committee. some of which was commenced by gangs of six or 12, or whatever. i see no reason why that cannot continue in the circumstances of a republican slim majority in the house and democratic slim majority in the senate. we know in the senate we can't pass substantive legislation shy of 60 votes so we're only sending bipartisan legislation over to the house. no reason why we can't work together to advance it. >> great. and i think that's all we have time for. senator baldwin, senator collins, thank you so much for your time today. are you both going to the signing ceremony tomorrow at the white house? >> you bet. >> you bet, sure. >> great. well, thank you so much for

your time. i really appreciate it and i enjoyed the conversation always and thanks again. >> we take you live now to the u.s. capitol where the senate is about to gavel in on this tuesday morning. today lawmakers will consider several of president biden's nominations including dana douglas to be a court of appeals judge for the 5th circuit. also this week members are expect today take up the 2023 defense program's legislation and a government spending bill. current funding runs out this friday and midnight. live coverage of the u.s. senate is here on c-span2.

the president pro tempore: the senate will come to order. the chaplain, dr. barry black, will lead the senate in prayer. the chaplain: let us pray. almighty god, our rock and fortress, you put the mountains in place and bring silence to roaring waves. you are a strong tower where we find safety. we ask you for peace on earth and good will to humanity. lord, strengthen our faith and forgive us for doubting your power and providence. thank you for this great land

and for the many freedoms we sometimes take for granted. we appreciate your faithfulness and your mercies that are new each day. today, lead our lawmakers so that your name will be honored. protect them from hidden dangers and sustain them through the lengthening shadows. we pray in your wonderful name. amen. the president pro tempore: please join me in reciting the pledge of allegiance. 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 president pro tempore: under the previous order, the leadership time is reserved. 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. dana m. douglas of louisiana to be united states circuit judge for the fifth circuit.

the president pro tempore: the senator from georgia. mr. warnock: i suggest the absence of a quorum. the president pro tempore: the clerk will call the roll. quorum call:

mr. schumer: mr. president? the presiding officer: the majority leader. mr. schumer: i ask unanimous consent the quorum be dispensed with. the presiding officer: without objection. mr. schumer: now, mr. president, before i begin, i want to extend a massive, massive congratulations to the syracuse orangemen's soccer team for winning the ncaa college cup championship last night in a heart-stopping 7-6 victory after penalty kicks. a big congrats to coach mcintire, all the players and staff. go orange! now, on the omni, a more serious subject, negotiations for a year year-long -- a year-long omnibus agreement go forward. there's a lot of work to do but we're opt mis-stick that if we preserve the good faith we've seen so far, we will get there.

despite agreements about the ultimate package, there's little disagreement that an omnibus is by far the best solution for funding the government. still, we're going to need a little more time beyond this week to get an omnibus done. to avoid a shutdown this friday, the senate should be ready to pass a one-week c.r. by the end of the week. to give negotiators more time to finish an agreement by the holidays. the house is set to begin consideration of a week-long c.r. today and after all the progress made towards an omnibus agreement, i hope nobody here in the senate stands in the way of getting a c.r. passed quickly, a one-week c.r. passed quickly through consent, if needed. again, an omnibus is the best option, the most responsible option for funding the government in the next fiscal year. it will ensure the federal government has all the resources necessary to serve the public at full capacity. it will make sure our troops in uniform are taken care of.

and i expect an omnibus will contain priorities both sides want to see passed into law, including more funding for ukraine and the electoral count act, which my colleagues in the rules committee have done great work on. it will be great to get that done. after all the work we've done this year to pass important new bills, like the pact act and the chips and science act, and so much more, a c.r. into next year could prevent the investments secured in these bills from going out the door. the vast majority of us don't want to go down that road. so again, the best option, the most responsible option is to proceed toward an omnibus, even if it won't contain everything both sides want. you no, on judges -- now, on judges, later this morning, it will be my honor to come before the senate judiciary committee to introduce an exceptional

public servant, arun subramanian, for the southern district of new york. here on the floor, he is one of the few south asians around the bench. we need more. but he will paiive the way. it's my intention to continue to support south asians to come to the bench. here on the floor, we'll also proceed with the confirmation of dana douglas to serve as circuit court judge for the fifth district, which covers texas, louisiana, and mississippi. judge douglas' confirmation today will be significant for a few reasons. for one, judge douglas will be the 28th circuit court judge this majority confirms in the last two years. of the many votes wisconsin we take in this chamber -- many votes we take in this chamber, confirming circuit court judges is among the top.

the lion's share of cases are decided there. judge douglas is also significant because after her confirmation, the senate will have confirmed 11 black women to serve as circuit court judges. this is a report for any single session of congress, before president biden only eight such nominees had been confirmed by this chamber. so this is truly a historic shift in the court's composition. this representation matters enormously. the health of our federal courts hangs on judges who will be bote law correctly while also earning america's trust in the first place. the more our courts look like the country at large, the more languages and background and specialties we have on the bench, the more likely the trust endures. that's more important than ever, given the recent, disturbing decisions handed down by the supreme court. that's why judges like dana douglas matter. that's why circuit court judges matter. we're going to keep working for the rest of this year and beyond

to bring diversity and balance back to our courts. on the white house signing ceremony, finally, mr. president, this morning, i want to note my tie. i am wearing it today for two reasons. first, it's a constant reminder of one of the happiest moments of my life, the day my daughter got married. and second, i'm wearing it because later this afternoon president biden will sign the respect for marriage act into law. for many americans in same-sex marriages or who one day wish to marry their partner, today is a day of relief and jubilation. by passing this law, we are sending a message to lgbtq americans everywhere -- you too deserve dignity and equality under the law. few bills have hit home for members on the hill quite like this one. marriage equality is not just

the right thing to do for america. it's personal for so many of us, our staffs, our families. my daughter and her wife are beautifully, praise god, expecting their first child, my third grandchild, next spring, and i want them to raise their child with all the love and security that every child deserves. thanks to the dogged work of many of my colleagues, my grandchild will live in a world that will respect and honor their mothers' marriage. look, nothing about the respect for marriage act was inevitable. on the contrary. it took a lot of faith and risk taking to reach this point. when my colleagues came and asked me for a delay, i made that choice, and it was because they believed, and i believed, that the bipartisan process could indeed work. it wasn't a decision we took lightly, but today that gamble is paying off. so i thank my colleagues on both sides of the aisle for making today's signing possible, and i

thanks my friend, senator feinstein, who originally authored this landmark bill. because of them, and because of the millions of americans out there who pushed for change, history will be made at the white house later today. i yield the floor and note the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

mr. mcconnell: mr. president. the presiding officer: the republican leader. mr. mcconnell: i ask consent that further proceedings under the quorum call be dispensed with. the presiding officer: without objection.

mr. mcconnell: senate republicans have spent literally months focused on the need for a strong bipartisan national defense authorization act, as well as robust funding for our armed forces. defending our homeland, deterring future threats, and supporting our allies and partners should not be last-minute low priorities. they're fundamental duties if we want to remain the strongest power in the world, and investing in strength today protects our country, our servicemembers, and the american taxpayer tomorrow. let's take, for example, ukraine. for nearly a year now the free people in the sovereign nation have stood firm and battled against brutal and lawless aggression. the ukrainians' brave stand has made possible, in part, because the united states and a number of other countries have realized

that supporting their self-defense directly serves our own interests. europe, together, constitutes america's largest trading partner. instabilities in europe pose as direct threat to countless american producers who sell to our friends across the atlantic. further huge disruptions to european markets would only add to the inflationary challenges that democrats' spending has caused us already here at home. what's more, a successful russian invasion would embolden the entire club of anti-american thug regimes to take bolder and more brazen steps toward further conflict, including direct threats to american lives. every day russia spends on the back foot and ukraine and degrades the ability to wage further wars and diminishes the calculus for others who might

contemplate similar violence. continuing support for ukraine is the popular mainstream view that stretches across the ideological spectrum. on my side of the aisle, for example, the former director of national intelligence john ratcliffe said recently that supporting ukraine fully and completely is in the best interest of the united states. the top foreign policy expert at the heritage foundation has spoken out forcefully about the need for continued military assistance. so has former secretary of state pompeo, former vice president pence and virtually every other leading national security official from the previous administration. while the conflict exposed serious weaknesses in russia's ability to wage conventional war it has also exposed shortcomings in the west particularly with our defense bases. our european friends who treated themselves to holidays from history after the cold war, pro

presumed a new normal stability and security and shifted spending disproportionately into domestic programs have received a harsh, harsh wake-up call. they are rushing to reinvest more in their own defenses. some politicians here in america fell victim to the same lullaby. now fortunately supplying the pacific ends of american armaments ukraine needs does not cut our supplies to other important regions. china and neighbors are watching the conflict in ukraine closely and the ccp would be delighted if ukraine fell to russia. with the long lead times to replenish what woor sending -- we are sending still provide us with a sober reminder. we know for a fact that the world's foremost military and economic super power can and should both produce all the capabilities that we need for ourselves and serve as freedom's

arsenal for our friends at the same time. we just need to organize our resources and make critical overdue investments in our defense industrial capacity. that's why the national defense authorization act will -- we'll take up soon provides multiyear procurement authority for planning and efficiency. it authorizes significant investments in modernizing our force and capabilities. but following through on these promises also requires that we pass robust appropriations. i made that clear at last week's briefing with the biden officials. i'll say it again. providing for the common defense is a fundamental governing responsibility. it's not extra credit. our democratic colleagues will not receive a goody bag of domestic spending in exchange for fulfilling this solemn duty. now on an entirely different

matter, i'd like to begin my tribute to another of our distinguished departing colleagues by quoting his own words from a letter written back in 2009. here's what he said -- dear mr.u for entrusting me with your son's memorial brace lt at the asheville day ceremony. i wish there had been more time to talk that day. i return to washington with the bracelet on my wrist. your son's unrelenting courage and zeal for life are what i will think of when i look at his name on my wrist. rest assured i will wear this bracelet forever. end quote. the quiet gesture, unheralded and understated, but leaving hugely impactful ripples in its wake, ago perfect case study of

senator richard burr. at first glance, it might appear to the uninitiated that our distinguished friend is a man of contrast or contradictions. for example, his impeccably dressed southern gentleman has been known to drive around town in a ricty -- rickety old volkswagen. i think our departed john mccain once called it an assault on senses. take the fact when most of us finished high school as a successful jock or successful student richard was a standout football player and a winner of the science fair. consider our unflappable, calm colleague with an easy manner, almost casual really, has been one of the chamber's most dogged legislators and most relentless champions across a whole array of critically important causes.

that special bracelet bearing army chief warrant officer carverr's name isn't just a comfort to one gold star family. it is an outward sign of richard burr's entire approach to his job. supporting service, honoring sacrifice, and making life better for folks in north carolina and across the nation. for five years richard's colleagues tasked him with helming the intelligence committee, some of the, some of this institution's most sensitive and critical responsibilities wound up right in his lap. but senators on both sides knew that richard's thoughtfulness, fair-mindedness and discretion tailor made him for the role. no showy victory laps, no braggy press tours. he led with a serious collegial

and patriotic tone that the issues actually demanded. this quiet confidence has been part of the richard burr brand from the very beginning. as a back bench sper, he spearheaded massive reforms at the food and drug administration. long before covid-19 he had a personal passion for helping to equip barta and other pandemic preparedness initiatives. richard authored transformational legislation that disability advocates call the most important advance for their cause in a quarter century. he reached across the aisle to help deliver justice for victims of decades-old hate crimes. he drove bipartisan consensus on a measure that's helped save students and families near $100 billion in loan payments. in a situation, folks in my own state know well, he stepped up to help tobacco farmers transition to succeed in a freer market. and as the ranking member of the

veterans' affairs committee, richard delivered much-needed relief to -- with the veterans choice act of 2014. it is amazing what you can accomplish when you're willing to be patient, keep an even keel, share some credit, oh, and occasionally even jump out a window. let me explain. this has created problem solving in action. during sequestration when staffing shortages closed some of the normal exits and entrances around the campus, our friend found himself in the russell building while the only open exit was all the way over in dirksen. rather than extending his commute he found the lowest window around, grabbed his dry cleaning, shimmied out and hopped right down to the sidewalk. now the day is fast approaching

when our colleague will escape from this institution for good, but richard's remarkable legacy here will endure. whether that's meant using his charm and judgment of character to disarm committee witnesses and get to the bottom of complex issues under investigation or using his fluency to translate key issues issues -- for his colleagues in the upper chamber. if an issue is dragging out and no solution appears forthcoming, unless richard was the point person himself he frequently would threaten to leave town altogether until things got worked out. we're talking about a colleague who's famous for keeping closer tabs on the senate's weekly wrap-up proceedings than just about anyone. in fact, as i understand it, richard's team became so famous for tracking the timing of final votes so closely, that some other offices would try calling team burr for the scoop before

they would even try the cloakroom. now with richard's seemingly laid-back demeanor you might assume our friend was eager to get out to the beach or hit the links, but that would be another one of those deceptive appearances. the truth is richard didn't become an expert at speedy getaways because he wanted to shortchange his duties. in fact, it was just the opposite. even as a devoted public servant as senator burr knew that in the final analysis another set of duties was even more essential. when many our colleague was first elected to the house in 1994, he and his beloved wife brooke had two young sons and brooke was carving out her own tremendously successful career in business. so our friend was bound and determined that serving the people of north carolina would not mean skimping on his proudest job of all, as father to tyler and william and now as a grandfather as well. through decades of committed

service, he's found a way to do it all. but even so, i know richard is excited to make up for lost time. so we thank our colleague for his outstanding work for our country. and i have it on good authority that our friend has a favorite catchphrase that he's used to bid farewell to his office after they spent a long day doing good work. so, richard, as you like to say, dilly-dilly. mr. mcconnell: i ask the clerk to call the roll. quorum call:

quorum call:

>> mr. president, before i begin i want to extend a massive, congratulations to the syracuse orange men's soccer team for winning the ncaa college cup national championship last night in a heart stopping seven the six victory after penalty kicks. big congrats to coach mcintyre, all the amazing players and the staff on a phenomenal accomplishment, the first in syracuse history. go orange. now on the omni, more serious subject. negotiations for your long omni,

omnibus agreement move forward, there's a lot of work left to do but we're optimistic that to preserve the good faith we've seen so far we will get there. i remain hopeful because despite disagreements about the ultimate package, there is little disagreement that and on the bus is by far the best solution for funding the government. still, we will need a little more time beyond this week to get an omnibus done, to avoid a shut and decided to sit it should be ready to pass a one-week cr by the end of this week. to give negotiators more time to finish an agreement by the holidays. the house is set to begin consideration of a weeklong cr today, and after all the progress made towards an omnibus agreement i i hope nobody hern the senate stands in a way of giving the cr passed quickly through consent, if needed. again, and i'm to this is the best option, the most responsible option for funding

the government to the next fiscal year. it will ensure the federal government has all the resources necessary to serve the public at full capacity. it will make sure our troops in uniform are taken care of. and i expect an omnibus will contain priorities both sides want to see passed into law, including more funding for ukraine, and the electoral count act which my colleagues in the rules committee have done great work on. it will be great to get that done. after all the work we've done this year to pass important new bills, like the pact act and the chips and site act, so much more, , scr into next year could prevent the investment securities bills from going out the door. the vast majority of us don't want to go down that road. so again the best option, the most responsible option is to proceed towards an omnibus, even if it won't contain everything both sides want.

now on judges. later this morning it will be my honor to come before the senate judiciary committee to introduce an exceptional public servant whom president biden nominated on my urging to serve as district judge for the southern district of new york hear, hear on the floor, he is one of the few south asians that on the bench. we need more. but he will pave the way and it is my intention to continue to support south asian succumb to the bench. you're on the floor will also proceed with the confirmation of dana douglas to serve the circuit court judge for the fifth district, which covers texas, louisiana, mississippi. judge douglas confirmation today will be significant for a few reasons. for one, judge douglas will be the 28th come the 28th circuit court judge this majority conference in the last

two years. of the many votes we take in this chamber confirming circuit court judges ranks in the top of the board's. the lion share of all federal cases after all are decided at the circuit court level. judge douglas is also significant because after her confirmation the senate will have confirmed 11 black women to serve as circuit court judges. this is a record for any single session of congress, before president biden only ate such nominees have been confirmed by this chamber. so this is truly a historic shift in the quartz composition. this representation matters enormously. the health of our federal courts hangs on judges who will be come both apply the law correctly what also earning a construct in first place. the more our courts look like the country at large, the more languages and backgrounds and specialties we have on the bench, the more likely to trust indoors. that's more important than ever

given the recent disturbing decisions handed down by the supreme court. that's what judges like dana douglas matter. that's what circuit court judges matter. and we will keep working for the rest of this year and beyond to bring diversity and balance back to our courts. on the white house signing ceremony, finally, mr. president this morning i want to note my tie. i am wearing it two reasons. first, it's a concert mind of one of the happiest moments of my life, the day my daughter got married. second, i'm wearing it because later this afternoon president biden will sign the respect for marriage act into law. for many americans and in same-sex marriages or who one day wish to make a party, today is a bit of relief and of jubilation. at passing this law, we're sending a message to lgbtq americans everywhere. you, too, deserve dignity, equality under the law.

few bills of hit home for members on the hill quite like this one. marriage equality is is not t right thing to do for america. it's personal for so many of us, our staffs, our families. my daughter and her wife are beautifully, praise god come expecting their first child, my first grandchild, next spring. and of wanting to raise their child with all the love and security that every child deserves. thanks to the dogged work of many of my colleagues, my grandchild will live in a world that will respect and honor their mothers marriage. and look, nothing about the respect for marriage act was inevitable. on the contrary. it took a lot of faith and a t of risk-taking to reach this point. with my colleagues came and asked me for a delay, i made that choice. and it was because they believed, and i believed, that the bipartisan process could

indeed work. wasn't a decision we took lightly, but today that gamble is paying off. so i thank my colleagues on both sides of the aisle for making today's signing possible, and i thank my friend senator feinstein who originally authored this landmark bill. because of them and because of the millions of americans out there who pushed for change, history will be made at the white house later today. i yield the floor and note the absence of a quorum. >> senate republicans have spent literally months focus on the need for a strong bipartisan national defense authorization act, as well as robust funding for our armed forces. defending our homeland, deterring future threats, and supporting our allies and partners should not be last-minute low priorities. there are fundamental duties of the want remained the strongest

power in the world and investing in strengths today protects our country, our service members in american taxpayer tomorrow. let's take, for example, ukraine. for nearly a year now the free people of the sovereign nation have stood firm in battle against brutal and lawless aggression. the ukrainians brave stand has made possible in part because the united states and a number of other countries have realized that supporting their self-defense directly serves our own interests. europe, together, constitutes america's largest trading partner. instability in your poses a direct threat to countless american producers who sell to our friends across the atlantic. further huge disruptions european markets would only add to the inflationary challenges that democrats spending has cost us already here at home. what's more, a successful

russian invasion would embolden the entire anti-american regimes to take bolder and more brazen steps to offer the conflict including direct threats to american lives. every day russia spins on the back foot in ukraine, degrades its own ability to wage further wars, and dramatically changes the cost-benefit calculus for others who might contemplate similar violence. continuing support for ukraine is the popular mainstream view that stretches across the ideological spectrum. on our side of the aisle the former director of national intelligence said recently that supporting ukraine fully and completely is in the best interest of united states. the top foreign policy expert at the heritage foundation james ketterer font has spoken out forcefully about the need for continued military assistance.

so has former secretary of state pompeo, former vice president pence, and virtually every other leading national security official from the previous administration. now while the conflict has exposed serious weaknesses in russia's ability to wage conventional war, it is also exposed shortcomings in the west, , particularly with our defense industrial bases. our european friends who treated themselves to holiday from history after the cold war, who presumed a new normal stability and security and shifted spending disproportionately into domestic programs have received a harsh, harsh wake-up call. that rush to reinvest more and her own defenses. some politicians here in america fell victim to the same lullaby. now, fortunately supplying the specific out of american armaments that ukraine needs does not cut our readiness and other important regions such as

the pacific. china and its neighbors are watching the conflict in ukraine closely, and the ccp would be delighted if ukraine fell to russia. but the long lead times to replenish what we are sending still provide us with a sober reminder. we know for a fact that the world's foremost military and economic superpower can and should both produce all the capabilities that we need for ourselves and serve as freedom arsenal to our friends at the same time. we just need organize our resources and make critical overdue investments in our defense industrial capacity. that's why the national defense authorization act will take up soon, , provides multiyear procurement authority for longer-term certainty, planning and efficiency. it authorizes significant investment in modernizing our force and capabilities. but falling through on these promises also requires that we passed robust appropriations.

i made that clear at last weeks briefing with the biden officials. i'll say it again. providing for the common defense is a fundamental governing responsibility. it's not extra credit. our democratic colleagues will not receive a good bag for domestic spending for fulfilling this solemn duty. now on entirely different matter, i would like to begin my tribute to another of our distinguished departing colleagues, by quoting his own words from a letter written back in 2009. here's what he said. dear mr. and ms. carver, thank you for interesting me with your sons memorial bracelet. at the asheville state veterans or more. we should been more time to talk about day. i've i return to washington e bracelet on my wrist.

your sons unrelenting courage and his zeal for life is what i will think of when a look at his name on my wrist. rest assured i will wear this bracelet forever, end quote. .. senator richard burr. at first glance it might appear to the uninitiated are distant was trend is a man of contrast or contradictions. this impeccably dressed southern gentlemen has been known to drive around town in a rickety old folks wagon. our dear departed colleague john mccain once called an assault on

the senses or take the fact that when most of us were happy enough to finish high school, successful job or successful student richard was both, stand up scholarship player and winner of the science fair. consider our unflappable home colleague, almost casually has been one of the chamber's most dog legislators and relentless champions across a whole ra of critically important causes. that special bracelet bearing mitch carver's name isn't just a comfort to one goldstar family but richard barrett's entire approach to the job supporting service, honoring sacrifice and making life better for folks in north carolina and across the nation. for 5 years richard's colleagues past with the intelligence committee, some of this

nation's, some of this institution's most sensitive and critical responsibilities wound up right in his lap but senators on both sides knew his fair mindedness and discretion, tailor-made him for the role. no press tours, a serious patriotic tone, issues that demand it. his quiet confidence is part of the richard burr brand from the beginning, richard spearheaded massive reforms for the food and drug administration long before covid 19 he had personal passion for helping to equip our pandemic preparedness initiatives.

richard has offered transformation legislation that was called the most important advance for their cause in a quarter-century, to deliver justice for hate crimes. the measure helped save students, with loan payments, in a situation folks in my state know well, he stepped up to help tobacco farmers transition to succeed in a career market and as the ranking member of the veterans affairs committee, he delivered relief to men and women who served our nation with veterans choice act of 2014. it is truly amazing what you can accomplish when you are willing to be patient, on an even keel and occasionally jump out a window. let me explain.

there's problem-solving in action during sequestration when staffing shortages close normal entrances and exits around the capital campus. the only open ocean was all the way over in dirksen which rather than limp on his commute this ever pragmatic man found the lowest window around, grabbed his dry cleaning, shimmied out and hopped down onto the sidewalk. the day is fast approaching our colleague will escape from the institution for good. richard's remarkable legacy will endure. the judgment of character, getting to the bottom of complex issues and using his fluency to translate key happenings for us, his colleagues over here in the upper chamber. i would be remiss if i didn't mention turning up the pressure

for the stalemate. you see if any she was dragging out and no solution appears forthcoming, unless richard was the point person, he threatened to leave town altogether. until things worked out. we are talking a calling taking closer tabs on the weekly wrap up proceedings. richard epstein became so famous for tracking the final votes, some other offices would try calling burr for the scoop before they tried the cloak room. as richards laid out, was eager to get out to the beach or hit the links, that is another of those deceptive appearances. richard didn't become an expert at speeding getaways une: mr. pre senate in a quorum call? the presiding officer: yes, we are. mr. thune: i ask it be liforted. the presiding officer: without objection. mr. thune: last wednesday, president biden was asked why he wasn't visiting the border while

traveling to arizona. his reply? because there's a more important thing going on. a more important thing going on. mr. president, no offense to new investment, but if it president biden thinks that visiting a plants to celebrate new investments is more important than the security and humanitarian crisis raging at our southern border, then his priorities are seriously out of order. but of course, we already knew that. this is hardly the first time the president has made it clear that he -- what he thinks of the crisis at our southern border. he thinks of it as just abe annoying distraction from what he'd rather be doing as president. in fact, he's shown a remarkable ability throughout his presidency to ignore or minimize crises that he isn't interested in dealing with. there's a more important thing going on.

mr. president, i venture to suggest that for overwhelmed border communities struggling with an apparently never-ending influx of illegal immigration there isn't anything, anything more important going on. and the president's trivializing of our border crisis is a serious betrayal of the responsibility he owes to these americans and to all americans. the situation at our southern border is out of control, and has been that way for most of the president's administration. over this past weekend alone customs and border protection encountered more than 16,000 individuals attempting to cross our southern border illegally. that's an average of 8,000 per day. higher than the daily average in may, which posted the highest number of attempted illegal crossings ever recorded. october saw a staggering 230,678 attempted illegal crossings

along our southern border. all told, u.s. customs and border protection encountered nearly 2.4 million individuals attempting to cross our southern border illegally during fiscal year 2022. that is the highest number ever recorded, exceeding the previous record set the year before by roughly 640,000. of course, these numbers just refer to individuals the border patrol actually apprehended. there have also been almost one million known got-aways over the past two fiscal years. and an untold of unknown got-aways. mr. president, president biden's comment doesn't just trivialize the scope of this crisis. it also trivializes the human misery that has resulted. at least 853 migrants died

crossing the southern border in fiscal year 2022, the highest number ever recorded. it's hard to imagine that that number wouldn't have been smaller if president biden had gotten serious about addressing this border crisis. instead of inviting illegal immigration with his lax border policies. i mentioned overwhelmed border communities. i should also mention the incredible strain the past two years have placed on the border patrol, which has been forced to divert agents from border enforcement to the overwhelmed humanitarian mission. then, of course, there's the very real danger represented by unchecked illegal imiation, including the risk of dangerous individuals entering our country unprotected and the potential for increased drug trafficking. illegal drugs are flowing across our southern border and

contributing to violent crime, not just in border communities but in communities around the nation. that's not to even mention our nation's fentanyl crisis, which is being fed by drugs trafficked across -- where else? our southern border. our current border crisis is an open invitation to increased illegal drug activity. but the president has more important places to be than the southern border. even though, i should point out, he's never actually visited the southern border. not once. the closest he got was literally driving by the border on the way to a campaign rally in 2008. mr. president, for border communities and strained border patrol agents, i venture to say

that there is nothing more important than getting our nation's border crisis under control. but i guess they'll just have to keep waiting. after all, the president has more important things to do. mr. president, in other tone deaf comments from the biden administration last week, white house chief of staff ron klain said, and i quote, fiscal responsibility is very important to us in the biden administration. we're very well aware that we have to stay within our means economically. i think you see that in everything we've tried to do these past two years, end quote. that from the president's chief of staff. well, mr. president, when i read that, i wasn't sure whether to laugh or cry or just be angry on behalf of the millions of americans who are currently suffering as a result of

democrats' lack of fiscal responsibility over the past two years. mr. president, we're currently in the midst of the worst inflation crisis in 40 years. my daughters, who are married with their own children now, weren't even alive the last time inflation was this bad. november inflation numbers came out this morning, and they just confirmed what we already know, that we are still very much in the midst of this crisis. currently, inflation is up 13.8% since january of 2021 when president biden took office. even if our inflation crisis ended tomorrow, the inflation we've already experienced will cost the average household more than $9,000 over the next 12 months. $9,000. now, for a lot of families, that's the difference between prosperity and just getting by. for many others, it's the difference between just getting by and not being able to get by at all.

how did we get here, mr. president? well, in substantial part thanks to the president's and democrats' fiscal irresponsibility. when democrats took office in january 2021, congress had just passed a fifth bipartisan covid bill that met essentially all current pressing covid needs. but democrats just wanted to keep spending. so despite being warned that the size of the package they were contemplating risked overheating our economy, under the guise of covid relief democrats passed a massive and partisan $1.9 trillion spending bill filled with unnecessary spending and payoffs to democrat interest groups. and the economy, not surprisingly, overheated as a result. inflation began climbing. and climbing. and climbing again. but what's almost worse, mr. president, and what makes

the white house's claim that they care about fiscal responsibility so incredibly ludicrous is what democrats and the president did next. even as it became clear their massive spending spree helped set off a spurious -- a serious inflation problem, democrat anded president kept pushing for more spending. in fact, their goal, which they were fortunately prevented from achieving, was passing another massive spending spree in the neighborhood of $5 trillion. even after that plan was foiled, democrats and the president kept right on pursuing more fiscally irresponsible legislation. in august, democrats passed legislation, their so-called inflation reduction act, again, filled with hundreds of billions of dollars in green new deal spending, partially financed by tax hikes that will raise energy prices and slow job creation.

democrats tried to clothe a bill in an aura of fiscal responsibility by claiming dubiously, i might add, that it would reduce the deficit by $300 billion. you want to know how long that purported deficit reduction lasted once the bill was signed into law? eight days. eight days. that's how long it took for president biden to completely wipe out any deficit reduction of the bill by implementing his massive student loan giveaway, a giveaway that not only wipes out any possible deficit reduction, but will also, according to the committee for a responsible federal budget, and i quote, meaningfully boost inflation, end quote. and yet we're supposed to believe that the biden administration values fiscal responsibility. mr. president, when it comes to fiscal responsibility, the biden administration has demonstrated that it could not care less.

the biden administration is interested in implementing the big government priorities of the far left, no matter how much they cost. and, unfortunately, the american people are the ones paying the price. mr. president, i yield the floor. and i 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 west virginia. mrs. capito: i ask that we vitiate the quorum call. the presiding officer: without objection. mrs. capito: thank you, mr. president. mr. president, today i rise to really honor a seventh generation west virginian, a lifelong wheely native, a devoted husband, father, grandfather and public servant, my very good friend, congressman david mckinley. david and i have known each

other for a very long time. he and mary, his wife, have been steadfast, have extended steadfast love and friendship to my entire family, but in particular to my parents during some good times and bad, and those friendships extended for many, many years and never wavered. from when david was a delegate in the west virginia statehouse to when he chaired the west virginia republican party to later when he became my colleague and our colleagues in the united states house of representatives, we worked together a lot. you know, david got a slot on the energy and commerce committee during his very first year in washington. i had already been there ten years and still hadn't made it to the energy and commerce committee, so i was a little bit jealous of david then, but, wow, did he really do tremendous work on that committee. although time has gone by, david's passion for, and his love for west virginia has never wavered and his pragmatic

service has never changed. as the only licensed engineer in the house of representatives -- and if you didn't know that, david is quick to tell you -- his unique and thoughtful analysis to challenges has helped his quints -- constituents immensely and made west virginia a better place. by the way, he's helped me understand some very complex issues. in fact, i don't think there are many members of congress who have held town hall meetings on the megabus to d.c. as david has to meet with our constituents, but david never misses an opportunity to have a conversation. david's played an essential role in advancing legislation critical to infrastructure, life-altering hearing aid devices and securing the pensions and retirement benefits that our west virginia coal miners rely on. david is and always will be a problem solver, and he brought thoughtful solutions to the needs of our fellow west

virginians every single day with unrelenting passion. i've mentioned passion many times already in this short speech, but passion is a very fitting word because david does not do anything halfway. he is passionate about our state of west virginia. he is passionate about west virginia university's football team and all sports teams, and he is always there ready to cheer on the mountaineers. he's passionate about his hometown of wheeling and he's a passionate defender of those northern pan handlers, which what i am as well. he's passionate about the men and women who have worked to power our nation and the solutions to our future. but there is another component to david's public service and his life that we must stop and recognize, and that is his beloved wife mary. mary has truly been a partner to david and his work to make west virginia stronger and healthier. mary received her masters of

science degree in muster -- nursing from west virginia university and had has an exceptional career as a nurse at ohio valley medical center and is the director of education and professional development at the ohio valley health services and education corporation in wheeling. but you know what? mary has a national presence as well. mary was national president of the american association of critical care nurses. she epitomizes west virginia's warmth and friendliness, and we thank her for her service to our state as well. as i reflect on congressman mckinley's federal work and accomplishments, perhaps no other area has seep -- seep his trademark tireless devotion than protecting and promoting the hard work and values embodied by our west virginia coal miners. david has fought tooth and nail for our coal miners' livelihoods, for their health care, for their ability to power this nation that sometimes

gets taken for granted when we look at the sacrifices that they have made. as david turns the chapter, turns the page on this chapter of his life, i am sure this is not the last that we will hear from him. i certainly hope not. in retirement, david and mary will be able to enjoy time spent with their four children and six grandchildren. with david's time in congress coming to a close, his thoughtful approach to problems and his fearless advocacy on behalf of west virginians will be missed in this town, will be missed in our country, but certainly can never be erased from our state and our country's history. but his contributions and the example he set will continue to stay with us always. i admire david's tenacity and decisiveness. you really never have to wonder what david mckinley thinks on a certain topic. i like that. i like that. for that, we should all be

grateful, and i know that i and west virginians are certainly grateful. so, david, thank you for your service. i know he's not coming back into town until tomorrow, but i wanted to get this on the record. the dimps that you have made -- the difference that you have made in our state that we both love and the friendship and counsel that you have provided me over the years is much appreciated. so when i see david and we have a conversation and he sends me on my way, he has a trademark saying that he always says to me. so i'm going to say it back to him today. david, i'll say this to you -- go get eff m, -- go get em, kid, and with that, i yield back. a senator: mr. president. the presiding officer: the senator from louisiana. candidates -- kennedy --.

mr. kennedy: mr. president, i want to talk for a few minutes about medicare. if i'm on medicare and i go to my physician for an earache, and my physician treats me hopefully successfully, my physician then does not turn around and send a bill to medicare that says for services rendered for an earache. what my physician does is fill out a form that has a bunch of codes on it, and my physician fills out the form with the code for an earache. what does that mean? that means that when that form with the code for an earache goes to washington, the

administrators at medicare look up the code for an earache and they know then how much they're going to pay my physician for treating an earache. now, as you can imagine, there are thousands of codes, literally thousands of codes because there are thousands of diagnoses for which our citizens on medicare treat, seek treatment every year. so every year medicare puts out a fee schedule. and this is just a schedule listing all of the codes for all the different illnesses that doctors who treat medicare

patients bill for. and this code -- these codes, this fee schedule is used to reimburse doctors and hospitals. well, of course it's not as simple as that and the way that the codes are put together and the fee schedule is put together are not exactly a model of clarity. and we need to do better and hopefully some day we will do better, but at the moment we have to deal with the reality as it is. now, in setting a code or how much medicare's going to pay my doctor for treating my earache under medicare and in putting together the fee schedule, which is put together by the centers for medicare and medicaid services. i'll just refer to it as

medicare. medicare takes into all kind of factors into consideration in deciding how much to pay my doctor for an earache. medicare looks at things like the diagnosis, of course. medicare will pay less for an earache than for heart surgery. medicare looks at the procedure the doctor had to use. medicare looks at the location. if i go to my doctor in baton rouge where my primary care physician is located, the cost of living in baton rouge is lower than the cost of living in new york. so the fee for an earache is going to be that's paid to medicare by my baton rouge physician is going to be lower than paid to a physician in new york. the fee schedule looks at time and expenses of the doctor.

the fee schedule that medicare puts together looks at things like the cost of maintaining a practice, rent, supplies, support personnel. the fee schedule tries to take into consideration the cost of medical malpractice. so the -- the point is that a doctor treating me in baton rouge for an earache will not receive the same fee that a doctor, for example, in new york will receive for treating a patient there under medicare for an earache. but every year medicare gets -- gets together and they put together -- send out a new fee schedule, and it's a very complicated process. and that process is complicated by the fact of what we call

budget neutrality. under current law, the centers for medicare and medicaid services are -- or medicare as i've been calling it is required to make budget neutrality adjustments to the payment schedule, and the technical definition, i'll read it to you and then i'll explain it. medicare is required to make medicare physician payment schedule adjustments whenever changes in relative value units generates a payment increase or decrease of $200 million. i told you it was complicated. what does that mean? that means that medicare is statutorily required, required by congress to maintain budget neutrality. and this means that as certain codes increase in value in order

to maintain budget neutrality, medicare has to reduce payment for other codes. it is -- budget neutrality is also much more complicated than i just explained it, but those are the basic rudiments. now here's the problem. the centers for medicare and medicaid services, cms or medicare, as i've been referring to it, has just released their 2023 physician fee schedule. the new fee schedule has come out. and because of the formula and because of the budget neutrality requirement, cms is proposing, or medicare is proposing a 4.5%

across the board reduction in medicare payments. so every payment is going to be cut 4.5% across the board. well, it gets even more difficult. due to the $1.9 trillion deficit increase caused by the american rescue plan and under our budget rules, paygo sequestration is going to be triggered by the american rescue plan and that will require an additional 4.5% reduction across the board in payments to physicians and hospitals. so unless we do something, every physician that treats a patient who is on medicare, it doesn't matter what for, is going to be paid 8.5% less in the middle of

a raging inflation, in the middle of not only doctor shortages, staff shortages as well. now, this is not the first time we've had this problem. we had it last year and we had it the year before. we solved it then, but we need to solve it today. and you do not have to be a senior at cal tech to figure out that if you cut physician fees for every different diagnosis for which americans seek treatment by a medicare physician by 8.5%, physicians are going to have to either make it up somewhere or stop seeing medicare patients. so all of a sudden your doctor, under medicare, is not taking

anymore medicare patients. we don't want that. not tone that, but the medicare fee schedule is looked to by private insurance companies when they determine how much to pay physicians under their insurance plans. that's the problem. here is what my bill would do to solve it. my bill would keep -- would freeze the current fee schedule. my -- in this sense, not per se, but indirectly. my bill would keep physician reimbursement levels at -- reimbursement at existing levels so the amount that doctors are paid today for that earache would be the same next year. my bill would pause the pay go

cuts -- paygo cuts until 2024. so, in effect, my bill would prevent next year an 8.5% reduction across the board to physician fees. now, i know what you're thinking, mr. president. you're thinking, well, you know, i've heard speeches by kennedy before about controlling the cost of spending in government and the rate of growth. so here he is suggesting that we spend more, and it's true that this bill would replace the fee schedule cuts by adding money to the medicare budget. the paygo cuts would just be postponed. but i have a pay for. i'm not asking this congress just to add spending and to go

borrow the money and put us further in debt. i have a way to pay for it. as you know, we sent, we meaning the united states congress, sent a lot of money to our health care delivery system during covid to help patients -- rather help physicians and hospitals deal with our health care crisis. we sent a lot of that money through what's called the provider relief fund. these are dollars that were sent out to the doctors and the hospitals to help them get through the covid pandemic. our doctors and hospitals didn't use all that money. they've returned some of it, believe it or not. as of february of this year, a few months ago, they have

returned $9.8 billion, and i suspect by now they have returned, as best as we can tell from cbo, about $15 billion. so we have $15 billion in our health care budget that's not -- that is not accounted for in terms of -- of how it would be spent. my bill would cost $2.25 billion. i would propose, mr. president, that we pay for that $2.25 billion and take it out of what i believe is the $15 billion pot of money that was returned to the provider relief fund. so i have a problem, i have a solution, and i have a way to pay for it without -- without us

having to spend money we don't have and thereby borrowing. so, mr. president, as if in legislative session, i ask unanimous consent that the finance committee be discharged from further consideration of s. 5194. and let me stop just for a moment, mr. president. we have to solve this problem. we're going to solve this problem. we solved it last year and we solved it the year before. nobody in this body wants to throw people off medicare. now, we're having trouble putting together a budget. i don't know how that movie's going to end. it may end with an omnibus, it may end with a continuing resolution where we'll wait for a new congress, but we need to

solve this problem now and not make it contingent on an omnibus and not make it con tinge contingent -- con -- it contingent on a continuing resolution. we need to solve it now on medicare. that's what my bill does. we can continue to fight over the budget. we can continue to fight over the c.r., but we're going to solve this problem today with a pay for with my bill. so i repeat, as if in legislative session, i ask unanimous consent that the finance committee be discharged from further consideration of s. 5194 and the senate proceed to its immediate consideration, and i further ask the bill be considered and read a third time and passed and the motion to reconsider be considered made and laid upon the table. the presiding officer: is there any objection? wynne wynne reserving -- mr. wyden: reserving the right to object, mr. president.

the presiding officer: the senator from oregon. mr. wyden: mr. president, let me say to our colleague from louisiana that i very much agree with much of the statement he has given. i have been interested in these sensible policies with respect to providers since the days when i was codirector of the oregon gray panthers, so our colleague from louisiana is talking about important issues. as chair of the finance committee, i can say that nobody on either side wants to see financial hardship for health care providers or disruption to the health care system. this is particularly important when you've got covid, what looks like a god-awful flu, an rsv crisis filling up the doctors and hospitals and waiting rooms nationwide.

what i can tell my colleague from louisiana is on both sides of the aisle on the finance committee, democrats and republicans have put in some long hours -- long hours discussing solutions to these payment-physician issues -- these physician-payment issues with our colleagues in the house, again, both sides and the administration. our discussions include other critical health care issues. for example, i think my colleague knows, senator crapo and i have been very focused on mental health health care, making it easier for americans to get mental health care web they need it. we are especially proud that the bipartisanship is paying off, as our colleague may know senator crapo and i got four major provisions, four, into the

commonsense gun safety law. everything from helping kids on medicaid, behavioral health, our colleague senator stabenow. so we believe strongly in writing black-letter law on a bipartisan basis. now, the reason i'm taking the time to put this into context, it's very important that our bipartisan discussions on a year-end health care package continue. time is obviously short. i'm just coming off two red-eye flights to oregon in the last four days, and i want my colleague to know, again, i appreciate much of what he has said, come to the floor and say senator kennedy is horrible? quite the contrary. i think he has good ideas here. time is tight, and i'm confident there is a bipartisan agreement around the corner.

i do say to my colleague, passing this proposal now, in my view, would make this process that we are part of, senator crapo and i, talking to the administration, talking to the house and doing all the things that my colleague has got a lot of experience on, passing this proposal now would make it harder to reach a bipartisan agreement on physician payments, mental health, a variety of other key kinds of issues. so, i will just say, with the understanding, a., that my colleague has raised important points, and b., that members on both sides are working towards a shared goal on this issue. mr. president, i object. the presiding officer: the objection is heard. mr. kennedy: mr. president. the presiding officer: the senator from louisiana.

mr. kennedy: mr. president, i certainly appreciate my good friend, senator wyden's comments, and i hope we get -- i hope he gets some sleep off of that red-eye flight. i'm just going to repeat what i, quickly, what i said before. i hope we can put together -- we can't solve this problem without passing a bill. i don't know if we're going to be able to pass a bill, any kind of bill. hopefully, we'll be able, before we go home for christmas and before this congress ends, we'll be able to do the national defense authorization act, which i think we're going to do this week. there will be some people objecting to the ndaa. i know that. and it will slow it down. but after they object, and they get to be dramatic for a little while, we'll come back and pass the bill. and thin we will decide -- and

then we will decide whether to do an omnibus or whether we're going to do a continuing resolution and wait for the new congress. but in order to solve this problem, we have got to do something now, and there are millions of americans out there that are looking at an 8.5% cut to medicare. when we have an 8% inflation. that's a 16-point swing. and those millions of people are not just physicians or nurses. they're patients who depend on medicare for life and death. so, i hope that the chairman of finance, who is whip smart, will consider my proposal. it would postpone the paygo cuts

of 4%, and it would freeze the current fee schedule. if we don't, if the new fee schedule goes into effect, we're going to have another 4.5%. that's where i get the 8.5%. and it would pay for it. it wouldn't increase debt at all. we pay for it very simply, as i explained. we pay for it out of the $15 billion in the provider relief fund. and if our finance committee doesn't like that pass a pay-for, ron, i've got another one. you can pay for it out of the medicare improvement fund. it's got $7.3 billion in it. now, that's $24 billion we've got to solve a $2 2.5 billion

problem, so the elderly in our country can sleep tonight. so i hope my esteemed colleague will take this into consideration, and i know that he will pr. mr. president -- i know that he will. mr. president? the presiding officer: the gentleman from louisiana. mr. kennedy: mr. president, i want to talk for a minute about another subject. flood insurance. it doesn't do any good to offer flood insurance if people can't afford it, and that's what fema is doing right now. we all know that -- or most people know, that you can't buy flood insurance really in the private market. i mean, you can, but for the most part you can't. and if your house floods and

you've got homeowner's insurance, don't make the mistake of thinking your homeowner's insurance covers it, because it doesn't. you've got to go buy special flood insurance. and we've had this problem for a while, and the federal government addressed it by creating the national flood insurance program. we call it, as you know, mr. president, nfip. about five million people, who wouldn't be insured for flood otherwise, are members of the national flood insurance program. they don't get it for free. they pay for the flood insurance, and they pay dearly. my state, louisiana, has 5,000 people, out of five million, who depend on the national flood insurance program. we in louisiana have the highest participation rate in the country, bar none. and despite what some people may

think, my people who are buying flood insurance, they're not multimillionaires. they're working people. they're people who get up every day and go to work, and they obey the law, and they pay their taxes. they try to do the right thing by their children. they live paycheck to paycheck. these aren't multimillionaires paying for this flood insurance. and they're not paying for the flood insurance on mansions on the beach. we don't have those in louisiana. these are working people. now, for my people, and for most americans who carry flood insurance, their home is their biggest investment. it's the biggest investment they'll ever make. it's the most money they'll ever spend at one time. and so they want to protect their investment. and they need flood insurance to do that. and we in the federal government solved the problem when we created the national flood

insurance program. now, last year fema, which is under the executive branch, of course, we all know what fema is, fema rolled out the most significant change in history in the way the national flood insurance program calculates the cost of flood insurance. the most important change in history. and they didn't ask congress for our input. they just did it. they went out and hired a consultant who created a new algorithm. and this algorithm supposedly, says fema, can see the future. it can look out 35 years and tell whether your home's going to flood. and when it's going to flood.

and they can not only look at a particular area, they say this algorithm is so good that it can look at your specific property and tell whether it's going to flood, and assess the risk. man! i want a dozen of those. fema calls this risk rating 2.0. there's just one problem -- fema won't tell any of us in the united states congress, much less the american people, how this algorithm works. i asked them to give me the algorithm and i would pay, at my expense, at my expense, to have somebody evaluate it. fema said if i showed it to you, kennedy, i'd have to kill you. they won't show it to us. but yet, when i asked them about

it, i've asked them in committees, fema says risk rating 2.0 -- that's what they call it -- they say it's fair, and they say it's based on the value of your home and the unique flood risk for that property. once again, man, fema is clairvoyant. this algorithm is awesome. they can look out 35 years. they just won't tell us who you they do it. there is no transparency on risk rating 2.0. people have absolutely no idea, members of the united states congress have no idea, how this algorithm works and lou they come up -- and how they come up with a specific price for every home in america. i'll tell you what we do know, all the prices have gone up. let me give you an example. in louisiana we have a lot of levees. some of these levees are paid for with american taxpayer money, and we're grateful to our neighbors and america for

helping us out. but a lot of those levees in louisiana are paid for by louisiana citizens. we have asked, how does this algorithm, in raising these prices, take into effect -- or take into account the levees? are we getting credit for our levees? and they say, sure. and i say, can you show me? and they say, if i showed you, i'd have to kill you. this is a secret algorithm. no transparency. none. now, in the past, fema has always recognized levees and their importance, and they say they're doing it now under risk rating 2.0. but they won't show us how. and our levees work. our levees work. last year we had a number of storms. we had one that came through new orleans. we have a levee system around new orleans. it held. thank you, american taxpayer. but we don't know how fema takes

that into account. they say they do. they say trust us. you know, every now and then, i play poker with friends, and they're all good friends. i trust them. but you know what -- every time i play poker, every hand, i cut the cards. it's not a matter of friendship or trust. that's just the way it's supposed to be, transparency. now, this isn't just my opinion. there was an interview in the "times picayune" mr. dwayne bourgeois. he knows what he's talking about. he's the executive director of the north fiduch drainage district in louisiana. he's an expert on floodwaters and levees this is what he said about risk rating 2.0 -- i just can't figure out why some people get this minimum result, and these other people get the maximum result.

i can't tell you what the secret sauce is to get to that rate. the reason he can't is because fema will not tell us what the secret sauce is. what's the effect of this secret sauce? fema says it's going to make everything fairer. i know this much -- it's going to make everything more expensive. according to fema's estimates, 80% of the people who have flood insurance and have to have flood insurance in louisiana, in part because the mortgage company requires it, are going to see their rates go up. the likely average full-risk premium for a home in louisiana under this new secret sauce is $1700. under the old system it was $766. that's 122% increase because of this algorithm, this secret

sauce, which fema will not let us see. my people can't afford this, mr. president. and the reality is people are already dropping flood insurance. they're saying, we just can't pay for it. something's got to give. we've got inflation at 8%. my rent's gone up. food's gone up. gas has -- we just can't afford it. the number of flood insurance policies in eight of my parishes parishes -- in eight of my parishes, or counties, the number of policies dropped from 290,000 in october of 2021 to 267,000 in november of 2022, a -- and it's fallen. that's almost 23,000 people out of eight parishes or counties who have had to give up their

flood insurance. it's not just louisiana, mr. president. you may be having the problem in california. the associated press estimates that one million fewer americans can afford to buy flood insurance by the end of the decade because of their algorithm, their secret sauce and ene news identified 4,425 policy holders across the country that have discontinued coverage. what does that mean for each state? for example, cancellations of the flood insurance because they can't afford it, 11% of the people of california who are buying flood insurance can't afford it. they dropped it. 11% of the policy holders in texas, 9.6%, in virginia, north carolina, south carolina, and georgia, 8%. this is a disaster waiting to happen, mr. president. and i'm all for a fair system, but i'm -- i'll tell you what

i'm not for. i'm not for having a federal agency, without consulting the united states congress, without talking to you, mr. president, about your policy holders in california or me in louisiana, without explaining to us how wee doing it -- we're doing it, just unilaterally raising prices with their algorithm or secret sauces, senators cassidy, issued and gillibrand and i have a bill. all we're asking fema to do is talk to us and tell us how they're coming up with these rate increases. the american people pay the salary of the people at fema. and my people and your people, mr. president, deserve to know how their policies are being priced. and, mr. president, --

mr. president biden if you are listening, i hope you will pick up the phone and you will call your fema director. for him i have great respect. i don't hate anybody. but i hope the president will call the fema director here and ask him what planet he para chuted in from and what -- parachuted in from and what is he thinking with charging the american people these prices. thank you, mr. president. i notice the absence of a quorum. the presiding officer: will the senator withhold his request? mr. kennedy: i will, mr. president. the presiding officer: thank you. under the previous order, the nomination. is there a sufficient second?

there appears to be. the clerk will call the roll. vote:

vote:

vote:

vote:

the presiding officer: on this vote, the ayes are 65, the nays are 31 and the nomination is confirmed. under the previous order, the motion to reconsider is considered made and laid upon the table, and the president will be immediately notified of the senate's action. under the previous order, the senate stands in recess until

nominees. as will the government spending to. current funding runs out this friday at midnight. members return here on c-span2. >> c-span is your unfiltered view of government. we are funded by these television companies and more including charter communications. >> broadband is a force for empowerment. that's why charter has invested billions building infrastructure, upgrading technology, empowering opportunity in communities big and small. charter is connecting us. >> charter communications supports c-span i a public service along with these other television providers giving you a front-row seat to democracy.

>> up next president biden's comments on newly released labor department report showing inflation rose less than expected in november. he was joined by white house economic adviser cecilia rouse and brian deese. this is just under ten minutes. >> [inaudible conversations] >> good morning. this morning we received some welcome news in my view and most economists on the economic front. there's some optimism from the holiday season and i would argue for the year ahead and we learned last month inflation rate came down, down more than