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Coverage. A vote expected at 2 15 eastern. And cspan2. The presiding officer the senate will come to order. The chaplain, dr. Barry black, will lead the senate in prayer. The chaplain let us pray. Eternal father, the center of our joy, bless our lawmakers with the peace and wisdom needed to lead in our challenging world. Give them eyes to discern and understand the intricate complexity of this turbulent season. Lord, guide our senators to the right paths. Lead them beside still waters. Restore their souls. Let them lack nothing for you make them whole. Overflow their cups with gentleness, care, and understanding for the people they represent. Let them fear no evil and take courage in adversity, for you continue to lead them with your allknowing right hand. We pray in your everlasting name. Amen. The presiding officer please join me in reciting the pledge of allegiance to the 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. The presiding officer the senate will come to order. The clerk will read a communication to the senate. The clerk washington, d. C. , december 10, 2019. To the senate under the provisions of rule 1, paragraph 3, of the standing rules of the senate, i hereby appoint the honorable cindy hydesmith, a senator from the state of mississippi, who will perform the duties of the chair. Signed chuck grassley, president pro tempore. The presiding officer under the previous order, the leadership time is reserved. Mr. Mcconnell madam president. The presiding officer the majority leader. Mr. Mcconnell as we enter the final weeks of 2019, two things seem to be true here in congress. Number one, our democratic colleagues, particularly over in the house, seem eager to pour the vast majority of their time and their energy into their threeyear long journey to impeach the president the American People elected. And as a consequence, number two, congress has yet to fulfill a number of its core governing responsibilities for this year. At this late date several crucial mustpass bills remain undone. For months, madam president , my republican fellows and i have been expressing the need for bipartisan cooperation on these pressing subjects, funding for the federal government, defense appropriations, the money for our troops, the National Defense authorization act. But for months our always calls for our calls for democrats to join us in serious negotiations went largely unanswered as democratic leadership opted for a different political playbook, obsess over impeachment and obstruct this core business that we must do every year. So earlier this year House Democrats pushed through what we believe was their first purely party line ndaa that either chamber has ever passed in the 58 year history of the legislation. This is the legislation that puts forward congresss priorities for equipping, training, and maintaining the greatest fighting forces in the world. It had never been used before as a purely partisan weapon, that is, not until this year. But reassuringly the past few days have finally brought an end to bipartisan talks and produced a compromise ndaa. The end result should be able to pass both chambers, enter in the president s significant, and believe me signature, and it wont come a moment too soon. The ndaa operates the resources to keep crucial installations like Fort Campbell and fort knox running smoothly. It is similarly important to many of our facilities in our colleagues home states as well, and it directs readiness efforts, prioritizes research and programs and. So i look forward to sending the final bipartisan product of the the to the conference committee. In addition, congress, of course, needs to actually appropriate funds for our National Defense and for all other functions of our federal government. Just a niewntsdzs ago months ago when leaders put together a bipartisan, bicameral road map for the appropriations process, it looked like we would keep partisan disputes out of the process and finish up the appropriations with time to spare. Unfortunately, our democratic colleagues decided that picking fights with the white house was a higher priority, and we went the autumn mired in disputes in the kinds of poison pills that the speaker and democratic leader promised would be off limits. As we speak, chairman shelby, and appropriators in both chambers, are trying to bring months, months of near stalemate to a close. Last month bipartisan, bicameral agreement was reached on subcommittee allocations and talks continue this week on outstanding issues. Thanks to the months of delay, we have a long way to go and a very short time to do it. I hope that our democratic colleagues can finally stick to the terms of the budget agreement and keep partisan policy fights out of the process. Thats the only way both chambers will have a chance to be able to vote on funding bills before the end of this year. And so that brings us, madam president , to the usmca. For the better part of the past year President Trumps landmark greevment to agreement to update north american trade policy has been languishing as Speaker Pelosi and House Democrats indulge further and further in impeachment. 176,000 new american jobs sat waiting on ice as the speaker offered month after month of luke warm assurances that her caucus was hoping to be, quote, on a path to yes. End quote. This week, at long last, it appears that House Democrats may be finally willing to take action for American Workers and job creators and let the house vote on the president s deal. I was pleased to hear that u. S. Negotiators led by robert light hiez her are lighthizer are headed to mexico. I hope this Forward Momentum continues. So thats the same play. Theres a lot left to do for the American Families we represent if our democratic colleagues will simply allow it and it will certainly take a great deal of cooperation and consent right here in the senate if we intend to consider and pass these measures before the end of the year. Obstruction and stalemate have brought us to the 11th hour. I hope that now that were here that both chambers will be able to set aside democrats impeachment parade long enough to get the peoples business finally finished. The presiding officer morning business is closed. Under the previous order, the senate will proceed to executive session to resume consideration of the following nomination, which the clerk will report. The clerk nomination, the judiciary, patrick j. Bumatay, of california, to be United States circuit judge for the ninth circuit. Mr. Mcconnell i note the absence of a quorum. The presiding officer the clerk will call the roll. Quorum call quorum call mr. Schumer madam president . Are we in a quorum . The presiding officer we are. Mr. Schumer i ask unanimous consent that the quorum be dispensed with. The presiding officer without objection. Mr. Schumer for years President Trump has speculated wildly about a, quote, deep state conspiracy, unquote, against his presidency. Based on the claim that the f. B. I. Opened an investigation into the president s campaign with political bias with the explicit purpose that they were out to get him. Yesterday the department of justice Inspector General released a report that puts this Conspiracy Theory to bed. The report conclusively debunks the baseless conspiracy that the investigation into mr. Trumps campaign and its ties to russia originated with political bias. In fact, the report quotes the f. B. I. Deputy general counsel as saying, quote, the f. B. I. Would have been derelict in our responsibility had we not opened the case. Let me repeat that from the number two counsel at the f. B. I. The f. B. I. Would have been derelict in our responsibility had we not opened the case. Donald trump commit so many wrongs and when people call him for it, he blames somebody and comes up with a conspiracy and the most amazing thing is not just his appointees but these senators in this chamber, almost too many of them, just echo those crazy theories designed to divert us from the truth. The Inspector General of the department of justice, Michael Horowitz has been praised for years by members of both sides of the aisle for his integrity, for his fairness. Theres no reason to doubt the reports conclusion. Hes never been accused of bias before. Attorney general barr, Lindsey Graham praised mr. Horowitz but all of a sudden theyre casting aspersions on him and his report. Only political actors doubt this report. Political actors like attorney general barr and now it seems as well his hand picked federal prosecutor john durham. Attorney barr has all too often cant ad on behalf of the president s interests rather than as a neutral Law Enforcement officer. He almost seems a patchet man on a Political Campaign rather than being attorney general in august position and following the rule of law and trying to shield that office from politics whenever possible. Instead barr loves to jump in to the political pool of muck. I was skeptical when mr. Barr appointed john durham simply because attorney general barr had picked him and he does almost nothing in these sensitive areas that are not political. Well, you had some hope. Durham, some said, had a good reputation. Well, yesterday durhams statement confirms our suspici suspicions that he is not a nonpolitical actor. No prosecutor worth his salt would release a political Statement Like he did while conducting an investigation. Because of issuing that statement, durham has lost a great deal of credibility even before he issues his report. No one whos thinking of these things down the middle is going to think that durham is a dispassionate, political observer dispassionate nonpolitical observer because hes already shown himself to be in a certain sense a henchman of mr. Barr and his political activities. To emphasize the broad acceptance of the i. G. Report, f. B. I. Director wray appointed by President Trump embraced the report. When director wray asked whether he thought the f. B. I. Targeted the trump campaign, he said i do not. And for that, not surprising. Presidenru out this morning at the f. B. I. Director saying, quote, i dont know what the current director of the f. B. I. Was reading, but it wasnt the one given to me. President trump, if you actually read the report, youd understand exactly what f. B. I. Director wray was talking about and youd understand exactly why it was his duty to defend his department when they behave on a nonpolitical rule of law basis. My friends, its a sad state of affairs when Truth Tellers have no place in trumps washington. Anyone inside the administration, anyone inside the Trump Administration willing to speak truth to power, secretary mattis, d. N. I. Director coats, even chief of staff kelly towards the end, and so many others cannot survive the president s insistence on blind loyalty, cannot survive the fact that the president makes them tell lies and mistruths to continue to serve him. If you do not act in feeble obeisance to President Trump, he will turn on you. And so the equality of people in this administration is getting lower and lower and lower. Topnotch people, the ability to govern and make smart decisions and the ability to care about the truth often go hand in hand, but if you care about the truth, youre out, and so trump loses quality people in his administration, the only people who survive are willing to bow down to donald who will do just what he wants and says even when they know its false. And that is why this administration is so erratic, so disjointed, so ineffective, and at this time so unpopular with the majority of the American People. The American People people know that mattis was a fine man, they know that wray is a fine man. They know they are the kind of people who if trump says tell a lie wont. But, unfortunately, the people in this administration who remain are willing to do just that, and that said, as i said, its a very state of affairs and one of the reasons this administration has such a difficult relationship with the truth. The president conjures fictions, buys into baseless conspiracy theories told by known liars on fox news or somewhere else, and then anyone who contradicts him earns his scorn. Contradict him enough, if youre in the administration, you lose your job. Now, more worry. Amazingly this afternoon the president and secretary of state pompeo will meet in secret with Russian Foreign minister with the Russian Foreign minutes minister. Ruin intelligence has been pushing the baseless theory that ukraine interfered in the elections, not just putin.  certainly republican senators have stunningly repeated that falsehood around these corridors, and now President Trump and secretary of state pompeo are meeting with the Russian Foreign minister in secret. What new conspiracies are they cooking up with the foreign minister today . I worry. The president has been so unable to articulate the defense of the facts uncovered in the impeachment inquiry that he has resorted to one conspiracy to the next. His allies, including members of the republican caucus, have elevated several of these theories. Here in the senate certain members of the grand old party are forming their own conspiracy caucus. Any crazy conspiracy, whether launched by putin or some wildeyed crazy conspiracy theorists who manages, of course, all the time to get on fox news and have his story or her story repeated some of my colleagues just repeat even though its clear they are false and they know they are false. Angus king had a great opt hed in u. S. A. Today, and it basically said if what the impeachment proceeding has found if what the impeachment proceeding has found is false, then where are the trump people to refute it . Not to come up with some irrelevant Conspiracy Theory and bring this one or that one into it that has nothing to do with it, but actually refute the facts. Where is that . President trump has not refuted a single fact that the impeachment inquiry has found. None of his people have been willing to come forward who would have knowledge to refute those facts if those facts were false. And so they try to create a shiny object, a diversion, and, unfortunately, too many of the news media on the right will spend time on that diversion and repeat trumps claim that the actual facts are false. This is had is the beginning of this is the beginning of the end of a democracy. When we cant have truth. We can disagree on the outcome of those facts, but we cant have truth of fact and everything is fake news, particularly those from the right who dont like the truth, and conspiracy theories that have no basis, in fact govern, our democracy is at risk. Its one of the main reasons so Many Americans believe, whatever their ideology, that President Trump should not be president. The conspiracy theories are not harmless. They are sinister, they are insidious, they erode the democratic fabric of this country, they erode the truth which sat the basis of democracy and help putin sow discord in our country. The conspiracies need to stop. If the white house would like to submit evidence or offer witnesses to make the president s case, please do so. They havent done it once. Instead, the white house is blocking documents and withholding witnesses who could potentially defend the president s action, a surefire sign, as angus king said in his opt hed that the oped that the president has something to hide. Given the house announced it would write two articles of impeachment this morning, the white houses refusal to rebut the evidence under oath is something not lost on the members of the United States senate who could soon be judges and jurors in a senate trial. On another happier subject. Over the weekend, negotiations on the annual defense bill con cueded concluded. There are lots of things missing in that bill, things that should have been included but were blocked by the republican majority in the senate. But theres one very good thing. I am, among a few others, i am proud that the bill will now provide all federal employees with 12 weeks of paid parental leave, something democrats have pursued for a long time. Once the ndaa is passed, hopefully in the coming week, two million federal employees will no longer have to choose between caring for a newborn and putting food on the table. This is huge, huge news. It will make the lives of millions of families better. You have a newborn baby that needs care, he or she. I just had a grandson, he turned 1, i know just exactly what its like. If both a mom and dad work, or its a singleparent family, what will that family do . Its one of the decisions that impedes on a new birth. In other countries there is something called paid family leave where you can take off three months and raise the child in those early days when he or she is helpless. In the u. S. Some private companies that are progressive do it, but not enough. Well, now all federal employees will get that opportunity, parental leave. It recognizes the changes in the world. When i was growing up, my mom stayed at home while my dad went to work. He was an exterminator. Thats not the norm anymore. Most families have two working parents, and we have lots of Single Parents who bear the load of raising a family. All it takes is one serious illness, complication or accident to wreak financial havoc on that family. Its no surprise that paid family lead ranks near the top of voters concerns. The United States is the only developed nation in the world that does not guarantee paid leave for parents of newborns or newly adopted. I hope that after we pass parental leave for federal employees, employees in the private sector will take notice, and they will act as well. If this spreads throughout america, as often federal policies do, it will be a great thing for our parents and our children. Today only 16 of workers in the private sector have access to paid leave. Studies overwhelmingly show that when working parents can take care of their parents take care of their children, families are better off and the economy is better off. Im glad that the long push we have made on this side of the aisle for parental lead has been secured for all federal workers. I hope it will become a reality soon for all workers, and i want to thank my colleagues who helped make this a reality. On Net Neutrality. This saturday marks the second anniversary of the f. C. C. s party line decision to repeal the Net Neutrality rules, to restore the safeguards of a free and open net that those rules protected. Today my colleagues, senators markey, cantwell, and wyden will ask to pass the save internet act which codifies Net Neutrality in a similar matter to last years Congressional Review Act that passed the senate with strong bipartisan support. I want to thank those senators, and so many others, for their leadership on this important, if sometimes overlooked issue. Net neutrality is based on a very simple idea, that the internet, just like our highways, our phones, our highways, our Power Sources is something that we should have access to without discrimination, whether youre a big party or startup, a school or individual consumer, just like Water Companies cant discriminate between their customers and say im going to charge you 10 for a days use of water but im going to charge your neighbor down the street 100, we shouldnt allow it, the same thing should be true under the internet. Under the obama administration, Net Neutrality rules prevented money groups from getting preferential treatment. We should return to it. The administration has, unfortunately, sided with the big special interests and repealed it. Senator markeys legislation would restore the rules of the road that protect a free and open internet. I want to thank my colleagues for bringing this to the senates attention today, and i yield the floor. Mr. Thune madam president. The presiding officer the majority whip. Mr. Thune madam president , it should come as no surprise that i have a different point of view than the democrat leader when it comes to the issue of Net Neutrality. If you look at whats happened since the f. C. C. Ruled on this, there were all these terrible apocalyptic decisions made about how speeds were going to slow down, the internet would slow to a crawl, you wouldnt be able to do basic applications anymore, none of which happened. Obviously we all believe, i certainly do and i think most of my colleagues on this side believe, that if you want to have an open and free internet, that is a good thing, and if there are concerns about blocking or throttling or slowing speeds in some way, that congress should be heard from on that. Because what weve had now for several years is this ping pong effect when one party is in power, they change the rules to suit their desires and then the other party comes to power and changes it and then youve got all of this litigation that goes on in the courts, which doesnt help anybody. All that does is bog things down and generate tremendous amount of cost, and nobodys nobodys interest is served by that. So if there is a concern, and i have articulated this on many occasions to my colleagues on the other side to work with us on a legislative solution where congress can step in and put clear rules of the road in place when it comes to the internet, making sure that we have an open and free internet, we are prepared to do that, but that is not something that democrats have been interested in doing. They would rather have these heavy handed the heavy hand of government that slows this innovation down, all of these wonderful things happening in our economy right now, the race to 5g, which obviously is critically important to so many sectors of our economy. Could be dramatically impeded if you have the heavy hand of government, the heavy hand of regulation which has been advocated by our colleagues on the democrat side for some time, if that became the norm. Ly just tell you that we heard when the f. C. C. , when President Trump was elected and chairman pai was made chairman of the f. C. C. And we had a republican f. C. C. Which did away with the heavyhanded regulations of the previous administration, we heard all these apocalyptic predictions coming from the democrats about all the horrible things that were going to happen to the internet. Madam president , i can tell you in my experience i think is like most experience. I it into download applications. I continue to use to scroll and see the things i want to see and toggle back and forth between different websites in a way that i did before. It just flat hasnt happened. And so they are trying to come up with a solution for a problem that does not exist. That said, wed be happy to work with them. If we want to put clear rules of the road in place. But thats not what they want. They want the heavy hand of government, the heavy hand of regulation strangling what has been one of the most remarkable economic miracles of the last half century. If you look at what the internet has done in terms of productivity in this country. Madam president , i am very pleased to hear that a deal has been reached to finally advance the fiscal year 2020 National Defense authorization act. Every Year Congress takes up the National Defense authorization act to authorize funding for our military and our National Defense. Like last years ndaa, this years bill focuses on rebuilding our military and ensuring that we are prepared to meet 21st century threats. While many take it for granted that we have the Strongest Military in the world, in recent years our military advantage over near peer adversaries has eroded. Budgetary impasses combined with increased operational demands left our military undermanned, underequipped and illprepared for the conflicts of the 21st century. In november of 2018 the bipartisan National Defense Strategy Commission released a report warning that our readiness had eroded to the point where we might struggle to win a war against a major power like russia or china. And the commission noted that we would be especially vulnerable if we are ever called on to fight a war on two fronts. Madam president , thats not a good position to be in. And restoring our readiness has been and must continue to be our top priority. This years National Defense authorization act continues our efforts to rebuild our military. It invests in the planes, the combat vehicles, and the ships of the future including the joint striek fighter and the future striek fighter and the future b21 bomber which will be based at the air force base in my home state of south dakota. It authorizes funding for research and development, advanced technology. It also focuses own suring that were equipped to meet new threats on new fronts including in the space and cyber dough mains. And of course domains. And of course this bill invests in our most valuable resource, our men and women in uniform. The ndaa authorizes a 3. 1 pay increase for our troops which is the largest increase in a decade. This is not only something our troops have earned, its something also an important way to increase retention in an allvolunteer force. This years National Defense authorization act also focuses on addressing the recent Significant Health and safety issues with on private on whennen base housing and contains measures to support military spouses seeking employment and increased access to child care on military installations. Madam president , im glad were finally on track to get this important legislation done. The final bill, of course, like most legislation is not perfect. But it will help ensure that our military receives the resources it needs to meet current threats and to prepare for the threats of the future. Im also encouraged by the fact that it looks like democrats have decided to work with us to get fiscal year 2020 defense appropriations passed before christmas. Needless to say, the 2020 defense appropriations bill like the authorization bill to which i just rempled is referenced is critical legislation that authorizes the funding for current and future military priorities. It provides funding to support that pay increase for the men and women who keep us safe. It provides the funding for the weapons and equipment that our troops need right now to carry out their missions. And it provides funding for the equipment and technology that our military will need to defeat the threats of the future. It provides funding for missile defense, for research and development, for ships, planes, and combat vehicles to update our aging fleets. It also provides funding for our allies, including 250 million in military assistance for ukraine. This is a Critical National security bill and it needs to be enacted as soon as possible. Madam president , its unfortunate that we couldnt get this legislation done sooner, before the start of the new fiscal year in october. Delaying defense funding has left our military short of the resources it needs and unable to start important new projects. And so im glad, madam president , that at long last the democrats are finally willing to work with us on this important legislation. Its time to get this bill done so that we can get our men and women in uniform the resources that they need without further delay as well as uphold our National Security commitments to our friends and to our allies. Madam president , i hope negotiations will continue to move forward and that we can get this legislation to the president s desk within the next two weeks, before the christmas holiday. Madam president , i yield the floor. I suggest the absence of a quorum. The presiding officer the clerk will call the roll. Quorum call quorum call a senator mr. President. The presiding officer the senator from wyoming. Mr. Barrasso thank you, mr. President. Mr. President , i come to the floor today as we celebrate the presiding officer were in a quorum call. Mr. Barrasso i ask unanimous consent that the quorum call be vitiated. The presiding officer without objection. Mr. Barrasso thank you very much, mr. President. I come to the floor today as we celebrate today in wyoming the 150th anniversary of wyomings womens right to vote 150 years. Before we even became a state, women were voting in wyoming. And today at our State Capitol building in cheyenne, there is a huge celebration of people from around the world and state celebrating this historic day. Many people watching today may not know this history of what happened 150 years ago. Yesterday afternoon senator enzi spoke on the senate floor and outlined some of that history. Im so proud of my home states amazing record in advancing this entire issue and concern and allowance of women voting. Women in wyoming were the first in the nation to use the right to vote. Thats a fact. Wyoming women have been voting for 150 years. December 10, 1869, wyoming took a giant leap forward for womens equality. Were called the equality state, this is a lot of the reason why. So wyomings governor mark gordon at the State Capitol in cheyenne is proclaiming today wyomings womens suffrage day. Wyoming is the first state to secure the womens right to vote as well as the right not just to vote but to hold public office. The people of wyoming spoke loud and clear 150 years ago. Wyoming was a territory back then. Our state hadnt yet joined the union. That the didnt happen until 1890. Still thats when we earned the proud name of the equality state. Wyoming earned far more than the name. Bid leeing the fight for womens rights, wyoming has forever earned a hollowed hallowed place in the book of history. Nobody embodies the legacy more than louisa ann swain. On october 6, 1870, she was the first woman in the United States to vote in a general election by casting her historic ballot, she claimed a great victory for women everywhere. Its a tremendous heritage we celebrate today. Wyoming is truly the nations trailblazer for womens equality. Equal rights is our states motto. On november 19, wyoming passed the womens suffrage day. We are commemorating todays 150th anniversary. So now the entire nation can join in celebrating wyomings groundbreaking law. 20 years after the laws passage, wyoming refused to enter the union as a state unless we had equal voting rights, men and women. Big fight about it in wyoming and in the nations capitol. When standing on principle became a major sticking point, wyoming stuck to its guns on womens equality and actually ended up delaying becoming a state over this very issue. On march 26, 1890, wyomings statehood legislation narrowly ambassador in the u. S. House of representatives. The measure passed in the senate a few months later, but part of the debate on the floor of the house of representatives had to do with wyoming and women actually voting in our then territory and now state. President Benjamin Harrison signed the law. Wyoming is technically the 44th state to enter the union but the first state when it comes to womens ee equality. Equality. Back home 2019 is the year of wyoming women. Our state is paying trib the ute to our strong Women Leaders. We had the great honor of electing the first women governor. Wyoming boasts many more firsts, the first woman to serve on a jury, the first female justice of the peace. Wyoming claims the first allfemale city government. These pioneering Women Leaders were elected in 1920 in jackson, wyoming. The Jackson Press dubbed them the petty coat government. So we celebrate 150 years of equal rights in wyoming and 100 years of women nationwide. In 1919, Congress Passed the 19th amendment to the constitution, granting women surge. This hardfought legislative victory would ensure womens full participation in our democracy. President trump recently signed into law the womens Suffrage Centennial law act. I had the pleasure of cosponsoring this, it was introduced by senator blackburn of tennessee. The bill passed unanimously in the senate. I made sure thattester Hobart Morris was among those honored in this legislation. All americans owe an enormous debt of gratitude to the nations extraordinary Women Leaders of the past as well as the present. And so today, madam president , mr. President , as we pause to remember where it all started 150 years ago in the trailblazing state of wyoming, the equality state. Now, mr. President , id like to turn to a different topic. And i come to the floor today as the democrats in the house and in the senate are obsessed with obstruction because they are obsessed over impeachment and our object are obstructing everything else. We only have a week left to fund the government and pass America First trade deals and support our military. Still theres another priority issue we need to address and we must provide relief, in my opinion, from costly Obamacare Taxes, and there are several of those impacting our citizens around the country. Last week the centers for medicaid and medicare released a report on health care spending, and the report finds that Health Insurance costs grew in 2018 by a larger number than they had the year before. And why does c. M. S. Believe the rates of insurance actually have gone up additionally . Well, its because of a couple of taxes, one is the Health Insurance tax or the hit tax, h. I. T. Attacks, its unfair tax, it increased taxes for seniors. Its why ive been a longterm opponent of this tax. We need to end this tax. The second Obamacare Tax we must repeal is the socalled Cadillac Health plan tax. The cadillac tax affects millions of americans who are covered through work, especially union workers. So on december 5, a broad group of unions and employers wrote the Senate Leaders urging the appeal. This is what they. This is what they wrote to the Senate Leaders. Quote, the consequences of inaction are serious. Many millions of working americans will pay more out of pocket or face reduced health coverage. We need to end this cadillac tax now. The third tax we need to repeal is the medical device tax. Its a tax on innovation. The medical division tax is device act will restrict new lifesaving technology. Without it, the Health Insurance tax and medical device tax will take effect in 2020 and the cadillac tax in 2022. Its time to protect patients and working families all across the country. Thank you, mr. President. I yield the floor anding suggest the absence and suggest the absence of a quorum. The presiding officer the clerk will call the roll. Quorum call a senator mr. President. The presiding officer the senator from colorado. Mr. Gardner i ask that the quorum call be vitiated. The presiding officer without objection. Mr. Gardner thank you, mr. President. I come to the floor to recognize a milestone in the colorado community. The Colorado Farm Bureau is celebrating 100 years of representing farmers, ranchers, Rural Communities and every aspect of agriculture in colorado. I grew up in the eastern plains. The county i grew up in one of the largest corn producing counties in the country and one of the top economic agricultural economically speaking communities in the state. Our livelihood, our neighbors, everything depends on agriculture. When theres a downturn in agriculture, its not just the next day that our Community Feels that. Its that next hour the Community Feels the impact. The same with a good agricultural economy. Its not just tomorrow that well feel the impact but immediately well feel the impact. I grew up working in a family Farm Equipment dealership where you got to know everybody in the community, not because of the kind of operation that they had but because of the ciensdz of the kind of person they were, the kind of relationships that you built. And then of course the opportunities to do business in those communities. Theres ebbs and flows, good times and bad times, times of prosperity and predicaments in Rural America in ieg culture. In the 1980s i grew up watching a number of banks face foreclosures, a number of farmers face foreclosures. I watched as people i knew my whole life sold their farms, gave up farming, closed their businesses. Just a few years ago in fact we saw some of the highestpriced commodities this country has ever seen for a very long time. The golden years of agriculture occurred just a couple of years ago because of alltime high prices. Thats not the situation that were facing today. Once youve worked in the agricultural industry, you develop a very deep understanding and appreciation for the men and women who have our farmers backs through the good times and the bad times, like the Colorado Farm Bureau. The farm bureau plays a vital role in all aspects of agriculture, gives Rural Communities a proper incident voice when government is debating policies that impact their farms, their finances, and their families. The Colorado Farm Bureau began in 1919 when a group of farmers, ranchers, veterinarians, rural doblg tors, shopkeepers and tradesmen and ten local counties met to form what was termed the farm bureau to make business more profitable and the community a better place to live. The organization struggled through the years and almost died out in the 1930s. In the early 1940s, a group of people across colorado organized to breed new life into that farm bureau in colorado. Es ra, c. J. Philips, Arthur Anderson and others sold memberships to rebuild the organization. As a group of farmers naturally would, the farm bureau persisted and grew. They grew the farm bureau to become the largest form organization in Farm Organization in the state of colorado and expanded to add communities throughout the state. In the 1940s, farmers and ranchers were having a difficult time ensuring their operations so the Colorado Farm Bureau created a farm insurance casualty company. They began offering farm insurance in 1948 and late in the 1950s they began offering Life Insurance for those in the agriculture community. Today the Colorado Farm Bureau represents 23,000 member families, 45 lol county Farm Bureau Local county farm bureaus and is one of the largest farmled organizations in the country. It promotes farm culture and rural values. They show the people, the agriculture industry, up close why its important to all of us, the success of our Rural Communities. The farm bureau offers leadership training for young professionals, scholarships, health and safety training, healthy resources to farmers for support when its needed the most. Through the foundation the farm bureau has raised hundreds of thousands of dollars to support victims of natural disasters in colorado whether its a drought, severe blizzards. They represent, improve and promote all aspects of agriculture in colorado and develop the industry into the economic powerhouse that it is and one of the strongest drivers of colorados economy. Every year ive been honored to join the California Farm Bureau Colorado Farm Bureau and have the farm bureau join me on ourage farm tour, a tradition i started when i first came to the house of representatives. We would go to the western slope of colorado and talk to everyone from Peach Growers to corn growers and beyond, opportunities to learn how we can help every nook and cranny of the state when it comes to agriculture. Weve traveled this year to 15 different counties across colorado visiting agriculture businesses, held round tables with local elected officials, we went out to a wind farm and talked about the impact that Renewable Energy is having in positive aspects for our farmers and ranchers. This farm tour wouldnt be possible without the farm bureau and the others who helped put it together and making sure that we see these important issues that were facing. In the past weve turned to them for their expertise in policy, their insights, experience, their partnerships as we champion efforts that will help and benefit rural colorado. Theyve been a great partner in providing Agricultural Producers with the resources and certainty that they need to protect private property rights, to protect our water rights, to ensure that farmers are treated fairly in the tax code and recently in helping to relocate the headquarters of the bureau of Land Management to grand junction. The farm bureau is a regular presence in washington. I think all of us know that. Certainly the Colorado Farm Bureau members have played an Important Role in developing policy. Theyre not afraid to get their hands dirty and the hard work it takes to get legislation passed. It takes on difficult issues and have a real impact on peoples lives. Theyre their dedicated work and willingness to take on difficult issues has earned them in recognition. In 2005 it was recognized by the department of interior in washington for their work with the Colorado Department of Natural Resources to protect the mountain clubber. This created a winwin partnership that the government and private sector could work on together to protect a species without listing it on the endangered species act. The Colorado Farm Bureau was instrumental in opening up 300,000 acres of land for Data Collection and research on nesting and population status. Through that effort they were able to avoid listin listing, dp better Management Practices and grow the population. I look forward to continue to hear from Colorado Farm Bureau members and farmers and ranchers across our state as this chamber, this body debates new trade opportunities, new agricultural policies and anything that could impact farmers back home. Their contributions will be especially valuable as we continue to open up new markets for colorado producers, invest in Rural Communities and manage our public lands. Last month the Senate Passed a resolution i introduced to my colleague senator bennet from colorado celebrating this historic 100th anniversary recognizing all of the Colorado Farm Bureaus past, present and future efforts. I ask my colleagues in the senate to join me in celebrating the rich history and contributions to the ag industry not just in colorado but across the United States. Congratulations to the Colorado Farm Bureau for your 100 years for being a strong voice for farmers and ranchers in the Rural Communities in the Centennial State and all your work to protect the colorado way of life. I look forward to continuing our Work Together with the farm bureau and seeing what we can accomplish for the next 100 years for agriculture in colorado. Mr. President , i yield the floor. A senator mr. President . The presiding officer i recognize the senator from montana. Mr. Tester thank you, mr. President. It is no secret that the United States senate doesnt do much around here except for confirming judges. But looking at the records of the folks were confirming to that federal bench, its clear weve forgotten even how to do that. The Founding Fathers were incredibly visionary. When they set up the federal judiciary, they hoped to insulate it from political influence. How . By giving them Lifetime Appointments with the advice and consent of the senate. In doing so, they gave the senators the most solemn of responsibilities with he somewhere in this body, evaluating judicial nominees on their independence, their fairness, and their judgment. Unfortunately these days the republican majority seems to have thrown qualifications out the window. Instead they give Lifetime Appointments to the court out like candy.  this doesnt prevent partisan from influencing our judicial system. It ensures partisanship. And the latest vample is Lawrence Vandykes combination to the ninth circuit of appeals which has jurisdiction over montana. Mr. Vandyke is a familiar face to montanans because he grew up and attended school in the great state of montana. He also served as montanas solicitor general before resigning to run an unsuccessful race for the Supreme Court, the state Supreme Court. Now, montanans can separate the wheat from the shaft pretty well and after asking his record and judgment, they found mr. Vandyke unqualified to serve on the states highest court. Montana has rejected him overwhelmingly at the ballot box but now the majority leader wants to give him a lifetime seat on the bench. Once you start to dig into mr. Vandykes extreme record, its not hard to see why folks in my state were concerned with his ability to be fair and independent. This is a man who believes a government should insert itself between a man and a woman and her doctor when shes trying to make private health care decisions. He is a man as montana solicitor general who worked to oppose samesex marriage and questioned the ability of samesex partners to properly raise children. This is a man who supports opening our public lands to mining and drilling. Biff the way, our public lands contribute more than 7 billion to our economy. Nonetheless, open it up, drill it, and mine it. And this is a man who ridiculed montanas deep belief that corporations are not people. He argued in favor of unchecked money flowing into our elections. He believed that corporations were people and in fact his race for Supreme Court in montana received over 600,000 in outside spending, 170,000 from the Koch Brothers alone. My guess is some of my friends on the other side of the aisle view mr. Vandykes extreme positions as an asset, not an issue. They may point to the fact that he claimed he would be objective during his confirmation hearing. The fact is he cannot trust mr. Vandyke to put aside his past positions, to give everyone that comes before his court a fair shake, to be fair and impartial. Now, mr. Vandyke has never been a judge and he was rated as not qualified by the nonpartisan, unpolitical american bar association. By the way this isnt the first nominee that has come up that has been rated at nonqualified. I asked a lawyer friend of mine what that means. And he said basically if you cant achieve a qualified rating by the american bar association, youre a train wreck. Thats what mr. Vandyke is. His nomination is opposed by over 200 conservation, education, civil rights, and other organizations. He is also opposed by six former montana Supreme Court justices. Folks that montanans did elect to sit on the highest court in our state. They wrote of mr. Vandyke, it is doubtful that he understands the judicial decisions must be based solely on the facts of the case and on the law. We strongly believe that mr. Vandyke has demonstrated that he has neither the qualifications nor the temperament to serve as a federal court of appeals judge. His coworkers from his time as montanas solicitor general seem to agree. The former assistant attorney general who worked with vandyke wrote privately to his colleagues ever since he has arrived, mr. Vandyke has been arrogant and disrespectful to others both in and outside this office. He avoids work. He does not have the skills to reform nor the desire to learn how to perform the work of a lawyer. Now that he has resigned thats when he resigned to run for the Supreme Court he refused to work on cases assigned to him while remaining on the payroll for the next several months. In fact, even mr. Vandyke doesnt consider himself qualified to perform the basic duties of a lawyer. He once explained in an email that he has no experience in discovery, experts, stipulations, or in meeting and conferring with opposing counsel. Now, im no lawyer. But those sound like the tasks that someone up for a lifetime judicial appointment should know how to do. Let me put it this way. If i was looking for a contractor to do work on my farm and the contractor had these kind of qualifications, i would not hire him for one minute, much less give him a job for a lifetime. I spend more time in washington, d. C. Than i like which is how i know that theres no shortage of lawyers around here and around the country. Theres absolutely no reason we cant find someone better suited to this position than Lawrence Vandyke. I know its too much to hope that the senate will act with as much common sense as the folks in montana do but i do expect us to have the decency to respect the will of Montana Voters and reject mr. Vandyke for a seat on the ninth Circuit Court of appeals. I urge my colleagues to take a look at the record, to take a look at what hes done, to know that it will not be a fair and Impartial Court if hes put on it. And i urge my colleagues to oppose his nomination. I yield the floor. And i suggest the absence of a quorum. The presiding officer the clerk will call the roll. Quorum call mrs. Murray mr. President . The presiding officer the senator from washington. Mrs. Murray thank you, mr. President. I ask unanimous consent the quorum call be lifted. The presiding officer without objection. Mrs. Murray mr. President , i ask unanimous consent that an f. D. A. Detailee on my staff Michael Maroney be granted floor privileges through august 2020. The presiding officer without objection. Mrs. Murray thank you, mr. President. I ask unanimous consent to speak as if in morning business. The presiding officer without objection. Mrs. Murray thank you. Mr. President , last week when i joined my colleagues to recognize senator isakson, i mentioned that when johnny says hes going to get something done, you know it will get done. Well, the bill that we are getting ready to pass today in a few hours, the overthecounter monograph safety innovation and reform act which he has worked on with senator casey proves it once again. Every day people head to their local pharmacy or to a retail store for overthecounter medications to deal with a cough or a sore throat or a som mac stomach ache and every day parents across the country turn to the medicine cabinet after someone comes home with a scrape or bug bite or poison ivy and every day there are countless other Health Concerns people look to treat quickly, to treat safely and effectively with overthecounter drugs. Thats why in legislation is so important. The pace of scientific discovery seems to speed up every day, but the overthecounter mono graph system, the system for how these drugs are regulated and brought to market, has not kept pace. The Current System has not changed actually since 1972, and it sorely needs to. Right now, even after the science has made clear that small changes to the monograph or the recipe for an overthecounter drug might make it more effective. It could take years for those changes a approved under the current outdated process. Even small changes to a drug label, including changes regarding important new safety information, can be held up for years. The overthecounter monograph safety innovation and reform act streamlines the way drugs are regulated and brought to market. These changes will allow the food and Drug Administration to do more to protect Public Health and make sure overthecounter drugs, ingredients, and labels reflect the latest science. It will also encourage the development of new products to be to better meet the needs of patients. And the legislation allows the f. D. A. To collect user fees for reviewing overthecounter drugs to make sure it has the resources it needs. Many families rely on overthecounter drugs each day for a lot of different reasons. It is very important that these meted indications and the medications and the labels we turn to for information about them are as uptodate with the latest science as possible. So thanks to the efforts of senator isakson and senator casey, this bill that we will vote on this afternoon will help accomplish that by updating the overthecounter monograph system for the first time in decades. Senator isakson, i want them to to know how important this bill to be to him and how he has worked so hard on it for so many years and i just want to tell him how grateful i am. I want him to know that i am particularly grateful to his commitment to getting this done for families back in georgia and across the country. Thank you, mr. President. I yield the floor. Mr. Markey mr. President . The presiding officer the senator from massachusetts. Mr. Markey thank you, mr. President. Mr. President , today i rise in defense of Net Neutrality. This week marks the twoyear anniversary of the trump f. C. C. s wrongheaded decision to repeal Net Neutrality. First, lets be clear about what we are discussing today. Net neutrality is just another way of saying nondiscrimination. Thats what its all about. Its just another way of saying that Big Companies online cant discriminate against individual consumers; that Large Companies cant discriminate against Smaller Companies and startups; that corporations cant stifle speech online; that once you pay your monthly Internet Service bill, you can go anywhere you want on the internet without charter or comcast or at t or verizon slowing down or blocking your path to a website of your choosing. Despite all this, two years ago this week, the Trump Federal Communications Commission voted to throw out Net Neutrality at the behest of the broadband barons. Since then, we have watched as countless citizens, companies, activists have continued to stand up and demand that Net Neutrality be restored. This spring the house of representatives took an important step in passing the save the internet act, my legislation in the senate that would overturn the Trump Administrations f. C. C. s decision and restore Net Neutrality protections. In the senate, weve already successfully passed the same proposal on a bipartisan basis. In april of 2018, my Congressional Review Act resolution passed in the senate by a bipartisan vote of 5247. We debated Net Neutrality and the senate decided to join the majority of americans and support a free and open internet. In that vote, we sent a message to President Trump about what that means. An internet free of corporate control and open to all who want to communicate, engage, and innovate. We made clear that this Congress Wont fall for President Trumps special interest agenda, who just want to block, slow down, or discriminate against content online just to charge americans more on their cable and internet bills. Unfortunately, the rules for a Congressional Review Act that allow just 30 senators to force the majority to schedule a vote is not an option in this congress because the right to bring a Congressional Review Act resolution to the floor had a time limit on it, which has now expired. So instead, today we once again call for an immediate vote on the save the internet act. Already in june our republican colleagues failed to listen to the voices of their constituents and blocked a vote from happening f happening, and sadly, the republicans plan to stall us again and block this vote. This is yet another example of the Republican Party refusing to side with the ordinary people in our country families, Small Businesses, startups, entrepreneurs, anyone with an idea which needs the internet to get it off the ground. Under senator mcconnells leadership, the republicans have buried this bill in their legislative graveyard. Instead of passing legislation, instead of acting on legislation which already passed in the senate in 2018 and which passed the house of representatives this april, leader mcconnell has done little but to confirm unqualified, extremeright nominees for the Trump Administration. Just listen to some of the bills that Senate Republicans refuse to act on that have already moved through the house of representatives this year the violence against women act, voting and democracy reform, guns background checks, paycheck fairness, the paris climate agreement. The answer from the Republican Leadership is no, no, no, no. That is what continues to happen, and Net Neutrality is part of that chorus of noes which the republicans aim at legislation which the American People want and need to have passed here in the United States senate. But the Senate Majority leader and his republican colleagues can keep populating the legislative graveyard at their political peril, because this is the agenda which the American People want to see the senate debating, and they want to see these laws put on the books to protect families in this country, because the issues that they are blocking are enormously popular, mostly have bipartisan support, and Net Neutrality is one of those issues. The save the internet act, the bill which we are debating today, does exactly what the American People want. It restores the rules that ensure families arent subject to higher prices, slower internet speeds, and even blocked websites because the big internet providers want to pump up their profits. Thats what todays fight is all about. Its a fight for innovation, for entrepreneurialism, for the american economy, a fight for free speech, the cornerstone of our democracy, a fight for the most powerful platform for commerce and communications in the history of the planet. Some will argue that since the Trump Administration ripped away the rules, everything has been just fine. But were not falling for that. As the legal challenges over this issue have taken place over the past two years, internet providers have had every incentive to keep a low profile, to keep things as they were. But ultimately the question before the senate today is whether Consumers Trust their Internet Companies to do the right thing without being told that they have to. We know that consumers rightfully dont trust the broadband barons, so its time we do the right thing by the American People. And we can start with passing the save the internet act and protecting the internet as we know it. The American People want action now, the democrats are committed to fighting on their behalf. Net neutrality just stands for nondiscrimination online. You cant be biased against a smaller voice, a smaller company, a startup. Its not allowed. Thats what Net Neutrality says to all the Big Broadband giants. You cannot discriminate. So Net Neutrality is something thats at the alternate of what the thats at the heart of what the 21st century should stand for. I urge my colleagues to support this motion. I turn to the great leader from the state of washington, senator cantwell. Ms. Cantwell mr. President . The presiding officer the senator from washington. Ms. Cantwell mr. President , i rise today to join my colleague from massachusetts whos been a leader on this important issue of Net Neutrality. I want to speak backing up what he has said today about why it is so important that we need to fight to protect a free and open internet. But before i do, i would just like to mention that yesterday we filed a bill dealing with trade enforcement. The reason i bring that up is because today theres going to be a lot of discussion about trade writ large. It is very important that in the trade discussion that we also have trade enforcement. So much of what we filed yesterday is what we hope to see in an agreement that is now being unveiled, and this i would abouts on capacity building. That is very important. That is, to make sure that we have the enforcement capabilities at ustr and now the capacity enforcement in mexico to make these agreements work for the future. But im really here to talk about how two years ago the Trump Administration basically with the f. C. C. At the helm repealed Net Neutrality and put big cable in charge of our internet future. Despite 83 of all americans and a majority of independents, democrats, and republicans supporting a free and open internet that means making sure that they werent charged it excessive rates the f. C. C. Chose to side with Cable Companies, and not long after, verizon throttled the Broadband Service of the santa clara firefighters in california when they were in the midst of fighting a massive mendocino fire. The firefighters asked them to stop the throttling. Er have vie does on refused to do so. Were always concerned that without rules of the road, companies would slow down access to some internet sites. Why is this so important . Because we dont want an internet where its based on how much you will pay how fast the broadband access. We think that to slow down important sites like Public Service sites or any sites or base an internet on how much you pay is the wrong direction. So, more importantly, we need it make sure that we are policing this. So even when we have no agency to keep this situation from happening again, we need to keep fighting to say another example, wireless providers have been potentially throttling and interfering with skype services. So again, another example of why we have to keep our message about a free and open internet, no matter where live or where were accessing the internet. It is long past time for the senate to vote on save the internet act, something our colleague from massachusetts has been a leader on. Our bill would restore the protections for a free and open internet by the obama f. C. C. In 2015, which would say, no block being, throttling, or paid prioritization to be allowed. Te the legal standards. Again, i thank the senator from massachusetts for his leadership, persistent both in the house and senate on how important this is. As my colleagues know, these issues are going to be very important issues for the future, not just about privacy that the senator has also been a leader on, and i very much appreciate that the hometown newspaper wrote a glowing endorsement of the legislation you and i have just p recently introduced on privacy, but in understanding that in an Information Age you have to give consumers rights. You have to give them the right to privacy and you have to give them the right to a free and open internet that is not controlled on speed, that is not controlled and saying if you pay us more, well give you the access. This is going to be a Key Communication tool for the 21st century, and it needs to be open. So i thank my colleague for raising this important issue, and i continue to work with him and other colleagues to make it the law of the land. I thank the president and i yield. Mr. Wyden mr. President. Our Ranking Member on the Commerce Committee as always has framed the issue of Net Neutrality and Consumer Rights appropriately. Im going to speak for just a few minutes, and then on behalf of our side, on behalf of the democratic caucus, senator merkley, our senator markey, our friend from massachusetts will propound a unanimous consent request and i think then a note that the chairman of the committee is here and well have a bit of discussion. Mr. President , at bit of history on this. Senator markey introduced the first Net Neutrality bill as a member of the other chamber. I introduced the first Net Neutrality bill here in the United States senate. I think its important for people to understand right out of the gate what this issue is all about. Real Net Neutrality empowers the consumer, after they pay their Internet Access fee, they get to go where they want, when they want and how they want. What a. B. Pai and donald trump want is something very different. They want an internet policy that lets big cable get what they want when big cable wants it and how big cable is going to get it. So thats the difference here. Who is in the drivers seat . Senator markey, senator cantwell and i say that what the beauty of the internet has always been about, and its real simple, is that the consumer is in the drivers seat. We dont have an information aristocracy with lanes and all kinds of favoritism for the powerful and the influential. The student, the Small Business, the person without power and clout gets the same fair shake as everybody else. So what weve said is we want to keep the consumer in the drivers seat. And what mr. Pai and donald trump want to do is say we want a different notion of Internet Freedom. What we really want to do is say Internet Freedom is big cable freedom. Thats their idea about how we ought to approach the internet. And at the end of the day, if the policy here is about letting big cable rigging the internet in favor of those who can afford to pay more and shake down everybody else, people will have a choice to do that. That is not the choice that senator markey and i are going to make. Cable companies are already tricking people, tricking them into buying socalled Unlimited Service plans that limit their service. People have uncovered the way they have throttled service for particular users, including First Responders in times of emergency. Megamergers involving telecom and Entertainment Companies also limit competition and threaten to balkanize the internet. Senator markey, were talking about fracturing the internet into small bundles that cost big money. Thats the vision that the Cable Companies have. Not Net Neutrality, you head in the direction where consumers pay more for entertainment and information, and Small Businesses have got to scratch their head and say how in the world am i going to compete with the big guys online . Fortunately the courts said recently the Trump Administration cant overrule states on Net Neutrality. My home state of oregon, looking forward to being home in a couple of days, having town meetings. Thats what i like the most, people speak up for issues like fairness and Net Neutrality. Im going to hear about it this weekend. Other states have policies like oregons as well. Here in the congress, on this side of the aisle and youll see it when senator markey offers his proposal in a moment were going to keep up the fight to protect consumers from a. G. Pai and the trump f. C. C. We still have that vision of the orplg original internet that senator markey and i talked about when he offered the proposal in the hougs house and i offered it in the senate. What can be more simple than putting the consumer in the drivers seat saying you can go where you want, how you want, when you want. Now were talking about today the Cable Companies being able to say theyre going to decide those very issues. Im very pleased, and i think its very appropriate that after years of leadership on this issue in both the other body and here in the United States senate, that senator markey is going to speak for our caucus on this issue, calling for the senate to press his legislation to have a truly free and open internet for the entire country. If you dont get the markey proposal, folks, what youre going to see is big Cable Companies keep ratcheting up the cost of Internet Access bit by bit, little by little. And by the way, their strategy is to do that little by little, senator markey, because theyre hoping that nobody ever complains and nobody notices. Well, im telling you senator markey and i and our caucus, we figured out that the Cable Companies are trying to disguise price hikes and data limits by flashing discounts on bundles of content in the end. But what the cable people are talking about is a bad deal for consumers. Its a bad deal because a. G. Pai and donald trump want to put big cable profits over the interests of the typical american. Senator markey, with my full support, i appreciate your offering this legislation today. Were going to be working with you to keep up this fight going forward. I look forward to the discussion. I noticed that my colleague from the end of the alphabet, and my friend, the chairman of the committee is here. And well have a little back and forth. Mr. President , i yield the floor. A senator mr. President. Thank you, mr. President. Mr. Markey mr. President , i agree with every word that senator wyden has just spoken here on the senate floor, and i thank him for his leadership, going back to 2006 when we first introduced Net Neutrality as legislation into the United States congress. We did it then because it was important. We do it today because its critically important. The question really is whether or not the internet is going to be free and open, whether its going to which the preupblgs principles of nondiscrimination against smaller voices, Smaller Companies, startup companies, individuals in our society be protected on the internet in the future. Thats what Net Neutrality is all about. We are on the right side of history on this issue. Every day that goes by further instructs us as to how h central the internet is in our country and on the planet. And ultimately it has to be open. It has to be free. It cannot have nondiscrimination built into it because a small handful of Huge Companies decide that they have a right to discriminate. So i thank the gentleman from oregon. I thank our leader on the Commerce Committee, senator cantwell from washington state, for their great leadership on this issue. Mr. President , as if in legislative session, i ask unanimous consent that the Commerce Committee be discharged from further consideration of s. 682, further that the senate proceed to its immediate consideration, the bill be considered read a third time and passed, and the motion to reconsider be considered made and laid on the table with no intervening action or debate. The presiding officer is there objection . A senator mr. President , reserving the right to object. The presiding officer the senator from mississippi. Mr. Wicker thank you. Of course there will be an objection at the end of my remarks. But let me simply disagree fundamentally with my friends on the other side of the aisle about who is on the right side of history. I would simply offer to my opinion distinguished colleagues and to other members of the body that we need only to look at what has happened during the past two years under the agit pai, donald trump f. C. C. And compare it to what happened not internet under the approach being advocated by my colleagues today. In 2015, president obamas f. C. C. Ordered the imposition of title 2 regulations to the internet, and they call this Net Neutrality. But basically what it amounted to was a Big Government depressionera set of regulations that gave bureaucrats control over virtually every aspect of the internet. They implemented this in 2015, and heres what happened. Broadband investment decreased dramatically during the next two years. This was the first time in history, in the history of the internet that broadband investment had decreased outside of the times of a recession. Bad for the internet, bad for the public, bad for Small Business and startups. And so i wonder if its from that that the save the internet act would save us. If they want to save us from innovation and growth, then perhaps the save the internet act would get the job done, because we had no growth during that time and less innovation. So then two years ago the new f. C. C. Came in and did away with some of these Big Government depressionera regulations that scared off investment, particularly the depressionera title 2 regulation, as if the internet was going to be governed like a Utility Company from the 1930s and 1940s. It did away with that, and what has happened since that time . In the two years of america operating under what my friends would end with this legislation, more americans are connected to the internet today than ever before. We have faster internet speeds than ever before. We have more Rural Americans in states like my home state of mississippi and all across the great heartland of america. More Rural Americans are now getting more internet at faster speeds. So we have two choices to choose from today. The one four years ago that led to less growth and a recession in the growth of the p internet and the past two years where we had more growth than ever before. I will agree with my colleagues in one respect. We should have no discrimination online, and we dont have discrimination on line today. There are no lanes as my opinion friends on the as my friends on the other side of the aisle have said. There is no favoritism in what were doing. We just have prosperity and huge growth in the internet. If my friends on the other side of the aisle want to join us in enacting a permanent statute, so we dont go back and forth between a regime of democraticcontrolled f. C. C. s and republicancontrolled f. C. C. s, and theyd like to help us in that regard, statutorily place nondiscrimination online in the law, free and open internet in the law, outside of the regulation of something that weve imposed on another part of our economy half a century ago. Then i hope theyll join in the bipartisan effort that senator sinema and i are participating in, the senate Net Neutrality bipartisan group. I would hope they would want to join us in that regard. We can make the statute better, but i would certainly offer to my colleagues the facts, and the facts are that the past two years have been a time of great growth of the internet. The previous two years under depressionera rules, were a time of decreased dramatically decreased investment. And so, for that reason, mr. President , i do object to the unanimous consent request offered by the distinguished gentleman from massachusetts. The presiding officer objection is heard. Mr. Alexander mr. President . The presiding officer the senator from massachusetts has the floor. Mash mark i thank you, mr. President. Mr. Markey i thank you, mr. President. A mr. President , what we just heard from the majority is in fact a false narrative that contends that weve to choose between broadband deployment and Net Neutrality. And if we dont put Net Neutrality back on the books, there will be internet fast and slow lanes. Thats whats about to happen if we dont act out here on the senate floor. Innovation will be stifled, consumers will have to pay higher prices, the internet will not be as we have known it in the past. And so i absolutely feel that what just happened is a disservice to consumers and innovators in our country, that they should be atloid have Net Neutrality that they should be atloid have Net Neutrality as their that they should be allowed to have Net Neutrality as their protection. And, again, we are on the right side of history in propounding this legislation that we brought out here and ultimately today history was not served well. So i yield back, mr. President. Mr. Wicker mr. President . The presiding officer the senator from mississippi. Mr. Wicker i would simply say to my good friend from massachusetts, where are the fast and slow lanes . They may happen sometime. Weve been warned for two years this is going to happen. This has not happened. What has happened is the greatest growth in the internet that weve seen as opposed to the stifled growth we had during the two years of title 2 regulation under the obama administration. I want to work with him on nondiscrimination online. Everyone wants a fair and open internet. But i think everyone also wants the great growth that weve had over the past two years, and we can have it with a bipartisan bill like the one senator sinema and i are working on and unlike the idea of putting us under depressionera rules. Thank you, mr. President. And i yield the floor. Mr. Alexander mr. President . The presiding officer the senator from tennessee. Mr. Alexander mr. President , every year americans make nearly three billion trips to the drugstore to pharmacies, Convenience Stores to pick up overthecounter products such as allergy medicines, childrens cough syrup or simple pain medicines, aspirin. As the Senate Health committee was working on the 21st century cures act, i asked the director of the center for drug evaluation at the food and Drug Administration, i asked, are there any changes that really need to be made in the f. D. A. s law . So this is a train thats likely to get to the station. If youve got something that really needs to be done for the benefit of American Consumers that you havent been able to get done, tell us what it is and well put it on the train. Well, ms. Woodcock, whos been at the f. D. A. For a while, came back to me and said, the overthecounter monogramm. These are the rules that govern how all drugs other than prescription are approved. Thes a lettering medicine, the cough syrup, the simple pain medicines. Those havent been changed since the 1970s, nearly 50 years ago. Well, mr. President , today the senate, after all that time, nearly a halfcentury, will modernize these rules by passing legislation proposed by senator isakson and senator casey. Its called overthecounter monograph safety and reform act. Im sure it will get a big vote of approval. And like a lot of other very important things that are done here in the senate that are very, very difficult to do, it will look easy. It hasnt been easy. Its taken a long time, nearly a halfcentury. It was the one thing that the f. D. A. Said we just cant get done. That was in 2016 three years ago, and now senator isakson and senator casey are getting it done. Its the most important law affecting the safety, innovation and cost of overthecounter drugs since the 1970s. Its a great testament to senator isaksons leadership and legislative skill. He, of course, is leaving the senate at the end of this year, and this is a fitting tribute to his work. In the same way, i thank senator casey of pennsylvania for his excellent work in bipartisan fashion with senator isakson on this bill. They both deserve great credit and thanks for getting this update across the finish line. It may look easy. What they have done is something that hasnt been changed for nearly a halfcentury and that the food and Drug Administration said was the one thing that needed to be done to help consumers to affect the availability, the innovation, the cost of drugs that are sold across the counter that are not prescription drugs. I thank the president. I yield the floor. A senator mr. President . The presiding officer the senator from New Hampshire. Ms. Hassan mr. President , i rise today to join my democratic colleagues who have come to the floor in recent weeks to share stories from our constituents about the need to protect and improve health care. Mr. President , throughout the last three years, the Trump Administration and republicans in congress have been relentless in their attempts to undermine our Health Care System. And their efforts have increased costs and made it harder for patients to access the care that they and their families need. Instead of working to improve our Health Care System and ensure that it is actually working for patients, this administration and some of my republican colleagues have actively sought to do the opposite, and that has very real implications for the people who we serve the take, for example, cassandra van curen of manchester, New Hampshire. Cassandra is a 26yearold who is patient about fitness who is passionate about fitness. A week before she turned 25 she got the news that she had been diagnosed with type 1 diabetes. Her life had been turned upside down and after her diagnosis she was immediately hit with another shocking blow the costs associated with her condition. Within the first week of her diagnosis she was forced to max out her credit card, and to this day, she is still paying back all of the bills she accumulated within her first month of being diagnosed. Soon after, she lost her job because she missed so much work. She then went to work with her husband at the gym that they own in manchester and was able to get Health Insurance through the business. Still, the costs remain enormous. On average, cassandra has to spent 150 a month on insulin costs alone, after insurance. Her premium is over 400 per month, and every three months she accumulates bills of over 500 due to the cost of appointments and equipment. And, sadly, cassandra and her husband are nervous about starting a family because their costs for care would grow even higher. The amount of insulin a woman with type 1 diabetes needs increases three times when she is pregnant. Mr. President , cassandras story is an example of why we need to briewf our Health Care System and improve our Health Care System and why we cant afford to allow Washington Republicans to pull us backward. The administration is backing a partisan lawsuit, the result of which we will know soon which would take Health Care Away from millions of americans, gut protections for preexisting conditions, end medicaid expansion, and eliminate the requirement that insurers must cover prescription drugs, maternity care, Mental Health care, Substance Use disorder treatment, and so much more. With the support of Senate Republicans, the administration has promoted what are appropriately referred to as junk Health Insurance plans. These junk plans allow Insurance Companies to discriminate against americans who experience preexisting conditions, and they also leave patients with Higher Health care costs and worse insurance coverage. And the administration has opposed certain efforts to lower the cost of prescription drugs. In particular, allowing medicare to negotiate lower prices on lifesaving drugs, including insulin. These actions are unacceptable. Families in New Hampshire and all across the country cannot afford these reckless attacks on their health care, and they want us to Work Together on constructive Bipartisan Solutions that improve their lives and lower their costs, not this constant uncertainty and sabotage. Mr. President , the efforts of people like cassandra who have shared their stories in an attempt to shine a light on the challenges that patients are experiencing are incredibly important. No one should have to share their most deeply personal Health Care Stories and plead for lawmakers not to undermine their health coverage, but that is where we are. And i am incredibly grateful for those who have the courage to speak out. Ill continue to share their stories, and i will continue working with anyone who is serious about actually improving our Health Care System, not undermining it. Thank you, mr. President. I yield the floor. A senator mr. President , i ask to be recognized. The presiding officer the senator from nevada. Ms. Rosen thank you, mr. President. Mr. President , i stand here today in opposition to the nomination of Lawrence Vandyke to the ninth Circuit Court of appeals in nevada. And i stand here today because i think we can all agree no matter where you are from that federal judges in our state should come from our communities, and they should reflect our communities. Its unfortunate to see this chamber disregard nevadas voice and move forward with mr. Vandykes nomination. The state of nevada has numerous qualified lawyers and judges who have done good work and have good reputations in our communities, who are nonpartisan and who would make excellent additions to the ninth circuit. But the white house didnt nominate any of these qualified individuals for the ninth circuit. Instead the president nominated Lawrence Vandyke, a man who wasnt born in nevada, didnt grow up in nevada, didnt go to school in nevada, and doesnt live in nevada now. He hasnt even set foot in nevada for over a year. This administration has nominated someone to serve on the nevada seat of the ninth circuit who and let me be clear is not a nevadaan. Mr. Vandyke is, however, a washington,d. C. , lawyer and failed political candidate from montana who was nominated to further his and this administrations extreme political views. His nomination is being imposed on the people of nevada despite our many qualified individuals in our own state, individuals who are respected on both sides of the aisle. As if mr. Vandykes lack of any meaningful connection to the state of nevada wasnt bad enough, mr. Vandyke is not even qualified to hold this post, according to the american bar association. In reviewing this nominee and speaking with dozens upon dozens of his former colleagues, the a. B. A. Found mr. Vandyke specifically not qualified to serve in this role. The a. B. A. Has made that finding for only 3 of President Trumps judicial nominees, and mr. Vandyke is the first in a small group whose nomination will move forward without let me repeat without the support of either senator representing the state where he will sit on the bench if confirmed. That we would allow someone who is not qualified to hold a lifetime position in such a critically Important Role is, frankly, absurd and its something that no senator should support, no matter the party of the president that nominated them. The a. B. A. s report found mr. Vandyke has been lacking in knowledge of daytopractice, including procedural rules. The report found mr. Vandyke to be lacking humility and an open mind. And the a. B. A. s report found mr. Vandyke to be lacking a commitment to the truth. In order to see how the a. B. A. Came to this conclusion, one only needs to look at mr. Vandykes record of pursuing an ideological agenda instead of working for the people and defending the law. In his past role as attorney general of montana, he filed many politically driven briefs, including one asking the Supreme Court to strike down roe v. Wade altogether. A view that is out of step with the views of nevirapinians. He even of nevadans. He even signed one review without reading it, by his own admission. He has also made controversial and appalling statements will lgbtq americans, writing this and i quote theres ample reason for concern that samesex marriage will hurt families and consequentially children and society. Mr. Vandyke has given every opportunity to disavow this statement and repeatedly declined to do so. Allowing mr. Vandyke to serve on the ninth circuit would put at risk the rights of thousands of lgbtq americans, to employment, health care, housing, basic equal treatment and what is often in what is often the court of last resort. Mr. President , surely you must agree. No matter who is president or who controls the senate, you would want qualified judges with connections to the state who will be fair to your constituents and not use cases to advance their personal ideological agenda. I oppose the nomination of mr. Vandyke and if it is withdrawn or voted down, i will be ready in a moments notice to work with this white house in finding a fair, qualified, nonpartisan nominee from nevada. The people of my home state and yours deserve nothing less. Thank you. I suggest the absence of a quorum. The presiding officer the clerk will call the roll. Quorum call ms. Rosen may i ask that the quorum with vitiated. The presiding officer without objection. Under the previous order, the Senate Stands in recess until 2 15 p. M

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