Richard Durbin

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Oregon (Mr. Merkley), and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. Mr. President, the hardest job in America during the pandemic certainly fell on the shoulders of our healthcare heroes. We owe a great debt of gratitude to the sacrifice and integrity they showed during this challenge. But I want to add another category and that would be the category of parents, particularly of newborn infants during the pandemic. They have dealt with school closures and COVID lockdowns, rising prices at the checkout counter, and for parents with kids under the age of 5, the wait for COVID vaccine has been excruciating. Now parents throughout the country are facing another burden--of all things--the availability and cost of infant formula. Since the beginning of this year, the supply of infant formula in America has been reduced by nearly half--half. The obvious question is, Why? In February, the Food and Drug Administration discovered that Abbott's Michigan factory, which produces Similac, a well-known infant formula to many parents, may have been the source of a bacteria outbreak. That outbreak sent four infants to the hospital. Tragically, it claimed the lives of two. As a result, the factory in Michigan was shut down. That shutdown and larger supply chain issues has caused a shortage and caused panic among many families. At this very moment, parents are frantically scouring the internet for formula, driving for hours from store to store, and paying obscene prices to shady sellers exploiting this desperate situation. Some of the parents in Illinois have written to me. One of them is Jennifer Sendeski from Deer Park, IL. Eight months ago, she gave birth to her son. In her words, it was a moment of ``sheer joy, love and excitement.'' Soon after she gave birth, Jennifer joined millions of other women in supplementing her son's diet with formula. Jennifer wrote to me that ``in the last several months we have been fighting an uphill battle to find formula . . . what would have once cost . . . $13 for 12 [ounce] can of powdered formula now sells for $40 . . . if you can find it on the shelves.'' Jennifer describes her struggle to find that formula as a ``nightmare.'' She is not alone. Another mother named Jennifer, who lives in Lake Zurich, IL, said the formula shortage is ``becoming dire,'' in her words. Sadly, these moms are right. The shortage is dire. That is why I am grateful that the President has sprung into action trying to help these parents and families. Two days ago, the administration completed its first shipment of more than 75,000 pounds of imported formula as part of Operation Fly Formula, enough for more than half a million bottles. The second shipment is expected in a few days. As these shipments reach American shores, President Biden has also invoked the Defense Production Act, an authority he has under the law to ramp up domestic production. This could help to eliminate supply chain bottlenecks and compel manufacturers to prioritize the production of infant formula. It is hard to think of anything that would be a higher priority. Both of these steps are crucial, but in the meantime, if you are a parent struggling to find formula, the Department of Health and Human Services has a website you should visit, HHS.gov/formula. That is HHS.gov/formula. It identifies companies and healthcare providers, food banks, and other resources that have supplies available. Let me say it again: HHS.gov/formula. Additionally, last week, President Biden signed the Access to Baby Formula Act into law. It allows parents to purchase more infant formula through WIC, which provides nutritional support for low-income families, and I believe I read that half the babies in America count on WIC. Finally, the Food and Drug Administration is working to maximize formula production as well--in particular, the production of specialized formulas, like hypoallergenic formula, for infants with specific health needs. The FDA also has entered into an agreement with Abbott to get its Michigan factory back in business. That is the largest infant formula factory in the country. We need to get it reopened safely and quickly. As long as the company meets critical safety standards, we want them in production. But let's be clear: This disastrous situation could have been averted if the FDA was not chronically understaffed and underfunded. At the time Abbott's factory was shut down, try to guess how many Federal employees had the responsibility for the oversight of this life-and- death industry. The answer: nine. Nine people within FDA were responsible for the oversight of infant formula, nine workers monitoring a $3.5 billion industry that directly impacts millions of American families. These workers are spread way too thin, and here is why that is a problem: When a safety issue arises, it can take months for the FDA to launch an investigation. That is exactly what happened at Abbott's plant in Michigan. The FDA received a complaint about that factory's production last October, but they didn't physically inspect the plant until January of this year. FDA does essential work with limited resources, but it cannot serve the needs of the American consumers and families on a thin budget. If we want to truly protect the safety and well-being of families and kids, we need to step up in Congress. The House of Representatives did it last week. House lawmakers passed Congresswoman Rosa DeLauro's legislation to provide $28 million in additional funding to help the FDA resolve the formula shortage and to prevent the next one. This legislation is a no-brainer from my point of view, and that is why it is puzzling that 190 Republican Congress men and women voted against it. They voted against giving money to the FDA to get the infant formula back safely into the homes of American families and to prevent any healthcare and safety issue in the future, and 190 Republicans said: No, I don't want to spend that money. That is right, the party that often claims to be so pro-family voted against legislation to help parents feed their families, feed their babies, and provide parents with the peace of mind that their formula is safe. Now, I am sure my Republican colleagues will keep coming to the floor this week to express outrage over the infant formula shortage, but as you listen to what they say, also watch how they vote. If they are serious about protecting kids and families, it is time to vote that way. Congresswoman DeLauro's legislation puts us on the right path. I hope the Senate joins the House in passing it soon. While we are at it, let's also recognize the challenges that were facing working families long before the formula shortage and even before the pandemic. Congress has waited far too long to provide the support working families need to thrive. So let's extend the enhanced child tax credit. Let's provide paid parental leave. Let's offer postpartum health coverage to all new moms. Let's help parents afford the cost of high- quality education. I think those measures are critical, and they are pro-family. We have the power to make America the best place in the world to raise a family. We are not quite there. Instead of denying families the freedom to choose when and how to raise a child, I have a different proposal for my colleagues on both sides of the aisle: Let's invest in the health and potential of every family in America. I yield the floor. I suggest the absence of a quorum.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Oregon (Mr. Merkley), the Senator from Washington (Mrs. Murray), and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Oregon (Mr. Merkley) and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN. I announce that the Senator from Oregon (Mr. Merkley), the Senator from Washington (Mrs. Murray), and the Senator from Maryland (Mr. Van Hollen), are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Oregon (Mr. Merkley), the Senator from Maryland (Mr. Van Hollen), and the Senator from Virginia (Mr. Warner) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Oregon (Mr. Merkley) and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Oregon (Mr. Merkley) and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Nevada (Ms. Rosen) and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Nevada (Ms. Rosen) and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Nevada (Ms. Rosen) and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. Mr. President, the majority leader reminds us of the tragedy that occurred in Buffalo over the weekend and how the shooter was somehow captivated by the notion of replacement theory--a theory which is so insane and so mean-spirited that it ignores what this country is all about. A few minutes ago, over at what they call the House swamp, we held a press conference. Senator Alex Padilla of California, myself, Congresswoman Ross, and Congressman Bera met with a group of young people. There were about 50 of them. Some were high school age; some were in college. They are the sons and daughters of people who came to the United States on H-1B visas. These are visas where people are allowed to come here for a period of years and work, and the visas can be renewed. Children and families who accompany them are growing up in America, living in America, while the breadwinner goes off to work each day, but the clock is ticking. When the kids of these visa holders reach the age of 21, they are subject to self-deportation. In other words, they have no legal rights in America to remain. The reason that they are in suspense for so long is that the green card backlog can be decades while the parents are waiting for permission to become legal in the United States on a permanent basis. So these young people live in uncertainty. Senator Padilla's bill is an effort--and I join with him in that bill--an effort to give them the opportunity to earn their way to citizenship, to become legal in America. Why would we give up this talent? These young people have grown up in America. They have been successful in school. They have participated in community activities. They are ready to be part of America's future, I can tell. One young woman got up there and told the story of how she came to California with her parents under similar circumstances. She now is completing her Ph.D. in biochemistry at Cornell University. She wants to go into cancer research. Is America better if we force her to leave this country at this point? She doesn't think so. She thinks she can make this a better nation and better world if she can stay in America. The folks who are so dead set against immigration ought to just pause for a moment and meet the people we are talking about, the people who are coming into this country, taking the jobs which Americans don't want to take, doing things which Americans aspire to but don't achieve, and many other aspects of our life that are really enriched by their presence. So I would urge my colleagues to support us in this bipartisan effort for this bill. But I would also urge them to step back and make it clear, the ``replacement theory'' is an insane approach to America. It ignores our history; it ignores our future; and it ignores the reality of our economy today.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Nevada (Ms. Rosen) and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. Mr. President, this week, the Senate will consider three outstanding nominees to the Federal district courts. All three nominees are eminently qualified for the Federal bench and have the character and judicial temperament to serve with distinction. The nominees likewise represent important progress in ensuring that the Federal judiciary reflects the nation it serves. First is Jennifer Rochon, who has been nominated to serve on the U.S. District Court for the Southern District of New York. Today, Ms. Rochon serves as the first general counsel of the Girl Scouts of the United States of America, a role she first assumed in 2013. She provides guidance, strategic insight, and legal counsel on a wide range of issues, and she also advises the Girl Scouts' board of directors on their fiduciary duties. Prior to joining the organization, Ms. Rochon was a partner at Kramer Levin Naftalis & Frankel LLP and a general commercial litigator, experience that will serve her well on the district court. Notably, she was also elected by Kramer Levin's partnership to be the first woman to serve on the firm's executive committee. Over the course of her career, Ms. Rochon has advocated for gender equality and the advancement of women in the legal profession. She is yet another example of President Biden's commitment to a professionally diverse, exceptionally qualified judiciary, and I know she will serve the Southern District of New York well. Ms. Rochon has the strong support of her home State Senators, Mr. Schumer and Mrs. Gillibrand, and she was unanimously rated ``Well Qualified'' by the American Bar Association. Given the depth of her experience and her demonstrated prowess in the law, I am proud to support Ms. Rochon's nomination, and I encourage my colleagues to do the same. Our next nominee is Judge Trina Thompson. With 14 years as a trial litigator and over 21 years of service to the Alameda County Superior Court, Judge Thompson is unquestionably qualified to serve as a Federal district court judge. She began her legal career as an assistant public defender at the Alameda County Public Defender's Office, where she tried over 35 cases as sole counsel over the course of 4 years. She then spent 10 years as a criminal defense solo practitioner, trying over 30 additional cases as sole counsel and another eight cases as cocounsel. Back in 2000, the Alameda County Superior Court Judges appointed Judge Thompson to serve as a juvenile court commissioner on the Dependency and Delinquency Court. Just 2 years later, she was elected as an Alameda County Superior Court Judge, a role she continues to hold to this day. Throughout her 22 years of judicial service, Judge Thompson has presided over 150 criminal jury trials, thousands of hearings, and hundreds of criminal and civil bench trials. With her incredible depth of trial experience on and off the bench, it is no surprise that this Bay Area native, who earned both her A.B. and her J.D. from the University of California at Berkeley, has the strong support of her home State Senators, Mrs. Feinstein and Mr. Padilla. It is also no wonder that the American Bar Association unanimously rated Judge Thompson as ``Well Qualified.'' The decades of trial litigation and judicial experience that Judge Thomas has accumulated will be an immense asset to the Northern District of California, which has a number of vacancies that urgently need to be filled by qualified judges. I strongly urge my colleagues to join me in supporting her confirmation. Finally, the Senate will vote on Judge Sunshine Sykes, who has been nominated to serve on the U.S. District Court for the Central District of California. Judge Sykes is an experienced litigator and jurist with a long record of unbiased decision-making. She attended Stanford University and Stanford Law School before beginning her legal career with a focus on civil litigation and juvenile dependency cases. She served as a staff attorney for California Indian Legal Services; worked for the juvenile defense panel in Murrieta, CA; and served as a deputy county counsel in Riverside County. In 2013, Sykes was appointed to serve as a California Superior Court judge. As a member of the Navajo Nation, she was the first Native American individual to sit on the Riverside Superior Court. During her time as a Superior Court judge, she has presided over more than 90 cases that have gone to verdict or judgment and over thousands of additional hearings. Judge Sykes has the strong support of Senator Feinstein and Senator Padilla, and she was unanimously rated ``Well Qualified'' by the American Bar Association. If confirmed, she will be the first Native American article III judge to serve in California. Her record on the bench is deeply impressive, and she will continue to administer justice in a thoughtful, evenhanded manner as a district court judge. I will vote to confirm her to the Central District of California. I hope my colleagues join me in doing the same.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. Markey), the Senator from Nevada (Ms. Rosen), and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Nevada (Ms. Rosen) and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Menendez), the Senator from Nevada (Ms. Rosen), and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Nevada (Ms. Rosen) and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DURBIN

Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Maryland (Mr. Van Hollen) is necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Nevada (Mr. Rosen) and the Senator from Maryland (Ms. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Nevada (Ms. Rosen) and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Nevada (Ms. Rosen) and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. Madam President, let me join the majority leader in best wishes to our colleague Chris Van Hollen. It came as a surprise this morning, but we are heartened by the news that he is recovering, and we hope he will be back with us very, very soon. He is a wonderful Senator, who is representing his State effectively, and he is very close to Members on both sides of the aisle. So we wish him and his family all the strength and recovery as quickly as he can. Gun Violence Madam President, this was another weekend of bloodshed and loss in America. In Chicago, five people were shot dead, including a 16-year-old boy-- killed near ``The Bean,'' which those of us in Chicago know automatically as that sight in Millennium Park where people race to gather and take photographs. It is one of the most popular attractions in our city, and just this last weekend, it was the scene of a murder, with one teenager killing another. In California yesterday, a gunman walked into a church and opened fire, killing one person and critically wounding four others. That same afternoon, another gunman opened fire at a flea market in Houston, killing two and injuring three. A weekend in America. But both of these mass shootings happened less than 24 hours after a White supremacist massacred innocent shoppers at a grocery store in Buffalo, NY. The shooter was wearing tactical gear and carrying an AR- 15 assault rifle--a weapon designed to kill people. He shot 13 people, 11 of whom were Black, in an act of racist violence; 10 of the victims died. Each of these 10 people had left home Saturday, maybe to grab dinner or to buy groceries for the week, and they never returned. Now their families are facing the unimaginable trauma of loss. In an instant, they lost a grandparent, a child, a spouse. To those families, I say: You do not grieve alone. America grieves with you. One of the victims was Aaron Salter. He was a retired police officer who was working as a security guard at the grocery store when it was attacked. Officer Aaron Salter was a hero. When the gunman entered the store, Officer Salter didn't flinch; he leapt into action to save the lives of the shoppers and employees, but there was only so much he could do. He was armed with a handgun while the person who attacked the store was wearing a tactical vest and firing an assault rifle. Like so many of our police who risk their lives for us every day, Officer Salter was outgunned. As we mourn Officer Salter's loss this week, our Nation's Capital is welcoming law enforcement from across the country for Police Week. To every officer who protects our communities like Officer Salter did so valiantly, we give our thanks. No officers should ever find themselves in a situation where they are outgunned by an assailant, but that is exactly what happened in Buffalo this weekend, and it happens far too often in cities like Chicago. For decades, this Senate has failed to pass legislation that would close the gaping holes in our gun laws and reduce the shootings that tear apart law enforcement families and families of all kinds across the country. How many more lives will be lost before we act? When will the Members of the Senate finally join together in recognizing the role that White supremacy and White nationalism have played in fueling these violent terrorist attacks? Time and again, I have made my position on violent extremism as clear as I can: The use of violence to advance political goals is always-- always--unacceptable. No matter the ideology, right or left, it is wrong, but we need to be clear-eyed about the nature of the threat that we face. Senior law enforcement and intelligence officials have warned us on numerous occasions that the biggest terrorism threat in America today is homegrown. It stems from White supremacists and violent militia extremists. I have been sounding this alarm for years. In 2012--2012--10 years ago--I first held a hearing on domestic terrorism after a White supremacist murdered seven Sikh worshippers in Oak Creek, WI. Today, a decade later, the threat is even worse. FBI Director Wray testified at the Judiciary Committee that the threat of domestic terrorism is ``metastasizing across the country''; and last year, the FBI reported that our Nation experienced the highest level of hate crimes in over a decade. These attacks have targeted Black Americans, who have long been the target of the majority of race- based hate crimes in America, but they are not limited to just our Black American neighbors. They have also targeted Muslim Americans, Japanese Americans, members of the AAPI community, and members of other marginalized communities as well. They don't happen in a vacuum, and it is clear that influential figures on the right have been fanning the flames of hate. The gunman who attacked the grocery store in Buffalo was an adherent of the great replacement theory--a conspiracy theory that fuels White supremacy and White nationalism. It is the same White supremacist conspiracy theory that inspired those neo-Nazis to march through Charlottesville, VA, chanting: ``Jews will not replace us.'' You will remember that group. President Trump said at the time that he wasn't sure that they were out of line. They have inspired multiple mass shootings, including the attack of Jewish Americans at a Pittsburgh synagogue in 2018, on Hispanic Americans at a Walmart in El Paso in 2019, and on Muslims at two New Zealand mosques in 2019 as well. This once-fringe conspiracy theory--this so-called great replacement theory--has been dragged into the mainstream by media personalities like FOX TV's Tucker Carlson. According to The New York Times, more than 400 episodes--400 episodes--of Tucker Carlson's news program on FOX TV, which attracts more viewers than any other show in the history of cable news, have alluded to the great replacement theory. Tucker Carlson is a leading ideologue in the White supremacist movement. He has even introduced racist terminology into America's conversation, like the phrase ``legacy Americans,'' which refers to the idea that immigrants aren't real Americans. The phrase was first used on White supremacist forums and websites. Tucker Carlson is right at home with it. But here is what is the most shocking to me: the number of elected officials who will jump at any chance to get featured on Carlson's show and echo his White supremacist blather--his dark gospel of fear and hate and racism. We don't have to look far to find those elected officials. The third-ranking House Republican claimed in a campaign ad that Democratic immigration policies ``will overthrow our current electorate.'' What will it finally take for the Republican Party to condemn this hate once and for all, and what will it take for Members of the Senate to join together in rooting out White supremacist violence? As chairman of the Senate Judiciary Committee, I will soon hold a hearing on domestic terrorism, and the ideologies like the great replacement conspiracy theory that inspired the acts of hate will be expounded on at that hearing by experts. We will also examine a piece of legislation that I introduced 5 years ago, the Domestic Terrorism Prevention Act, which would strengthen Federal efforts to prevent and address White supremacist violence and other forms of domestic terrorism. This legislation is an opportunity for the Members of the Senate to stand united against hate. By passing it, along with commonsense gun safety measures, we can finally address the scourge of hate and violence that has claimed far too many American lives. Many Americans will be tuned in this week to Tucker Carlson's show to see if he has any reaction to what happened in Buffalo. Could it be that, for one shining moment, he will finally realize his complicity in what happened after 400 shows of spewing fear and hate and in subscribing to this great replacement theory, resulting in hatred across this country which is visited on communities every single day? Ten people died in Buffalo. Will Tucker Carlson take 10 minutes to say he is sorry for any role he might have played in that outcome? We will see. I yield the floor.