[Congressional Record Volume 166, Number 164 (Tuesday, September 22, 2020)]
[Senate]
[Pages S5790-S5791]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION

      By Mr. SCHUMER (for himself, Mrs. Murray, Mr. Van Hollen, Ms. 
        Baldwin, Mr. Schatz, Mr. Blumenthal, Mrs. Feinstein, Mr. Casey, 
        Mr. Merkley, Mrs. Gillibrand, Mrs. Shaheen, Mr. Reed, Mr. 
        Murphy, Mr. Brown, Mr. Peters, Mr. Markey, Ms. Warren, Mr. 
        Menendez, Mr. Durbin, Ms. Smith, Ms. Duckworth, Mr. Kaine, Ms. 
        Rosen, Ms. Hirono, Mr. Leahy, Mr. Cardin, Mr. Whitehouse, Ms. 
        Cortez Masto, Ms. Klobuchar, Ms. Stabenow, Mr. Heinrich, Mr. 
        Wyden, Ms. Cantwell, and Mr. Sanders):
  S. 4638. A bill to preserve and promote integrity in scientific 
decision-making at the Department of Health and Human Services; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4638

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Science and Transparency 
     Over Politics Act''.

     SEC. 2. INVESTIGATION OF POLITICAL INTERFERENCE WITH 
                   DECISIONS OF SCIENTIFIC AGENCIES OF HHS.

       (a) Appointment of the Task Force.--
       (1) In general.--The Pandemic Response Accountability 
     Committee established under section 15010 of the Coronavirus 
     Aid, Relief, and Economic Security Act (Public Law 116-136), 
     shall appoint, not later than 1 month after the date of 
     enactment of this Act, the Task Force of the Pandemic 
     Response Accountability Committee (referred to in this 
     section as the ``Task Force''), which shall consist of 5 
     members of the Pandemic Response Accountability Committee.
       (2) Qualifications.--The members of the Task Force shall 
     have expertise in conducting independent audits, evaluations, 
     and investigations.
       (b) Investigations and Reports.--The Task Force shall--
       (1) conduct an investigation of political interference with 
     decisions made by scientific agencies of the Department of 
     Health and Human Services during the time period described in 
     subsection (f); and
       (2) not later than January 31, 2021, and every 6 months 
     thereafter, until the date that is 6 months after the end of 
     the time period described in subsection (f), submit a report 
     of the findings of such investigation to the Committees on 
     Health, Education, Labor, and Pensions and Homeland Security 
     and Governmental Affairs of the Senate and the Committees on 
     Energy and Commerce and Oversight and Reform of the House of 
     Representatives.
       (c) Considerations.--In conducting the investigation under 
     subsection (b), the Task Force shall consider--
       (1) emails and other records of communications, including--
       (A) communications between the White House, the Department 
     of Health and Human Services, and scientific agencies of the 
     Department of Health and Human Services; and
       (B) communications between political appointees, career 
     staff, and contractors within scientific agencies of the 
     Department of Health and Human Services;
       (2) initial, subsequent, and final drafts of scientific 
     publications or communications, in order to assess changes 
     made by scientific agencies of the Department of Health and 
     Human Services as a result of political interference; and
       (3) other information, as the Task Force determines 
     appropriate.
       (d) Obstruction of Investigation.--The Task Force shall 
     notify, in writing, the Committees on Health, Education, 
     Labor, and Pensions and Homeland Security and Governmental 
     Affairs of the Senate; the Committees on Energy and Commerce 
     and Oversight and Reform of the House of Representatives; and 
     the Pandemic Response Accountability Committee of any 
     obstruction, prevention, or delay of information or 
     communication requested pursuant to the investigation under 
     subsection (b), not later than 30 days after the Task Force 
     first requested the information or communication. The 
     notification shall include--
       (1) a description of the information or communication 
     sought;
       (2) the date on which such information or communication was 
     first requested;
       (3) the date of any subsequent effort to obtain the 
     information or communication; and
       (4) a summary of any response from the person from which 
     the information or communication was requested, including any 
     explanation by that person of why the requested information 
     or communication is not being provided.
       (e) Definition.--For purposes of this section, the term 
     ``political interference with decisions made by scientific 
     agencies of the Health and Human Services'' includes any 
     significant action by the executive branch of the Federal 
     Government to--
       (1) pressure the Food and Drug Administration to reach a 
     certain outcome related to a drug, device, or biological 
     product for the diagnosis, cure, mitigation, treatment, or 
     prevention of COVID-19;
       (2) pressure such agency to make a decision related to a 
     drug, device, or biological product for the diagnosis, cure, 
     mitigation, treatment, or prevention of COVID-19 within a 
     certain timeframe;
       (3) prevent such agency from taking an action related to a 
     drug, device, or biological product for the diagnosis, cure, 
     mitigation, treatment, or prevention of COVID-19, or from 
     taking such action within a particular timeframe;
       (4) make a decision for the Food and Drug Administration 
     related to a drug, device, or biological product for the 
     diagnosis, cure, mitigation, treatment, or prevention of 
     COVID-19 that the Food and Drug Administration would make 
     itself in the ordinary course;
       (5) pressure the Centers for Disease Control and Prevention 
     or any other scientific agency of the Department of Health 
     and Human Services to release, withhold, or modify public 
     health guidance, data, information, or publications related 
     to COVID-19 in a manner that is inconsistent with the 
     conclusion reached by the relevant senior career scientists;
       (6) provide a grant, cooperative agreement, award, or other 
     Federal support through a scientific agency of the Department 
     of Health and Human Services for an entity or endeavor 
     related to COVID-19 for reasons other than strengthening the 
     Nation's COVID-19 response, including with respect to 
     reducing morbidity and mortality related to COVID-19; or
       (7) otherwise influence decisions by scientific agencies of 
     the Department of Health and Human Services in a manner that 
     is inconsistent with strengthening the Nation's COVID-19 
     response, including with respect to reducing morbidity and 
     mortality related to COVID-19.
       (f) Time Period.--The time period described in this 
     subsection is the period beginning on the effective date of 
     the public health emergency declared by the Secretary of 
     Health and Human Services under section 319 of the Public 
     Health Service Act (42 U.S.C. 247d) on January 31, 2020, with 
     respect to COVID-19, and ending on the last day of such 
     public health emergency.
       (g) Clarification.--Nothing in this section shall prevent 
     the Task Force from releasing any information before January 
     31, 2021, or before a full report is complete, if the Task 
     Force determines that the release of such information is in 
     the public interest.
       (h) Funding.--To carry out this section, there are 
     authorized to be appropriated $25,000,000 for the period of 
     fiscal years 2021 and 2022.
                                 ______
                                 
      By Mr. COTTON:
  S. 4648. A bill to amend the Controlled Substances Act to list 
isotonitazene as a schedule I controlled substance; to the Committee on 
the Judiciary.
  Mr. COTTON. Mr. President, we are facing momentous issues in the 
Senate and in Washington and in our Nation.
  Today, we are debating a spending bill to keep the government funded 
past the end of this month. There are ongoing negotiations to help 
provide additional relief to those most affected by the coronavirus.
  With the sad news of the passing of Justice Ruth Bader Ginsburg, 
there is now a Supreme Court vacancy as well.
  As momentous as these issues are, we ought not miss what is happening 
on the streets of America, though, as too many in Washington missed for 
years as Americans were dying by the thousands as a result of the 
opioid epidemic that hit this country, from prescription pills to 
heroin, to synthetic opioids like fentanyl.
  Now, in recent years, Washington has gotten the news, and we have 
taken action to try to stem the tide of drug overdoses around our 
country.
  But the fight continues, so I want to call the Senate and the 
Nation's attention to a new threat: isotonitazene. It is harder to 
pronounce than fentanyl, but it is equally deadly. It will kill you in 
a heartbeat, and it also comes from China. Reports of iso--as this 
hard-to-pronounce drug is often called on the street--are still 
scattered.
  A shipment was seized in Canada early last year. Now it has been 
popping up in Europe, in countries as far flung as Belgium, Estonia, 
Germany, Latvia, Sweden, and the United Kingdom, and, at about the same 
time, iso has found its way to America as well. It has turned up in 
both pill and powder form, seemingly shipped in concentrated, small 
quantities that escape detection too often. Once it is here, it is 
usually cut with other drugs, like heroin and cocaine, to make them 
more powerful and much more deadly.
  An unsuspecting drug user can inject a tainted dose or take a 
counterfeit

[[Page S5791]]

prescription pill and be dead within minutes. Iso is just like fentanyl 
in that regard.
  According to the Drug Enforcement Agency, iso is confirmed to have 
killed at least 18 Americans in 4 different States and has been 
encountered in at least 48 confirmed incidents across 9 States.
  However, it has likely killed many more. We don't know for sure 
because tests for iso still are not widely available, given its 
novelty, and overdose deaths due to a cocktail of iso mixed with 
heroin, cocaine, or other drugs may be inadvertently attributed only to 
the known substance.
  What we do know is that iso is just the latest weapon that the 
Chinese drug dealers are using in their opium war against America. 
First, they developed designer fentanyl analogs, which have killed--and 
continue to kill--Americans by the thousands.
  However, we have taken strong action against fentanyl. Last year, we 
passed my legislation, the Fentanyl Sanctions Act, to punish Chinese 
drug dealers, and the President--equally important--pressured China's 
leader to crack down on underground drug labs in their own country, 
which sent nine fentanyl smugglers to prison.
  These efforts have made a difference, but the fight is not over. 
China's drug dealers have developed a new poison to send to America.
  Iso has no recognized medical or industrial use. It is nothing more 
and nothing less than a way to profit off of addiction and death. These 
Chinese drug dealers want iso to be the new fentanyl, so we have to 
take strong action to make sure they fail before more Americans are 
killed.
  The DEA has already taken swift action by classifying iso as a 
schedule I controlled substance, its most restrictive classification. 
But this is only a temporary measure that will last 2 years, at most.
  Congress should, therefore, act to ensure iso stays on that list for 
good. That is why I am introducing legislation to permanently classify 
iso as a schedule I controlled substance. This will ensure iso receives 
the strictest regulations under our drug laws, and it will help our 
brave drug enforcement agents keep this deadly drug off of our streets.
  Furthermore, I call upon the leaders of the Chinese Communist Party 
to crack down on the production of iso in the Chinese mainland. If the 
leaders of the party wish to reduce tensions, if they wish to improve 
relations, they ought not to allow their own criminals to manufacture 
drugs with no legitimate purpose specifically designed for smuggling 
into America to poison our citizens.
  I urge my colleagues and the administration to join in this effort to 
stop iso before it spreads even further. This drug has already killed 
too many of our fellow citizens. We need to stop it before it kills 
even more.
                                 ______
                                 
      By Mr. SCHUMER:
  S. 4653. A bill to protect the healthcare of hundreds of millions of 
people of the United States and prevent efforts of the Department of 
Justice to advocate courts to strike down the Patient Protection and 
Affordable Care Act; read the first time.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4653

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PROHIBITING DOJ EFFORTS TO ADVOCATE COURTS TO 
                   STRIKE DOWN PATIENT PROTECTION AND AFFORDABLE 
                   CARE ACT.

       The Department of Justice may not in any case, including in 
     California v. Texas, No. 19-840 (U.S. cert. granted Mar. 2, 
     2020), advocate that a court invalidate any provision of the 
     Patient Protection and Affordable Care Act (Public Law 111-
     148; 124 Stat. 119) or any amendment made by that Act.
                                 ______
                                 
      By Ms. HIRONO:
  S. 4656. A bill to amend title 38, United States Code, to provide for 
a reduction in certain loan fees for certain veterans affected by major 
disasters; to the Committee on Veterans' Affairs.
  Ms. HIRONO. M. President, in 2018, Hawaii's Kilauea Volcano erupted, 
destroying upwards of 700 homes, including a home purchased by a 
veteran using the VA Home Loan Guaranty Program. When this veteran went 
to replace the home he had lost by once again using the Home Loan 
Guaranty Program, he found that he would be forced to pay significantly 
higher fees for using the program a second time.
  Our Nation's veterans should not be penalized for losing their homes 
to natural disasters and it is for this reason that I come to the floor 
today to introduce the Veteran Home Loan Disaster Recovery Act of 2020.
  Congress has established a variety of programs in pursuit of both 
thanking our Nation's veterans and ensuring that they are able to live 
comfortable lives after their service has ended. One of these programs 
is the VA Home Loan Guaranty program, which provides eligible veterans 
the opportunity to access mortgages backed by the Department of 
Veterans Affairs. Under the program the VA guarantees a portion of a 
home loan from a private lender allowing the veteran borrower to 
receive favorable mortgage terms.
  Participants in this program are required to pay a funding fee in 
place of closing cost and that fee increases based on various factors, 
including whether this is a veteran's first time using the program or 
if they have previously had a VA Home Loan. For those who have used the 
loan before, the fee is higher, regardless of the circumstances that 
led to their needing to purchase a home through the program, including 
if their previous home was destroyed by a natural disaster.
  The Veteran Home Loan Disaster Recovery Act of 2020 would exempt 
program participants from the subsequent loan funding fee increase if 
they lost their first home to a natural disaster, allowing them to 
access a lower rate as if they were a first-time participant in the 
program.
  According to the Federal Emergency Management Agency (FEMA), in 2019, 
there were 101 Presidentially-declared disasters across the Nation. So 
far in 2020, there have been 92 major disaster declarations alone. 
Right now, wildfires rage in different parts of the Nation, and we are 
in the midst of hurricane season in both the Atlantic and Pacific 
Oceans.
  As we continue to experience raging wildfires, volcanic eruptions, 
and massive hurricanes, it is critical that we ensure that we work to 
limit the ripple effects from these disasters. Giving veterans the 
ability to replace homes lost through no fault of their own is one step 
in that direction.

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