vote:

the presiding officer: does any senator wish to vote or change his or her vote? hearing none, then on h.r. 6297 the yeas are 99. the nays are zero. the bill is passed.

a senator: mr. president? the presiding officer: the senator from georgia. a senator: mr. president, i rise today to discuss the vacancy of the united states supreme court. we've been on this issue and what needs to happen next year when our next president is sworn in. for months i and other members of this body held our ground in saying the american people deserved a voice in this process. we talked about how the integrity of the advice and consent process clearly outlined in article 2, section 2 of the united states constitution was at stake. we outlined years of precedent against nominating and confirming a supreme court justice during a presidential

election cycle. mr. perdue: the last time a vacancy arose and a nominee was confirmed in a presidential election year was 1932. 1888 was the last presidential election year in which a justice was nominated and confirmed by a divided government. confirming a nominee to the united states supreme court should never be distorted by political theater of a presidential election cycle. this is a bipartisan position, mr. president. both parties have said at different times in the past decade or so what i and many colleagues here on this floor have said just this year. since day one, i have consistently said that no supreme court nominee should be considered for the supreme court or considered by the senate until the next president is sworn in. that also meant no consideration during the lame duck either, no matter the outcome of the election. you can't have it both ways. this was my position before the election. this is still my position today. it was and is about the principle, not the individual.

as an outsider to the political process, this was logical and an easy position to take from the very beginning. the process for nominating and confirming a justice to the united states supreme court is enshrined in our constitution. the hyperpartisanship and politics of a presidential election cycle should have no -- have absolutely no place in this process. confirming any individual to a lifetime appointment to the united states supreme court must rise from that kind of political posturing. it must be above any political theater. furthermore, as i said previously, the american people deserve a voice in this process. election day was not only about changing the direction of our country, but it was also a referendum on the ballots of the supreme court for generations to come. our decision to withhold consent on any supreme court nominee until after a new president is sworn in protected the integrity

of the advice and consent process from political games in a heated presidential campaign cycle. that decision was entirely within the rights and responsibilities of the senate as outlined in the constitution. we did our job, mr. president, and next year we're going to continue to do that job of advice and consent as we consider the next nomination for the supreme court. with a new president sworn in, it will be time for the united states senate to confirm a nominee to the u.s. supreme court. the election is over. the people have spoken. americans have elected a new president. they chose a new direction. i urge members of this body to listen to them, and i urge this body to remember the integrity of the process. i also look forward to learning from whomever president-elect trump anonymous to serve on -- trump nominates to serve on the court and having the opportunity to vote on his or her confirmation. with that, mr. president, i yield my time and i note the absence of a quorum. the presiding officer: the clerk will call the roll.

quorum call:

quorum call:

a senator: mr. president, i ask that the quorum call be lifted. the presiding officer: without objection. mr. moran: mr. president, since my arrival in the united states senate a few years ago, i

have been a proponent and an advocate, attempted to champion an issue that many in the senate care about. that is the desire to increase america's investment in medical research, to increase the likelihood of outcomes that are desirable in improving every american's well-being, to end the pain and heartache that comes with diagnoses that often end in difficult lives and ultimately death. and so we have worked hard as a senate -- and i serve on the aeption pros committee -- aeption pros committee with you -- appropriations meet with you, mr. president, the subcommittee that funds the national institutes of health -- and from my vantage point i.t. clear to me that we've made a significant investment in increasing the amount of dollars that taxpayers pay to try to find those cures

for cancer, to eliminate the on-set of alzheimer's, to help with diabetes, mental health issues, and this week a lot of leadership is taking place over a number of months in which we now will culminate next week with a vote on the 21st century's cures act. and it is an important exon of this medical innovation that i find so necessary for the benefit of kansans and for the benefit of republicans and really for people who live around the globe. this cures act invests in the future of our country by providing a significant increase in federal support for lifesaving biomedical research that has -- that will simply impact the life of every american, certainly every american family. these important investments range from increasing the funding at the national institutes of health, advancing precision medicine initiative, funding important cancer research through the cancer --

quote -- "moonshot" -- and supporting the brain initiative to improve our understanding of diseases like alzheimer's. there are also provisions that will accelerate f.d.a. approval of drug development process as well as fight opioid abuse and suicides. the subcommittee it that you and i serve on in the appropriation subcommittee, we want to give the f.d.a. the tools necessary to accelerate the process by which lifesaving drugs and devices are available for americans and for citizens around the globe. under this legislation, the cures act, the n.i.h., the national institutes of health, will receive a significant dollar investment increase over the next ten years. we know that will drive research forward to develop greater understanding of rare diseases. we often think about n.i.h. as those major afflictions --

cancer and alzheimer's and diabetes -- but many americans, unfortunately suffer from rare diseases, and we want to help find the treatment and certainly the -- that are patient-centric to treat wear diseases as well. this funding will send the message that we acknowledge the efforts of n.i.h. research in a strong bipartisan way. this funding will also work in tandem with those increases we have provided at n.i.h. through the normal annual appropriations process. we've always given n.i.h. the ability to prioritize their research that could result in the biggest bang for the buck, the most lifesaving opportunities, but obviously the more resources n.i.h. has, the more opportunities they have to find those cures and delays and treatments. this effort also supports the best and brightest among us,

those researchers and scientists. i want young kansans to have a future. if they're interested in science and mathematics and engineering and research, i want them to have an opportunity to pursue those careers hopefully in our state. but certainly in this country. and we want the united states of america to continue to be at the forefront of medical research in the realm of science and engineering as well. this is an economic engine for our nation. it can be and is an economic engine for my state and the cures act accelerates those opportunities for young people and others across the country who want to devote their lives toward the noble cause of making life more, longer, greater longevity, but also with less challenges and afflictions that come to many people who encounter disease. the burden of diseases like alzheimer's, cancer, stroke, mental illness can be lessened

through research. a long time ago, well before the affordable care act and obamacare, i sat down and put my thoughts on paper of what we should do to try to reduce the cost of health care in this country. what do we do to reduce the price that people have to pay to be insured? that list is long and, in my view, the way to do this is incremental. but one of those increments is to invest in medical research. the amount of money that we can save, if we would find a cure for cancer, find the delay for the onset of alzheimer's, is certainly in the billions of dollars, and investment in medical research helps us save health care dollars. therefore, helping us make health care insurance more affordable for more americans. and so it's certainly an investment in economics. it's an investment in ability to save money as well as what we know about saving lives and making treatments available to people who otherwise would have less life enjoyment as a result

of that disease. new scientific findings are what yields breakthroughs that enable us to confront the staggering challenges of disease and illness. and we can do that through the cures act and the efforts that we made over the last several years to make certain that n.i.h. has additional resources. when it comes to cancer, half of all men and a third of all women in the united states will develop cancer in their lifetime. the cancer moonshot which this bill includes, the cancer moonshot provides $1.8 billion of funding. it seeks to combat those statistics to reduce the chances that somebody encounters cancer in their lives and to reduce the costs associated with it. this research will focus on accelerating cancer research and make more therapies more available to more people, to a wider range of patients and improving our ability to detective cancer at earlier

stages of its development and hopefully prevent that disease altogether. so cancer is front and center with the moonshot and the cures act. the food and drug administration, an agency that i've learned more about in the last couple of years and have taken a greater interest in, we need to have reforms that are included in the cures act that target speeding up the f.d.a.'s approval of new medicines and medical equipment. pharmaceuticals have become a significant portion of how we treat disease. it used to be in my early days in life, certainly my parents' lives, you went to the doctor and you were examined and you may be admitted to the hospital. so often today you're examined and you are given a prescription. and it is a way that we now treat patients. we have a new array, a wider variety of opportunities that pharmaceuticals provide. and we need to make certain that the f.d.a. has the resources, has the right mentality, the mind set, is not a impure -- a

bureaucratic organization. this legislation brings a patient-focused view to drug development that it will be so relevant in the process of bringing things that we need to cure and treat americans. opioids have been a conversation of this senate for a number of months for the last several years. in fact and unfortunately, millions across the country struggle with an addiction to opioids. it's a heartbreaking reality. you and i come, mr. president, from rural states. we wish we could say that our states are immune s. it's a problem for folks in the cities or suburbs or someplace else. but unfortunately, this drug, opioids and other drug addictions, are a significant component of challenges we face at home.

we include in the cures bill additional dollars to address the addiction, including prevention, treatment, prescription drug monitoring programs and efforts to reform our current system. and it's important that this legislation pass as a follow-up to the comprehensive addiction and recovery act which i voted for earlier this year to try to stop the spread of opioid abuse in communities across the country. mental health, i started paying more attention to mental health issues at home as well, visiting our community mental health centers, visiting our state mental health hospitals, we need to make certain that in our effort to focus on health care, we have an appropriate prioritization of mental health as well. the 21st century cures act takes the steps forrd in that regard in providing solutions for more than 11.5 million

american adults who live with mental illness. it's considered disabling. important sections of helping families in mental health crisis act, some of the most significant reforms to the mental him system in more than a decade are included in the cures act. these are aided by the assistant secretary for mental health and substance abuse at the department of health and human services. we're hopeful this person will help us coordinate direct funding and remove the regulatory barriers that hold back our abilities to find treatment and cure and care for people who suffer mental illness. suicides are a significant problem. you and i, mr. president, we serve on the veterans' committee together where suicides bivens is an ever -- by veterans is an ever present problem. 22 veterans a day commit

suicide, and our efforts at focusing research and treatment in regard to mental health can help save lives of those who sacrifice so much for us and to comfort their families and avoid disasters and tragedies that occur way too often. there's a couple of provisions that were included in this legislation as it works its way through the senate. i'm supportive of many of those related to rural health care. for my time in congress, i've been an active member of the rural health care caucus. i represent a state that has 127 hospitals in communities across our state. those hospitals provide health care and jobs for people in rural america. rural kansans have paid into fica and social security taxes. we deserve to have the attention that we need for treating individuals who choose to live in rural america and keeping those hospital doors open,

keeping physicians in our communities, keeping pharmacy open on main street. those are things that matter greatly to me. and unfortunately, the center for medicare and medicaid services, a component of the department of health and human services, often creates rules and regulations that make no sense in the places that you and i come from. so i'm supportive of a couple of things in particular that are included in this. we've had a regulation that came from c.m.s., the center for medicare and medicaid services, generally called physician supervision. its enforcement is delayed one year in the cures act. i'm a sponsor of legislation to rid us of that regulation permanently but it's a benefit to have it out of the system for another year as we work to find that permanent solution. but the idea that there must be a physician present in circumstances, it's difficult for us to have a physician on site in the inner room with a patient at every circumstance,

and our midlevels and others are important to us in rural communities in particular, and that delay is something we've worked hard on and i'm pleased to see we were successful in getting it included in this legislation. many of those hospitals that i mentioned -- kansas, 127 hospitals in our state. 80-plus, 90 are so are what's called critical access, allow them a so-called cost reimbursement. when i was in the house of representatives i offered legislation for hospitals that otherwise wouldn't meet the criteria to be a critical access hospital. there is a demonstration project, pilot program operating in the country for the last five years trying to determine what cost-based reimbursement would mean for hospitals that are slightly larger than that 25 beds and that demonstration project is expiring. and fortunately, language in the cures act extends that

community health demonstration project, something, again, we've worked hard to make certain happens. and i'm pleased that the sponsors, the lead sponsors of this legislation were amenable to our request to include these provisions. i would conclude by saying the united states has a responsibility to continue our leadership in providing medical breakthroughs that will help change the world, certainly change people's lives to develop those cures and treat diseases. and we must commit ourselves to significant support for research that is supported in legislation just like the 21st century cues act. it has the capacity -- the legislation -- to benefit millions of americans suffering from chronic diseases. it can help our grandparents, our children, our life long best friends. and we can avoid the tragedy that comes with a diagnosis that

often ends in death. people's lives depend upon decisions that we make, and this is a decision that we can make that will benefit many, many americans and their families. our researchers must be able to rely on consistent, sustainable funding to support from congress. otherwise we'll lose the best and brightest. otherwise we will lose young men and women who think maybe they want to be a researcher and find a cure for a disease. but because of the uncertainty of whether or not their research might get funded, whether the funding is going to be there maybe next year, so they get funding for their research but uncertain as to whether it will continue, we don't want to lose those bright minds and noble callings of young people across our country to enter into the profession of medical research to help find the needs that -- find ways to meet the needs of americans and their health care. n.i.h.-supported research has raised life expectancy, grooved quality of life -- improved quality of life and this

legislation strengthens that circumstance and allows us to better remain globally competitive in the arena of medical research. the 21st century cures act is a powerful statement by congress. but more important than being a statement, it's something that will actually make a difference in people that we care about future. i commend the efforts by many senators, members of the house to make certain that this legislation arrives here in the senate before there is a recess for the holidays. it will be a strong statement. but more importantly, we expect significant results in the improvement of people's lives across the nation and around the globe. mr. president, i would yield the floor. but before i do so, i notice the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

quorum call:

quorum call:

a senator: mr. president? the presiding officer: the senator from south carolina.

mr. scott: thank you, mr. president. i ask unanimous consent that the senate proceed to the immediate consideration of --. the presiding officer: the senate is in a quorum call. mr. scott: i ask that the quorum call be vitiated. the presiding officer: without objection. so ordered. mr. scott: thank you, mr. president. i ask unanimous consent that the senate proceed to the immediate consideration of s. 10 introduced earlier today. the presiding officer: the clerk will report. the clerk: s. 10, a bill to provide for the consideration of a definition of "anti-semitism" for the enforcement of federal antidiscrimination laws concerning education programs or activities. the presiding officer: is there objection to proceeding to the measure? without objection. mr. scott: mr. president, i ask unanimous consent that the bill be read a third time and passed and that the motion to reconsider be considered made and laid upon the table. the presiding officer: without objection.

mr. scott: i suggest the absence of a quorum. the presiding officer: the clerk should call the roll. quorum call:

the presiding officer: the senator from montana. a senator: i would ask the quorum call be vitiated. the presiding officer: without objection, so ordered. mr. tester: thank you, mr. president. mr. president, i rise today not a minute too late, not a minute too early, but at the exact time that i am scheduled to speak, and that is because of a remarkable woman, my scheduler, theresa. she dedicated 25 years of serving her country and the united states senate. she has worked for a republican, she has worked for an independent and a democrat. a true bipartisan public servant that we can all learn a thing or two from. as a farmer, the schedule is rigorous but simple.

we plant, you harvest and then everything else in between. but when i got to the united states senate, i found washington, d.c. isn't as cut and dry as the farm. luckily for me after theresa served vermont senator jim jeffords' office for over 15 years, she came to my office to help me and my staff find the bathrooms. since 2007 i have been lucky enough to have her in my office in the state of montana is better off for it. thanks to her remarkable work, i've been able to see thousands of montanans in between thousands of committee hearings and briefings and runs to the airport all because of an air-tight schedule by theresa. at an all-staff meeting, one of my staffers was asked to draw a picket of -- picture of what she believes theresa does be every day.

with her trademark humility, she said that would be kind of boring. what landed on that paper was a set of hands, a generous set of hands that ensures all montanans can engage in the important policy decisions that shape our lives every day. theresa acts as the hands of caring for montanans across the state to see their senator. it is not boring at all. in fact it is really important. if scheduling was not an art -- or scheduling was an art, my schedules would be enshrined not just on my web site but also down the street at the national gallery and ter reap is a would -- theresa would know how many minutes it takes every day to drive from the hills to the museum. as my colleagues know a good scheduler is hard to find and harder to keep. she has shown staying power that keeps her in the scheduling hall of fame, a hall that would be erected along the road from the capitol to national airport.

whether it's a call from my farm at 3:00 a.m. to tell her i'm going to miss my flight because my truck can't make it through the snow or a text from the plane in minneapolis asking which gate i need to get to for the next connection, theresa has always been ready and willing to answer the call. after 25 years on the hill, i know i'm not the only one who can attest to theresa's talents as a scheduler, as a friend and as a person. she is a critical part of my office not only because she keeps me on schedule, she's also a relentless mentor to my younger staffers, always sharing in their joys and consoling them in their tougher times. i never forget the first time i met teresa when i interviewed her for the job of my scheduler. a few responsibilities earlier, my wife and i had just been on an airplane from seattle to washington national airport. my wife had said in the -- sat in the middle seat in row 12. i sat in the middle seat in row

27. and i said to teresa, what's going to happen when you schedule me in a cross-country flight, middle seat in the back of the plane and my wife in a middle seat in the front of the plane? and she looked at me and said, that ain't ever going to happen. and it never has. her smarts, her generosity and her quick wit not only make my life easier but also makes the lives of other senators, staff and most importantly montanans easier. as one of my former chiefs of staff pointed out whether it's a veteran from columbia falls, a high school student from billings, or a mom, teresa has played a vital road nim proving the lives of montanans. they may not know who made that moment happen but i do. to me and to many others on the hill and in the office, teresa is more than just a scheduler. when i asked for the quintessential teresa story, one

of her former bosses told a story not about teresa getting a meeting scheduled or pulling off an air traffic miracle, but they told the story about teresa, the coworker and friend. according to one of her former chiefs of staff, teresa would give a secret heads up to young junior staff members any time their boss was coming by so their pencils were sharpened and everything was on the up and up, even late on a friday afternoon, long after the senator had flown home. this type of kindness and humor and leadership shines through in ter respect should's work -- teresa's work every day. whether it's a bright eyed intern looking for a place to live for the summer, the ambitious staff assistant looking for professional guidance or the know it all executive assistant who thinks he knows best, teresa has been there to give advice, to listen, and to keep all of us grounded in a town where often the only thing bigger than the monuments are the egos.

despite a reputation as a miracle worker, her greatest accomplishment has been balancing the hectic profession of a scheduler with a critically important duties as a parent. when i call on thursday night because a flight is delayed, it is not uncommon for me to hear in the background the cheer of a ground from ian's hockey game or a hush whisper from the audience after one of zachary's plays. despite the long hour, frantic phone calls and countless e-mails, teresa's number one priority has always been crystal clear, her family. over the past 25 years, teresa and her husband, jeff, have made sure that their kids, alexis, zachary and ian, have everything that they need to be able to succeed. in the office and in life, she is more than a scheduler and what has made teresa a great scheduler over the years are the same qualities that have made her a great friend, counselor and mother. teresa's generosity, sympathetic

ear, sharp wit, understanding nature have made her a phenomenal friend and most importantly an ideal mother. i would say on behalf of all montana, vermont, countless staff members, and from this dirt farmer from big sandy, i want to thank tricia for 25 years of service. mr. president, i yield the floor. i suggest the absence of a quorum. the presiding officer: and the clerk shall call the roll.

quorum call:

quorum call:

quorum call: