Court of appeals judge for the ninth circuit. Confirmation vote is expected later today. The president pro tempore the senate will come to order. The chaplain, dr. Barry black, will open the senate with prayer. The chaplain let us pray. Our father in heaven, how great you are today, lead our lawmakers in their work. May they be messengers of unity and hope. Make them productive servants who strive to honor you. Remind them to act with justice, love, mercy, and humility. May they speak words that bring life, as they seek to live with integrity. Sovereign lord, strengthen our senators to seize opportunities that bring peace, hope, and freedom. We pray in your great name. Amen. The president pro tempore please join me in reciting the pledge of allegiance to our flag. I pledge allegiance to the flag of the United States of america, and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. Mr. Mcconnell madam president. The presiding officer the majority leader. Mr. Mcconnell the senate is continuing to make headway in the personnel business. This week were confirming a number of President Trumps thoroughly qualified nominees to important vacancies in the federal courts and in the administration. As ive side, madam president , its unfortunate for this institution that our democratic colleagues have made it their routine practice to require not just roll call votes, but cloture votes as well on noncontroversial nominees for lowerprofile positions. Regular cloture votes on district judges, cloture votes on assistant secretaries. Later this week, a cloture vote on an assistant e. P. A. Administrator. These are the sorts of important but lowerprofile positions the senate used to quickly process on a voice vote. When these sorts of people were qualified, they were voice voted by senates of both parties for president s of both parties. That was the norm. But new partisan hurdles wont deter the senate from doing our job. Well continue to spend the time it takes to put imprsive, impartial men and women on the federal judiciary and give the president more than two years into his administration, finally, more of his team in place in the executive branch. Yesterday afternoon, we voted to advance the nomination of daniel bress to serve on the u. S. Court of appeals for the ninth circuit. Mr. Bress comes with strong credentials, the academic pedigree, the legal experience, and most importantly, a demonstrated commitment to the rule of law. So im glad we voted to advance his nomination yesterday and i would urge all of my colleagues to vote to confirm him later today. Next well consider three district nominees, t. Kent weatherle wetherell to the Northern District of florida, Damon Leichty and ranjan and then we will vote on robert king to be assistant secretary of education and john pal ashe and peter wright. The president has called on them to serve in these important roles. The senate will give them the consideration and confirmations that they deserve. On another matter, fourth of july werent the only things for American Families to smile about last week. We received more positive news about the strong u. S. Economy that American Workers and job creators are building with a big assist from republican policies. More than 200,000 new jobs were created in june alone. The economy is overflowing with opportunities. American workers are in high demand and more and more previously sidelined individuals are getting to clock back in. The last administrations socalled recovery disproportionately helped a few major metropolitan areas, but it left whole communities and whole regions of our country more or less in the dust. Not these days. The results are very different under republicans forgrowth, forpolicy agenda. Now were seeing a real, allamerican recovery. As the New York Times reported last week, only recently have the economic gains filtered down to black and hispanic workers, those with less education and others who have more barriers to employment. All kinds of American Workers, all kinds of families, all kinds of small towns and smaller counties and smaller cities and suburbs. This allamerican recovery is benefiting our whole country with job opportunities, wage growth, net investment and new optimism. Two and a half years ago, madam president , republicans started out with a new philosophy, it goes like this, the American People can accomplish great things and build greatness if washington stays out of the way. We need to stop the government from create economic headwinds and create headwinds. We reformed Regulatory Reform and all kinds of policy geared towards workers and middleclass families earn more and send less to the i. R. S. The way the republicans see it, these ideas are actually no brainers. So as long as you believe in the promise and potential of American Workers and small businesses, this is clearly the way to go and the results continue to speak for themselves. The presiding officer under the previous order, the leadership time is reserve. Morning business is closed. Under the previous order, the senate will proceed to executive session and resume consideration of the following nomination, which the clerk will report. The clerk nomination, the judiciary, daniel aaron bress, of california, to be United States circuit judge for the ninth circuit. Mr. Durbin madam president. The presiding officer the senator from illinois. Mr. Durbin madam president , if youre a bearable a baseball fan, and many of us, this is a big day, and i would like to reflect on an important issue for the fans of baseball across america. 35 Million People ever year enjoy one of americas great summer experiences seeing the game in a Major League Baseball park. Fans join their friends, family to eat hot dogs, nachos, peanuts, so much more. We sing the National Anthem at the start of the game and take me out to the ballgame in the seventh inning stretch, started by harry cari. And others keep scorecards of r. B. I. s and home run averages. Theres another statistic seeing more and more attention lately, injury to fans. A bloomberg report indicated that 170,000 fans suffered injuries. Some are hit by balls, others injured trying to escape being hit by a ball. This is far too many. On may 29, a 2yearold girl was hit by a foul ball in houstons Minute Maid Park, she suffered brain contusions, her skull was fractured. She continues to suffer seizures. What makes her injuries more disturbing is they likely could have been prevented had the safety netting behind home plate be extended. Cubs outfielder, who hit the ball, was so devastated by the little girls injuries that he could barely speak. One will never forget the image of his head bowed crying when he saw the damage that was done to this innocent little 2yearold girl by a foul ball he had hit. What did he say afterwards . I would have put a net around the whole stadium. In the weeks following, we have seen more injuries in the stands, on june 10, a woman was striecd by a line struck by a line drive, two weeks later, a young ball hit by a foul ball in los angeles. A survey by 538 found that 13,000 more foul balls were hit in 2018 than 1998, and there is no way no way for fans to entirely protect themselves. Here come that hes baseballs at 105 Miles Per Hour off the bat. Even if youre watching and attentive, you just cant protect yourself or the people you love who are watching the game with you. Bryant gumbel made that point in his cable tv show on that very subject. But if fans cant do more, baseball teams can. In 2017, after a child was hit by a line drive in Yankee Stadium in new york, i wrote a letter to the baseball commissioner. I urged the league to extend safety netting at all Major League Baseball stadiums past the home plate to the far edge of each dugout. To their credit, the leagues did exactly that. Its now clear, however, that thats not enough. The little girl at Minute Maid Park was ten feet beyond current netting. In june the Chicago White sox became the first Major League Baseball team to announce its going to extend netting to the foul poles. Let me tip my hat to the owner of the Chicago White sox for leading the way with this safety measure. The washington nationals, the texas rangers, pittsburgh pirates, they are all planning to do the same and the Los Angeles Dodgers are conducting a study before making a protective strategy permanent. I commend all of these clubs for their leadership and commitment to fan safety. But i think we need more. We need a leaguewide standard. Last month my colleague from illinois, tammy duckworth, and i wrote to the commissioner calling for all 30 Major League Baseball teams to extend the netting. Folks who complain say that it would create an obstructive view ignore the obvious, the most expensive seats in baseball are behind home plate and they dont complain. We should be reminded that the most expensive and popular seats have been behind netting for decades. In 2002, a 3yearold girl named brittany cecil, died after being struck in the head by a hockey puck at a National Hockey league game in columbus, ohio. The National Hockey league responded quickly, ordering protective netting behind their goal. Major League Baseball should show equal concern for their fans. Ensuring the fans of safety the safety of fans at baseball stadiums is a tradition that stretches back to 1879, when the providence grays put up a screen behind home plate to shield fans from the area that was called the slaughter pin at that time. The increasing number of fans hit by balls makes it clear that new Safety Standards are needed at ballparks. This week, today, well see major leagues baseball finest players at the allstar game. Baseball fans deserve the best too. I urge the commissioner and all baseball teams to extend safety netting at Major League Baseball parks to the foul poles. Lets not wait until next season. Increasing fan safety is a win for everyone. Madam president , i ask that the next statement im about to make be placed in a separate part of the record. The presiding officer without objection. Mr. Durbin thank you, madam president. If you ask the American People about issues they truly care about, let them volunteer what they think about, what they worry about, the number one item on the list is the cost of Prescription Drugs. We all know the problem. You reach a point where you need a drug or someone in your family needs a drug, and then you face the reality of what its going to cost. If youre lucky, and you have a Good Health Insurance plan that covers the cost, no worries, but for many people thats not the case. They have copays an deductibles and deductibles or sometimes no real coverage when it comes to the cost of Prescription Drugs. And, of course, the prices of these drugs are way beyond our control. We go to a drug store and youre shocked to learn that what sounded like a great idea in the Doctors Office turns out to be a very expensive idea at the cash register. For some people its an inconvenience, an annoyance, but for other people, its a burden they just cant bear, they cant pay the cost, its just too much. Some of these drugs are just not minor additions to your life, they may be matters of life and death. And in those circumstances, what are you going to do . Im reminded of people that ive met across my state of illinois, as i talked about this issue. One group stands out because there are many of them, people who are suffering from diabetes, and, of course, they know that using insulin and taking care of themselves is the way to have a good, normal life, but it turns out that the cost of insulin has gone up dramatically. Did you know that insulin was discovered in canada almost 100 years ago, and the researchers who discovered this drug, this lifesaving drug for diabetes said at the time they were going to surrender their legal patent rights to sell the drug for a dollar. Give it away for a dollar. Do you know why . They said because no one should make a profit on a lifeordeath drug. That was almost 100 years ago. But what are we faced with today . We are faced with a dramatic increase in the cost of insulin. A lifeordeath drug. Ive sat down with parents and their children and talked about what they go through to have enough insulin so that that diabetic daughter can survive. Its incredible. Mothers in retirement go back to work to take a job to pay for the daughters insulin. And the cost of insulin has gone up dramatically. In 1999, humalog, a very common form of insulin made by eli lilly, humalog ran about 39 a vial. What has happened to the cost of that drug in 20 years . Its gone up to 329. A dramatic increase on a drug that was discovered 100 years ago. But at the same time, eli lilly is selling that drug in canada for 39. 329 in the United States. Why . Because the canadian government has said to eli lilly thats the most you can charge in our country. Were going to fight for the people who live in canada to have Affordable Drugs. So let me ask an obvious question. Whos going to fight in the United States for Affordable Drugs for our people . For those sons and daughters with diabetes. And not just for diabetes, but so many other conditions where lifeanddeath drugs are now being priced way beyond the reach of ordinary americans. Do you know who is supposed to fight . Were supposed to fight for it. Thats why we were sent here. Members of the United States senate and house of representatives, to pass legislation to bring these under control. Now, we have legislation coming forward from the Senate Help Committee on the issue of health care, and many of us had hoped that that committee would use this opportunity to put in provisions to bring the cost of Prescription Drugs under control. Unfortunately, with only one exception, the bill is silent on the major issues. The measures coming out of the Senate Judiciary committee where i serve dont go to the heart of the matter. They really wont make a big difference on the insulin scandal that were now facing nor on the cost of drugs in general. I had a simple measure which i introduced with a republican senator, chuck grassley, last year. Think about this have you ever seen an ad for drugs on television . If your answer is no, its because you obviously dont own a television. You cant turn it on without seeing a drug ad, right . And if you watch during the day when many seniors are watching, its one after the other after the other. Ive said with amusement here we have even reached the point where we can not only pronounce but spell the word xarelto. We have seen those ads so often for xarelto and humira and other things, it just bombards us. Why . They bombard us with the ads in the hope that consumers watching the tv ads will go to the doctor and say i need xarelto. Well, xarelto is a blood thinner and there are other alternatives much cheaper. If you ask for that drug and the doctor doesnt want to get into debate with you and puts it on the prescription pad, guess what you have done . You may have the right drug for you at the moment, maybe, but you may have added to the cost of health care by putting the most expensive drug out as an option when another form will work just as well. With all the things they tell you about these ads, some of the things i think are the most amazing and amusing are claims like if you are allergic to xarelto, dont take xarelto. Excuse me. How will i know that im allergic to it . After i take it, maybe. But those sorts of things and warnings about suicide and death and Everything Else come at us, but there is one thing that isnt included in those drug ads. The one very basic thing. Excuse me, eli lilly, excuse me, how much does this cost . They dont tell you because its shocking sometimes for them to tell you that some of these drugs cost thousands of dollars, and perhaps getting rid of that little red patch on your elbow of psoriasis isnt worth 5,000 a month, if you knew the price. So senator grassley and i put in the bill last year and passed it in the senate. How about that . It happens so rarely around here. We passed in the senate a bill which required the Drug Companies to disclose the actual list price that they list for the cost of the drug. Passed the senate and it got killed in a conference with the house when the pharmaceutical companies came napped said we dont want to tell anybody what these drugs cost. So then i get an interesting call from the Trump Administration. Notice im on the democratic side of the aisle so im surprised. Dr. Azar calls me from health and Human Services and says we like your bill. The president wants to make your bill a law. So were going to pass a rule that requires Drug Companies to disclose the cost of pharmaceutical drugs on their ads. Direct to Consumer Advertising has to tell the cost of the drug. Well, thats progress. A rule in that direction. Do you know what happened yesterday . In a federal court here in washington, the judge struck down that rule. The judge said, congress, you havent given th