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Congressional Record — Senate, December 13, 2022

Summary

Congressional Record, Senate proceedings for December 13, 2022, open with a prayer and the Pledge of Allegiance, then the Senate resumes consideration of the nomination of Dana M. Douglas to be United States Circuit Judge for the Fifth Circuit. Mr. Schumer congratulates the Syracuse Orange men’s soccer team, says negotiations for a yearlong omnibus agreement move forward, and speaks on the Respect for Marriage Act and on judicial nominees including Dana Douglas. Mr. McConnell speaks on Ukraine and the National Defense Authorization Act. Later headings are VOTE ON DOUGLAS NOMINATION and VOTE ON SHAMBAUGH NOMINATION; Ms. Smith asks for the yeas and nays on the first, and Mr. Cardin on the second.

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Cite this document

“Congressional Record — Senate, December 13, 2022.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-12-13-crec-2022-12-13-pt1-pgs7107-5-40568dfcc7/, SHA-256 419f66b8a207dab402b786de5e487aacbebb2b6b79841804cd21436392b8012c.

Full text

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


                                             Vol. 168                                                     WASHINGTON, TUESDAY, DECEMBER 13, 2022                                                                    No. 193


                                                                                                                                      Senate
                                               The Senate met at 10 a.m. and was                                                      EXECUTIVE SESSION                           the best solution for funding the gov-
                                             called to order by the President pro                                                                                                 ernment. Still, we are going to need a
                                             tempore (Mr. LEAHY).                                                                                                                 little more time beyond this week to
                                                                                                                                 EXECUTIVE CALENDAR                               get an omnibus done.
                                                                                      f
                                                                                                                            The PRESIDENT pro tempore. Under                        To avoid a shutdown this Friday, the
                                                             PRAYER                                                       the previous order, the Senate will pro-                Senate should be ready to pass a
                                                                                                                          ceed to executive session to resume                     1-week CR by the end of this week to
                                               The Chaplain, Dr. Barry C. Black, of-                                      consideration of the following nomina-                  give negotiators more time to finish an
                                             fered the following prayer:                                                  tion, which the clerk will report.                      agreement by the holidays. The House
                                               Let us pray.                                                                 The senior assistant legislative clerk                is set to begin consideration of a
                                               Almighty God, our rock and fortress,                                       read the nomination of Dana M. Doug-                    weeklong CR today, and after all the
                                             You put the mountains in place and                                           las, of Louisiana, to be United States                  progress made towards an omnibus
                                             bring silence to roaring waves. You are                                      Circuit Judge for the Fifth Circuit.                    agreement, I hope nobody here in the
                                             a strong tower where we find safety.                                           Mr. WARNOCK. Mr. President, I sug-                    Senate stands in the way of getting a
                                             We ask You for peace on Earth and                                            gest the absence of a quorum.                           1-week CR passed quickly, through
                                             good will to humanity. Lord, strength-                                         The PRESIDENT pro tempore. The                        consent if needed.
                                             en our faith, and forgive us for doubt-                                      clerk will call the roll.                                 Again, an omnibus is the best op-
                                             ing Your power and providence. Thank                                           The senior assistant legislative clerk                tion—the most responsible option—for
                                             You for this great land and for the                                          proceeded to call the roll.                             funding the government in the next fis-
                                             many freedoms we sometimes take for                                            Mr. SCHUMER. Mr. President, I ask                     cal year. It will ensure that the Fed-
                                             granted. We appreciate Your faithful-                                        unanimous consent that the order for                    eral Government has all the resources
                                             ness and Your mercies that are new                                           the quorum call be rescinded.                           necessary to serve the public at full ca-
                                             each day.                                                                      The PRESIDING OFFICER (Mr.                            pacity. It will make sure our troops in
                                               Today, lead our lawmakers so that                                          WARNOCK). Without objection, it is so                   uniform are taken care of. And I expect
                                             Your Name will be honored. Protect                                           ordered.                                                an omnibus will contain priorities both
                                             them from hidden dangers, and sustain                                              RECOGNITION OF THE MAJORITY LEADER                sides want to see passed into law, in-
                                             them through the lengthening shad-                                                The majority leader is recognized.                 cluding more funding for Ukraine and
                                             ows.                                                                              RECOGNIZING THE SYRACUSE ORANGE MEN’S              the Electoral Count Act, which my col-
                                               We pray in Your wonderful Name.                                                              SOCCER TEAM                           leagues in the Rules Committee have
                                             Amen.                                                                          Mr. SCHUMER. Mr. President, before                    done great work on. It will be great to
                                                                                      f                                   I begin, I want to extend a massive—                    get that done.
                                                                                                                          massive—congratulations to the Syra-                      After all the work we have done this
                                                  PLEDGE OF ALLEGIANCE                                                    cuse Orange men’s soccer team for win-                  year to pass important new bills, like
                                               The President pro tempore led the                                          ning the NCAA College Cup national                      the PACT Act and the CHIPS and
                                             Pledge of Allegiance, as follows:                                            championship last night in a heart-                     Science Act and so much more, a CR
                                               I pledge allegiance to the Flag of the
                                                                                                                          stopping 7-to-6 victory, after penalty                  into next year could prevent the in-
                                             United States of America, and to the Repub-                                  kicks. A big congrats to Coach McIn-                    vestment secured in those bills from
                                             lic for which it stands, one nation under God,                               tyre, all the amazing players, and the                  going out the door. The vast majority
                                             indivisible, with liberty and justice for all.                               staff on a phenomenal accomplish-                       of us don’t want to go down that road.
                                                                                                                          ment—the first in Syracuse history. Go                  So, again, the best option—the most
                                                                                      f
                                                                                                                          Orange.                                                 responsible option—is to proceed to-
                                               RESERVATION OF LEADER TIME                                                               GOVERNMENT FUNDING                        ward an omnibus, even if it won’t con-
                                                                                                                            Mr. President, now on the omnibus, a                  tain everything both sides want.
                                               The PRESIDENT pro tempore. Under
                                                                                                                          more serious subject, negotiations for a                       NOMINATION OF ARUN SUBRAMANIAN
                                             the previous order, the leadership time
                                                                                                                          yearlong omnibus agreement move for-                      Mr. President, now on judges, later
                                             is reserved.
                                                                                                                          ward. There is a lot of work left to do,                this morning it will be my honor to
                                                                                      f                                   but we are optimistic that if we pre-                   come before the Senate Judiciary Com-
                                                                                                                          serve the good faith we have seen so                    mittee to introduce an exceptional
                                                  CONCLUSION OF MORNING                                                   far, we will get there. I remain hopeful                public servant, Arun Subramanian,
                                                            BUSINESS                                                      because despite disagreements about                     whom President Biden nominated on
                                               The PRESIDENT pro tempore. Morn-                                           the ultimate package, there is little                   my urging to serve as a district judge
                                             ing business is closed.                                                      disagreement that an omnibus is by far                  for the Southern District of New York.




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                                                                     ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.




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                                             S7108                                             CONGRESSIONAL RECORD — SENATE                                                   December 13, 2022
                                             Here on the floor, Arun Subramanian is                    My daughter and her wife are beau-                      What is more, a successful Russian
                                             one of the few South Asians who are on                  tifully—praise God—expecting their                      invasion would embolden the entire
                                             the bench—we need more—but he will                      first child, my third grandchild, next                  club of anti-American thug regimes to
                                             pave the way. And it is my intention to                 spring, and I want them to raise their                  take bolder and more brazen steps to-
                                             continue to support South Asians to                     child with all the love and security                    ward further conflict, including direct
                                             come to the bench.                                      that every child deserves. Thanks to                    threats to American lives.
                                                    NOMINATION OF DANA M. DOUGLAS                    the dogged work of many of my col-                        Every day Russia spends on the back
                                               Mr. President, here on the floor, we                  leagues, my grandchild will live in a                   foot in Ukraine degrades its own abil-
                                             will also proceed with the confirmation                 world that will respect and honor their                 ity to wage further wars and dramati-
                                             of Dana Douglas to serve as circuit                     mothers’ marriage.                                      cally changes the cost-benefit calculus
                                             court judge for the Fifth District,                       And, look, nothing about the Respect                  for others who might contemplate
                                             which covers Texas, Louisiana, and                      for Marriage Act was inevitable. On the                 similar violence.
                                             Mississippi.                                            contrary, it took a lot of faith and a                    Continuing support for Ukraine is
                                               Judge Douglas’s confirmation today                    bit of risk taking to reach this point.                 the popular mainstream view that
                                             will be significant for a few reasons.                  When my colleagues came and asked                       stretches across the ideological spec-
                                             For one, Judge Douglas will be the                      me for a delay, I made that choice, and                 trum.
                                             28th—the 28th—circuit court judge this                  it was because they believed—and I be-                    On my side of the aisle, for example,
                                             majority confirms in the last 2 years.                  lieved—that the bipartisan process                      the former Director of National Intel-
                                             Of the many votes we take in this                       could indeed work.                                      ligence, John Ratcliffe, said recently
                                             Chamber, confirming circuit court                         It wasn’t a decision we took lightly,                 that supporting Ukraine ‘‘fully and
                                             judges ranks near the top in impor-                     but today that gamble is paying off. So                 completely’’ is in the best interest of
                                             tance. The lion’s share of all Federal                  I thank my colleagues on both sides of                  the United States.
                                             cases, after all, are decided at the cir-               the aisle for making today’s signing                      The top foreign policy expert at the
                                             cuit court level.                                       possible, and I thank my friend Sen-                    Heritage Foundation, James Carafano,
                                               Judge Douglas is also significant be-                 ator FEINSTEIN, who originally au-                      has spoken out forcefully about the
                                             cause, after her confirmation, the Sen-                 thored this landmark bill. Because of                   need for continued military assistance,
                                             ate will have confirmed 11 Black                        them and because of the millions of                     and so has former Secretary of State
                                             women to serve as circuit court judges.                 Americans out there who pushed for                      Pompeo, former Vice President Pence,
                                             This is a record for any single session                 change, history will be made at the                     and virtually every other leading na-
                                             of Congress. Before President Biden,                    White House later today.                                tional security official from the pre-
                                             only eight such nominees had been con-                    I yield the floor.                                    vious administration.
                                                                                                       I suggest the absence of a quorum.                      Now, while the conflict has exposed
                                             firmed by this Chamber. So this is                        The PRESIDING OFFICER. The
                                             truly a historic shift in the court’s                                                                           serious weaknesses in Russia’s ability
                                                                                                     clerk will call the roll.
                                             composition.                                              The senior assistant legislative clerk                to wage a conventional war, it has also
                                               This representation matters enor-                     proceeded to call the roll.                             exposed shortcomings in the West, par-
                                             mously. The health of our Federal                         Mr. MCCONNELL. Mr. President, I                       ticularly with our defense industrial
                                             courts hangs on judges who will both                    ask unanimous consent that the order                    bases.
                                             apply the law correctly while also                      for the quorum call be rescinded.                         Our European friends who had treat-
                                             earning Americans’ trust in the first                     The PRESIDING OFFICER. Without                        ed themselves to holidays from history
                                             place. The more our courts look like                    objection, it is so ordered.                            after the Cold War, who presumed a
                                             the country at large—the more lan-                            RECOGNITION OF THE MINORITY LEADER                new normal of stability and security
                                             guages and backgrounds and specialties                       The Republican leader is recognized.               and shifted spending disproportion-
                                             we have on the bench—the more likely                                           UKRAINE                          ately into domestic programs, have re-
                                             the trust endures. That is more impor-                    Mr. MCCONNELL. Mr. President,                         ceived a harsh—harsh—wake-up call.
                                             tant than ever, given the recent dis-                   Senate Republicans have spent, lit-                     They are rushing to reinvest more in
                                             turbing decisions handed down by the                    erally, months focused on the need for                  their own defenses. Some politicians
                                             Supreme Court.                                          a strong bipartisan National Defense                    here in America fell victim to the same
                                               That is why judges like Dana Doug-                    Authorization Act, as well as robust                    lullaby.
                                             las matter. That is why circuit court                   funding for our Armed Forces. Defend-                     Now, fortunately, supplying the spe-
                                             judges matter. And we are going to                      ing our homeland, deterring future                      cific kinds of American armaments
                                             keep working for the rest of this year                  threats, and supporting our allies and                  that Ukraine needs does not cut our
                                             and beyond to bring diversity and bal-                  partners should not be last-minute, low                 readiness in other important regions,
                                             ance back to our courts.                                priorities. They are fundamental duties                 such as the Pacific. China and its
                                                       RESPECT FOR MARRIAGE ACT                      if we want to remain the strongest                      neighbors are watching the conflict in
                                               Mr. President, on the White House                     power in the world, and investing in                    Ukraine closely, and the CCP would be
                                             signing ceremony, finally, this morn-                   strength today protects our country,                    delighted if Ukraine fell to Russia.
                                             ing I want to note my tie. I am wearing                 our servicemembers, and the American                      But the long lead times to replenish
                                             it today for two reasons. First, it is a                taxpayer tomorrow.                                      what we are sending still provide us
                                             constant reminder of one of the                           Let’s take, for example, Ukraine. For                 with a sober reminder. We know, for a
                                             happiest moments of my life, the day                    nearly a year now, the free people of a                 fact, that the world’s foremost mili-
                                             my daughter got married. And, second,                   sovereign nation have stood firm and                    tary and economic superpower can and
                                             I am wearing it because, later this                     battled against brutal and lawless ag-                  should both produce all the capabilities
                                             afternoon, President Biden will sign                    gression. The Ukrainians’ brave stand                   that we need for ourselves and serve as
                                             the Respect for Marriage Act into law.                  was made possible, in part, because the                 freedom’s arsenal for our friends at the
                                               For many Americans in same-sex                        United States and a number of other                     same time. We just need to organize
                                             marriages—or who one day wish to                        countries have realized that supporting                 our resources and make critical, over-
                                             marry their partner—today is a day of                   their self-defense directly serves our                  due investments in our defense indus-
                                             relief and of jubilation. By passing this               own interests.                                          trial capacity.
                                             law, we are sending a message to                          Europe together constitutes Amer-                       That is why the National Defense Au-
                                             LGBTQ Americans everywhere: You,                        ica’s largest trading partner. Insta-                   thorization Act we will take up soon
                                             too, deserve dignity and equality under                 bility in Europe poses a direct threat                  provides multiyear procurement au-
                                             the law.                                                to countless American producers who                     thority for longer term certainty, plan-




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                                               Few bills have hit home for Members                   sell to our friends across the Atlantic.                ning, and efficiency. It authorizes sig-
                                             on the Hill quite like this one. Mar-                   Further, huge disruptions to European                   nificant investments in modernizing
                                             riage equality is not just the right                    markets would only add to the infla-                    our forces and capabilities.
                                             thing to do for America, it is personal                 tionary challenges that the Democrats’                    But following through on these prom-
                                             for so many of us, our staffs, and our                  spending has caused us already here at                  ises also requires that we pass robust
                                             families.                                               home.                                                   appropriations. I made that clear at



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                                             December 13, 2022                                 CONGRESSIONAL RECORD — SENATE                                                                 S7109
                                             last week’s briefing with the Biden offi-               freshman, RICHARD spearheaded mas-                     be another one of those deceptive ap-
                                             cials.                                                  sive reforms of the Food and Drug Ad-                  pearances. The truth is, RICHARD didn’t
                                               I will say it again: Providing for the                ministration. Long before COVID–19,                    become an expert at speedy getaways
                                             common defense is a fundamental gov-                    he had a personal passion for helping to               because he wanted to shortchange his
                                             erning responsibility. It is not extra                  equip BARDA and other pandemic pre-                    duties. In fact, it was just the opposite.
                                             credit.                                                 paredness initiatives.                                 Even as devoted a public servant as
                                               Our Democratic colleagues will not                      RICHARD       has    authored    trans-              Senator BURR is, he knew that, in the
                                             receive a goody bag of domestic spend-                  formational legislation that disability                final analysis, another set of duties
                                             ing in exchange for fulfilling this sol-                advocates called the most important                    was even more essential.
                                             emn duty.                                               advance for their cause in a quarter                     When our colleague was first elected
                                                        TRIBUTE TO RICHARD BURR                      century. He reached across the aisle to                to the House in 1994, he and his beloved
                                               Mr. President, now on an entirely dif-                help deliver justice for victims of dec-               wife Brooke had two young sons, and
                                             ferent matter, I would like to begin my                 ades-old hate crimes. He drove bipar-                  Brooke was carving out her own tre-
                                             tribute to another of our distinguished                 tisan consensus on a measure that has                  mendously successful career in busi-
                                                                                                     helped save students and families near                 ness.
                                             departing colleagues by quoting his
                                                                                                     $100 billion in loan payments.                           So our friend was bound and deter-
                                             own words from a letter written back
                                                                                                       In a situation folks in my own State                 mined that serving the people of North
                                             in 2009. Here is what he said:                                                                                 Carolina would not mean skimping on
                                               Dear Mr. and Mrs. Carver, Thank you for
                                                                                                     know well, he stepped up to help to-
                                                                                                     bacco farmers transition to succeed in                 his proudest job of all—as father to
                                             entrusting me with [your son’s] memorial
                                                                                                     a freer market, and as the ranking                     Tyler and William, and now as a grand-
                                             bracelet at the Asheville Veterans Day Cere-
                                             mony. I wish there had been more time to                member of the Veterans’ Affairs Com-                   father as well.
                                             talk that day. I returned to Washington, DC             mittee, RICHARD delivered much needed                    Through decades of committed serv-
                                             with the bracelet on my wrist . . . [your               relief to men and women who served                     ice, he has found a way to do it all. But
                                             son’s] unrelenting courage and zeal for life            our Nation with the Veterans Choice                    even so, I know RICHARD is excited to
                                             are what I will think of when I look at his             Act of 2014.                                           make up for lost time.
                                             name on my wrist. Rest assured that I will                It is truly amazing what you can ac-                   So we thank our colleague for his
                                             wear [this] bracelet forever.
                                                                                                     complish when you are willing to be                    outstanding work for our country. And
                                               A quiet gesture, unheralded and un-                   patient, keep an even keel, share some                 I have it on good authority that our
                                             derstated, but leaving hugely impactful                 credit—oh, and occasionally, even jump                 friend has a favorite catch phrase that
                                             ripples in its wake. A perfect case                     out a window. Let me explain. This is                  he has used to bid farewell to his office
                                             study of Senator RICHARD BURR.                          creative problem-solving in action.                    after they have spent a long day doing
                                               At first glance, it might appear to                     Back during sequestration, when                      good work. So, RICHARD, as you like to
                                             the uninitiated that our distinguished                  staffing shortages had closed some of                  say, ‘‘Dilly dilly.’’
                                             friend is a man of contrasts or con-                                                                             I suggest the absence of a quorum.
                                                                                                     the normal entrances and exits around                    The PRESIDING OFFICER. The
                                             tradictions. For example, this impec-                   the Capitol campus, our friend found
                                             cably dressed Southern gentleman has                                                                           clerk will call the roll.
                                                                                                     himself in the Russell Building while                    The senior assistant legislative clerk
                                             been known to drive around town in a                    the only open exit was all the way over
                                             rickety old Volkswagen. I think that                                                                           proceeded to call the roll.
                                                                                                     in Dirksen. Rather than lengthen his                     Mr. THUNE. Mr. President, I ask
                                             our dear departed colleague John                        commute, this ever-pragmatic man of                    unanimous consent that the order for
                                             McCain once called it ‘‘an assault on                   mystery found the lowest window                        the quorum call be rescinded.
                                             the senses’’; or take the fact that when                around, grabbed his dry cleaning, shim-                  The PRESIDING OFFICER (Mr.
                                             most of us were happy enough to finish                  mied out, and hopped right down to the                 PADILLA). Without objection, it is so
                                             high school as either a successful jock                 sidewalk.                                              ordered.
                                             or a successful student, Richard was                      Now the day is fast approaching                                    BORDER SECURITY
                                             both a standout scholarship football                    when our colleague will escape from                      Mr. THUNE. Mr. President, last
                                             player and winner of the science fair;                  this institution for good, but RICHARD’s               Tuesday, President Biden was asked
                                             or consider that our unflappable, calm                  remarkable legacy here will endure—                    why he wasn’t taking the opportunity
                                             colleague with an easy manner—almost                    whether that has meant using his                       to visit the border while traveling to
                                             casual, really—has been one of this                     charm and judgment of character to                     Arizona. His reply? ‘‘Because there [is
                                             Chamber’s most dogged legislators and                   disarm committee witnesses and get to                  a] more important [thing] going on.’’
                                             most relentless champions across a                      the bottom of complex issues under in-                   ‘‘[A] more important [thing] going
                                             whole array of critically important                     vestigation or using his fluency in                    on.’’
                                             causes.                                                 House-speak to translate key hap-                        Mr. President, no offense to new in-
                                               That special bracelet bearing Army                    penings for us, his colleagues over here               vestment, but if President Biden
                                             Chief Warrant Officer Mitch Carver’s                    in the upper Chamber.                                  thinks that visiting a plant to cele-
                                             name isn’t just a comfort to one Gold                     And I would be remiss if I didn’t men-               brate new investment is more impor-
                                             Star family; it is an outward sign of                   tion how RICHARD excels at turning up                  tant than the security and the humani-
                                             RICHARD BURR’s entire approach to his                   the pressure to break a stalemate. You                 tarian crises raging at our southern
                                             job: supporting service, honoring sac-                  see, if an issue is dragging out and no                border, then his priorities are seriously
                                             rifice, and making life better for folks                solution appears forthcoming, unless                   out of order, but, of course, we already
                                             in North Carolina and across the Na-                    RICHARD was the point person himself,                  knew that.
                                             tion.                                                   he would frequently just threaten to                     This is hardly the first time the
                                               For 5 years, RICHARD’s colleagues                     leave town altogether until things got                 President has made it clear what he
                                             tasked him with helming the Intel-                      worked out.                                            thinks of the crisis at our southern
                                             ligence Committee. Some of this insti-                    We are talking about a colleague who                 border—as just an annoying distraction
                                             tution’s most sensitive and critical re-                is famous for keeping closer tabs on                   from what he would rather be doing as
                                             sponsibilities wound up right in his lap.               the Senate’s weekly wrapup pro-                        President. In fact, he has shown a re-
                                               But Senators on both sides knew that                  ceedings than just about anyone.                       markable ability throughout his Presi-
                                             RICHARD’s thoughtfulness, fairminded-                     In fact, as I understand it, RICHARD’s               dency to ignore or minimize crises that
                                             ness, and discretion tailor-made made                   team became so famous for tracking                     he isn’t interested in dealing with.
                                             him for the role—no showy victory                       the timing of final votes so closely that                ‘‘There [is a] more important [thing]
                                             laps, no braggy press tours. He led with                some other offices would try calling                   going on.’’




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                                             the serious, collegial, and patriotic                   Team Burr for the scoop before they                      I venture to suggest that for over-
                                             tone that the issues actually de-                       would even try the cloakroom.                          whelmed border communities strug-
                                             manded.                                                   Now, with RICHARD’s seemingly laid-                  gling with an apparently never-ending
                                               This quiet competence has been part                   back demeanor, you might assume our                    influx of illegal immigration, there
                                             of the RICHARD BURR brand from the                      friend was just eager to get out to the                isn’t anything—anything—more impor-
                                             very beginning. As a backbench House                    beach or hit the links, but that would                 tant going on, and the President’s



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                                             S7110                                             CONGRESSIONAL RECORD — SENATE                                                   December 13, 2022
                                             trivializing of our border crisis is a se-              than getting our Nation’s border crisis                vented from achieving, was passing an-
                                             rious betrayal of the responsibility he                 under control, but I guess we will just                other massive spending spree in the
                                             owes to these Americans and to all                      have to keep waiting. After all, the                   neighborhood of $5 trillion.
                                             Americans.                                              President has more important things                       Even after that plan was foiled, the
                                                The situation at our southern border                 to do.                                                 Democrats and the President kept
                                             is out of control and has been that way                                      INFLATION                         right on pursuing more fiscally irre-
                                             for most of the President’s administra-                   Mr. President, in other tone-deaf                    sponsible legislation. In August, the
                                             tion. Over this past weekend alone,                     comments from the Biden administra-                    Democrats passed legislation, their so-
                                             Customs and Border Protection en-                       tion last week, White House Chief of                   called Inflation Reduction Act—again
                                             countered more than 16,000 individuals                  Staff Ron Klain said:                                  filled with hundreds of billions of dol-
                                             attempting to cross our southern bor-                     Fiscal responsibility is very important to           lars in Green New Deal spending, par-
                                             der illegally. That is an average of 8,000              us in the Biden administration. We’re very             tially financed by tax hikes that will
                                             per day—higher than the daily average                   well aware that we have to stay within our             raise energy prices and slow job cre-
                                             in May, which posted the highest num-                   means economically. I think . . . you see              ation.
                                             ber of attempted illegal crossings ever                 that in everything we’ve tried to do these                Democrats tried to clothe the bill in
                                             recorded. October saw a staggering                      past two years.                                        an aura of fiscal responsibility by
                                             230,678 attempted illegal crossings                        That was from the President’s Chief                 claiming—dubiously, I might add—that
                                             along our southern border.                              of Staff.                                              it would reduce the deficit by $300 bil-
                                                All told, U.S. Customs and Border                       Well, when I read that, I wasn’t sure               lion.
                                             Protection encountered nearly 2.4 mil-                  whether to laugh or cry or just be                        Do you want to know how long that
                                             lion individuals attempting to cross                    angry on behalf of the millions of                     purported deficit reduction lasted once
                                             our southern border illegally during                    Americans who are currently suffering                  the bill was signed into law? Eight
                                             fiscal year 2022. That is the highest                   as a result of the Democrats’ lack of                  days. Eight days. That is how long it
                                             number ever recorded, exceeding the                     fiscal responsibility over the past 2                  took for President Biden to completely
                                             previous record set the year before by                  years. We are currently in the midst of                wipe out any deficit reduction of the
                                             roughly 640,000. Of course, these num-                  the worst inflation crisis in 40 years.                bill by implementing his massive stu-
                                             bers just refer to individuals the Bor-                 My daughters, who are married and                      dent loan giveaway—a giveaway that
                                             der Patrol actually apprehended. There                  have their own children now, weren’t                   not only wipes out any possible deficit
                                             have also been almost 1 million known                   even alive the last time inflation was                 reduction but will also, according to
                                             ‘‘got-aways’’ over the past 2 fiscal                    this bad.                                              the Committee for a Responsible Fed-
                                             years and an untold number of un-                          November’s inflation numbers came                   eral Budget, ‘‘meaningfully boost infla-
                                             known ‘‘got-aways.’’                                    out this morning, and they just con-                   tion.’’ Yet we are supposed to believe
                                                President Biden’s comment doesn’t                    firmed what we already know: that we                   that the Biden administration values
                                             just trivialize the scope of this crisis; it            are still very much in the midst of this               fiscal responsibility.
                                                                                                     crisis. Currently, inflation is up 13.8                   When it comes to fiscal responsi-
                                             also trivializes the human misery that
                                                                                                     percent since January of 2021, when                    bility, the Biden administration has
                                             has resulted. At least 853 migrants died
                                                                                                     President Biden took office. Even if our               demonstrated that it could not care
                                             crossing the southern border in fiscal
                                                                                                     inflation crisis ended tomorrow, the in-               less. The Biden administration is inter-
                                             year 2022—the highest number ever re-
                                                                                                     flation we have already experienced                    ested in implementing the big-govern-
                                             corded. It is hard to imagine that that
                                                                                                     will cost the average household more                   ment priorities of the far left, no mat-
                                             number wouldn’t have been smaller if
                                                                                                     than $9,000 over the next 12 months—                   ter how much they cost. And, unfortu-
                                             President Biden had gotten serious
                                                                                                     $9,000. Now, for a lot of families, that is            nately, the American people are the
                                             about addressing this border crisis in-
                                                                                                     the difference between prosperity and                  ones paying the price.
                                             stead of inviting illegal immigration
                                                                                                                                                               I yield the floor.
                                             with his lax border policies.                           just getting by. For many others, it is
                                                                                                                                                               I suggest the absence of a quorum.
                                                I mentioned overwhelmed border                       the difference between just getting by                    The PRESIDING OFFICER. The
                                             communities. I should also mention                      and not being able to get by at all.                   clerk will call the roll.
                                             the incredible strain the past 2 years                     How did we get here? Well, in sub-                     The legislative clerk proceeded to
                                             have placed on the Border Patrol,                       stantial part, it is thanks to the Presi-              call the roll.
                                             which has been forced to divert agents                  dent’s and Democrats’ fiscal irrespon-                    Mrs. CAPITO. Mr. President, I ask
                                             from border enforcement to the over-                    sibility.                                              unanimous consent that the order for
                                             whelmed humanitarian mission. Then,                        When Democrats took office in Janu-                 the quorum call be rescinded.
                                             of course, there is the very real danger                ary 2021, Congress had just passed a                      The PRESIDING OFFICER. Without
                                             represented by unchecked illegal immi-                  fifth bipartisan COVID bill that met es-               objection, it is so ordered.
                                             gration, including the risk of dan-                     sentially all of the current pressing                            TRIBUTE TO DAVID MCKINLEY
                                             gerous individuals entering our coun-                   COVID needs, but the Democrats just                      Mrs. CAPITO. Mr. President, today, I
                                             try undetected and the potential for in-                wanted to keep spending. So, despite                   rise to really honor a seventh-genera-
                                             creased drug trafficking.                               being warned that the size of the pack-                tion West Virginian, a lifelong Wheel-
                                                Illegal drugs are flowing across our                 age they were contemplating risked                     ing native, a devoted husband, father,
                                             southern border and contributing to                     overheating our economy, under the                     grandfather, and public servant, my
                                             violent crime not just in border com-                   guise of COVID relief, the Democrats                   very good friend, Congressman DAVID
                                             munities but in communities around                      passed a massive and partisan $1.9 tril-               MCKINLEY.
                                             the Nation. And that is not even to                     lion spending bill filled with unneces-                  DAVID and I have known each other
                                             mention our Nation’s fentanyl crisis,                   sary spending and payoffs to the Demo-                 for a very long time. He and Mary, his
                                             which is being fed by drugs that are                    crats’ interest groups. The economy,                   wife, have extended steadfast love and
                                             trafficked    across—where      else?—our               not surprisingly, overheated as a re-                  friendship to my entire family but, in
                                             southern border. Our current border                     sult. Inflation began climbing and                     particular, to my parents during some
                                             crisis is an open invitation to increased               climbing and climbing again.                           good times and bad. Those friendships
                                             illegal drug activity, but the President                   But what is almost worse and what                   extended for many, many years and
                                             has more important places to be than                    makes the White House’s claim that                     never wavered.
                                             the southern border even though, I                      they care about fiscal responsibility so                 From when DAVID was a delegate in
                                             should point out, he has never actually                 incredibly ludicrous is what the Demo-                 the West Virginia State House to when
                                             visited the southern border—not once.                   crats and the President did next. Even                 he chaired the West Virginia Repub-




dlhill on DSK120RN23PROD with SENATE
                                             The closest he got was literally driving                as it became clear that their massive                  lican Party to later when he became
                                             by the border on the way to a cam-                      spending spree had helped set off a seri-              my colleague and our colleague in the
                                             paign rally in 2008.                                    ous inflation problem, the Democrats                   U.S. House of Representatives, we
                                                For border communities and strained                  and the President kept pushing for                     worked together a lot.
                                             Border Patrol agents, I venture to say                  more spending. In fact, their goal,                      DAVID got a slot on the Energy and
                                             that there is nothing more important                    which they were, fortunately, pre-                     Commerce Committee during his very



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                                             December 13, 2022                                 CONGRESSIONAL RECORD — SENATE                                                                 S7111
                                             first year in Washington. Now, I had al-                ments, perhaps no other area has seen                  this is just a schedule listing all of the
                                             ready been there 10 years and still                     his trademark tireless devotion than                   codes for all the different illnesses that
                                             hadn’t made it to the Energy and Com-                   protecting and promoting the hard                      doctors who treat Medicare patients
                                             merce Committee, so I was a little bit                  work and values embodied by our West                   bill for. And these codes, this fee sched-
                                             jealous of DAVID then. But, wow, did he                 Virginia coal miners.                                  ule, are used to reimburse doctors and
                                             really do tremendous work on that                         DAVID has fought tooth and nail for                  hospitals. Well, of course, it is not as
                                             committee.                                              our coal miners’ livelihoods, for their                simple as that, and the way that the
                                               Although time has gone by, DAVID’s                    healthcare, and for their ability to                   codes are put together and the fee
                                             passion and his love for West Virginia                  power this Nation but sometimes get                    schedule is put together are not ex-
                                             have never wavered, and his pragmatic                   taken for granted when we look at the                  actly a model of clarity. And we need
                                             service has never changed.                              sacrifices that they have made.                        to do better, and, hopefully, someday
                                               As the only licensed engineer in the                    As DAVID turns the page on this chap-                we will do better. But, at the moment,
                                             House of Representatives—and if you                     ter of his life, I am sure this is not the             we have to deal with reality as it is.
                                             didn’t know that, DAVID is quick to tell                last that we will hear from him. I cer-                  Now, in setting a code—or how much
                                             you—his unique and thoughtful anal-                     tainly hope not. In retirement, DAVID                  Medicare is going to pay my doctor for
                                             ysis to challenges has helped his con-                  and Mary will be able to enjoy time                    treating my earache under Medicare—
                                             stituents immensely, and it certainly                   spent with their four children and six                 and in putting together the fee sched-
                                             made West Virginia a better place.                      grandchildren.                                         ule, which is put together by the Cen-
                                             And, by the way, he has helped me un-                     With DAVID’s time in Congress com-                   ters for Medicare and Medicaid Serv-
                                             derstand some very complex issues.                      ing to a close, his thoughtful approach                ices, which I will just refer to it as
                                               In fact, I don’t think there are as                   to problems and his fearless advocacy                  ‘‘Medicare’’—Medicare takes all kinds
                                             many Members of Congress who have                       on behalf of West Virginians will be                   of factors into consideration in decid-
                                             held townhall meetings on the Megabus                   missed in this town, will be missed in                 ing how much to pay my doctor for an
                                             to DC as DAVID has to meet with our                     our country, but certainly can never be                earache. Medicare looks at things like
                                             constituents. But DAVID never misses                    erased from our State and our coun-                    the diagnosis, of course. Medicare will
                                             an opportunity to have a conversation.                  try’s history. But his contributions and
                                                                                                                                                            pay less for an earache than for heart
                                               DAVID has played an essential role in                 the example he set will continue to
                                                                                                                                                            surgery. Medicare looks at the proce-
                                             advancing legislation critical to infra-                stay with us always.
                                             structure, life-altering hearing aid de-                  I admire DAVID’s tenacity and divi-                  dure that the doctor had to use.
                                                                                                                                                              Medicare looks at the location. If I
                                             vices, and securing the pensions and re-                siveness. You really never have to won-
                                                                                                                                                            go to my doctor in Baton Rouge, where
                                             tirement benefits that our West Vir-                    der what DAVID MCKINLEY thinks on a
                                                                                                                                                            my primary care physician is located,
                                             ginia coal miners rely on.                              certain topic. I like that. I like that.
                                               DAVID is, and always will be, a prob-                                                                        the cost of living in Baton Rouge is
                                                                                                     For that, we should all be grateful. I
                                             lem-solver, and he brought thoughtful                                                                          lower than the cost of living in New
                                                                                                     know that I and West Virginians are
                                             solutions to the needs of our fellow                    certainly grateful.                                    York. So the fee for an earache paid by
                                             West Virginians every single day with                     So, DAVID, thank you for your serv-                  Medicare to my Baton Rouge physician
                                             unrelenting passion.                                    ice. I know he is not coming back into                 is going to be lower than that paid to
                                               I have mentioned passion many times                   town until tomorrow, but I wanted to                   a physician in New York.
                                             already in this short speech, but ‘‘pas-                get this on the record. The difference                   The fee schedule looks at time and
                                             sion’’ is a very fitting word because                   that you have made in our State that                   expenses of the doctor. The fee sched-
                                             DAVID does not do anything halfway.                     we both love, and the friendship and                   ule that Medicare puts together looks
                                             He is passionate about our State of                     counsel that you have provided me                      at things like the cost of maintaining a
                                             West Virginia. He is passionate about                   over the years is much appreciated.                    practice: rent, supplies, support per-
                                             West Virginia University’s football                       So when I see DAVID and we have a                    sonnel. The fee schedule tries to take
                                             team and all sports teams. And he is                    conversation and he sends me on my                     into consideration the cost of medical
                                             always there ready to cheer on the                      way, he has a trademark saying that he                 malpractice.
                                             Mountaineers.                                           always says to me, so I am going to say                  So the point is that a doctor treating
                                               He is passionate about his hometown                   it back to him today. DAVID, I will say                me in Baton Rouge for an earache will
                                             of Wheeling, and he is a passionate de-                 this to you: Go get ‘em, kid.                          not receive the same fee that a doctor,
                                             fender of those Northern Panhandlers,                     With that, I yield the floor.                        for example, in New York will receive
                                             which is what I am as well. He is pas-                    The PRESIDING OFFICER. The Sen-                      for treating a patient there under
                                             sionate about the men and women who                     ator from Louisiana.                                   Medicare for an earache.
                                             have worked to power our Nation and                           UNANIMOUS CONSENT REQUEST—S. 5941                  But every year Medicare gets to-
                                             the solutions to our future.                              Mr. KENNEDY. Mr. President, I want                   gether and they send out a new fee
                                               But there is another component to                     to talk a few minutes about Medicare.                  schedule, and it is a very complicated
                                             DAVID’s public service and his life that                  If I am on Medicare and I go to my                   process. And that process is com-
                                             we must stop and recognize, and that is                 physician for an earache and my physi-                 plicated by the fact of what we call
                                             of his beloved wife, Mary.                              cian treats me, hopefully successfully,                budget neutrality. Under current law,
                                               Mary has truly been a partner to                      my physician then does not turn                        the Centers for Medicare and Medicaid
                                             DAVID and his work to make West Vir-                    around and send a bill to Medicare that                Services—or Medicare, as I have been
                                             ginia stronger and healthier. Mary re-                  says: For services rendered for an ear-                calling it—is required to make budget
                                             ceived her masters of science degree in                 ache. What my physician does is fill                   neutrality adjustments to the payment
                                             nursing from none other than West                       out a form that has a bunch of codes on                schedule. And the technical definition
                                             Virginia University, has had an excep-                  it, and my physician fills out the form                is—I will read it to you, and then I will
                                             tional career as a nurse at Ohio Valley                 with the code for an earache.                          explain it: Medicare is required to
                                             Medical Center, and is the director of                    Now, what does that mean? That                       make Medicare physician payment
                                             education and professional develop-                     means that when that form with a code                  schedule      adjustments        whenever
                                             ment at the Ohio Valley Health Serv-                    for an earache goes to Washington, the                 changes in relative value units gen-
                                             ices and Education Corporation in                       administrators at Medicare look up the                 erate a payment increase or decrease of
                                             Wheeling.                                               code for an earache, and they know                     $200 million.
                                               But do you know what? Mary has a                      then how much they are going to pay                      I told you it was complicated.
                                             national presence as well. Mary served                  my physician for treating an earache.                    Now, what does that mean? That
                                             as the national president of the Amer-                    As you can imagine, there are thou-                  means that Medicare is statutorily re-




dlhill on DSK120RN23PROD with SENATE
                                             ican Association of Critical Care                       sands of codes—literally thousands of                  quired—required by Congress—to main-
                                             Nurses. She epitomizes West Virginia’s                  codes—because there are thousands of                   tain budget neutrality, and this means
                                             warmth and friendliness, and we thank                   diagnoses for which our citizens on                    that, as certain codes increase in value,
                                             her for her service to our State as well.               Medicare seek treatment every year.                    in order to maintain budget neutrality,
                                               As I reflect on Congressman MCKIN-                      So, every year, Medicare puts out a                  Medicare has to reduce payment for
                                             LEY’s Federal work and accomplish-                      fee schedule, and in its essential form                other codes. Budget neutrality is also



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                                             S7112                                             CONGRESSIONAL RECORD — SENATE                                                  December 13, 2022
                                             much more complicated than I just ex-                   go borrow the money and put us fur-                       The PRESIDING OFFICER. The Sen-
                                             plained it, but those are the basic                     ther in debt. I have a way to pay for it.              ator from Oregon.
                                             rules.                                                    As you know, we sent—‘‘we,’’ mean-                      Mr. WYDEN. Mr. President, let me
                                               Now, here is the problem. The Cen-                    ing the U.S. Congress, sent—a lot of                   say to our colleague from Louisiana
                                             ters for Medicare and Medicaid Serv-                    money to our healthcare delivery sys-                  that I very much agree with much of
                                             ices—CMS, or Medicare, as I have been                   tem during COVID to help patients, or,                 the statement he has given. I have been
                                             referring to it—has just released their                 rather, to help physicians and hospitals               interested in these sensible policies
                                             2023 physician fee schedule. The new                    deal with our healthcare crisis. We sent               with respect to providers since the
                                             fee schedule has come out, and because                  a lot of that money through what is                    days when I was codirector of the Or-
                                             of the formula and because of the budg-                 called the Provider Relief Fund. These                 egon Gray Panthers. So our colleague
                                             et neutrality requirement, CMS is pro-                  are dollars that were sent out to the                  from Louisiana is talking about impor-
                                             posing—or     Medicare—a      4.5-percent               hospitals and the doctors to help them                 tant issues.
                                             across-the-board reduction in Medicare                  get through the COVID pandemic.                           As chair of the Finance Committee, I
                                             payments. So every payment is going                       Our doctors and hospitals didn’t use                 can say that nobody on either side
                                             to be cut 4.5 percent across the board.                 all that money. They have returned                     wants to see financial hardship for
                                               Well, it gets even more difficult. Due                some of it, believe it or not. As of Feb-              healthcare providers or disruption to
                                             to the $1.9 trillion deficit increase                   ruary of this year, a few months ago,                  the healthcare system. This is particu-
                                             caused by the American Rescue Plan                      they had returned $9.8 billion. And I                  larly important when you have got
                                             and under our budget rules, pay-go se-                  suspect, by now, they have returned, as                COVID, what looks like a god-awful
                                             questration is going to be triggered by                 best as we can tell from CBO, about $15                flu, and an RSV crisis filling up the
                                             the American Rescue Plan, and that is                   billion. So we have $15 billion in our                 doctors’ and hospitals’ waiting rooms
                                             going to require an additional 4-per-                   healthcare budget that is not ac-                      nationwide.
                                             cent reduction across the board in pay-                 counted for in terms of how it would be                   What I can tell my colleague from
                                             ments to physicians and hospitals.                      spent.                                                 Louisiana is that, on both sides of the
                                               So unless we do something, every                        My bill would cost $2.25 billion. I                  aisle on the Finance Committee,
                                             physician who treats a patient who is                   would propose, Mr. President, that we                  Democrats and Republicans have put in
                                             on Medicare—it doesn’t matter what                      pay for that $2.25 billion and take it                 some long hours—long hours—dis-
                                             for—is going to be paid 8.5 percent                     out of what I believe is the $15 billion               cussing solutions to these physician
                                             less—in the middle of raging inflation,                 pot of money that was returned to the                  payment issues with our colleagues in
                                             in the middle of not only doctor short-                 Provider Relief Fund. So I have a prob-                the House on both sides and the admin-
                                             ages but staff shortages as well.                       lem, I have a solution, and I have a                   istration.
                                               Now, this is not the first time we                    way to pay for it without us having to                    Our discussions include other critical
                                             have had this problem. We had it last                   spend money we don’t have and there-                   healthcare issues. For example, I think
                                             year, and we had it the year before. We                 by borrow it.                                          my colleague knows that Senator
                                             solved it then, but we need to solve it                   So, Mr. President, as if in legislative              CRAPO and I have been very focused on
                                             today. And you do not have to be a sen-                 session, I ask unanimous consent that                  mental healthcare, making it easier for
                                             ior at Cal Tech to figure out that if you               the Committee on Finance be dis-                       Americans to get mental healthcare
                                             cut physicians’ fees for every different                charged from further consideration of                  when they need it.
                                             diagnosis for which Americans seek                      S. 5194.                                                  And we are especially proud that this
                                             treatment from a Medicare physician                       Let me stop just for a moment, Mr.                   bipartisanship is paying off. As our col-
                                             by 8.5 percent, physicians are going to                 President. We have to solve this prob-                 leagues may know, Senator CRAPO and
                                             have to either make it up somewhere                     lem. We are going to solve this prob-                  I got four major provisions—four—into
                                             or stop seeing Medicare patients. So all                lem. We solved it last year, and we                    the commonsense gun safety law—ev-
                                             of a sudden your doctor under Medicare                  solved it the year before. Nobody in                   erything from helping kids on Med-
                                             is not taking any more Medicare pa-                     this body wants to throw people off                    icaid, behavioral health—our col-
                                             tients. We don’t want that.                             Medicare.                                              league, Senator STABENOW. So we be-
                                               Not only that, but the Medicare fee                     Now, we are having trouble putting                   lieve strongly in writing black-letter
                                             schedule is looked to by private insur-                 together a budget. I don’t know how                    law on a bipartisan basis.
                                             ance companies when they determine                      that movie is going to end. It may end                    Now, the reason I am taking the time
                                             how much to pay physicians under                        with an omnibus. It may end with a                     to put this into context, it is very im-
                                             their insurance plans. That is the prob-                continuing resolution, where we will                   portant that our bipartisan discussions
                                             lem.                                                    wait for a new Congress. But we need                   on a yearend healthcare package con-
                                               Here is what my bill would do to                      to solve this problem now and not                      tinue. Time is, obviously, short.
                                             solve it. My bill would freeze the cur-                 make it contingent on an omnibus and                      I am just coming off two red-eye
                                             rent fee schedule in this sense—not per                 not make it contingent upon a con-                     flights to Oregon in the last 4 days, and
                                             se but indirectly. My bill would keep                   tinuing resolution. We need to solve it                I want my colleague to know, again, I
                                             physician reimbursement at existing                     now for the American people who de-                    appreciate much of what he has said. I
                                             levels. So the amount that doctors are                  pend on Medicare, and that is what my                  didn’t come to the floor to say, Senator
                                             paid today for that earache would be                    bill does.                                             KENNEDY is horrible. Quite the con-
                                             the same next year.                                       We can continue to fight over the                    trary. I think he has good ideas here.
                                               My bill would pause the pay-go cuts                   budget. We can continue to fight over                  Time is tight, and I am confident there
                                             until 2024. So, in effect, my bill would                the CR. But we are going to solve this                 is a bipartisan agreement around the
                                             prevent, next year, an 8.5-percent re-                  problem today with a pay-for, with my                  corner.
                                             duction across the board to physician                   bill.                                                     I do say to my colleague, passing this
                                             fees.                                                     So I repeat, as if in legislative ses-               proposal now, in my view, would make
                                               Now, I know what you are thinking,                    sion, I ask unanimous consent that the                 this process that we are part of, Sen-
                                             Mr. President. You are thinking: Well,                  Committee on Finance be discharged                     ator CRAPO and I—talking to the ad-
                                             I have heard speeches by KENNEDY be-                    from further consideration of S. 5194                  ministration, talking to the House, and
                                             fore about controlling the cost of                      and the Senate proceed to its imme-                    doing all the things that my colleagues
                                             spending in government and the rate of                  diate consideration, and I further ask                 have a lot of experience on—passing
                                             growth. So here he is suggesting that                   that the bill be considered read a third               this proposal now would make it hard-
                                             we spend more.                                          time and passed and that the motion to                 er to reach a bipartisan agreement on




dlhill on DSK120RN23PROD with SENATE
                                               And it is true that this bill would re-               reconsider be considered made and laid                 physician payments, mental health, a
                                             place the fee schedule cuts by adding                   upon the table.                                        variety of other key kinds of issues. So
                                             money to the Medicare budget. The                         The PRESIDING OFFICER. Is there                      I will just say, with the understanding,
                                             pay-go cuts would just be postponed.                    any objection?                                         a, that my colleague has raised impor-
                                             But I have a pay-for. I am not asking                     Mr. WYDEN. Reserving the right to                    tant points and, b, that Members on
                                             this Congress just to add spending and                  object, Mr. President.                                 both sides are working towards a



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                                             December 13, 2022                                 CONGRESSIONAL RECORD — SENATE                                                                 S7113
                                             shared goal on this issue, Mr. Presi-                   make the mistake of thinking your                        But yet when I asked them about it—
                                             dent, I object.                                         homeowners insurance covers it be-                     I have asked them in committees—
                                               The PRESIDING OFFICER. Objec-                         cause it doesn’t. You have got to go                   FEMA says, Risk Rating 2.0—that is
                                             tion is heard.                                          buy special flood insurance.                           what they call it—they say it is fairer,
                                               The Senator from Louisiana.                              And we have had this problem for a                  and they say it is based on the value of
                                               Mr. KENNEDY. Mr. President, I ap-                     while, and the Federal Government ad-                  your home and the unique flood risk
                                             preciate my good friend Senator                         dressed it by creating the National                    for that property. Once again, man,
                                             WYDEN’s comments. And I hope he gets                    Flood Insurance Program. We call it,                   FEMA is clairvoyant. This algorithm is
                                             some sleep off that red-eye flight.                     as you know, NFIP. About 5 million                     awesome. They can look out 35 years;
                                               I am just going to repeat quickly                     people who wouldn’t be insured for                     they just won’t tell us how they do it.
                                             what I said before.                                     flood otherwise are members of the Na-                   There is no transparency on this
                                               I hope we can put together—we can’t                   tional Flood Insurance Program. They                   grading 2.0. People have absolutely no
                                             solve this problem without passing a                    don’t get it for free. They pay for the                idea, Members of the U.S. Congress
                                             bill. I don’t know if we are going to be                flood insurance, and they pay dearly.                  have no idea, how this algorithm works
                                             able to pass a bill, any kind of bill.                     My State, Louisiana, has 5,000 people               and how they come up with the specific
                                             Hopefully, before we go home for                        out of 5 million who depend on the Na-                 price for every home in America. But I
                                             Christmas and before this Congress                      tional Flood Insurance Program. We in                  will tell you what we do know: All the
                                             ends, we will be able to do the National                Louisiana have the highest participa-                  prices have gone up.
                                             Defense Authorization Act, which I                      tion rate in the country, bar none. And                  Let me give you an example. In Lou-
                                             think we are going to do this week.                     despite what some people may think,                    isiana, we have a lot of levees. A lot of
                                             There will be some people objecting to                  my people who are buying flood insur-                  those levees are helped paid for with
                                             the NDAA. I know that. And it will                      ance, they are not multimillionaires;                  Americans’ taxpayer money. And we
                                             slow it down. But after they object and                 they are working people. They are peo-                 are grateful to our neighbors and
                                             they get to be dramatic for a little                    ple who get up every day and go to                     America for helping us out. But a lot of
                                             while, we will come back and pass the                   work, and they obey the law and pay                    those levees are paid for by Louisiana
                                             bill. And then we will decide whether                   their taxes. They try to do the right                  citizens. We have asked: How does this
                                             to do an omnibus or whether we are                      thing by their children. They live pay-                algorithm, in raising these prices, take
                                             going to do a continuing resolution and                 check to paycheck. These aren’t multi-                 into account the levees? Are we getting
                                             wait for the new Congress.                              millionaires paying for this flood in-                 credit for our levees? And they say:
                                               But in order to solve this problem,                   surance. And they are not paying for                   Sure. And I say: Can you show me? And
                                             we have got to do something now. And                    the flood insurance on mansions on the                 they say: If I showed you, I would have
                                             there are millions of Americans out                     beach. We don’t have those in Lou-                     to kill you; this is a secret algorithm.
                                             there that are looking at an 81⁄2 percent               isiana. These are working people.                        No transparency. None.
                                             cut to Medicare when we have an 8-per-                     Now, for my people and for most                       Now, in the past, FEMA has already
                                             cent inflation. That is a 16-point swing.                                                                      recognized levees and their impor-
                                                                                                     Americans who carry flood insurance,
                                             And those millions of people are not                                                                           tance. And they say they are doing it
                                                                                                     their home is their biggest investment.
                                             just physicians or nurses. They are pa-                                                                        now under Risk Rating 2.0. But they
                                                                                                     It is the biggest investment they will
                                             tients who depend on Medicare for life                                                                         won’t show us how. And our levees
                                                                                                     ever make. It is the most money they
                                             and death.                                                                                                     work. Our levees work.
                                                                                                     will ever spend at one time. And so                      Last year, we had a number of
                                               So I hope that the chairman of Fi-                    they want to protect their investment.
                                             nance, who is whip smart, will consider                                                                        storms. We had one that came through
                                                                                                     And they need flood insurance to do                    New Orleans. We have a levee system
                                             my proposal. It would postpone the                      that. And we in the Federal Govern-                    around New Orleans. It held. Thank
                                             pay-go cuts of 4 percent, and it would                  ment solved the problem when we cre-                   you, American taxpayers. But we don’t
                                             freeze the current fee schedule. If we                  ated the National Flood Insurance Pro-                 know how FEMA takes that into ac-
                                             don’t, if the new fee schedule goes into                gram.                                                  count. They say they do. They say:
                                             effect, we are going to have another 41⁄2                  Now, last year, FEMA, which is                      Trust us.
                                             percent cut—that is where I get the 81⁄2                under the executive branch, of course—                   You know, every now and then, I play
                                             percent—and it would pay for it.                        we all know what FEMA is—FEMA                          poker with friends. And they are all
                                               It wouldn’t increase debt at all. We                  rolled out the most significant change                 good friends. I trust them. But you
                                             pay for it, very simply, as I explained.                in history in the way the National                     know what, every time I play poker,
                                             We pay for it out of the $15 billion in                 Flood Insurance Program calculates                     every hand, I cut the cards. It is not a
                                             the Provider Relief Fund.                               the cost of flood insurance—the most                   matter of friendship or trust. That is
                                               And if our Finance Committee                          important change in history—and they                   just the way it is supposed to be: trans-
                                             doesn’t like that as a pay-for, I have                  didn’t ask Congress for our input. They                parency.
                                             another one. You can pay for it out of                  just did it.                                             Now, this isn’t just my opinion.
                                             the Medicare Improvement Fund. It                          They went out and hired a consultant                There was an interview in the Times-
                                             has 7.3 billion in it. Now, that is $24 bil-            who created a new algorithm. And this                  Picayune, Mr. Dwayne Bourgeois. Mr.
                                             lion we have got to solve the $2.5 bil-                 algorithm, supposedly, says FEMA, can                  Bourgeois knows what he is talking
                                             lion problem so the elderly in our coun-                see the future. It can look out 35 years               about. He is the executive director of
                                             try can sleep tonight. So I hope my es-                 and tell whether your home is going to                 the North Lafourche Conservation,
                                             teemed colleague will take this into                    flood and when it is going to flood. And               Levee, and Drainage District in Lou-
                                             consideration. And I know that he will.                 they cannot only look at a particular                  isiana. He is an expert on floodwater
                                               The PRESIDING OFFICER. The Sen-                       area, they say this algorithm is so good               drainage and levees. This is what he
                                             ator from Louisiana.                                    that it can look at your specific prop-                said about the Risk Rating 2.0:
                                                             FLOOD INSURANCE                         erty and tell whether it is going to                     I [just] can’t figure out why some people
                                               Mr. KENNEDY. Mr. President, I am                      flood and assess the risk. Man, I want                 get this minimum result and these other
                                             going to talk for a minute about an-                    a dozen of those.                                      people get the maximum result. I can’t tell
                                             other subject: flood insurance. It                         FEMA calls this Risk Rating 2.0.                    you what the secret sauce is to get to that
                                             doesn’t do any good to offer flood in-                  There is just one problem: FEMA won’t                  rate.
                                             surance when people can’t afford it.                    tell any of us in the U.S. Congress,                     And the reason he can’t is because
                                             And that is what FEMA is doing right                    much less the American people, how                     FEMA will not tell us what the secret
                                             now.                                                    this algorithm works. I asked them to                  sauce is. What is the effect of this se-




dlhill on DSK120RN23PROD with SENATE
                                               We all know—or most people know—                      give me the algorithm, and I would                     cret sauce? FEMA says it is going to
                                             that you can’t buy flood insurance                      pay, at my expense—at my expense—to                    make everything fairer. I know this
                                             really in the private market. I mean,                   have somebody evaluate it. FEMA said,                  much: It is going to make everything
                                             you can, but for the most part, you                     if I showed it to you, KENNEDY, I would                more expensive.
                                             can’t. And if your house floods and you                 have to kill you. They won’t show it to                  According to FEMA’s estimates, 80
                                             have homeowners insurance, don’t                        us.                                                    percent of the people who have flood



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                                             S7114                                             CONGRESSIONAL RECORD — SENATE                                                      December 13, 2022
                                             insurance and have to have flood insur-                 your FEMA Director, for whom I have                    from Texas (Mr. CRUZ), the Senator
                                             ance in Louisiana—in part because the                   great respect—I don’t hate anybody—                    from Alaska (Ms. MURKOWSKI), and the
                                             mortgage company requires it—are                        but I hope the President will call the                 Senator from Alaska (Mr. SULLIVAN).
                                             going to see their rates go up.                         FEMA Director here and ask him what                      The result was announced—yeas 65,
                                               The likely average full-risk premium                  planet he just parachuted in from and                  nays 31, as follows:
                                             for a home in Louisiana under this new                  what is he thinking, raising these                                 [Rollcall Vote No. 388 Ex.]
                                             secret sauce is $1,700. Under the old                   kinds of prices without telling the                                        YEAS—65
                                             system, it was $766. That is a 122-per-                 American people why.                                   Baldwin           Grassley        Romney
                                             cent increase because of this algo-                             NOMINATION OF DANA M. DOUGLAS                  Bennet            Hassan          Rosen
                                             rithm, this secret sauce, which FEMA                                                                           Blumenthal        Heinrich        Rounds
                                                                                                       Mr. DURBIN. Mr. President, today,                    Blunt             Hirono
                                             will not let us see.                                                                                                                             Sanders
                                                                                                     the Senate will vote to confirm Judge                  Booker            Kaine           Schatz
                                               My people can’t afford this. And the                  Dana Douglas to the U.S. Court of Ap-                  Brown             Kelly           Schumer
                                             reality is, people are already dropping                 peals for the Fifth Circuit.                           Burr              Kennedy         Shaheen
                                             flood insurance. They are saying: We                                                                           Cantwell          King
                                                                                                       Born and raised in New Orleans,                      Capito            Klobuchar
                                                                                                                                                                                              Sinema
                                             just can’t pay for it. Something has to                 Judge Douglas’ passion for the law and                                                   Smith
                                                                                                                                                            Cardin            Leahy
                                                                                                                                                                                              Stabenow
                                             give. We have inflation at 8 percent or                 public service was inspired by her fam-                Carper            Luján
                                                                                                                                                            Casey                             Tester
                                             my rent has gone up. Food has gone up.                  ily’s background in law enforcement.                                     Manchin
                                                                                                                                                            Cassidy           Markey          Tillis
                                             Gas has gone up. We just can’t afford                   In particular, her mother, Ms. Ida                     Collins           Menendez        Toomey
                                             it.                                                     Woodfork, served in the Orleans Parish                 Coons             Merkley         Van Hollen
                                               The number of flood insurance poli-                                                                          Cornyn            Murphy          Warner
                                                                                                     Sheriff’s Office for 30 years, and her                                                   Warnock
                                             cies in eight of my parishes—we call                                                                           Cortez Masto      Murray
                                                                                                     uncle, Mr. Warren Woodfork, Sr., was                   Duckworth         Ossoff          Warren
                                             our counties parishes—in eight of my                    the first Black superintendent of the                  Durbin            Padilla         Whitehouse
                                             parishes or counties, the number of                     New Orleans Police Department.                         Feinstein         Peters          Wicker
                                             policies has dropped from 290,000 in Oc-                  Judge Douglas earned her B.A. in so-                 Gillibrand        Portman         Wyden
                                                                                                                                                            Graham            Reed            Young
                                             tober 2021 to 267,000 in November of                    cial work and Black world studies at
                                             2022, and it has fallen.                                Miami University and received her J.D.                                     NAYS—31
                                               So that is 22,000 people—almost                       from Loyola University School of Law.                  Barrasso          Hawley          Paul
                                             23,000—out of only 8 parishes or coun-                  From there, she clerked for Judge Ivan                 Blackburn         Hoeven          Risch
                                                                                                                                                            Boozman           Hyde-Smith      Rubio
                                             ties who have had to give up their flood                L.R. Lemelle on the U.S. District Court                Braun             Inhofe          Sasse
                                             insurance.                                              for the Eastern District of Louisiana.                 Cotton            Johnson         Scott (FL)
                                               Now, it is not just Louisiana, Mr.                      Judge Douglas then spent 18 years                    Cramer            Lankford        Scott (SC)
                                             President. You may be having the                                                                               Crapo             Lee
                                                                                                     litigating, trying four cases to verdict               Daines            Lummis
                                                                                                                                                                                              Shelby
                                             problem in California.                                  or judgment and handling several ad-                   Ernst             Marshall
                                                                                                                                                                                              Thune
                                               The Associated Press estimates that                                                                                                            Tuberville
                                                                                                     ministrative matters before State                      Fischer           McConnell
                                             1 million fewer Americans will be able                  agencies. Although she worked in pri-                  Hagerty           Moran
                                             to afford to buy flood insurance by the                 vate practice, she also served the com-                                  NOT VOTING—4
                                             end of the decade because of Risk Rat-                  munity for 9 years as a commissioner                   Cruz              Murkowski
                                             ing 2.0, their algorithm, their secret                  and then vice president of the New Or-                 Hickenlooper      Sullivan
                                             sauce. And E&E News has identified                      leans Civil Service Commission, a                        The nomination was confirmed.
                                             425,000 policyholders across the country                quasi-judicial body regulating the                       The PRESIDING OFFICER (Ms.
                                             who have already discontinued cov-                      city’s civil service.                                  SINEMA). Under the previous order, the
                                             erage.                                                    Since 2019, Judge Douglas has served                 motion to reconsider is considered
                                               What does that mean for each State?                   as a magistrate judge for the Eastern                  made and laid upon the table, and the
                                             Well, for example, cancellations of                     District of Louisiana. In that time, she               President will be immediately notified
                                             flood insurance because they can’t af-                  has authored 111 reports and rec-                      of the Senate’s action.
                                             ford it. Eleven percent of the people of                ommendations, all of which have been                                     f
                                             California who were buying flood insur-                 adopted in whole or in part by the dis-
                                             ance can’t afford it anymore, they have                 trict court.                                                            RECESS
                                             dropped it; 11 percent of the policy-                     Judge Douglas enjoys the strong sup-                   The PRESIDING OFFICER. Under
                                             holders in Texas; 9.6 percent in Florida;               port of Senators KENNEDY and CASSIDY,                  the previous order, the Senate stands
                                             in Virginia, North Carolina, Georgia,                   and the American Bar Association                       in recess until 2:15 p.m.
                                             and South Carolina, 8 percent.                          unanimously rated her as ‘‘qualified’’                   Thereupon, the Senate, at 12:58 p.m.,
                                               Now, this is a disaster waiting to                    to serve on the Fifth Circuit.                         recessed until 2:15 p.m. and reassem-
                                             happen. And I am all for a fair system,                   If confirmed, Judge Douglas will be                  bled when called to order by the Pre-
                                             but I will tell you what I am not for. I                the first woman of color to serve on the               siding Officer (Mr. MURPHY).
                                             am not for having a Federal Agency,                     Fifth Circuit.                                                           f
                                             without consulting the U.S. Congress,                     Judge Douglas’ experience, qualifica-
                                             without talking to you, Mr. President,                  tions, and temperament will be assets                   EXECUTIVE CALENDAR—Continued
                                             about your policyholders in California                  on the Fifth Circuit, and I urge my col-                 The PRESIDING OFFICER. Under
                                             or me in Louisiana, without explaining                  leagues to join me in supporting her                   the previous order, the Senate will re-
                                             to us how they are doing it, just unilat-               nomination.                                            sume consideration of the following
                                             erally raising prices with an algorithm                          VOTE ON DOUGLAS NOMINATION                    nomination, which the clerk will re-
                                             or their secret sauce, as I call it.                      The PRESIDING OFFICER. Under                         port.
                                               Now, Senators CASSIDY and GILLI-                      the previous order, the question is, Will                The senior assistant legislative clerk
                                             BRAND and I have introduced a bill. It                  the Senate advise and consent to the                   read the nomination of Jay Curtis
                                             is called the Flood Insurance Pricing                   Douglas nomination?                                    Shambaugh, of Maryland, to be an
                                             Transparency Act. It is a bipartisan                      Ms. SMITH. Mr. President, I ask for                  Under Secretary of the Treasury.
                                             bill. All we are asking that FEMA do is                 the yeas and nays.                                             VOTE ON SHAMBAUGH NOMINATION
                                             talk to us and tell us how they are                       The PRESIDING OFFICER. Is there a                      The PRESIDING OFFICER. The
                                             coming up with these rate increases.                    sufficient second?                                     question is, Will the Senate advise and
                                               The American people pay the salary                      There is a sufficient second.                        consent to the Shambaugh nomina-
                                             of the people at FEMA, and my people                      The clerk will call the roll.                        tion?




dlhill on DSK120RN23PROD with SENATE
                                             and your people, Mr. President, deserve                   The bill clerk called the roll.                        Mr. CARDIN. I ask for the yeas and
                                             to know how their policies are being                      Mr. DURBIN. I announce that the                      nays.
                                             priced.                                                 Senator      from      Colorado      (Mr.                The PRESIDING OFFICER. Is there a
                                               And, Mr. President—Mr. President                      HICKENLOOPER) is necessarily absent.                   sufficient second?
                                             Biden, if you are listening—I hope you                    Mr. THUNE. The following Senators                      There appears to be a sufficient sec-
                                             will pick up the phone and you will call                are necessarily absent: the Senator                    ond.



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