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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“Congressional Record — Senate, December 13, 2022.”
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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.’’
dlhill on DSK120RN23PROD with SENATE
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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