Congressional Record, December 15, 2022 — Senate

Summary

Page S7220 of the Congressional Record, Senate, dated December 15, 2022, covers Senate action on the Further Continuing Appropriations and Extensions Act, 2023, in which Mr. Schumer moves to concur in the House amendment and offers amendments to modify effective dates, asking for the yeas and nays. Mr. Hawley speaks on the No TikTok on Government Devices Act, saying the Senate the previous night unanimously passed legislation to ban TikTok on all Government devices and that TikTok is owned by ByteDance. Mr. McConnell then delivers a tribute to Patrick J. Toomey, including his role in the tax reform of 2017.

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S7220 CONGRESSIONAL RECORD — SENATE December 15, 2022
Paul Rounds Scott (FL) The PRESIDING OFFICER. The The PRESIDING OFFICER. The
Risch Sasse Scott (SC)
clerk will report. clerk will report.
NOT VOTING—5 The senior assistant legislative clerk The senior assistant legislative clerk
Barrasso Burr Tillis read as follows: read as follows:
Blunt Cruz The Senator from New York [Mr. SCHUMER] The Senator from New York [Mr. SCHUMER]
The motion was agreed to. proposes an amendment numbered 6535 to proposes an amendment numbered 6538 to
amendment No. 6534. amendment No. 6537.
f Mr. SCHUMER. I ask unanimous con- Mr. SCHUMER. I ask unanimous con-
FURTHER CONTINUING APPRO- sent that further reading be dispensed sent that further reading of the amend-
PRIATIONS AND EXTENSIONS with. ment be waived.
ACT, 2023 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without
objection, it is so ordered. objection, it is so ordered.
The PRESIDING OFFICER. The The amendment (No. 6535) is as fol- The amendment (No. 6538) is as fol-
Chair lays before the Senate the fol- lows: lows:
lowing message from the House. (Purpose: To modify the effective date) (Purpose: To modify the effective date)
The senior assistant legislative clerk On page 1, line 3, strike ‘‘1’’ and insert ‘‘2’’. On page 1, strike ‘‘5’’ and insert ‘‘6’’.
read as follows: MOTION TO REFER WITH AMENDMENT NO. 6536 Mr. SCHUMER. I yield the floor.
Resolved, That the House agree to the Mr. SCHUMER. Mr. President, I The PRESIDING OFFICER (Ms. COR-
amendment of the Senate to the bill (H.R. move to refer the House message to the TEZ MASTO). The Senator from Mis-
1437) entitled ‘‘An Act to amend the Weather
Committee on Appropriations with in- souri is recognized.
Research and Forecasting Innovation Act of
2017 to direct the National Oceanic and At- structions to report back forthwith NO TIKTOK ON GOVERNMENT DEVICES ACT
mospheric Administration to provide com- with an amendment No. 6536. Mr. HAWLEY. Madam President, last
prehensive and regularly updated Federal The PRESIDING OFFICER. The night, the Senate took the important
precipitation information, and for other pur- clerk will report. step of unanimously, on a bipartisan
poses’’, with a House amendment to Senate The senior assistant legislative clerk basis, passing legislation to ban
amendment. read as follows: TikTok on all Government devices.
The PRESIDING OFFICER. The ma- The Senator from New York [Mr. SCHUMER] Now, this has been a longtime com-
moves to refer the bill to the Committee on ing. I first introduced this piece of leg-
jority leader.
Appropriations with instructions to report
MOTION TO CONCUR back forthwith with an amendment num-
islation almost 3 years ago. But last
Mr. SCHUMER. Mr. President, I bered 6536. night’s legislation is vitally important
move to concur in the House amend- Mr. SCHUMER. I ask unanimous con- because never has the security threat
ment to the Senate amendment, and I sent that further reading be waived. to the American people from the Chi-
ask for the yeas and nays on the mo- The PRESIDING OFFICER. Without nese Communist Party been more
tion to concur. objection, it is so ordered. grave and never has the determination
The PRESIDING OFFICER. Is there a The amendment (No. 6536) is as fol- on the part of the Chinese Communist
second? lows: Party to leverage every possible asset,
There is a sufficient second. (Purpose: To add an effective date) every possible platform to gather infor-
The yeas and nays are ordered. At the end add the following: mation—personal information—from
The PRESIDING OFFICER. The ma- SEC. EFFECTIVE DATE. the American people been more serious
jority leader is recognized. This Act shall take effect on the date that than it is now. That is why last night’s
is 4 days after the date of enactment of this action by this body is so critical.
MOTION TO CONCUR WITH AMENDMENT NO. 6534
Act. Let’s talk about TikTok for a mo-
Mr. SCHUMER. Mr. President, I Mr. SCHUMER. I ask for the yeas ment, the most downloaded app in the
move to concur in the House amend- and nays on the motion. world for the last 2 and 3 years run-
ment with an amendment No. 6534, The PRESIDING OFFICER. Is there a ning. Back in 2020, over 100 million
which is at the desk. sufficient second? Americans—100 million—used TikTok,
The PRESIDING OFFICER. The There appears to be a sufficient sec- and that was over 2 years ago. Since
clerk will report. ond. 2022, TikTok’s average monthly users—
The senior assistant legislative clerk The yeas and nays are ordered. and this year, every quarter of this
read as follows: AMENDMENT NO. 6537 TO AMENDMENT NO. 6536 year—has increased by 234 percent. It
The Senator from New York [Mr. SCHUMER] Mr. SCHUMER. I have an amendment is incredible growth. You can see why.
moves to concur with the House amendment to the instructions, which is at the It is a fun app to use.
to the Senate amendment with an amend- desk. Here is what Americans don’t know
ment numbered 6534. The PRESIDING OFFICER. The because TikTok doesn’t want them to
Mr. SCHUMER. I ask unanimous con- clerk will report. know. It is that the app runs continu-
sent that further reading be dispensed The senior assistant legislative clerk ously in the background of your phone
with. read as follows: or device. It collects your keystrokes.
The PRESIDING OFFICER. Without The Senator from New York [Mr. SCHUMER] It has access to your email, access to
objection, it is so ordered. proposes an amendment numbered 6537 to your calendars, access to the notes and
The amendment (No. 6534) is as fol- the instructions to the motion to refer. clipboard functions of your computer
lows: Mr. SCHUMER. I ask unanimous con- or iPhone or tablet or device. It, of
(Purpose: To add an effective date) sent that further reading be waived. course, tracks your geolocation. It is
The PRESIDING OFFICER. Without essentially an evidence-gathering,
At the end add the following:
objection, it is so ordered. data-gathering machine that runs on
SEC. EFFECTIVE DATE.
The amendment (No. 6537) is as fol- your phone.
This Act shall effect on the date that is 1
lows: Can you turn it off? Can you stop it
day after the date of enactment of this Act.
(Purpose: To modify the effective date) from doing these things? No, you can’t,
Mr. SCHUMER. I ask for the yeas On page 1, line 3, strike ‘‘4’’ and insert ‘‘5’’. not if you want to use the app.
and nays on the motion to concur with What is the connection to Beijing?
Mr. SCHUMER. I ask for the yeas
an amendment. Only this: that TikTok is owned by
and nays on my amendment.
The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there a ByteDance. Under Chinese law that
sufficient second? sufficient second? company must—must—provide all data
There appears to be a sufficient sec- There appears to be a sufficient sec- to the Chinese Communist Party that

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ond. ond. the party wants upon its request.
The yeas and nays are ordered. The yeas and nays are ordered. We know that there are Chinese Com-
AMENDMENT NO. 6535 TO AMENDMENT NO. 6534 AMENDMENT NO. 6538 TO AMENDMENT NO. 6537 munist Party members in TikTok lead-
Mr. SCHUMER. I have an amendment Mr. SCHUMER. I have an amendment ership. We know that the Chinese Com-
at the desk to amendment No. 6534, to amendment No. 6537, which is at the munist Party has held so-called train-
which is at the desk. desk. ing sessions for ByteDance and TikTok

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December 15, 2022 CONGRESSIONAL RECORD — SENATE S7221
employees. We know that this data— decades total in Congress, PAT’s com- known as passing the trash, had let an
Americans’ data—is available to the manding mastery of economic issues offender who had abused a child in
Chinese Communist Party, to Beijing, has had a massive, massive impact on Pennsylvania proceed to strike again
because of TikTok, and it is time we his State and his country. in West Virginia. With the help of the
did something to protect American Our friend takes particular pride, as senior Senator from that State, PAT
users. he should, in his leading role in deliv- spearheaded legislation that compels
We have been warned repeatedly by ering the generational tax reform of States to crack down on this abhorrent
our own intelligence Agencies that 2017. Most people involved in that mas- practice.
TikTok is a security threat. Heck, the sive effort found it exhausting. PAT Another time, through sheer will-
Director of the FBI has testified under considered it energizing. Our resident power, PAT literally became a life-
oath that TikTok poses major security economist was actually in his element, saving legislative guardian angel for a
risks. That is why the Pentagon, the and the work he helped lead created young Pennsylvanian battling cystic
State Department, the Department of one of the best economic moments for fibrosis. Sarah Murnaghan was only 12
Homeland Security, TSA, the Navy, working Americans in a generation, be- years old when outdated and tangled
the Army, the Air Force, the Coast fore the pandemic. rules around lung transplants put her
Guard, and the Marine Corps have al- But tax reform is far from the only young life in serious peril. PAT rallied
ready banned the use of TikTok on fruit of PAT’s labors. From the JOBS a coalition of Members. They relent-
Government devices. The only sensible Act of 2012, which put financial mar- lessly lobbied the executive branch. A
next step is for this Congress to act to kets more within the reach of everyday Federal judge weighed in, and, long
make that ban across the board for all investors, to the CARES Act, where story short, that young lady got her
Federal devices. PAT helped steer our bedrock financial transplant and is still with us today.
Now TikTok has tried to get in on institutions through pandemic turmoil, PAT’s creative problem-solving has
the act. They issued a statement this we knew we were getting a principled known few bounds. The way I hear it,
morning admitting that there may be firebrand when our friend joined the one time, our colleague literally lever-
national security concerns with their Senate. aged the America’s Cup sailboat race
platform, after denying it under oath We have also gotten a collegial con- as a way to get a specialized transport
for years on end to Congress. But they sensus-builder. Whether it was PAT’s ship reflagged so that Pennsylvania’s
also begged Congress not to do any- work on the 2011 supercommittee or his natural gas industry could keep mov-
thing rash like actually take action. tenure at the top of the Banking Com- ing useful byproducts to market.
They said: No, no, no, no. Wait, wait. mittee, PAT has blended principle, In the midst of all of this, PAT made
Negotiate with us. pragmatism, and persuasion. sure his office’s casework for Penn-
Well, I just say this: The time to wait He is always professional and re- sylvanians was just as superlative. His
to secure the privacy of American citi- spectful to his colleagues, to nomi- team’s incredibly tight turnaround for
zens is long past, and the least we can nees—to everybody. He is unusually responding to constituents has earned
do, the very first step we can take, is skilled at fighting the fight and unusu- PAT praise from unlikely corners. I un-
to ban this app and its use on Federal ally skilled at getting an outcome. derstand that, one time, former Presi-
Government devices. PAT’s life and career have brought dent Clinton went out of his way to in-
I hope that now the House and the him a long way, but you still see the form our colleague that a friend of his
Senate will act together to move this seeds that were planted by his father— in the Keystone State couldn’t believe
legislation quickly to the President’s a marine vet and utility worker. There how quick and substantive was a reply
desk and we can take the further his- wasn’t any legacy fast track into the he or she had gotten from Senator
toric step of seeing this legislation en- Ivy League, but thanks to a good up- TOOMEY’s office.
acted into law, protecting the privacy bringing, it was hard work and sheer While many Capitol Hill offices
and the security of every single Amer- brainpower that paved our friend’s struggle just to turn around the cor-
ican. PATh to a prep school merit scholar- respondence that comes in, I have it on
It is within our reach. Let’s act now ship and then on to Harvard. good authority that PAT will literally
and get it done. PAT cut his professional teeth as a go combing through local newspapers’
Madam President, I yield the floor. trader in New York and Hong Kong—a ‘‘Letters to the Editor’’ so that he can
The PRESIDING OFFICER. The Re- free marketeer right from the start. proactively initiate contact with Penn-
publican leader. But right as his Wall Street opportuni- sylvanians who haven’t even sought
TRIBUTE TO PATRICK J. TOOMEY ties were taking off, PAT hit pause on him out.
Mr. MCCONNELL. Madam President, his big city rise and put his economic Even the most eager morning people
the Senate is often labeled as the instincts to an even higher stakes test: on PAT’s staff have learned to expect
world’s greatest deliberative body—a He actually headed back to Allentown the lights will already be on when they
place where generations of titanic to set up a family business from get to the office—their boss, already
statesmen have asked the deep ques- scratch. The small restaurant PAT and primed with ideas and questions: ‘‘I
tions about America, questions like: his brothers started was a proving think we could come at this a few dif-
How do we balance individual liberty ground for PAT’s deep convictions in ferent ways’’ or ‘‘Have you seen how
with the common good? What role the community-building, life-changing German Government bonds are trading
should we play on the world stage? and power of free enterprise and entrepre- today?’’
‘‘How should tax depreciation affect a neurship. But our colleague is also known for
small restaurant owner who is buying a I understand PAT’s first venture into his thoughtful, almost fatherly leader-
new Fry-o-lator?’’ elected office, a local commission, was ship style. PAT holds everyone to a
Anyone around the Senate would rec- mostly just an effort to make sure bu- high standard, especially himself, but
ognize that last query as the work of reaucrats didn’t meddle with the suc- if something goes amiss, there is no
our detail-oriented, hometown-focused, cess of Rookies Restaurant and others quick temper, are no harsh words—just
economic whiz—the junior Senator like it. a facial expression that his team affec-
from Pennsylvania, PAT TOOMEY. The rest, of course, is history. PAT tionately calls ‘‘that ‘disappointed dad’
PAT’s entire sterling career—from Toomey became a formidable Congress- look.’’ And no matter what happens,
the private sector to the House, to non- man, then a pivotal outside player, and everyone is invited to the annual pool
profit activism, to the Senate—has re- finally a masterful and essential Sen- party at PAT’s house.
volved around the reality that econom- ator. PAT has led the charge for his fel- Talk about an interesting Senate

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ics is central to daily life. What can low Pennsylvanians on one front after creature—a man with a brain formed
seem like dry details or esoteric issues another. on the trading floor and a heart shaped
can determine whether whole societies In one instance, he responded to trag- by Lehigh Valley kitchen tables.
rise or fall and whether hard-working edy close to home with a solution for PAT’s true loves are family and free
families struggle or succeed. For two the entire country. Heinous buck-pass- enterprise. This combination has made
terms in the Senate and almost two ing on child abuse in public schools, him a formidable Senator, but it has

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S7222 CORRECTION CONGRESSIONAL RECORD — SENATE December 15, 2022
also shown us the writing on the wall: that he could appoint, be interested in what it was, my staff was on the ball
The Senate was never going to keep a successful outcome? getting the job done and doing it with
our friend forever. I would suggest that one of the a great attitude.
PAT is always careful to refer to his things that is underappreciated about My personal office here in DC, both
Senate service as the ‘‘greatest profes- Leader MCCONNELL is how relentlessly when I was in the House and in the
sional honor of my life.’’ Note the ca- focused he is on outcomes. It is hard to Senate, also are just terrific, terrific
veat, because everyone knows what know because he doesn’t tell us that people.
PAT sees as the greatest honor overall. much about what he is thinking, if you You know, I represent a very big
We have seen our friend fiercely guard haven’t noticed, but I am pretty sure State that is relatively close to DC so
every possible moment of family nor- that that is a big driver. we have a huge number of constituents
malcy with Kris and their three kids. So, Leader MCCONNELL, I appreciate who want to come down and make
We have seen hours blocked off on your leadership. I appreciate the con- their case, as they should. Most of
PAT’s calendar on a weeknight under fidence you placed in me. I appreciate those meetings end up getting taken by
the label ‘‘Duncan’s Baseball Prac- our friendship and terrific working re- our staff, as you know. They have just
tice.’’ We have heard about evening lationship. done such a great job.
sprints to the train station in order to For the many thanks that I have to Our leg and comms shops are always
make it to a Christmas pageant—only give, I will start with my family. working so hard to get the policy ex-
to see our friend right back here the Starting with my parents, they did a actly right and get our message right;
very next morning. great job raising six kids, I will tell the administrative staff that kept
So like I said, Madam President, you that much. things running smoothly so I never had
family and free enterprise—the two I have to really stress my gratitude to worry about anything.
great loves. for my wife Kris. Most of you probably I have to say a special thanks to the
I heard a classic PAT TOOMEY story don’t know, but Kris had a very suc- Banking Committee staff. I have been
where a young intern in his office was cessful and promising career as a con- on the Banking Committee since I got
excitedly telling his friends about the sultant, which she put aside so that I here, but only the last 2 years have I
prestigious ivory tower Path that he could pursue mine. So, in many ways, I been the ranking member on the com-
was aspiring to. Apparently, his boss, think she had a tougher job because mittee. I honestly think we accom-
the Senator, chimed in with something she was home raising three kids. And plished about as much as you can when
to the effect of, Yeah, that sounds she has done a phenomenal job of that. you are in the minority, and so much
great, but have you ever considered Last month, we celebrated our 25th
of it is because it is a great team.
opening up a small business? wedding anniversary, and I think I will
We focused on all the areas of juris-
So while we are going to miss PAT spend the next 25 years letting her
diction of the committee: financial
around these parts, none of us can know how much I appreciate her.
Our kids are here. Bridget is 22; Pat- services, monetary policy, housing,
claim surprise that family and free en-
rick is 21; and Duncan is 121⁄2. transit. We did a lot of important work
terprise have teamed up to steal him
You know, growing up in a political on the nominees to important regu-
back.
family has its disadvantages. You latory posts. I think we did a good job
Since we are talking about an all-
would be surprised to learn, but it of providing the oversight of powerful
star Senate dad, let me put it this way:
seems like about every 6 years or so regulators, including encouraging them
PAT, your colleagues and I aren’t mad.
people ran some really nasty ads about to stay in their lanes. I will always be
We are just disappointed.
(Laughter.) me on television. They did. The kids grateful to them.
You have achieved so much. You see ads, obviously. Also, I missed more By the way, many of them are still
have done just what you hoped to. of their activities than I would have here, and they will be here to the bitter
Congratulations, and thank you. liked to because I had to be here, but end. We are still processing requests
The PRESIDING OFFICER. The Sen- they were always terrifically under- for the omni.
ator from Pennsylvania. standing about that. I am sure looking I have got to say a big thanks to the
FAREWELL TO THE SENATE forward to spending more time with campaign teams that I have had over
Mr. TOOMEY. Madam President, I each of them. the years. You know, my first House
rise for the customary farewell address. For those of us who serve on this primary was a very improbable success.
I would like to begin by thanking our body, we all know that staffs are the I know most of you are thinking any
colleague and our leader, MITCH unsung heroes of our successes. I have election that I won was an improbable
MCCONNELL, for his very, very kind been luckier than anybody deserves to success. I get that. But I can tell you
words. be with the teams that I have had for sure, it wouldn’t have happened
I appreciate that, Leader MCCON- working for me over the years—18 without a terrifically talented and
NELL. I would also like to say that I ap- years in public office over a 24-year pe- dedicated campaign staff, some of
preciate the confidence you have re- riod; 6 in the House and 12 in the Sen- whom became part of the official staff,
peatedly placed in me. Your recollec- ate. I have just had wonderful, wonder- others have chosen to stay on the po-
tions have brought back many memo- ful folks—mostly younger people, as we litical side.
ries. know our staffs tend to be, but just ter- As for all of you guys, my colleagues,
One was the supercommittee. I rifically capable, hard-working, bright I have teamed up with every Repub-
served on the supercommittee, but people. lican at some point over the years, and
what most of you probably don’t know My State staff, for instance—Leader most of my Democratic colleagues also
is that Leader MCCONNELL had great MCCONNELL was kind enough to point at one time or another, and it has been
reservations about putting me on the out—the reputation that we had. I a real honor and it has been a privilege
supercommittee. Oh, yes, he grilled me don’t deserve the credit for that. They to work with each of you. You folks
for what seemed like hours over several are the ones who worked so hard on be- have been terrific allies, even when it
occasions. half of our constituents. is on an item that is a rare item of
Here is why: He grilled me because he From Philly to Erie and the other 65 agreement.

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wanted an outcome. And his concern counties and enumerable little bor- Speaking of which, let me say a word
was, will this firebrand from the Club oughs and townships, every day they about my colleague BOB CASEY. You
for Growth be willing to compromise, approached constituent service with know, I don’t think you could ask for a
be willing to reach an agreement that enthusiasm and professionalism that more collegial, thoughtful colleague
couldn’t possibly be exactly what he was amazing. I mean, little boroughs than the fellow that shares the senato-
wanted? requesting Federal grants and busi- rial responsibilities with me for Penn-
What was most important—as I re- nesses struggling with Federal bu- sylvania. The fact is, we canceled each
call from our conversations—to Leader reaucracies and regulations, veterans other’s vote out almost every time—
MCCONNELL was that the people on stymied by the VA or the Social Secu- that is a true fact—but we have also
that supercommittee, at least the ones rity Administration—it didn’t matter worked together when we could.

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December 15, 2022 CONGRESSIONAL RECORD — SENATE CORRECTION S7223
One of the areas where we had just group of Senators, Finance Committee much bigger than that. We are the po-
tremendous success is filling vacancies members, who got a chance to develop litical representation of this huge cen-
on the Federal bench in Pennsylvania. and help pass the 2017 tax reform. That ter-right coalition across America. On
In fact, Senator CASEY, and according group included Senator PORTMAN, Sen- a good day, that is more than half of
to the last count that I have, you and ator SCOTT, Senator THUNE, and count- Americans.
I working together these last 12 years less hours that we spent in a con- And I hope we resist the temptation
got 33 Federal judges confirmed to the ference room dealing with what was a to adopt the protectionist, nativist,
bench in Pennsylvania. very complex product. isolationist, redistributive policies
Now, that happens because we have We took our draft, and we presented that some are suggesting we embrace. I
great staff work happening; we have it to our colleagues, and over a course think those are inconsistent with the
volunteers who do a wonderful job of of many weeks, we kind of iterated our core values of a majority of the people
vetting candidates across our Common- way to what became the most sweeping in this coalition. More important, I
wealth; but it also happens because tax reform in at least 30 years. And we think those ideas lead to bad outcomes
BOB and I wanted to get this job done expanded economic freedom with that for our country.
so that the people of Pennsylvania product. Honestly, I have to tell you, I For my Democratic colleagues, I
could have justice. And I think that think the results were even better than have heard many of you passionately—
only two—only New York and Cali- what we had hoped for. and I believe sincerely—declare your
fornia have had more judges confirmed By the time the tax reform had been determination to defend our democ-
in this time. fully implemented—I think calendar racy, but I would suggest we all re-
So, Senator CASEY, I appreciate the year 2019—we had the strongest econ- member that democracy requires much
great working relationship we have omy of my lifetime. We had strong eco- more than the ease of voting in an elec-
had. nomic growth, a 50-year low unemploy- tion.
As a general matter, as a body, I ment, alltime record-low unemploy- Elections are absolutely necessary,
think we all understand we are not ment for African Americans, alltime but they are an insufficient condition
that popular, but I don’t think I have record-low unemployment for Hispanic for a truly democratic society.
ever worked with a more impressive Americans and other ethnic minority Elections really are a means to an
group of individuals. So I appreciate groups. Wages were growing, and they end; they are not the end themselves.
having had that chance. were growing faster than the rate of in- The end, or purpose, of elections is to
I also have to thank the people of flation, which means that workers provide the mechanism of account-
this great Commonwealth of Pennsyl- were able to see a rise in their standard ability of the government to the people
vania that my family and I get to live of living. And wages were growing fast- whose consent is our sole source of le-
in. Leader MCCONNELL used my line. It est for the lowest income Americans so gitimacy.
is true, and I say it all the time, and it we were also narrowing the income When we hand over Congress’s re-
will always be true, representing Penn- gap. sponsibilities to unelected and, there-
sylvania in the U.S. Senate for these 12 We ended corporate inversions. There fore, unaccountable parts of our gov-
years has been the greatest honor of hasn’t been one since. Remember how ernment—be that the courts or inde-
my professional life. I will always be frequently they were occurring? pendent regulators or executive branch
enormously grateful to the wonderful And with a lower corporate tax rate Agencies—we really undermine our de-
people of this great State for their en- but also fewer deductions, business mocracy, which, of course, is really our
trusting me with this awesome respon- boomed. The corporate tax rate was Republic, because we weaken the ac-
sibility. down to 21 percent. This year, with a countability of our government.
I am also uniquely grateful to the 21-percent top rate, we are exceeding Now, look, both sides have done this
people, the volunteers, who made those the revenue projections that were made over time, but I would just hope we
campaigns successful. prior to tax reform when the rate was could all agree that preserving more
When I think about my mission in 35 percent. This is not just about infla- responsibility and, therefore, account-
the Senate, I think about two com- tion. As a share of our economy, total ability for the legislative branch of
plementary aspects of it. Federal tax revenue is at a multi- government is a good thing for our Re-
First, it is to represent and defend decade high. So much for the thought public.
the specific interests of Pennsylvania, that we were going to increase the size And then two suggestions for this
and I tried to do that to the best of my of the deficit from the tax reform. amazing, historic institution. The first
ability. Oh, and by the way, we also made the one—and it is the most important one:
You know, I think sometimes we are Tax Code even more progressive than it Please keep the filibuster. It is the
such a big and diverse State that what was. That is right. Higher earners now only mechanism that forces bipartisan
is good for Pennsylvania is usually pay a greater portion of the total tax consensus. It prevents governance from
good for America and vice versa, but it burden than they did before our tax re- the extremes. By forcing bipartisan-
has also been important to me to de- form. ship, it results in more durable legisla-
fend and advance the cause of personal I know my Democratic colleagues tion and so lessens the likelihood of big
freedom. In the hierarchy of political were skeptical about this, and I under- swings in policies. It provides stability
values, freedom is first for me. stand. But I would like to suggest, the for our constituents. And if you want
I think the purpose, the real purpose data is in, and it is really good. There to see more polarization, get rid of the
of government is to secure the bless- are important provisions that are filibuster and we will have much more
ings of liberty, and government too scheduled to expire, and I do hope that polarization.
often is the source of restrictions on Congress and the administration can The second thought I had that I
our freedom instead. find a bipartisan path to extending—or wanted to share with you is, I think we
But in this category of defending and better still—making permanent these can all agree that the Senate has not
advancing personal freedom, my focus otherwise expiring provisions. been functioning as well as it once did
has tended to be the economic realm. I hope you will indulge me for just a and as it really should. I don’t think
Economic freedom is a fundamental as- few moments to make a couple of other too many committees are producing

sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
pect of personal freedom, and there is a recommendations. I have got one for too much legislation the old-fashioned
well-documented high correlation be- my Republican colleagues; I have got way. The old-fashioned way was actu-
tween a society’s economic freedom one for my Democratic colleagues— ally a pretty good vetting process for
and the level of prosperity and the mostly for my Democratic colleagues— developing legislative ideas. And when
standard of living of the people in that and two for this institution that we legislation does get to the floor, typi-
society. have had this privilege to serve in. cally, there are very few substantive
So you probably won’t be surprised For my Republican colleagues, let amendments that are allowed to be
to learn that I think my biggest legis- me just say, our party can’t be about considered.
lative accomplishment was that oppor- or beholden to any one man. We are The result is, as a body, it is very dif-
tunity that I had to be a part of a small much bigger than that. Our party is ficult for us to discover whether and

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S7224 CONGRESSIONAL RECORD — SENATE December 15, 2022
where there might be a consensus. I and cities were being burned down. And and not to try to undermine each
know there are a lot of reasons for this, this Chamber, this very Chamber we other.
including political polarization, rea- are in right now, first opened its doors As Senator TOOMEY outlined, I think
sons why the Senate behaves in a way in 1859. Imagine living through the dec- the manifestation of the work we did
that tends to block debate and voting. ade that followed that. together—or maybe the most evident
But there might be some relatively As for the economy, look, there are manifestation of that—was the work
modest tweaks in Senate rules that always risks to any economy. Ours is we did on Federal district court judges.
might just facilitate restoring some of no exception. I think inflation is a sig- As everyone knows who follows the
what used to be normal functioning. I nificant problem. There is a possibility work of the Senate, Senators make rec-
know a lot of you have done a lot of we have a recession next year. We have ommendations to an administration
work in this and that work is still un- huge and growing national debt, and I about who should serve on the district
derway. Let me suggest you consider think that is going to be a real chal- courts in their State. In our State, we
one small tweak, a small but impor- lenge for us. have an Eastern District, a Middle Dis-
tant technical change to a rule, the But I think it is worth remembering trict, and a Western District. Depend-
rule which enables the obstruction of this: The vast majority of Americans ing on which month or year you are in,
the body. have a much higher standard of living you have vacancies in each of those
I am not talking about the filibuster today than our parents did when they Federal districts throughout the State.
but, rather, the rule that effectively re- were our age. And a rising standard of And if you want a judge or a candidate
quires unanimous consent, in most living is, after all, the purpose of eco- to be a judge to advance, you have to
cases, to allow a vote on an amend- nomic growth. work with your colleague.
ment, any amendment, even a germane So I always answer that question Now, it is a little easier when you
amendment. about America’s future with the truth, have two Democrats and two Repub-
I can tell you, most Pennsylvanians and that is that, despite our chal- licans. It is more challenging when you
are very surprised to learn that in lenges, I am extremely bullish on have a split delegation in the Senate.
order for a Senator to get a vote on al- America. And I think my optimism is But we worked together. And as Sen-
most anything, he or she needs the per- easily justified by our history. ator TOOMEY made reference to, we vet-
mission of every other Senator. I don’t America has always been able to sur- ted and then advanced for nomination
think this rule is workable any longer, vive and thrive, and America remains and then saw through the confirmation
and it contributes to the dysfunction. the greatest nation in the history of of 33 Federal and district court judges
So I have just got a simple idea: Con- the world. If we keep on being Ameri- in 12 years.
sider raising the threshold for blocking cans, we will remain the greatest na- He mentioned that it was the third
an amendment to some number greater tion on the planet. highest other than California and
than one. Thank you, Madam President. Texas. But what is noteworthy about
Now, I support the filibuster because (Applause, Senators rising.) that—really significant, I believe—is
I think it is reasonable for 41 Senators The PRESIDING OFFICER. The Sen- that it was from a split-delegation
to be able to block legislation. It just ator from Pennsylvania. State. The two States I just mentioned
doesn’t seem reasonable for one. So I TRIBUTE TO PATRICK J. TOOMEY didn’t have that split. So it is a sin-
don’t know what the right number is, Mr. CASEY. Madam President, I rise gular achievement that we should both
and I am not religious about this. to offer some remarks about my col- be proud of. But, as he also indicated,
Maybe it is 10. Maybe it is 20. Maybe it league from Pennsylvania, Senator our staffs deserve the lion’s share of
is 50. But I would just suggest that this TOOMEY. the credit. They had to do so much
body consider somehow raising the bar I think you can tell from his presen- work in making sure that those nomi-
of preventing the Senate from func- tation today what he holds most dear, nees were vetted and could be ad-
tioning. There may be better ways to and, of course, that is his family—both vanced.
do it, but that is one suggestion. Kris, his wife, and his children—and I So I am grateful for that work that
Let me conclude with this: You am so happy that he is going to be able he did with me and with our office for
know, we have all inherited something to spend more time with them. the State of Pennsylvania. And, PAT, I
really, really, truly special. I know we I thought I would offer some remarks can’t thank you enough for the work
all appreciate that, the fact that we about his service as well as the ways we did together on Federal district
live in the greatest country in the his- that we have worked together. Let me court judges.
tory of humanity and that we serve in start with the basic assertion which We also worked together most re-
this amazing legislative body. Senator TOOMEY made reference to cently, the last couple of years, on
I suspect we all get asked—I know I that he and I didn’t agree on much. some nursing home reforms—maybe,
get asked from time to time—some And I think it is probably—I am not more particularly, the oversight that
version of the question: How worried going to speak for him, but I kind of the Federal Government provides with
are you about our country’s future? am in this moment. I am not sure he respect to nursing homes when you
And, often, there is some combination wanted to be caught dead agreeing have a program—they call it the Spe-
of national security, political polariza- with me on some issues, and that is cial Focus Facility Program—where
tion, and the future of our economy just the way it works around here. the intent of that program is to focus
that is the primary concern of the peo- But one thing we tried to do from the on the poor-performing nursing homes.
ple posing the question. opening day that he got here in Janu- But we did an investigation where we
My short reply is usually: Look, we ary of 2011—I had been here a few years saw that there are some nursing homes
have gotten through much tougher at that point—was we tried to—and I that were not quite on the list that
times. think we were successful over 12 they should have been on and weren’t
But think about it. I think that is so years—have a kind of mutual respect, getting that kind of special focus of at-
true, and it is important to remember. which is easy to articulate and harder tention. I also worked with Senator
On national security, we have got real to effectuate, and it requires both sides TOOMEY on that nursing home legisla-
threats out there. Russia is obviously to give and take. And I am grateful tion.
led by a violent, dangerous bully. The that we were able to do that together. So on a range of issues important to
Chinese Communist Party is a rising There are a lot of ways in the Senate, Pennsylvania and important in the Na-
and increasingly aggressive threat. But as is true in the House or any other tion, we tried every day to, when we
nowhere do we face the imminent legislative body, even when you are were at our best, work well together.

dlhill on DSK120RN23PROD with SENATE
threats that we faced during World War from the same State, to kind of poke I especially appreciate what he had
II and at several moments during the each other on a regular basis. We re- to do not just as a Member of the Sen-
Cold War. frained from that. It didn’t mean we ate but, in this case, in the early days
And we are polarized, and it is un- were praising each other’s legislative of 2021 as a Republican Senator when
comfortable and it is problematic; but, result or point of view, but we tried to he had two big decisions to make. He
in 1968, we had political assassinations demonstrate that basic mutual respect had a decision to make on January 6

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December 15, 2022 CONGRESSIONAL RECORD — SENATE S7225
about how he would vote on the certifi- for economic growth, regulatory re- always an intellectual exchange, and
cation question; and he, in my judg- form, and fiscal responsibility. His re- you always made such a great case.
ment, voted the right way and, I think, spectful demeanor, his integrity, and I wish you, Kris, and your wonderful
voted in a way that was courageous. his commitment to getting the facts children all the best. You will be
And then just a few weeks went by have earned him the respect of col- missed.
and there was the impeachment pro- leagues on both sides of the aisle. His The PRESIDING OFFICER. The Sen-
ceedings here in the Senate for the persuasive and principled arguments ator from West Virginia.
then-former President, and that was often convince his opponents to become Mr. MANCHIN. Mr. President, I rise
maybe an even more difficult vote, to his allies. to talk about my dear friend PAT
cast the vote that he cast in that im- I always personally looked forward to TOOMEY. My dear friend from Maine
peachment proceeding. Senator TOOMEY coming to visit me to mentioned what we worked on. We
Both votes were exceedingly difficult discuss a nominee or a piece of legisla- worked on many pieces of legislation
for any political figure, for any mem- tion. Inevitably, he would arrive with together, and PAT was always a stal-
ber of a political party at any time in all the facts, all the data, all the wart.
history. And it was a very difficult quotations, and make his case. He As far as when it came to financial
time, I am sure, for him to cast those didn’t rely simply on rhetoric or an ap- matters, I think PAT was the go-to per-
votes. But he did because he wanted to peal to party loyalty—not at all. His son, whether you were a Democrat or
advance the interests of democracy and approach was to present a solid case for Republican, to get his opinion on fi-
he wanted to advance the concept that why I should agree with him, and his nances. Basically, whether it be taxes
we claim to hold dear, which is the rule track record, I must say, was very or tax credits or extenders, whatever it
of law and upholding the rule of law. good. may be, PAT would give you an answer,
And I can’t imagine a more difficult Throughout his time in Congress, and PAT was accurate.
set of votes so close in time for any PAT has focused on creating good jobs But I saw a different side of PAT on
Senator, and I am grateful that he for the people in the Commonwealth of December 14, 2012, when 26 people were
voted the way that he did. And I know Pennsylvania and across our entire killed in Sandy Hook. Twenty of them
the people of Pennsylvania were grate- country. He knows that America has were children, 6 and 7 years old. And I
ful. the best workers in the world, and saw the heart and soul of PAT TOOMEY.
So on so many fronts, I said—re- when they have a level playing field, I knew I had to do something. I
cently, we had a gathering of Penn- they can compete with anyone. couldn’t live with it. I come from what
sylvanians. On so many fronts, even Drawing on his expertise in finance, we call a very gun-friendly atmosphere,
when we didn’t agree on big issues, we PAT pushed for policies that supported environment in my State of West Vir-
were able to come together on some workers and were conducive to the ginia. PAT, being my next door neigh-
Pennsylvania priorities as well as startup and growth of businesses. He bor in Pennsylvania, had the same, and
issues that related to the Federal judi- played an absolutely essential role in we knew that it was difficult. So I de-
ciary. shaping the Tax Cuts and Jobs Act, cided that I wanted to introduce a bill,
One thing that I think we are in which reduced the tax burden for but I needed a partner. I needed a true
agreement on and have always been in American families. He coauthored sec- partner who believed. PAT stepped for-
agreement on is both of us, in our per- tions of the JOBS Act, which made it ward, and we had the Manchin-Toomey
sonal capacities, married way above easier for businesses to invest and ex- background check.
our class. I married above my class pand. He has always worked to cut red- It was the beginning. And what drove
when I married Terese, and I think the tape to help unleash economic opportu- us was the compassion, PAT’s compas-
same is true of PAT when he married nities. sion and his heart and soul. This mas-
Kris. We agree on that, right? We do. There is another side to PAT as well. sacre that happened to these children
OK. He is a true champion for those who should never have happened. School
I am happy for PAT TOOMEY and Kris are vulnerable in our society. I have should be the safest place a child goes
and their children, but I will miss worked with him on many issues over and a parent can at least breathe eas-
working with him and serving along- the years, including legislation to safe- ily. And seeing what they went
side him. As he said, it is a privilege to guard seniors from financial exploi- through—and I think we bonded with
serve in this institution, and he served tation, as well as a bill to support 50 all of the parents. We still to this day
this institution and the people of our million Americans who serve as family talk to them, and our hearts and pray-
State with honor and with distinction. caregivers. PAT has led efforts to better ers are with them.
I yield the floor. protect children from abuse, as well as PAT was with me side by side to fight
The PRESIDING OFFICER (Mr. to prevent animal cruelty. the good fight. We came up a few votes
WARNOCK). The Senator from Maine. PAT is a determined leader. He is a short. Looking back on that, that
Ms. COLLINS. Mr. President, when it leader who seeks bipartisan solutions. would have been a tremendous begin-
was reported a few years ago that Sen- After the horrendous and heart- ning many years ago. It could have pre-
ator PAT TOOMEY had taken up bee- breaking Sandy Hook school shooting vented an awful lot of the senseless,
keeping, he said this about the appeal in 2012 that took the lives of 26 people, horrific tragedies that have happened,
of his new hobby: including 20 children, he reached across with families losing their children.
When you’re in my line of work, you’re the aisle to work with another good With that, my dear friend, I want to
often dealing with abstractions. It’s fun to friend of mine, Senator JOE MANCHIN, say thank you. That was a bill that—I
have something tangible, where you can see on comprehensive legislation to keep think we did everything in that bill for
the results. firearms out of the hands of criminals, the right reason. We didn’t want to
Well, my good friend from Pennsyl- terrorists, and those who are dan- take anyone’s guns away from them.
vania has, of course, produced many gerously mentally ill. That initiative We wanted to make sure people could
tangible results during his 12 years in laid the foundation for the Safer Com- still enjoy the hunting that we grew up
the Senate. As Senator TOOMEY’s serv- munities Act that became law this with, the sports shooting that we en-
ice here draws to a close, I rise today year. It was a pleasure to serve with joyed—all of the recreational things
in tribute to an outstanding leader who PAT on the bipartisan 20- Member you do with guns when you come from
has been as busy and beneficial as working group who forged that land- a gun culture. PAT and I called it gun
those hard-working bees he tends. mark law. sense. You just have to have some gun
PAT came to the Senate in 2011 well PAT, it has been such an honor to sense. And it is the truth, but we had

dlhill on DSK120RN23PROD with SENATE
prepared for this line of work by his serve with you, and I cherish our to educate people.
three terms in the House. With his friendship. I will miss those visits to On the other hand, we were saying we
background in the financial services my office to straighten me out on cer- wanted to make sure that—we grew up
industry and as the owner and operator tain issues and to educate me. in an atmosphere where we were
of a small family business with his In all sincerity, I really did look for- taught as young children: You know,
brothers, he has been an effective voice ward to those visits because they were you don’t sell your gun to a stranger.

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S7226 CONGRESSIONAL RECORD — SENATE December 15, 2022
You don’t even loan your gun to a fam- was appointed as one of the very few officials in China who were partici-
ily member who is irresponsible. That people—about three or four people from pating directly in depriving citizens in
is your prized possession. You are re- the Senate—to participate on the Hong Kong of their freedom, and that
sponsible. That is a lethal weapon. You supercommittee, and I was appointed legislation passed as well.
are responsible. by Speaker PELOSI to serve on the Now, even in the closing days of this
That is how we were raised. We both supercommittee. session, we are working together with
understood that. But if we were under- We did not, in the end, succeed in respect to our efforts to cut off Putin’s
standing that, then basically we reaching an agreement, but one of the bank account that funds his war ma-
thought, We all had to have permits really good things that came out of chine against Ukraine by backing up
when we went and bought a gun. We all that supercommittee from my perspec- the Biden administration and G7’s pro-
bought guns and went through back- tive was getting to know and work posal for the oil price cap, which many
ground checks, and everybody should. with PAT TOOMEY. We disagreed on a have heard more about recently since
So if I didn’t want to sell my gun to a lot of those issues, and, of course, ulti- this just took effect. We believe that in
stranger, why should a gun show with mately the disagreements in the super- order for it to be effective in the long
loopholes do it? Why should you be committee overwhelmed our ability to term, we need to be sure we have global
able to mail a gun across State lines get to some kind of yes. But what I compliance. To do that, that also
and do it? Why should that happen? learned during that process was, when should be backed up with a measure to
That is what we were trying to do, is you are talking to PAT TOOMEY, you provide more teeth and the prospect of
close the loopholes. Make this common are talking to somebody who is incred- sanctions.
gun sense. ibly knowledgeable and presents his I just wanted to come to the floor to
PAT, you stood tall. You really did, perspective very well. say that, PAT, it has been great work-
buddy. And I know it was a tough, You also found somebody who was ing with you on these issues. As others
tough period of time. But we did the trustworthy. PAT TOOMEY never said have said, we can always disagree, but
right thing, and we are seeing some anything in that process where he went you know how to disagree agreeably.
changes now. We need more changes. back on his word. He was always very You know how to argue your point in a
But it is gun sense and common sense clear about where he stood. Once he respectful manner, and you have found
but also protecting people’s rights. We said he was for something, he would common ground wherever you could. I
can do both in America. stick with it, and if he was against it, am grateful.
We are going to miss you, buddy. We you would know he was against it. I said a few good words about PAT
really are going to miss you. You have You also knew he was someone you TOOMEY the other day that were picked
been something special here. could trust in terms of confidence be- up in the Philadelphia Inquirer, and
I met both of your children. I went cause when you are in a situation like PAT said: You know, you might have
up and spoke to their school at Har- the supercommittee—and we worked gotten yourself in trouble.
vard, and I just enjoyed it very much. for weeks. It was a good-faith effort. I said: I have probably gotten you in
And when they introduced themselves, We worked for weeks. But you have to just as much trouble. Of course, you
I could tell right away that they were learn to trust each other because you are now stepping down after 12 distin-
their mother’s children and they had are talking about different proposals guished years.
the spirit of their dad. I can tell you that ultimately would require a com- But that is the kind of trouble we
that too. promise, and we all know that com- should all be willing to get into, work-
But, anyway, it has been a pleasure promise can sometimes be very dif- ing together for the good of the coun-
calling you my friend, and you always ficult and politically charged. try and the people of our States.
will be my friend. God bless and God- So during that period of time, I rec- PAT, to you and Kris and your three
speed, my friend. ognized that PAT TOOMEY was someone children, as you leave here, we give you
The PRESIDING OFFICER. The Sen- you could trust. Because of that, when all our very best wishes, and I know
ator from Maryland. I came to the U.S. Senate, it was a and I am confident you will remain en-
Mr. VAN HOLLEN. Mr. President, I, great privilege to work with my by gaged in the public debate going for-
too, rise to thank Senator TOOMEY for then friend PAT TOOMEY on a range of ward. But you have earned this depar-
his distinguished public service. I first issues. ture from the United States Senate.
got to know PAT TOOMEY back in 2011. Senator TOOMEY talked today about Thank you for your distinguished serv-
For those who have been around here his passion and conviction for expand- ice to the people of Pennsylvania and
a long time or at least a medium ing freedom. That passion extends to to the people of the United States of
amount of time, you may remember extending freedom to people around the America. Godspeed.
the budget impasse in 2011 between the world. We were able to team up on a The PRESIDING OFFICER. The ma-
House and the Senate. At that time, number of measures to try to do ex- jority leader.
there were constant threats of govern- actly that. One was the Otto Warmbier f
ment shutdowns. There was, of course, BRINK Act, which was legislation that
JAMES M. INHOFE DEFENSE AU-
the issue of the debt ceiling. has been passed into law to try to
What finally happened was that a THORIZATION ACT FOR FISCAL
make sure that we hold North Korea
piece of legislation or an agreement YEAR 2023—Resumed
accountable for its nuclear program
was reached that said: We are going to and also hold them accountable on ORDER OF PROCEDURE
create what was then called a super- human rights. It is named after an Mr. SCHUMER. Mr. President, I ask
committee to try to work out some of American who was mistreated in North unanimous consent that the Senate re-
these budget issues, and if the super- Korea and then came home and died. sume consideration of the message to
committee did not reach an agreement, We worked on that legislation, and, accompany H.R. 7776; that notwith-
then this Rube Goldberg machine again, it was always a back-and-forth. standing rule XXII, it be in order to
would take effect, providing automatic It was secondary sanctions legislation, make motions to concur with the fol-
budget cuts both to defense and non- which has now been used by multiple lowing amendments: Sullivan, 6522;
defense spending. administrations to apply sanctions to Johnson-Cruz, 6526; that if Senator
Everybody agreed that having this try to advance our policies to try to SULLIVAN makes the motion to concur
automatic sequester take place would denuclearize the Korean Peninsula and with amendment, there be up to 60
not serve the best interests of the bring more pressure on the North Ko- minutes of debate equally divided be-
country and hoped that this supercom- rean regime. tween the two leaders or their des-

dlhill on DSK120RN23PROD with SENATE
mittee would be able to come up with In that same vein, we worked to- ignees; that upon the use or yielding
a solution. gether on the Hong Kong Autonomy back of the time, the Sullivan motion
Senator TOOMEY was new to the Sen- Act after we saw China violate its com- and motion to refer be withdrawn; the
ate then, but because of his great ex- mitments and agreements with respect Senate vote on the motion to invoke
pertise and because of the fact that he to Hong Kong. That empowered the ex- cloture on the motion to concur with
was trusted by Leader MCCONNELL, he ecutive branch to apply sanctions on Manchin amendment 6513; that upon

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