Providing for Congressional Disapproval Under Chapter 8 of Title United States Code, of the Rule Submitted By the Centers for Medicare Medicaid Services Relating to ``Medicare and Medicaid Programs; Omnibus Covid-19 Health Care Staff Vaccination''

Floor Speech

Date: March 2, 2022
Location: Washington, DC

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Mr. GRASSLEY. Mr. President, I come to the floor to ask a unanimous consent request, and I am going to state the reasons for that before I ask for the request. And I appreciate my friend from New Jersey coming over to help me at this particular time.

So, today, the issue is fentanyl. Today's vote on this bill, as amended, should be a yes for every Member of the Senate. This measure extends the lifesaving authority placing fentanyl drugs in schedule I. In fact, a 15-month extension of this authority similar to the bill that I offer right now passed the Senate, and it passed the Senate unanimously in 2020.

In case that you have not read the headlines for the past few years, fentanyl and its analogs are killing tens of thousands of Americans each year, and it happens that fentanyl and analogs are now the No. 1 cause of death for Americans ages 18 to 45, the most productive years of a person's life.

The Drug Enforcement Administration placed fentanyl and analogs on schedule I in the year 2018. Congress has already extended this authority like I am seeking today five times in 4 years. Now, we are on the verge of extending it for a sixth time before it expires on March 11.

During the Biden administration, these reauthorizations have gotten shorter and yet shorter. The periods of extension have been as short as just a few weeks. This has created constant doubt about whether fentanyl scheduling will even continue.

I have received calls from families of people who have overdosed on fentanyl. I have received calls from law enforcement seeking our help for them to enforce the law. For the last 10 months, these families and these law enforcement people have been in terror that this authority will disappear, that thousands then would die from the fentanyl overdoses.

We have extended fentanyl scheduling five times in 4 years, but four have been in the last 10 months alone. While extensions preserve a lifesaving authority, this kind of legislation by extension is neither sustainable nor reflective of the great gravity of keeping fentanyl drugs in schedule I. A permanently scheduled solution is the best answer; but, unfortunately, a permanent scheduling action isn't feasible right now.

Now, why would that be the case? Because some members of Congress don't support keeping fentanyl analogs in schedule I--or maybe at all. Some reject our criminal drug laws altogether. That seems unbelievable, but that is what I sense from some of my colleagues. Fortunately, this is a fringe opinion and not very representative of the majority of Congress. Republicans and Democrats alike have voiced support for permanently scheduling fentanyl analogs, including even President Biden. But until Congress agrees on a bipartisan and a permanent solution, we must maintain the authority by extension.

For years, I have been leading the fight to extend this authority in hopes of finding a permanent solution. I have urged Leader Schumer to support measures that extend fentanyl scheduling as long as possible. I have asked President Biden to engage with bipartisan congressional leaders on a permanent solution. And I have requested that Chairman Durbin hold a hearing on this issue in the Judiciary Committee. All these requests have obviously gone unanswered and ignored, or I wouldn't be here today asking for unanimous consent.

Scheduling fentanyl analogs matters. And why does it matter? It can save lives. Congress has the power. Congress has the responsibility to act. So we ought to do that in just a few minutes. But we can't make meaningful bipartisan change unless we have enough time to do it.

So let's pass a long-term extension and finally then lead the way to a permanent solution.

45, S. 1216; further, that the Grassley amendment at the desk be considered and agreed to; that the bill, as amended, be considered read a third time and passed; and the motion to reconsider be considered made and laid upon the table with no intervening action or debate.

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Mr. GRASSLEY. Mr. President, I would like to have just a short rebuttal.

I thank my friend for his kind remarks about me as I know that he and I have worked together on a lot of pieces of legislation.

I want to express my disappointment that my bill to extend fentanyl scheduling by 14 months cannot proceed at this point, but I won't back down from trying to extend this authority in a meaningful and long-term way.

There is more than one way to advance this bill. Today's vote is just one of those ways. Like history shows us, this authority can be included in funding legislation or move as a bipartisan, unanimous bill. I will continue my efforts for its inclusion in the upcoming omnibus appropriations bill, and I urge my colleagues to support it.

Unless the Senator from New Jersey has something to say, I would like to proceed on another issue.

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Mr. GRASSLEY. Mr. President, there are 192 nations on the face of this globe. Not one of those 192 nations, including Ukraine, is a threat to Russia. Regardless, the Russian military is continuing to wage a full-scale war on the nation and the people of Ukraine.

I am not sure of the reasons because I don't know Putin. The highest I have been in the leadership of Russia was, once or twice in my life, when having a meeting with Mr. Lavrov, the Foreign Minister. I think, when it comes to Putin, he has got to satisfy his ego or he is sick or maybe both.

The Ukrainian military and civilians are fighting for their homes. Obviously, they want to be an independent nation. They have our moral support and even some of our weapons, and they probably need a lot more help from the United States, short of putting troops in that country. I wish we had gotten them more defensive weapons before this invasion, but I still think there is more that we can do.

I am an original cosponsor of the NYET bill. ``Nyet'' is the word for ``no'' in Russian. This legislation that goes by this acronym, the NYET Act, literally says no to Russian aggression, with tough, targeted support for Ukrainian resistance efforts, even if that turns into a guerilla war, and there are a number of other bills to crush the Putin regime.

Russia, as we know, is a major oil and gas producer, so Putin's actions are hurting not just Ukrainian and Russian citizens but Americans as well. Just think of the $1 or more increase in the price of gasoline we are paying today compared to 1 year ago. This situation comes at the same time Americans across the country are already paying more for gas than at any time since 2014. That number comes from AAA data.

Last night, I was encouraged to hear President Biden pledge to ``use every tool at our disposal'' to limit gas price hikes after he imposed sanctions on Russia. It is time for Congress and the White House to rethink policies that threaten our energy independence and, at the same time, our national security.

That is why already this week I have helped to introduce the American Energy Independence Act with Senator Hawley, which would reverse the President's shutdown of the energy sector and return it to full production so that we will have energy independence like we had until 12 months ago.

Last night, the President talked about buying American products. Yet it seems like oil and natural gas--very major components of our economy--were excluded from his rhetoric. When it comes to oil, the United States imports nearly 700,000 barrels of oil a day from Russia. That is why I introduced legislation yesterday with Senator Marshall that would ban purchases of Russian oil.

I am also backing a new bill by Senator Rubio to make American oil companies sever ties with Russian state-owned oil and gas companies as many of these companies already have done.

I support harsh sanctions that hit Putin where it really hurts him. In turn, you will affect the entirety of the Russian people, who are innocent of this dictator's running of their country, all the harm he is causing them right now. But we ought to free the world from a Russian energy blackmail and keep gas affordable here at home with American-produced energy.

Some of my colleagues are looking to lower prices at the gas pump by pushing for a gas tax freeze. That would be a very short-term, unsustainable move that would blow a hole in the highway trust fund.

Instead, I hope colleagues on both sides of the aisle can work with the President to reverse decisions that have increased the price of domestic fuel production.

You remember, on the first day in office, President Biden decided to shut down the Keystone Pipeline. President Biden should restart and expedite that pipeline.

Also, in January 2021, President Biden issued an Executive order pausing new oil and gas leases on public lands and Federal waters.

In July 2021, the Interior Department halted all oil drilling on leased land within the Arctic National Wildlife Refuge.

Now, take all these actions. They signal to capital investors that the heavy hand of the Federal Government will work against fossil fuel investments at every turn. You know, you read about bank regulators all the time, discouraging banks from making loans to energy fossil fuels. This hostile regulatory environment has crippled investment in fossil fuels, which, in turn, is the reason we have the high price of gasoline.

Instead of more redtape, the President and Congress should work to cut regulations and Federal permitting that slow down, and has slowed down, domestic energy production.

We were, as you know, energy independent 12 months ago. Now, we are energy dependent. We have the President begging OPEC and Russia to ship us more oil.

Policies that encourage investments in fossil fuel production will increase domestic production, and the result would be lower gas prices, just like we can look back at the last 12 months, and all the action that has been taken has driven up the price of gasoline.

But instead of focusing on domestic energy independence last fall, as I have already referred to, President Biden instead asked OPEC to pump more oil. The OPEC cartel, of course, did not honor that request.

In 2000, when he was a Senator, now-President Biden acknowledged that anticompetitive behavior from OPEC harms American consumers and called on President Clinton to consider legal action against OPEC. OPEC is an organization which blatantly colludes to raise the price of oil.

I have introduced the bipartisan bill entitled No Oil Producing and Exporting Cartels--it goes by the acronym NOPEC--which would allow the Department of Justice to hold OPEC accountable for its anticompetitive behaviors that artificially inflate global oil prices. I ask again for President Biden to publicly support the passage of NOPEC and work with Congress to pass this legislation into law.

Besides focusing on fossil fuels, we know that ethanol makes up 10 percent of the gas sold in the United States. When oil prices are high, it gives higher blends of ethanol a clear competitive advantage.

Historically, gas prices gradually rise in the spring and peak late summer when people are driving more frequently. But last fall, the Supreme Court rejected EPA's regulation allowing year-round E15 sales. Congress must move quickly to ensure that E15 can be sold this summer. E15 is a cleaner, higher-octane type of gasoline that contains more homegrown ethanol and less petroleum.

Both biodiesel and ethanol are proven domestic supplies of fuel that enhance our energy independence and, at the same time, lower greenhouse gas emissions.

Domestic biofuel producers are ready to step up and to give consumers lower gas prices that increase our national security and provide jobs in the heartland--good-paying jobs.

Most Americans do not care where the oil was produced when they fill up their gas tanks. They just want to fill up their gas tanks without taking out a loan to do it. But when conflict occurs in oil-producing regions around the world, Americans quickly realize the importance of your gas being a mix of West Texas crude and Iowa ethanol.

In just over a year, we can see how the United States is losing energy independence. Instead of focusing on domestic fuel production, the President and his administration have caved to the most radical environmentalists in shaping our energy policy. It is time to reverse course.

I am taking the President at his word when he said in the State of the Union Address last night that he wants to use every tool at his disposal to limit gas price hikes. So I have just given several ways that we can use every tool that the President is talking about. And, of course, it is time to get to work.

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