of seen a transformation with the arrival
leagues have offered a measure to keep the Senate this afternoon. I was a little of opioids.
it illegal to traffic new variants of bit surprised. I wasn’t aware of this Now, the Senator from Arkansas is
fentanyl, but, each time, a Democrat bill. We have been members of the correct. People are lacing these opioids
has blocked that measure. Later today, same committee, the Judiciary Com- with fentanyl, and fentanyl is deadly;
they will do so again. mittee, for 21 months, and the Senator there is no question about it. We
Perhaps we can at least agree on one from Arkansas has not raised the bill should take it seriously, and we do. As
thing: We should have no tolerance for during that period of time. But it is his a matter of fact, each judge, when im-
right to come to the floor today and
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people who willingly trick addicted posing a sentence for crimes already
drug users or other innocent persons ask that it be considered. I would like involving fentanyl, is pretty serious
into taking deadly fentanyl by telling to tell you why I am going to object to about it. I just heard the Senator from
them it is really something else. This this. Arkansas describe a situation in which
happens every day with heartbreaking If you serve in Congress for any pe- someone in Minnesota got life in prison
consequences across the country. riod of time, you become a student of for the sale of a fentanyl product. So it
For example, just 2 weeks ago, a drug the terrible drug problems of America. is clear that it is not being ignored, nor
trafficker was sentenced to life in pris- I recall a period of time in the House of should it be.
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5131
Intentionally selling fentanyl is al- the entire Iraq war. Almost 35 times as thousands of illegal aliens whom the
ready a crime all over the United many have died as on 9/11. Yet the DHS calls got-aways.
States. Representing that fentanyl is Democrats repeatedly refuse to crack President Biden could declare
something else is exactly the kind of down on deceptive fentanyl dealers. fentanyl-peddling cartels to be ter-
aggravated factor a judge takes into As I have mentioned, I have also of- rorist organizations, but he has refused
account in the sentencing. I don’t be- fered bills in the past that would per- to do so. So the bill that I am about to
lieve this bill is a serious effort to deal manently add fentanyl to the Con- bring up would give him additional
with the problem in light of what we trolled Substances Act scheduling. The tools, short of labeling these cartels
know today. Democrats refuse to do so. They will do ‘‘terrorists.’’
Let’s start with the fact that it cre- it temporarily from time to time, but My bill would create a new designa-
ates a new Federal death penalty of- they want a trade. They want to get a tion called a significant transnational
fense. trade for something. They want to ei- criminal organization, and it would en-
Well, I have to tell you that I have ther reduce sentences or let prisoners able the Federal Government to impose
watched a lifetime—a political life- out. This is whether they are Demo- many of the same sanctions and use
time—of death penalty cases and have cratic Senators or Democratic Gov- many of the same tools against cartels
seen the result. I have my serious ernors in places like Illinois, in their that it already does against terrorist
doubts that that is the best way for eliminating the bail system, or wheth- organizations like al-Qaida and ISIS.
America to go. I think the gentleman er they are Democratic mayors or Those would include barring cartel
from Arkansas realizes it. I am the Democratic prosecuting attorneys in members and their immediate families
lead sponsor, along with 20 others, of places like Chicago. As a result, we
from entering the United States, freez-
the Federal Death Penalty Prohibition have a crimewave and a drug epidemic
ing assets belonging to the cartels to
Act—to repeal it once and for all. So I all across America.
Let me just reiterate. The bill I just hit their wallets and to keep them
am concerned about any legislation from profiting off of death and destruc-
that imposes the death penalty. offered, which the Senator from Illi-
nois blocked, would simply say that tion, and enabling civil and criminal
It also creates mandatory minimum penalties for anyone who provides ma-
sentences that don’t allow judges to you cannot sell another drug and not
acknowledge that fentanyl is in it; that terial assistance or resources to the
consider the individual circumstances cartels.
in a case. you cannot misrepresent what you are
selling. The Democrats are going to block a
That is straight out of the failed doc- bill later today that would keep new
trine of the War on Drugs—a manda- It is not just opioids. It is not just
heroin. It is even marijuana. It is pills fentanyl variants illegal. They just
tory minimum. Tie the judge’s hands. blocked another bill that would target
Put people in jail, and basically say that are passed off as mere prescription
drugs, like in some of the examples I drug traffickers who trick people into
there will be unlimited amounts of taking the fentanyl that kills them. I
time that they will spend there. People gave—Adderall, OxyContin, Percocet—
that people all across the America are hope at least Democratic Senators
were getting 20- and 30-year sentences would be willing to say that we should
dying from.
for the sale of narcotics like crack co- give the Biden administration more
UNANIMOUS CONSENT REQUEST—S. 621
caine, and we soon realized that it tools to use against the Mexican car-
didn’t make sense over the long haul. Madam President, let’s take another
angle on this problem. Almost all of tels, some of the worst and most de-
It was 20 years for a single drug sale, praved criminals on Earth.
these drugs come from Mexico. Almost
which goes up to mandatory life in
all of the drugs in America today come Therefore, Madam President, I ask
prison if a defendant has any prior fel-
from Mexico. Almost all come from a unanimous consent that the Com-
ony conviction, no matter if it has zero
handful of vicious, depraved cartels in mittee on the Judiciary be discharged
relationship to drugs or is based on a
Mexico—cartels that have taken on the from further consideration of my bill,
defendant’s immigration status.
powers of a quasi-state, cartels that S. 621, the Significant Transnational
I don’t believe that is the right way
the Mexican Government either cannot Criminal Organization Designation
to go. It wasn’t with the War on Drugs.
or will not crack down on. So let’s look Act, and that the Senate proceed to its
We learned the hard way. I want to get
at it from that perspective. It is past immediate consideration; further, that
tough on the drug sales, and I am sure
time that we bring the full weight of the bill be considered read a third time
the Senator from Arkansas feels the
the U.S. Government to bear on these and passed, and the motion to recon-
same way. We approach it differently. I
cartels and to destroy them for what sider be considered made and laid upon
have the experience of trying to take
they are unleashing on our streets. the table.
the hard position on this issue and of Imagine if ISIS or al-Qaida set up
seeing that it failed when it came to The PRESIDING OFFICER. Is there
shop across our border and was respon- objection?
crack cocaine. sible for more than a hundred thousand
For that reason, I object. Mr. DURBIN. Reserving the right to
American deaths every single year. object.
The PRESIDING OFFICER. Objec- What would we do? What would you do?
tion is heard. The PRESIDING OFFICER. The
I know what we wouldn’t do. We Democratic whip.
The junior Senator from Arkansas. wouldn’t hesitate to act, and that is
Mr. COTTON. Madam President, Mr. DURBIN. The Senator from Ar-
exactly what we should do with these
what we heard is a lot of the same ex- kansas’ views on immigration are well-
Mexican cartels.
cuses that the Democrats have made Unfortunately, President Biden has known. He has been consistent in op-
for years about being soft on crime and done the opposite. Since the day he posing immigration, but it is inter-
their claims about mass incarceration took office, he has flung open our bor- esting to me that people like him who
or systemic racism or what have you. ders, created a border crisis, and made oppose immigration always, at the end,
I would point out that almost no it easier than ever to smuggle massive seem to go after the same people:
one—almost no one—is in Federal pris- amounts of illegal drugs into the mothers and children.
on for mere drug possession. It is a United States. We saw it with the cages the kids
myth that there are low-level, non- Already this year, the Border Patrol were kept in. We saw it when kids were
violent offenders in prison because has found over 12,000 pounds of forcibly removed from their parents at
they are addicted to drugs. fentanyl being smuggled over our bor- the border during the Trump years. We
Where we are is at a 21-year low in have seen it time and again, and now
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ders—12,000 pounds. You may not be
the number of Federal inmates we able to put that in perspective. Let me we see it with the Governor of Florida
have. Do you know where we are not put it in perspective for you: It is and the Governor of Texas putting
at? A 21-year low in drug deaths—the enough to kill every man, woman, and mothers and children on buses and bus-
highest on record every single year, child in America many, many times ing them hundreds of miles away from
year after year. Almost twice as many over. where they were picked up, whether
have died as in the Vietnam war. Al- That doesn’t even include any there is any contact there or not.
most 24 times as many have died as in fentanyl brought in by the hundreds of Mothers and children are always a
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S5132 CONGRESSIONAL RECORD — SENATE September 28, 2022
focal point of anti-immigration rhet- The American people can see which fickers who misrepresent their drugs
oric, and, once again, this bill does party is passing legislation and actu- and say they don’t contain fentanyl.
that. ally funds law enforcement, addresses The Senator from Illinois blocked it on
I agree completely when it comes to crime and violence in a thoughtful behalf of the Democrats.
stopping transnational criminal orga- way. And they can see, when the bills Just now, we tried to give the Biden
nizations, but to focus the bill on inno- come up on the floor, one party gives administration more tools to target
cent spouses and children, including the speeches; the other party gets the the cartels that are smuggling these
minor children, and make them the votes. drugs into our country, that are killing
target of the bill seems to me going be- I am going to continue to vote to a hundred thousand of our fellow citi-
yond any reasonable law enforcement. support the police and put an end to zens. Again, on behalf of Senate Demo-
There is a narrow exception in the this drug crisis in America in a crats, the Senator from Illinois
bill that allows a spouse or child to be thoughtful and sensible way. blocked it.
admitted to the United States if they I object. I say, again, over 108,000 Americans
can somehow convince the consular of- The PRESIDING OFFICER. The ob- were killed by drugs last year. Yet the
ficer that they did not know or could jection is heard. Democrats continue to refuse to crack
not reasonably have known of their The junior Senator from Arkansas. down on drug traffickers and cartel
spouse’s or parent’s membership in a Mr. COTTON. Madam President, I kingpins.
criminal organization. But there is no think we know who is soft on crime. It Some of my other colleagues are
exception for battered spouses or chil- sounds like I hit a nerve. I didn’t stand going to offer similar bills today, just
dren who are often victims of these or- up here saying I am not soft on crime like I am going to offer, yet again, my
ganizations themselves. And the bill five or six times in a row. It is the Sen- permanent fentanyl scheduling bill
gives what appears to be unreviewable ator from Illinois who said that, just that would stop the annual Kabuki
discretion to these consular officers to like Senate Democrats have been say- dance here of the Democrats demand-
decide whether an innocent spouse or ing it for the last several months, just ing some pro-criminal law just so we
child has renounced the organization. like their candidates all across Amer- can permanently add fentanyl to the
These transnational criminal organi- ica are saying it. Controlled Substance Act schedule.
zations must be sanctioned and Let’s look at the first bill he men- Think about that. At a time when
stopped, but this is not the way to do tioned, the American Rescue Plan. You 108,000 Americans are dying every sin-
it, going after mothers and children. know what that is, right, the American gle year—that is not an aggregate
I want to make a point, since the Rescue Plan? That is their $2 trillion number, every single year—the Demo-
Senator concluded after my last state- wasteful spending bill from last spring crats refuse to act if they don’t get
ment that I am somehow soft on crime. that is responsible for 13 percent infla- something in return on behalf of crimi-
Can I go through a short list here of tion. nals, if they can’t reduce drug sen-
bills that I voted for to get tough on Do you know what is also included in tences for hardened criminals, if they
crime? it? A measure that would get stimulus can’t let more felons out of prison. It
Let’s take a look at this bill, the shows a depraved indifference to the
checks to prisoners. That is right—de-
American Rescue Plan. That American lives of our people.
praved, violent felons; murderers and
Rescue Plan passed in the U.S. Senate I yield the floor.
rapists and drug traffickers all across
and provided billions—billions—of dol- The PRESIDING OFFICER. The
America. People like the Boston mara-
lars to State and local communities for Democratic whip.
police and crime protection—more thon bomber got stimulus checks last
Mr. DURBIN. Madam President, pass-
money for police and crime protection year because the Democrats believe
ing legislation is difficult at any stage
from this Senate to those commu- that criminals are really, at heart, vic-
in American history. It is increasingly
nities. I voted for it. The Senator from tims as well, victims of an oppressive
difficult when it is a 50–50 Senate. You
Arkansas voted against it. society and system.
have to work it. You have to be willing
Then the Congress passed the Infra- If I am not mistaken, when I offered
to sit down with someone from the
structure Investment and Jobs Act. In my amendment to prevent prisoners
other side of the aisle and find a co-
that bill was a $430 million investment from getting stimulus checks, I think
sponsor so that you have a bipartisan
in our ports of entry, helping DHS to it was the Senator from Illinois who
bill.
screen vehicles for fentanyl. You see, stood up and blocked it. I know that he I have seen that work. In fact, I was
these drugs come through ports of voted against it. I know that he wanted part of it. It was Senator CHUCK GRASS-
entry. This idea of a backpack full of prisoners to get stimulus checks. That LEY and I who put together the FIRST
drugs being hiked over the border by is what he is talking about. STEP Act, which was part of prison re-
someone in the middle of the night, What about his objection to this bill, form—significant prison reform—in
that is not where the bulk of these that it is going to target mothers and this country.
drugs come from. They come through kids, the poor mothers and children of Who signed the FIRST STEP Act?
the ports of entry. So we put a $430 mil- drug kingpins, a very common feature President Donald Trump.
lion investment to make those ports of of American sanctions efforts—in fact, Soft on crime? What we did was work
entry even stronger and tougher. sanctions efforts that we are doing ex- out something that was bipartisan,
I agree with that completely, helping actly against Russian oligarchs and re- sensible, and really makes a difference,
the Department of Homeland Security gime figures, which I support, by the and makes certain that people cur-
to screen vehicles and stop fentanyl way. I support. No, the wives and the rently serving in prison will one day be
from coming in. I voted for that. The children of Russian oligarchs and Mexi- released—most will—and not return to
Senator from Arkansas voted no. Who can cartel kingpins should not benefit crime when that happens. I think that
is soft on crime? from their ill-gotten gains. was time well spent, but it took a bi-
Then we passed the March Omnibus But I care more about the lives of partisan effort.
appropriations bill—tens of millions of American citizens—the hundred thou- I could have come to the floor every
dollars in increased funding for hiring sand-plus American citizens whom we day of the week and offered my best
police officers and technology upgrades lose every single year—than anyone idea on how to fight crime, but if you
at the border to detect and seize else in the world. can’t pass it on a bipartisan basis in
fentanyl and other illicit cargo. I voted The Biden administration’s policy, the Senate, it doesn’t work.
though, is that we will use this tool
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for that. The Senator from Arkansas It takes a lot of hard work and a lot
voted against it. Who is soft on crime? against Russians, but we are not going of patience and compromise to make a
And when we passed the Bipartisan to use it against Mexican cartel mem- real change in the law. Even if you
Safer Communities Act, the most seri- bers. I think that goes to show you think you have the best idea on Earth,
ous bipartisan step Congress has taken where their priorities are. you have to work at it.
to end gun violence in 30 years, I voted Again, just to recap, we tried to pass I yield the floor.
for it. The Senator from Arkansas legislation that would have imposed The PRESIDING OFFICER. The sen-
voted against it. Who is soft on crime? heightened penalties on drug traf- ior Senator from Nevada.
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5133
FIVE-YEAR ANNIVERSARY OF LAS VEGAS, they could not imagine what children that drug companies have to pay the
NEVADA, SHOOTING who survived Uvalde were going PBMs. The scheme encourages
Ms. CORTEZ MASTO. Madam Presi- through, and so they were in Wash- drugmakers to spike the list price of
dent, 5 years ago this Saturday, my ington to call, once again, for change. the drug to offer a greater rebate. And
hometown of Las Vegas endured one of This time, they succeeded. then do you know what happens in
the darkest days in its history. On a Over the summer, Congress passed turn? Secure priority placement on a
beautiful autumn evening, the Route 91 and the President signed the Bipar- health plan’s list of covered medica-
Harvest Music Festival was interrupted tisan Safer Communities Act, which tions. We have to hold PBMs account-
when a gunman showered the concert contains a range of commonsense pro- able, then, if you really want to lower
with bullets from a high-rise hotel visions to reduce gun violence in Amer- prescription drug costs.
room. Those who were at the festival, ica. I can’t emphasize this accomplish- In 2018, I called on the Federal Trade
including my niece, at first thought ment enough. People thought that Commission to assess consolidation in
the gunshots were fireworks, but they passing bipartisan gun safety legisla- the pharmaceutical supply chain and
soon realized that something much tion was impossible, but because of the its impact on drug prices, but I didn’t
more deadly was unfolding. work and the dedication and advocacy wait for the FTC to act. I introduced
Fifty-eight people lost their lives of so many, including Route 91 sur- the Prescription Pricing for the People
that night, and two more have died in vivors like Marisa and Geena, we got it Act with Senator CANTWELL, and it was
the years since the attack. Over 850 done. approved out of the Judiciary Com-
people were wounded, and tens of thou- I am especially proud that I was able mittee unanimously last year.
sands who attended the concert or to help secure enhanced background A few months ago, the FTC agreed to
helped respond to the shooting bear the checks for those under 21 years of age conduct a study of PBM business prac-
visible and invisible scars of that as well as additional mental health tices. This is very welcomed news, but
night. funding that is needed in our schools. the FTC needs to complete this study
It is hard to overstate the scale of Many survivors will be the first to say and do it in a timely way. Last week,
the devastation of that night, and it re- the work isn’t finished yet. That was a I asked FTC Chair Kahn about when
mains the worst mass shooting in mod- first step; we still have more to do. And the PBM study would be completed.
ern American history. As soon as the I agree with them. They are going to Chair Kahn didn’t commit to a date.
gunfire broke out, first responders continue to push for commonsense re- While we need more sunshine on the
sprang into action, as did ordinary citi- forms, and I will support them as I al- PBMs, we don’t need to wait to take
zens, turning concert barriers into ways have. Because these shootings are some action. Senator CANTWELL and I
stretchers and trucks and cars into just devastating for whole commu- have introduced the PBM Trans-
makeshift ambulances. Doctors and nities, we have to do something. I parency Act, and it has been approved
nurses rushed to hospitals, and thou- know for many in Las Vegas and all by the Commerce Committee on a 19-
sands of people lined up all over the over Nevada—this week especially— to-9 vote. The bill prohibits PBMs from
State to donate blood. Individuals and will bring difficult reminders of that engaging in spread pricing and
businesses contributed food, blankets, dark day 5 years ago, but it will also clawbacks. Both spread pricing and
airline tickets home, or whatever sur- bring a renewed determination to heal, clawbacks are actions that game the
vivors might need. to memorialize, to honor those who system and hurt consumers.
At the worst of times, Nevadans were affected, and to work toward a
came together to support one another, When the majority party pursued a
safer future. partisan, reckless spending-and-tax
and they have worked to help each Madam President, I will continue to
other ever since. Local businesses have package that they called the Inflation
stand with my hometown and with
supported the construction of a healing Reduction Act, I filed the Grassley-
those survivors not only in Nevada but
garden. The commission working on a Wyden Prescription Drug Pricing Re-
across the country and to do every-
permanent memorial continues to duction Act as an amendment that had
thing that I can to work for the same
make progress, and this summer it in- 10 Republican cosponsors. I did that in
goals that they care about.
vited the public to participate in its I yield the floor. order to show that the majority party
planning. And scholarship funds and The PRESIDING OFFICER. The sen- could have chosen to pass drug pricing
activity groups continue their work to ior Senator from Iowa. reform on a bipartisan basis if the ma-
support the children of victims and PRESCRIPTION DRUG COSTS
jority wanted to do that. The bill es-
survivors. Mr. GRASSLEY. Madam President, tablishes PBM accountability and
And this weekend in Las Vegas, as a leading advocate for lower drug transparency, something missing from
thanks to the work of the Vegas Strong prices in the Senate, No. 1, I have the Inflation Reduction Act.
Resiliency Center, bereaved families, hauled Big Pharma and pharmacy ben- So, Madam President, we have bipar-
survivors, first responders, and commu- efit managers’ executives before my tisan prescription drug legislation
nity members will light lanterns to- committee of Congress; second, I led a awaiting action. We don’t have to wait
gether to honor the strength, the light, 2-year bipartisan investigation into in- until 2026 for what happened in August
and resilience of the Las Vegas commu- sulin price-gouging; and three, intro- in the Inflation Reduction Act to get
nity. duced bipartisan reforms to lower the anything done because that doesn’t
The fact is, though, that trauma cost of insulin and many other pre- take effect until 2026. This includes the
leaves its marks. Many of those scription drugs. In the past few years, bipartisan plan to lower insulin prices
touched by the Route 91 attack say legislation I have championed into law and my two bills to hold PBMs ac-
that the shooting created a permanent has saved the taxpayers $9.6 billion. countable. That is what we need bipar-
before and after for them. It fundamen- Right now, the Senate is not acting tisan action on in the U.S. Senate.
tally changed their lives. And America on bipartisan legislation to lower drug I have also led out of the Judiciary
has seen far too many of these mass at- costs. I support a bipartisan plan by Committee three bipartisan bills to es-
tacks, from Orlando to San Jose, Park- Senators COLLINS and SHAHEEN that es- tablish more competition to lower pre-
land to Buffalo. More recently, of tablishes a $35 out-of-pocket cap on in- scription drug prices. They save tax-
course, this summer saw the horrific sulin for patients with private insur- payers a combined $1.9 billion.
shooting in Uvalde, TX, of 19 students ance while also reforming PBMs, the So the Senate must act on six bipar-
and 2 teachers. powerful middlemen who are behind tisan bills. Collectively, they lower in-
SSpencer on DSK126QN23PROD with SENATE
In the wake of Uvalde, Route 91 sur- rising drug prices. If you don’t address sulin costs, secondly hold PBMs ac-
vivors Geena and Marisa Marano came PBM reform, a cap on out-of-pocket countable, and lastly establish more
to see me. They are sisters whose expe- costs will only result in shifting pa- competition to lower prescription drug
riences at the festival inspired them to tient costs somewhere else. prices.
work for change. They told me that In my 2-year bipartisan insulin inves- I yield the floor.
knowing how difficult it had been for tigation, we found that a drug’s list The PRESIDING OFFICER. The sen-
them as survivors of a mass attack, price is tied to rebates and other fees ior Senator from Tennessee.
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S5134 CONGRESSIONAL RECORD — SENATE September 28, 2022
RESTORING LAW AND ORDER ACT work that obviously our President and they were last year just to keep them-
Mrs. BLACKBURN. Madam Presi- the Democrats have chosen not to do. selves fed and their cars running. They
dent, last evening, I had the oppor- First and foremost, here is what the can’t afford to maintain a slush fund
tunity to get on the phone in a tele- bill would do. Our local law enforce- for far-left priorities when that money
phone townhall with citizens from Da- ment officers would be able to use could be put to use actually helping
vidson and Shelby Counties in Ten- these grants to hire more officers and clean up our streets, helping keep our
nessee, and crime was the No. 1 issue to train them to deal with violent communities safe, and helping to ap-
that people were talking about. And criminals. They will also be able to prehend drug dealers and keep them in
one of the points that came up several pull in more resources to combat inter- jail. That is where these dollars should
times was, Why is it that some of our state child trafficking between the be used.
colleagues across the aisle have stuck open border and the ease with which The final element of this bill would
with this prepackaged, zero con- criminals are using technology to tar- help us get to the root causes of the
sequences crime narrative that they get kids. This was something we could rape kit backlogs. In 2021, the U.S.
are still trying to sell to the American not afford to leave out of the Restoring Government spent $251,975,000 through
people? Law and Order Act. six separate programs to help law en-
Crime is an issue. And Tennesseans These grants would help commu- forcement conduct rape and sexual as-
aren’t buying the message. I don’t nities prioritize tough sentencing for sault investigations. Here is that
think the American people are buying repeat offenders and use responsible breakdown. And yes, indeed, Mr. Presi-
it because they are living with the bail practices and pretrial detention to dent, $251 million is a lot of money—
real-world consequences of the Demo- keep dangerous offenders behind bars. you are right. More than $24 million
crats’ refusal to work to get crime If housing is a problem, they will be was spent on advocacy programs; al-
under control. able to address it. If food items are a most $34 million to train forensic ex-
Now, a few days ago, I was watching problem, then there would be a way to aminers and their staff to collect and
the news, and I could not believe what address that. preserve DNA evidence, analyze it, and
I was seeing. Young people were ran- We are also going to make these present it in the courtroom; $4 million
sacking a convenience store. They were grants available to departments that to train and provide resources to med-
doing this in full view of the cameras, need help targeting drug crime and get- ical personnel who treat victims of sex-
continuing to talk to one another, just ting fentanyl off the streets. Sheriffs in ual assault; almost $90 million to get
going through ransacking that store. Tennessee tell me that around 80 per- first responders and forensic testing ca-
Now, I know I would like to say that cent of the drugs that they are seiz- pabilities in rural areas up on par with
was an isolated incident, but we all ing—80 percent—contain fentanyl, urban areas; and $158 million just to
know that this is not an isolated inci- which means there are a lot of people address the backlog.
dent. What is happening is, this has be- out there who are ingesting fentanyl Hundreds of millions of dollars have
come a trend in many of our cities. The and dying without ever knowing that been invested, and still it seems we
numbers aren’t working in our favor they were taking something laced with cannot get these rape kits processed.
when we talk about this trend, whether fentanyl. This is also putting law en- Sometimes it takes a full year to get
you are talking about theft or van- forcement at considerable risk. At these results.
dalism or something much worse. least one Tennessee officer is lucky to I want to use one grant program as a
Here are some stats. Since 2019, be alive after accidentally coming into case study to demonstrate the problem
homicide rates in our largest cities are contact with fentanyl. that we are seeing. An audit of the Sex-
up 50 percent. That is since 2019. Aggra- Last but not least, we are going to ual Assault Kit Initiative found that
vated assaults are up 36 percent. Last encourage law enforcement to make between 2015 and 2021, we sent $266 mil-
year, 108,000 Americans died of a drug use of these grants to clear the inves- lion to 75 grantees in 40 States and DC
overdose; 4,000 of those were Ten- tigatory backlog and get evidence to process these kits, to process and
nesseans. processed as quickly as possible. obtain this evidence. In that time, they
Now, we can continue to engage in a So much of our focus has been on only managed to clear a little over half
cable news proxy war or we can do urban areas because cities like Phila- of a 136,000-kit backlog.
something about this. We, as law- delphia, Washington, DC, and Memphis Now, bear in mind, these kits are the
makers, cannot control what the pun- are struggling when it comes to con- kits that contain the DNA evidence of
dits and the activists say, but we can trolling homicides, carjackings, and violent offenders. These are individuals
do something to help the millions of other crimes that are really fright- who have committed violent sexual as-
Americans who have become or are at ening to people, but rural areas of my saults. Every one of these should be
risk of becoming victims of violence. State are also seeing unprecedented processed as a rush order—but no.
Back home in Tennessee, the sheriffs levels of crime and drug overdose. So From 2015 to 2021, with $266 million
and other local officials whom I talk to to help these communities rise to the being sent to 75 grantees in 40 different
as I have done my 95-county tour, vis- challenge, this bill commits no less States and the District of Columbia,
iting with every county, these sheriffs, than 25 percent of its total grant allot- they managed to clear a little over half
these local officials, parents, prin- ment to rural and depressed counties. of a 136,000-case backlog. So you still
cipals—they are all telling me exactly Now, as I said, this grant program have tens of thousands of kits that are
why they are struggling to get this won’t spend an additional dime of tax- gathering dust, and that is just the
crimewave under control. Go talk to a payer money. The big IRS payday my ones in the custody of grantees from
police chief or a captain or go talk to Democratic colleagues snuck into the one single program.
a sheriff or a deputy, and they will tell so-called Inflation Reduction Act will This represents over 50,000 violations
you: lack of manpower, lack of funding, be put to better use. Here is how you do of trust and bodily autonomy, 50,000
and the Democrats’ soft-on-crime agen- it. Instead of using that money to hire worst night of an innocent man or
da. more bureaucrats to attack small busi- woman’s life, and 50,000 times the scum
We can help with the first two things nesses and independent operators, we of the Earth thought they committed a
right now without spending an addi- are going to use it to keep the commu- crime and they got away with it, but
tional dime of taxpayer money. That nities where they work safe from vio- they also represent 50,000 opportunities
lack of manpower, that lack of fund- lent criminals. for us to take that rapist or that vio-
ing—yes, this is something that we We also found that Joe Biden and the lent offender and put them in jail for
SSpencer on DSK126QN23PROD with SENATE
could take action on today if we chose Democrats have left a lot of their so- the rest of their life.
to. called emergency COVID funding lying The Restoring Law and Order Act
This month, Senator HAGERTY and I around, so we are going to put those will give the GAO a year to conduct a
filed a bill called the Restoring Law funds toward hiring more officers and study and prepare a report to explain
and Order Act that would establish a forensic examiners and clearing the why we haven’t been able to clear the
grant program to help State, local, and rape kit backlogs. Tennesseans are backlog. Why is it we cannot get these
Tribal law enforcement officials do the spending $616 more per month now than kits processed? They are going to look
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5135
for deficiencies in processing and also CIVIL RIGHTS COLD CASE INVES- S. 3655
let us know where and to what extent TIGATIONS SUPPORT ACT OF 2022 Be it enacted by the Senate and House of Rep-
rape kits aren’t available at all. resentatives of the United States of America in
Mr. OSSOFF. Mr. President, I rise Congress assembled,
This month, Tennesseans—especially this afternoon in pursuit of justice for SECTION 1. SHORT TITLE.
the people of Memphis—have been the Black men and Black women ab- This Act may be cited as the ‘‘Civil Rights
stuck in a vicious cycle of grieving and ducted, beaten, and killed during the Cold Case Investigations Support Act of
asking: What more could have been segregation era in the American South 2022’’.
done to spare the victims of two of the and in retaliation for their participa- SEC. 2. CIVIL RIGHTS COLD CASE RECORDS RE-
most notorious killers in recent mem- tion in the civil rights movement. VIEW BOARD EXTENSION OF TEN-
ory? URE.
I rise today to ask that the Senate
Section 5(n)(1) of Civil Rights Cold Case
We already know that at least one pass the Civil Rights Cold Case Inves- Records Collection Act of 2018 (44 U.S.C. 2107
brutal murder could have been pre- tigations Support Act to secure justice note; Public Law 115–426) is amended—
vented if the crime lab had been able to and pursue truth for the victims of (1) by striking ‘‘4 years’’ and inserting ‘‘7
reduce their processing time for rape those atrocities, for the victims of civil years’’; and
kits. Three more may have been pre- rights cold cases, and for their fami- (2) by striking ‘‘4-year period’’ and insert-
vented if the people responsible for lies—justice for folks like Alphonso ing ‘‘7-year period’’.
keeping criminals in jail had done Harris, a member of the SCLC who was Mr. OSSOFF. I yield the floor.
their jobs and forced a repeat violent murdered in Albany, GA, in 1966; jus- The PRESIDING OFFICER. The Sen-
offender to serve out a full sentence. tice for Ernest Hunter, who was killed ator from Wisconsin.
That didn’t happen. Four innocent peo- in a physical altercation at the Cam- UNANIMOUS CONSENT REQUEST—S. 1006
ple in Memphis are dead. den County jail in St. Marys, GA, in Mr. JOHNSON. Mr. President, I rise
The community is heartbroken, and 1958; justice for Caleb Hill, Jr., who was today to tell a story of one family’s
they are grieving. Last night, on our dragged at night from a Wilkinson tragedy but also of two wonderful peo-
telephone townhall, they talked a lot County jail in Middle, GA, in 1949 and ple who turned that tragedy into help-
about this. They talked about how it shot to death by a lynch mob. ing others and finding solutions.
has affected them and their commu- Decades may have passed, but the On May 15, 2014, a 19-year-old Wiscon-
nity. pursuit of justice cannot and will not sinite named Archie Badura died of a
Now, the left has spent 2 years end. I sat down in Wilkinson County a fentanyl overdose.
screaming at Congress to defund the few months ago with Caleb Hill, Jr.’s Two years later, I met his mother
police, pull law enforcement out of descendants, and in his name, they de- Lauri Badura, who testified before a
neighborhoods, and eliminate con- mand justice. By passing the Civil field hearing I held in Pewaukee, WI,
sequences for violent behavior, and it Rights Cold Case Investigations Sup- together with an emergency room doc-
is just plain frightening to see so many port Act and by doing it with the sup- tor named Dr. Tim Westlake, who tes-
of my colleagues continue to go along port of Democrats and Republicans in tified about the growing problem that
with that rhetoric. the U.S. Senate, we will demonstrate he was seeing in his emergency room
Tennesseans agree, and I think the that the United States will never rest with overdoses and, in particular,
American people agree also. They don’t in the pursuit of truth and justice for overdoses with, I think, a drug that we
want an unfair system. They don’t those who were lynched, abducted, all heard was somewhat new, fentanyl,
want innocent people to be behind bars. beaten, killed, and assaulted in the seg- a schedule II drug; one used in medi-
They want a system that works. They regation-era South and during the civil cine but one that had been altered, the
are tired of hearing that they are the rights movement. molecule changed, and produced in
problem—at least according to the I thank Senator CRUZ for his original China and shipped through our Postal
Democrats’ zero-consequences nar- cosponsorship of this bipartisan legis- Service and was killing people like Ar-
rative. That narrative has turned lation, and all of my colleagues on both chie Badura.
criminals into victims and innocent sides of the aisle, for bringing us now It was probably the first time I heard
people into villains and has left true to a point where, after much work, I of what was happening to fentanyl.
victims wondering who was there for hope that we can pass this legislation And so Dr. Westlake, because he was
them. There is nothing just or equi- with bipartisan support. seeing the tragedy firsthand, was de-
table about that. Mr. President, I ask unanimous con- veloping a piece of legislation that he
sent the Senate proceed to the imme- was proposing in Wisconsin as well as
I would ask my Democratic col- on a national level.
leagues to abandon the echo chamber diate consideration of Calendar No. 451,
S. 3655. The piece of legislation I introduced
and get on the phone. Go see and visit in 2017 was called the SOFA Act. The
and listen to and hear from your sher- The PRESIDING OFFICER. Without
objection, it is so ordered. reason I called it the SOFA Act—and
iffs and your mayors and other law en- that stands for Stopping Overdoses of
forcement officials back home. Listen The clerk will report the bill by title.
Fentanyl Analogs—is because Lauri
to what they have to say. They need The bill clerk read as follows:
Badura, again, who lost her 19-year-old
your help. A bill (S. 3655) to amend the Civil Rights son, turned her tragedy into helping
Senator HAGERTY and I would love to Cold Case Records Collection Act of 2018 to
others.
have their help and support in passing extend the termination date of the Civil
Rights Cold Case Records Review Board.
She was the go-to person for other
the Restoring Law and Order Act. We families who also lost a loved one
need to move this legislation. We need There being no objection, the Senate through overdoses, and she started an
to vote on it now before the crimewave proceeded to consider the bill, which organization called Saving Others for
gets even worse. had been reported from the Committee Archie. The acronym was SOFA. So I
I yield the floor. on Homeland Security and Govern- thought it only appropriate, when
mental Affairs. working with Dr. Tim Westlake on this
I suggest the absence of a quorum.
Mr. OSSOFF. I further ask unani- piece of legislation that would recog-
The PRESIDING OFFICER (Mr. mous consent that the bill be consid-
HICKENLOOPER). The clerk will call the nize the growing problem of these
ered read a third time and passed and analogs, of these fentanyl-related drugs
roll. the motion to reconsider be considered that were killing and poisoning our
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The bill clerk proceeded to call the made and laid upon the table with no citizens—I thought it only appropriate
roll. intervening action or debate. to come up with a piece of legislation
Mr. OSSOFF. Mr. President, I ask The PRESIDING OFFICER. Without named after that organization with
unanimous consent that the order for objection, it is so ordered. that same acronym, SOFA.
the quorum call be rescinded. The bill (S. 3655) was ordered to be So on July 13, 2017, I introduced
The PRESIDING OFFICER. Without engrossed for a third reading, was read SOFA for the first time here in the
objection, it is so ordered. the third time, and passed as follows: U.S. Senate.
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