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Congressional Record, Senate, May 7, 2020 — Veto Message on S.J. Res. 68

Summary

Page S2299 of the Congressional Record for Thursday, May 7, 2020, Volume 166, No. 86, headed Veto Message on S.J. Res. The House was not in session, with its next meeting set for May 8, 2020 at 10 a.m., and the Senate met at 10 a.m. with a prayer from the Chaplain, Dr. Barry C. Black. Mr. Grassley describes his Iowa offices in Cedar Rapids, Council Bluffs, Davenport and Des Moines and says staff are in the trenches helping Iowans through the pandemic. A cloture motion is presented, and a speaker applauds Johns Hopkins for its reliable information.

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“Congressional Record, Senate, May 7, 2020 — Veto Message on S.J. Res. 68.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-07-crec-2020-05-07-pt1-pgs2299-9-27ec3138ca/, SHA-256 fc23e4b04aa9ee44fe329b5b9e88f1b909315cc1b56b2889ffa74062f8a6eebf.

Full text

                                                                                               Congressional Record
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                                                                                                                                                                   116 th CONGRESS, SECOND SESSION
                                                United States
                                                 of America                                     PROCEEDINGS AND DEBATES OF THE


                                             Vol. 166                                                           WASHINGTON, THURSDAY, MAY 7, 2020                                                                    No. 86


                                                                                            House of Representatives
                                                                                      The House was not in session today. Its next meeting will be held on Friday, May 8, 2020, at 10 a.m.




                                                                                                                                     Senate
                                                                                                                                  THURSDAY, MAY 7, 2020

                                               The Senate met at 10 a.m. and was                                            The PRESIDING OFFICER. Without                         As always, they are in the trenches
                                             called to order by the President pro                                         objection, it is so ordered.                           during this pandemic, working to help
                                             tempore (Mr. GRASSLEY).                                                                        f                                    Iowans get through this and get
                                                                                       f                                                                                         through it together.
                                                                                                                                       CORONAVIRUS                                 I yield the floor.
                                                             PRAYER                                                         Mr. GRASSLEY. Madam President,                                          f
                                               The Chaplain, Dr. Barry C. Black, of-                                      my Iowa offices are located in Cedar
                                                                                                                          Rapids, Council Bluffs, Davenport, Des                   RESERVATION OF LEADER TIME
                                             fered the following prayer:
                                                                                                                          Moines, Sioux City, and Waterloo. My                     The PRESIDING OFFICER. Under
                                               Let us pray.
                                                                                                                          State staff serves as my eyes and ears                 the previous order, the leadership time
                                               Eternal Master, You are our strength
                                                                                                                          in communities from one side of the                    is reserved.
                                             and song. We find sustenance in Your
                                                                                                                          State to the other. From the Mis-                                         f
                                             might and joy in Your creation. We
                                                                                                                          sissippi to the Missouri Rivers, my
                                             praise You for the beauty of the Earth                                                                                                   CONCLUSION OF MORNING
                                                                                                                          staff has their fingers on the pulse of
                                             and the glories of the Heavens that                                                                                                                BUSINESS
                                                                                                                          Iowans, and this pandemic is no excep-
                                             bring blessings to our earthly pilgrim-                                                                                               The PRESIDING OFFICER. Morning
                                                                                                                          tion. They are working tirelessly to
                                             age.                                                                                                                                business is closed.
                                                                                                                          troubleshoot problems Iowans are fac-
                                               Today, guide our lawmakers with                                                                                                                      f
                                                                                                                          ing related to the public health emer-
                                             Your glorious wisdom and the great-
                                                                                                                          gency and the economic fallout. No                               LEGISLATIVE SESSION
                                             ness of Your majesty. Fulfill Your pur-                                      matter the concern, the problem, or
                                             poses for their lives as You order their                                     circumstance that is affecting a farm,
                                             steps. Show them such unfailing love                                         a business, school, or local hospital,                 DIRECTING       THE    REMOVAL        OF
                                             that they will walk before You in                                            my staff is on the ground ready to help.                 UNITED STATES ARMED FORCES
                                             wholehearted devotion.                                                         In the early weeks of the pandemic,                    FROM       HOSTILITIES      AGAINST
                                               Lord, place Your healing hands upon                                        they helped troubleshoot issues for                      THE ISLAMIC REPUBLIC OF IRAN
                                             our Nation and world, delivering us                                          Iowans who were overseas to get them                     THAT HAVE NOT BEEN AUTHOR-
                                             from this global health crisis.                                              back home to the United States. One                      IZED BY CONGRESS—VETO—Re-
                                               We pray in Your powerful Name.                                             example: In Peru, several young people                   sumed
                                             Amen.                                                                        were stranded and wanted to come                         The PRESIDING OFFICER. Under
                                                                                       f                                  home. They didn’t get them home very                   the previous order, the Senate will re-
                                                                                                                          fast, but they are home now.                           sume consideration of the veto message
                                                  PLEDGE OF ALLEGIANCE                                                      Since Congress passed the CARES
                                                                                                                                                                                 on S.J. Res. 68, which the clerk will re-
                                               The President pro tempore led the                                          Act, my staff has answered countless
                                                                                                                                                                                 port.
                                             Pledge of Allegiance, as follows:                                            questions from Iowans about the Pay-                     The senior assistant legislative clerk
                                               I pledge allegiance to the Flag of the                                     check Protection Program, economic                     read as follows:
                                             United States of America, and to the Repub-                                  injury disaster loans, and economic im-                  Veto message, a joint resolution (S.J. Res.
                                             lic for which it stands, one nation under God,                               pact payments. Whatever the question                   68) to direct the removal of United States
                                             indivisible, with liberty and justice for all.                               or redtape may be, my staff goes the                   Armed Forces from hostilities against the Is-
                                               The PRESIDING OFFICER (Mrs.                                                extra mile to serve Iowans. They do                    lamic Republic of Iran that have not been
                                             HYDE-SMITH). The Senator from Iowa.                                          whatever it takes to track down an an-                 authorized by Congress.
                                               Mr. GRASSLEY. Madam President, I                                           swer and help make government work                            RECOGNITION OF THE MAJORITY LEADER
                                             ask unanimous consent to speak in                                            for the people as the government                         The PRESIDING OFFICER. The ma-
                                             morning business for 90 seconds.                                             should work for the people.                            jority leader is recognized.




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                                                                     ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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                                             S2300                                             CONGRESSIONAL RECORD — SENATE                                                             May 7, 2020
                                                               CORONAVIRUS                           thorities in the Foreign Intelligence                 about our relationship with the Chi-
                                               Mr. MCCONNELL. Madam President,                       Surveillance Act. The House-passed                    nese Communist Party.
                                             the United States is battling the worst                 legislation we will take up is not a                    I expect the Senate will soon look to
                                             pandemic in 100 years. Our Nation has                   blanket reauthorization of FISA; it is a              pass Senator RUBIO’s Uyghur Human
                                             poured unprecedented resources into                     careful update designed to provide                    Rights Policy Act, a bipartisan bill
                                             defending    Americans’     health   and                greater accountability for the way                    that will bring more attention to the
                                             blunting the damage to our economy.                     these authorities are exercised. It will              plight of this mistreated minority and
                                               The Senate will continue to work on                   increase transparency in the FISA                     urge the President to use targeted
                                             this front. We will find more ways to                   process and respond to the shameful                   sanctions against those responsible for
                                             keep strengthening our healthcare re-                   abuses of 2016 while preserving the                   the repression.
                                             sponse and pivot the Nation toward re-                  toolbox that professionals use to de-                   While we and our allies already saw
                                             covery. That will include strong legal                  fend us. I hope the Senate will pass it               the risks from letting critical supply
                                             protections to defend healthcare work-                  next week, free of amendments that                    chains become too dependent on China,
                                             ers, small businesses, and other insti-                 would jeopardize important tools to                   the Chinese Communist Party’s recent
                                             tutions against the trial lawyer feeding                keep America safe.                                    behavior has certainly hammered this
                                             frenzy as they work hard to keep serv-                                         CHINA
                                                                                                                                                           home. I am confident that we here in
                                             ing their neighbors.                                      Madam President, there is the mat-                  Washington will be examining these
                                                                    FISA                             ter of the People’s Republic of China.                strategic vulnerabilities as well.
                                               But, Madam President, amid the pan-                                                                           We will be looking for the best ways
                                                                                                     This coronavirus pandemic originated
                                             demic, we cannot lose sight of the                                                                            to strengthen our dynamic and innova-
                                                                                                     in China. Whether the virus escaped
                                             other threats we still face as well. The                                                                      tive private sector, keep America on
                                                                                                     from a lab or was transmitted at a so-
                                             challenges that we faced before COVID–                                                                        the cutting edge, and work closely with
                                                                                                     called wet market, we do not yet know
                                             19 began to spread from Wuhan, China,                                                                         friends who share our values and inter-
                                                                                                     for sure, but China’s Communist Party
                                                                                                                                                           ests to build a fairer, more resilient
                                             are still with us today, alongside this                 leaders probably do know, and they
                                                                                                                                                           international market.
                                             awful virus. There are terror cells, hos-               owe it to all the nations suffering from                Notice that China is not retrenching
                                             tile foreign intelligence services, and                 this virus to be truthful and to be                   or drawing back within its borders—
                                             adversaries all over the world who                      transparent. The world deserves the                   quite the opposite.
                                             would love nothing more than for the                    facts—all of the facts.                                 So if we want to preserve a world
                                             United     States    to   apply     social                Here is one fact we do know: The                    built on our democratic values and
                                             distancing to our presence on the world                 virus spread was exacerbated by Chi-                  principles, if we want to protect Amer-
                                             stage as well.                                          na’s unconscionable efforts to cover it               ican workers, American interests, and
                                               Iran has not let popular unrest, a                    up. The Communist Party reprimanded                   American national security, all of
                                             mismanaged economy, or COVID–19                         and threatened to jail Dr. Li Wenliang,               these things will take more global
                                             slow their meddling, from Yemen to                      the heroic whistleblower who tried to                 leadership and more coordination with
                                             the Mediterranean. Tehran and its                       warn the world about COVID–19 and                     our allies, not less.
                                             proxies are undermining the sov-                        later died from it. Within hours of his                 Tomorrow, May 8, is the 75th anni-
                                             ereignty of Iraq and Lebanon, aiding                    death, by the way, a wave of outrage                  versary of VE Day. If we ever needed a
                                             and abetting Assad’s mass murder in                     over CCP’s treatment of Dr. Li spread                 reminder that American strength is a
                                             Syria, sowing regional unrest, threat-                  on Chinese social media until the gov-                force for good in the world, there it is.
                                             ening Israel, and targeting American                    ernment censored that as well.                        Thanks to the tireless work of our col-
                                             troops and our interests.                                 At the peak of the outbreak, the Chi-               league, Senator PAT ROBERTS, tomor-
                                               A regime that chooses to spend its                    nese Communist Party was reportedly                   row was meant to be the dedication of
                                             scant resources on exporting violence                   welding its own people inside their own               the new Eisenhower Memorial. It has
                                             or a so-called space program does not                   houses. And today, you better believe                 been postponed due to the virus. It al-
                                             need relief from sanctions. We must                     the party commissars are training                     most seems fitting that 75 years after
                                             maintain the measure of deterrence we                   their sights on the Chinese survivors,                World War II, the celebration of Presi-
                                             restored with the decisive strike on                    activists, and lawyers who dare to seek               dent Eisenhower would be delayed by a
                                             Soleimani. That starts today with up-                   the truth.                                            global crisis that will take American
                                             holding the President’s rightful veto of                  Outside the borders, China’s leaders                strength and American leadership to
                                             a misguided War Powers Resolution.                      seem to think they could either charm,                resolve. He certainly knew something
                                               Meanwhile, in apparent repudiation                    cajole, or threaten the world into sub-               about that kind of situation.
                                             of the Trump administration’s efforts                   mission. They supposedly donated med-                   Now, as then, the American people do
                                             to help end the civil war in Afghani-                   ical supplies to foreign countries that               not want to retreat from the world, and
                                             stan, Taliban attacks against the coun-                 quickly proved faulty and unusable.                   they do not want to see us slide into
                                             try’s government and its people have                    They threatened to boycott Australian                 second place. They want us to be smart
                                             actually spiked. ISIS, al-Qaida, and                    beef. They even threatened to cut off                 and strong and safe, and they want the
                                             Haqqani terrorists continue to operate                  pharmaceutical exports to the United                  United States of America to lead.
                                             from Afghan territory.                                  States so that we would be ‘‘plunged                    I suggest the absence of a quorum.
                                               Over in Moscow, Putin’s regime con-                   into the mighty sea of coronavirus.’’                   The PRESIDING OFFICER. The
                                             tinues to threaten American interests                     It is galling but not surprising. This              clerk will call the roll.
                                             along with international security—                      is the same authoritarian regime that                   The senior assistant legislative clerk
                                             from bullying incursions in the free                    brutalized the Uighur people in mod-                  proceeded to call the roll.
                                             states it used to rule, to influence-ped-               ern-day gulags and that has spent                       Mr. SCHUMER. Madam President, I
                                             dling and mercenary adventurism in                      years cheating its way through inter-                 ask unanimous consent that the order
                                             the power vacuums of Syria and Libya,                   national commerce and stealing indus-                 for the quorum call be rescinded.
                                             to spreading disinformation and under-                  trial secrets.                                          The PRESIDING OFFICER. Without
                                             mining democracies all across the                         Now it is exploiting the global pan-                objection, it is so ordered.
                                             globe.                                                  demic it helped exacerbate to further                         RECOGNITION OF THE MINORITY LEADER
                                               Russian intelligence is not alone in                  its crackdown on Hong Kong. A few                      The PRESIDING OFFICER.                  The
                                             targeting America. China’s efforts to                   weeks ago, the government arrested                    Democratic leader is recognized.
                                             steal government industry secrets are                   peaceful democracy activists, including                                   CORONAVIRUS
                                             unmatched.                                              my old friend of almost three decades,                  Mr. SCHUMER. Madam President,




dlhill on DSK120RN23PROD with SENATE
                                               Countering these kinds of hostile ac-                 Martin Lee. I suppose they thought the                tomorrow, the Bureau of Labor will
                                             tivities is a key job of our intelligence               rest of the world might be too dis-                   publish its monthly jobs report for
                                             community, and so is stopping ter-                      tracted to notice. They were mistaken.                April. Some experts are projecting that
                                             rorist attacks against our homeland.                      Alongside our friends and partners                  it could show well over 20 million job
                                               So next week, the Senate will turn                    around the world, the United States is                losses in the past 4 weeks. The prelimi-
                                             back to reauthorizing the critical au-                  going to be asking tough questions                    nary report today suggests that there



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                                             May 7, 2020                                       CONGRESSIONAL RECORD — SENATE                                                                S2301
                                             will be over 30 million newly unem-                     asked for a simple bill to pass that                  keep big businesses from folding, but
                                             ployed Americans over the past 7                        would require accountability in PPP,                  all of a sudden they are worried about
                                             weeks. That is a tenth—1 out of 10 peo-                 and it was blocked by the majority. So                it when we are talking about families
                                             ple—losing their job. A tenth of our                    this is just amazing.                                 keeping the roofs over their heads and
                                             population.                                               There has been large support in Con-                putting food on the table. We need a
                                                We are looking at what seems to be                   gress to stabilize the big financial mar-             fourth congressional relief bill that
                                             the worst economic crisis since the                     kets, support larger industries, and                  mirrors the size and ambition of our
                                             Great Depression. Small businesses                      keep capital markets from crashing.                   previous relief efforts. Working people
                                             have shuttered. Some larger businesses                  There will be $4 trillion available when              and truly small businesses are taking
                                             have filed for bankruptcy. Millions of                  the Fed and Treasury are through with                 the blunt effects of this crisis on the
                                             workers, through no fault of their own,                 it. We must do the same, if not more,                 chin, and we cannot—cannot—and
                                             are being laid off or furloughed or are                 for average people—workers, families.                 must not leave them behind.
                                             losing their paychecks. They are wor-                   The contrast is glaring. The contrast is                Now, there are plenty of things the
                                             ried about keeping their homes, feed-                   glaring.                                              Federal Government can do in the in-
                                             ing their kids, accessing healthcare.                     Larger companies know they have a                   terim, even before another round of
                                                Once this crisis is over, we can’t snap              floor. The big markets know they have                 legislation in Congress. I want to men-
                                             our fingers and have everything return                  a floor. An unemployed worker has no                  tion one idea this morning. There are
                                             to normal. Twenty to 30 million newly                   floor until we do things for them like                many more.
                                             unemployed Americans will not imme-                     we did for pandemic unemployment in-                    Several big, publicly traded compa-
                                             diately return to their old jobs. Hope-                 surance.                                              nies that have received small business
                                             fully, many can, but many jobs just                       There are many more people, average                 loans have started sheepishly returning
                                             will not be there.                                      Americans, who need the same kind of                  the money to the Treasury Depart-
                                                The disease has washed over our Na-                  help or a greater degree of help, or a                ment—rightly so. Many have much
                                             tion like a flood. Once the waters have                 different kind of help, and many of                   greater access to other capital than
                                             receded, there will be a great deal of                  these average folks are in worse shape.               true small businesses, and they
                                             damage left in its wake. We need a big,                   Democrats have strived to make as                   shouldn’t crowd out the lending of
                                             bold answer to this. We need to mar-                    much of our congressional relief effort
                                                                                                                                                           those small businesses that truly need
                                             shal a broader spirit of action. The                    flow to workers and average American
                                                                                                                                                           it. Secretary Mnuchin has told me that
                                             American people need an active, en-                     families—as much as possible. It is still
                                                                                                                                                           roughly $10 billion in loans have been
                                             gaged, and forceful government to lift                  not enough. State and local govern-
                                                                                                                                                           paid off or returned by these large com-
                                             them up and carry them through these                    ments—that means teachers, fire-
                                                                                                                                                           panies. Ten billion dollars happens to
                                             dark times.                                             fighters, police officers, and busdrivers
                                                                                                                                                           be the same amount we have asked the
                                                Speaker PELOSI and I are working on                  who might be laid off—still need help.
                                                                                                                                                           Treasury Department to set aside ex-
                                             a big, bold plan that will deal with the                Our essential workers deserve hazard
                                                                                                                                                           clusively for lending by community de-
                                             magnitude of the problem.                               pay. Minority-owned and women-owned
                                                So I am appalled today that Repub-                                                                         velopment financial institutions and
                                                                                                     businesses still need more access to
                                             lican congressional leaders and Presi-                  lending. Renters and homeowners need                  minority deposit institutions.
                                             dent Trump are saying that we should                                                                            So this morning I would like to urge
                                                                                                     relief. And millions of working people
                                             delay more assistance to the American                                                                         the Treasury Department to imme-
                                                                                                     need enhanced nutrition benefits, as
                                             people.                                                                                                       diately set aside the money being re-
                                                                                                     thousands and thousands of people are
                                                A week ago, the Republican leader,                                                                         turned by big, publicly traded compa-
                                                                                                     overwhelming our local food banks.
                                             Senator MCCONNELL, said that we need                      But now that assistance to big indus-               nies in the PPP for loans to businesses
                                             ‘‘to push the pause button.’’                           tries has gone out the door, Republican               that are truly small—the very small
                                                Tell that to someone who is losing                   leaders are saying: Let’s wait and see.               businesses with under 10 employees and
                                             his job. Tell that to someone who has                     The unemployed worker doesn’t want                  other underserved, rural, minority-
                                             worked so hard to create a small busi-                  to wait and see. The small business                   owned and women-owned businesses.
                                             ness over decades and sees it falling                   that might go under doesn’t want to                   Too many big companies rushed in to
                                             apart. Tell that to the family who has                  wait and see. The mom or dad who                      secure small business lending in the
                                             a member that is sick with COVID or                     needs to feed their hungry children                   early days of the PPP program, while
                                             something else and can’t get adequate                   does not want to wait and see, like our               smaller businesses were shut out. The
                                             healthcare.                                             Republican leaders seem to. Now is not                administration should have been far
                                                To say that we should wait and see                   the time to wait and see. Now is the                  more careful about who got the lending
                                             what is happening, as Leader MCCON-                     time to move forward.                                 and put out much stronger guidance to
                                             NELL has said, that maybe we don’t                        Our history is replete with examples                the banks in the early days, something
                                             need to do anything more is ignoring                    of what happens when the Federal Gov-                 I believe they are trying to correct
                                             what is going on around us.                             ernment doesn’t rise to the occasion in               now.
                                                Over 30 million are unemployed, and                  a time of national emergency. In the                    We can begin to right those dispari-
                                             certain Republican leaders are saying:                  early days of the Great Depression,                   ties if Treasury would simply redi-
                                             Let’s hit the pause button on future                    President Herbert Hoover was reluc-                   rect—redirect—the returned loans to
                                             government support.                                     tant to use national resources to com-                truly small and underserved businesses
                                                The Republican leader of this Cham-                  bat a national crisis. His failure to act             using community-based lenders. I hope
                                             ber called us back into session, despite                contributed to the length and severity                Secretary Mnuchin will agree to this.
                                             the obvious health risks, not to con-                   of the depression.                                      Another issue that cannot wait for
                                             sider new relief or respond to the                        If our Republican colleagues, if Presi-             another bill, of course, is testing. Test-
                                             COVID pandemic but to process nomi-                     dent Trump, respond with the same ti-                 ing is the key to finally defeating this
                                             nations. He has been coming to the                      midity as President Hoover did, I fear                disease, and it is the key to safely re-
                                             floor, drawing redlines in the sand,                    the Nation could suffer the same con-                 opening the country.
                                             pledging not to support another emer-                   sequences as it did in the past, and                    President Trump promised on March
                                             gency relief bill unless it extends legal               many economists agree. If we do noth-                 6—his words: ‘‘Anybody that wants a
                                             immunity to big corporations.                           ing more, like some of our Republican                 test can get a test.’’ That was Presi-
                                                Today, he gave a very long speech on                 colleagues seem to feel we should, a                  dent Trump 2 months ago. It is still
                                             national security. Now, that is very                    good number of economists believe we                  not even close to being true. President
                                             important, but the No. 1 immediate                      will have our second Great Depres-                    Trump seems to think that by saying




dlhill on DSK120RN23PROD with SENATE
                                             crisis facing us is COVID, and this                     sion—Herbert Hoover redux on the Re-                  something, it happens. By saying it is
                                             speech was sort of a metaphor for what                  publican side when President Trump,                   a hoax, he thinks it was a hoax. By
                                             Senate Republicans are doing this                       Leader     MCCONNELL,       and   Leader              saying it is going to go away, he thinks
                                             week on COVID—virtually nothing.                        MCCARTHY say: Let’s wait and see.                     it would go away. This COVID virus
                                                Senator CARDIN and I and Senator                       Republicans weren’t worried about                   does not listen to President Trump’s
                                             SHAHEEN went to the floor and simply                    the deficit when we spent billions to                 cheery and false words, unfortunately.



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                                             S2302                                             CONGRESSIONAL RECORD — SENATE                                                        May 7, 2020
                                                President Trump, when it comes to                      What are we going to do to protect                  unless we have something better to re-
                                             testing, what is the plan? Where are                    Americans and their families?                         place it with.
                                             the tests?                                                Senator MCCONNELL brought us back                     They didn’t then. They don’t now.
                                                Countries like South Korea and Ger-                  for a hearing for one of his favorite                   Attorney General Barr warned the
                                             many, New Zealand and Australia were                    judges—a Federal judge in Kentucky, a                 Trump White House not to go forward
                                             able to flatten the curve much more                     young man who was an intern in his of-                with this lawsuit pending in the Su-
                                             quickly than we have by rigorously                      fice and whom he is now trying to pro-                preme Court. He understood that it was
                                             testing their populations, contact trac-                mote to the second highest court in the               unwise not only from a policy view-
                                             ing, and isolating confirmed cases.                     land.                                                 point, but it was unwise politically.
                                                But as the coronavirus spread ini-                     In the ordinary course of Senate                      Imagine, if you will, in the weeks and
                                             tially,    unfortunately,    the  United                business, this would not be unusual. It               months ahead, should this Court, this
                                             States lagged far behind these other                    might have drawn some attention be-                   Roberts Court, decide to abolish the
                                             countries. Some experts believe we                      cause of the qualifications of this indi-             Affordable Care Act in the midst of
                                             need to have at least 2 million tests a                 vidual, but attention has been given to               this public health crisis—I can’t think
                                             day. Today we are testing less than                     it as people compare it to the real                   of anything more catastrophic when it
                                             300,000.                                                issues that we should be facing.                      comes to these 20 million families and
                                                For the administration to pressure                     When you think about the issues be-                 their health insurance protection and
                                             States and businesses to reopen with-                   fore us, one of them is very imminent.                the 100 million-plus who count on this
                                             out a plan for a dramatic increase in                   Across the street from the U.S. Senate                protection against discrimination for
                                             testing is like sending them out of the                 is the Supreme Court building. Pending                preexisting conditions.
                                             door with a blindfold on. It is dan-                    before the Supreme Court at this mo-                    That is the reality we face, but it is
                                             gerous.                                                 ment is a lawsuit brought by President                not the only reality. A decision was
                                                Congress has required the adminis-                   Trump and Republican attorneys gen-                   made this week that is almost impos-
                                             tration to produce a national strategy                  eral from across the United States to                 sible to understand. There was a tele-
                                             on testing by May 24. Instead of wast-                  abolish the Affordable Care Act—to                    phone conference call involving leaders
                                             ing energy praising his own perform-                    abolish an Affordable Care Act that                   from all around the world. These lead-
                                             ance and lashing out at supposed en-                    provides health insurance for 20 million              ers came together to discuss something
                                             emies, the President should roll up his                 Americans and also provides protec-                   that we are all praying for—the dis-
                                             sleeves and get to work on testing. The                 tions in the health insurance policies                covery of a vaccine that will protect us
                                             patience of the American people is                      for another 135 million Americans—a                   from this coronavirus. They wanted
                                             wearing very, very thin.                                law which basically says if you have a                money pledged, some $8 billion. Nor-
                                                I yield the floor.                                   preexisting condition, you can’t be de-               way pledged $1 billion. The European
                                                I suggest the absence of a quorum.                   nied insurance coverage.                              Union pledged $1 billion. When they
                                                The PRESIDING OFFICER (Mrs.                            At this moment in our history, at                   went around the table, there was a
                                             BLACKBURN). The clerk will call the                     this moment as we face this health cri-               chair that was empty. The United
                                             roll.                                                   sis, it is unimaginable that the Repub-               States of America wasn’t at the con-
                                                The senior assistant legislative clerk               lican position is to eliminate health in-             ference. The President made a con-
                                             proceeded to call the roll.                             surance protection for 20 million Amer-               scious decision that we would not en-
                                                Mr. DURBIN. Madam President, I ask                   icans and to lessen the protections in                gage in this conversation about the dis-
                                             unanimous consent that the order for                    health insurance policies for 135 mil-                covery of a lifesaving vaccine. Why?
                                             the quorum call be rescinded.                           lion more. So far, 1.2 million Ameri-                 What was he possibly thinking?
                                                The PRESIDING OFFICER. Without                       cans have been diagnosed as infected                    This notion of America first, which
                                             objection, it is so ordered.                            with the COVID–19 virus. Sadly, some                  we hear over and over again, has some
                                                Mr. DURBIN. Madam President, we                      70,000 Americans have died. What is                   value, of course, but when it comes to
                                             live in a dangerous world, and this                     going to happen in the days and                       a global pandemic, when it comes to a
                                             morning we were reminded as the Re-                     months and years ahead if the Repub-                  global challenge, when it comes to the
                                             publican leader came to the floor and                   licans have their way and if preexisting              fact that over 90 countries around the
                                             spoke about foreign policy. Later on                    conditions return to health insurance?                world are searching for that vaccine,
                                             today, we will address the issue of a                   Will there be a day when you or your                  when it comes to the fact that most of
                                             veto override on the War Powers Act, a                  spouse or your parent or your children                us don’t really care where it is found as
                                             measure which I cosponsored.                            will be asked if you were ever diag-                  long as it is found and the sooner the
                                                It may surprise some people that we                  nosed positive for COVID–19? Will this                better and that we have access to it for
                                             are in the area of foreign policy on our                be a disqualification in the future if we             Americans as well as everyone else—
                                             Senate agenda this week, because in                     don’t have the protection when it                     that is the bottom line. It isn’t about
                                             this dangerous world that we live in,                   comes to preexisting conditions? That                 America being first and only when it
                                             we all know that the first thing we                     is not out of the realm of possibility.               comes to the vaccine. Even the Senate
                                             look for is the danger at the doorstep.                   How can the Republicans be thinking                 Republican leader said this morning
                                                Our danger, of course, is a national                 that this is the right moment in his-                 that we can’t retreat from the world.
                                             emergency, as President Trump has                       tory to abolish the Affordable Care Act                 It is so appropriate to have this glob-
                                             characterized it, a public health cri-                  and the health insurance that 20 mil-                 al vaccine conference. Two Americans
                                             sis—the COVID–19 coronavirus threat                     lion Americans count on and 135 mil-                  were involved in this conference—in
                                             to the United States and all of our fam-                lion Americans who have their own                     this virtual conference call—Bill and
                                             ilies.                                                  health insurance plans take advantage                 Melinda Gates. We know his back-
                                                Many of us who came back to Wash-                    of? It is exactly the wrong moment.                   ground, his great success at Microsoft,
                                             ington this week were wary because we                     There was an effort to abolish this                 and his commitment, with his wife,
                                             had been warned to stay in our homes                    Affordable Care Act—they like to call                 ever since to global health issues. They
                                             as long as possible, to stay out of cir-                it ObamaCare—on the floor of the Sen-                 were at the table speaking for the
                                             culation, and not to gather in work-                    ate in the last 2 years. I still remember             United States, and I want to personally
                                             places unless absolutely necessary. All                 the moment when Senator John                          thank them for being there, but we
                                             of us thought if we were going to re-                   McCain, the late Senator from Arizona,                should have been there as well. The
                                             turn, we hoped the priority would be                    came to the floor in the early morning                President of the United States should
                                             this looming crisis in America, this                    hours and gave the motion for a ‘‘no’’                have been on that conference call. He




dlhill on DSK120RN23PROD with SENATE
                                             public health crisis. But, sadly, as we                 vote, and that was the end of the story.              should have said: The United States is
                                             bring this week’s legislative activity to               The Republican abolition effort ended                 going to help find this vaccine wher-
                                             a close, little, if anything, has been                  with that vote. You would think they                  ever it is found in the world. We are
                                             said or done on the Senate floor or in                  learned their lesson.                                 going to be at the table when we talk
                                             committee to address the issue at the                     Senator McCain and other Repub-                     about producing it in quantities that
                                             moment.                                                 licans said: We cannot eliminate this                 will make a difference for people living



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                                             May 7, 2020                                       CONGRESSIONAL RECORD — SENATE                                                               S2303
                                             everywhere in the world, including the                  firefighters, healthcare workers, and                 history, that is the fight we want to
                                             United States, and we are going to be                   teachers. Is that what we want to do in               pick? It is time for us to come to-
                                             here as well when we apportion those                    this moment?                                          gether, not to make something like
                                             vaccine doses so we make certain that                     A few weeks ago, when he was asked,                 that a redline against continued bipar-
                                             Americans have their fair share and                     Senator MCCONNELL said we should                      tisan cooperation.
                                             that we can protect our own country.                    consider bankruptcy—bankruptcy for                      I stand here today in the hopes that
                                               Do you want to reopen the economy,                    State and local governments that can’t                we will come back to session—if we do
                                             Mr. President? Do you want to liberate                  pay their bills. What a disaster that                 next week—to truly address the
                                             America from the CDC suggestion that                    would be. You want to see America                     COVID–19 crisis. We have wasted a
                                             we shelter in place? Do you want to lib-                cartwheeled into a recession leading to               week here when it comes to that crisis.
                                             erate us truly? Then join in this con-                  a depression? Bankruptcies from one                   We could be doing so much more.
                                             ference and this conversation among                     end of America to the other by State                    I hope the Senate Republican leader,
                                             leaders across the world to find this                   and local governments would do just                   who sets the agenda for the Senate,
                                             vaccine.                                                that, and the damage it would do to                   will go home to Kentucky, and as he
                                               I hope we can find it in the United                   first responders who would be laid off                goes home to Kentucky and talks to
                                             States. We have a lot of talented people                as a result of it, the police and the fire-           the families there—and I will in Illi-
                                             searching, but if another country finds                 fighters and the teachers, is incalcu-                nois—we will both come back with the
                                             it, let’s applaud that. If it is an effec-              lable. We can’t let that happen to                    realization that the No. 1 priority in
                                             tive and safe vaccine that protects us,                 America.                                              this dangerous world is the danger at
                                             let’s applaud whatever country finds                      A bankrupt America is an America                    our doorstep. Let’s get this under con-
                                             it—including the United States, of                      headed for a depression, and when Sen-                trol and protect the families and indi-
                                             course, but if it is found in another                   ator MCCONNELL suggested that, I                      viduals across America so that we can
                                             country, we are not going to be part of                 thought to myself, he hasn’t thought                  resume the path to greatness this
                                             the conversation as long as this Presi-                 this through. He cannot be saying that                country has been on since the begin-
                                             dent folds his arms, juts out his chin,                 to the teachers of Kentucky and the                   ning.
                                             and says: I am sorry, the WHO—the                       police and the firefighters and the med-                I yield the floor.
                                             World Health Organization—is at the                     ical professionals who count so much                    The PRESIDING OFFICER. The Sen-
                                             table, and we want no part of them, so                  on our support.                                       ator from South Dakota.
                                             we are staying away.                                      At this point, there are things we can                Mr. THUNE. Madam President, a
                                               Pride cometh before the fall, Mr.                     do and must do. My checklist would in-                number of our Democratic colleagues
                                             President. You can’t expect the Amer-                   clude hazard pay for those I mentioned,               have come to the floor and spoken here
                                             ican people to fall with you because of                 including the healthcare workers, and                 and elsewhere about the importance of
                                             your own source of pride. We should                     most importantly, a dramatic increase                 providing assistance to State and local
                                             deal with the reality of what we face in                in testing. We have about one-third of                governments and that if that doesn’t
                                             this world.                                             the test kits we need to put America                  happen, there are going to be police of-
                                               Let me say a word about the State                     back to work.                                         ficers and first responders and people
                                             and local governments because as we                       We look at situations like the ones                 who have essential jobs that we rely on
                                             consider the next round of legislation                  facing us in meat-processing facilities.              every single day and for whom we are
                                             to help this economy, we certainly                      It has created a real hardship on con-                so grateful who wouldn’t be able to get
                                             want to make certain that unemploy-                     sumers across America. But don’t for-                 paid.
                                             ment insurance will be available for                    get the producers of livestock in South                 I would just point out that already,
                                             the millions of Americans—over 30 mil-                  Dakota and Illinois and Tennessee.                    as part of the coronavirus relief meas-
                                             lion Americans who are unemployed.                      They are producing pork and beef to be                ures that Congress has passed, there
                                             The current round of unemployment                       headed to the processing plants, and                  was $150 billion sent to State and local
                                             insurance is set to expire around July                  the plants are closed down. It is a                   governments, much of which has yet to
                                             31. We want to make certain that small                  downturn in demand for sure but also                  be spent and, frankly, much of which
                                             businesses that are receiving forgivable                working conditions, which need to be                  we don’t know what the actual need is
                                             loans so they can be poised and ready                   addressed directly so there is safety in              out there until we have a better sense
                                             to reopen and go into business, put peo-                the workplace for all American work-                  of what the revenue loss is to a lot of
                                             ple back to work—that is supposed to                    ers.                                                  our State and local governments.
                                             end around the end of June. I pray that                   When the Senate Republican leader                     Clearly, they are sounding the alarm,
                                             this whole controversy and this crisis                  comes to the floor and talks about how                and they are justifiably worried about
                                             will be behind us by then, but we know                  we don’t want anybody held respon-                    what happens if the downturn in the
                                             better. We know it will take some time                  sible or liable for their conduct or mis-             economy continues and what that
                                             to get the economy back in gear. Let’s                  conduct during the course of this, I                  might mean to their revenues. They
                                             make sure that we renew our commit-                     think he is not thinking through clear-               are looking to Washington, DC, for as-
                                             ment to the people in this country, the                 ly what he is talking about. In this sit-             sistance.
                                             families in this country, the unem-                     uation, you certainly wouldn’t want to                  I think that, as I said earlier, in the
                                             ployed in this country, and the small                   deny to nurses, who were seeking pro-                 CARES package, there was $150 billion
                                             business owners as well.                                tection with protective equipment—                    that went out to State and local gov-
                                               But don’t forget the others who are                   masks,      gloves,    and     gowns—you              ernments. There have been concerns
                                             counting on us. Don’t forget our first                  wouldn’t want to deny them a day in                   about how those funds can be used. It
                                             responders. How often have we stood up                  court, if necessary. You wouldn’t want                was stipulated that they had to be used
                                             and responded and praised police, fire-                 to say to workers who were in dan-                    for COVID-related expenses, and many
                                             fighters, paramedics, medical profes-                   gerous situations in the workplace that               State and local leaders were concerned
                                             sionals, and nurses who stepped up in                   they can’t collect workers’ compensa-                 that that did not give them the flexi-
                                             the midst of this crisis and showed ex-                 tion even if they are injured or sick.                bility that they needed to meet other
                                             traordinary courage, some giving their                  But when I hear the Republican leader                 types of needs.
                                             lives in the process? Well, part of their               talk about COVID–19 lawsuits—both                       Well, the Treasury Department has
                                             future depends on us in the next bill.                  the lawsuits I just described relate to               in the past few days come out with an
                                             Are we going to stand up to make sure                   COVID–19, and both call for simple fair-              interpretation that would allow those
                                             that State and local governments,                       ness when it comes to protecting work-                dollars—the $150 billion already appro-




dlhill on DSK120RN23PROD with SENATE
                                             which have been hard hit by this crisis                 ers and families over large corpora-                  priated—to be used to pay firefighters,
                                             as well when it comes to their own rev-                 tions.                                                to pay police, to pay first responders,
                                             enue, will get a helping hand? God for-                   The Senate leader has come to the                   to help with unemployment insurance
                                             bid we reach a point where, because of                  floor so many times and said that the                 accounts at the State level, to help
                                             the shortcomings in the State and                       real enemy here are the lawyers of                    with healthcare costs—the people who
                                             local revenue, we have to lay off police,               America. Really? At this moment in                    lose healthcare at the State level—and



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                                             S2304                                             CONGRESSIONAL RECORD — SENATE                                                         May 7, 2020
                                             a range of other things. It dramatically                the Democrats have been complaining                   lief legislation, support for farmers and
                                             broadened the eligibility of uses for the               about. And Point 4, it seems to me, at                ranchers was one of my top priorities.
                                             dollars that have already been allo-                    least, that we ought to have a discus-                I fought to get agricultural relief
                                             cated to State and local governments.                   sion about whether what we have done                  money included in the Coronavirus
                                               So I think it is important for us to                  already is working before we decide to                Aid, Relief, and Economic Security
                                             make sure—as we look at any addi-                       add to it and see if we are getting a                 Act, or the CARES Act, which was
                                             tional assistance that we might pro-                    good return on the tax dollars that                   signed into law in late March. The final
                                             vide, to determine how well the dollars                 have already been put out there.                      bill included $14 billion to replenish the
                                             that are already out there have been                      I don’t think there is any resistance               Commodity Credit Corporation to
                                             used and to, in fact, see what the ac-                  here to giving States more flexibility                allow the Department of Agriculture to
                                             tual needs are before we add to that.                   with those dollars. I don’t think there               provide income and price support for
                                               We had a number of pronouncements                     is any resistance to doing anything and               farmers and ranchers, plus an addi-
                                             around here. The Speaker of the House,                  everything we have to to make sure we                 tional $9.5 billion in emergency support
                                             Speaker PELOSI, has come out and said:                  get through this crisis. I think our                  for agricultural producers affected by
                                             We need $1 trillion in additional assist-               Members certainly agree with that and                 the pandemic.
                                             ance for State and local governments.                   are prepared to make the necessary                      Days after the bill passed, I led a bi-
                                             It is hard for me to see how you can                    votes and to do what is necessary to                  partisan group of Senators and rep-
                                             make a statement like that not know-                    get us through it.                                    resentatives in a letter to Agriculture
                                             ing what the original $150 billion has                    Remember also that there is no                      Secretary Sonny Perdue, urging him to
                                             been used for or whether it has been                    amount of money in Washington, DC,                    use a portion of the funds to provide
                                             used at all in some cases.                              that can substitute for a dynamic, vi-                support for hard-hit cattle producers. I
                                               The fact that we have $150 billion in                 brant, active economy where jobs are                  am pleased that in mid-April the U.S.
                                             the pipeline, the eligibility and uses of               being created and investments are                     Department of Agriculture announced
                                             which have been dramatically broad-                     being made. That is how you ulti-                     that it would issue $16 billion worth of
                                             ened by the Treasury Department to                      mately start to get things back on                    payments to ag producers affected by
                                             enable States to use it for the very                    track in this country.                                the virus. Those payments are expected
                                             things that many of the Democrats are                     So, as we get ahead of the health                   to reach farmers and ranchers in late
                                             coming down here saying: You know, if                   emergency—and, of course, obviously                   May or early June. I have been moni-
                                             we don’t help State and local govern-                   this week we celebrate nurses week. I                 toring the progress of this relief, and I
                                             ments, we won’t pay essential work-                     am so grateful for the many contribu-                 will continue urging the USDA to issue
                                             ers—that just flat out isn’t true. Those                tions they are making not only during                 these payments as soon as possible.
                                             dollars can be used for that purpose.                   the pandemic but year-round and the                     Agriculture producers can also take
                                               It makes sense for us, as policy-                     people who are on the frontlines of this              advantage of the Paycheck Protection
                                             makers and custodians and stewards of                   emergency. To ensure that we are                      Program included in the CARES Act.
                                             the people’s tax dollars, to ensure that                doing everything we can to support                    This program provides forgivable loans
                                             the tax dollars we have already put out                 them, to beat this health emergency—                  to small businesses, including self-em-
                                             there are having the desired effect and                 when we do, as the economy starts to                  ployed producers, to help them cover
                                             to figure out what is working and what                  open up, that is when we will see the                 payroll costs during this difficult time.
                                             is not working and to figure out, frank-                jobs come back, that is when we will                  Seventy-five percent of the loans must
                                             ly, what the actual need is before we                   see the growth come back, and that is                 be used for workers’ salaries and bene-
                                             send more money out—and, by the way,                    when we will see the standard of living               fits, including the salaries of self-em-
                                             more money that is all borrowed.                        and the quality of life in this country               ployed workers, while the remaining
                                             Every dollar of the $2.8 trillion that we               that people have lost in the last few                 amount can be used for other quali-
                                             have already distributed—and all for                    months start to return. That is the                   fying expenses, like mortgage interest,
                                             good reasons. Everybody here was sup-                   best way to get things back on track                  rent, and utilities. The loan can be for-
                                             portive and agreed we needed to do it.                  here.                                                 given completely, as long as borrowers
                                             We needed a dramatic, bold response to                    I want to just make some comments                   follow the requirement that at least 75
                                             an extraordinary circumstance, so that                  this morning about another area of our                percent of the loan be used to cover
                                             was done. But every one of those dol-                   economy and note that it has been an                  workers’ salaries and benefits and the
                                             lars was borrowed. Any dollar we put                    incredibly tough couple of months for                 remainder be spent on other qualifying
                                             out going forward will be borrowed,                     American businesses and American                      expenses.
                                             which means that at some point some-                    workers.                                                As of this week, farmers and ranchers
                                             body has to pay for it, and it is going                   Virtually every sector of our econ-                 can now take advantage of the Small
                                             to be our children and our grand-                       omy is suffering as a result of the                   Business Administration’s Economic
                                             children.                                               coronavirus, and the ag industry is no                Injury Disaster Loan Program, thanks
                                               There is an argument being made                       exception. Farmers and ranchers have                  to legislation Congress passed 2 weeks
                                             that, well, interest rates are low; this                taken a huge hit. The coronavirus has                 ago.
                                             is a good time to borrow. Well, you                     caused significant market volatility,                   I am continuing to monitor the cat-
                                             want to borrow when interest rates are                  sending many commodity futures                        tle market. Livestock producers have
                                             low if you have to borrow, but if we                    prices plummeting. Meanwhile, re-                     taken a dramatic hit on the prices they
                                             continue to borrow, there is a point at                 duced capacity at U.S. meatpacking                    are getting for their cattle. At the
                                             which interest rates, just by virtue of                 plants as a result of the virus has di-               same time, however, the price of pack-
                                             the laws of supply and demand, will                     minished the demand for livestock, de-                aged meat has risen, and meat packers
                                             start to go up, and when they do, you                   pressing prices. This has aggravated an               are seeing record profit margins. This
                                             will see a dramatic increase in the                     already difficult situation for farmers               raises real concerns about potential in-
                                             amount of dollars we have to use here                   and ranchers.                                         stances of price manipulation and
                                             just to pay the interest on the debt,                     Unlike the majority of the economy,                 other unfair practices within the beef
                                             which, if interest rates ever normalize,                which was thriving before the pan-                    industry, especially considering that
                                             will be north of about $1 trillion a year               demic, the agricultural economy has                   four meat packing companies control
                                             and represent literally about 28 percent                been struggling now for a while. Low                  more than 80 percent of the beef sup-
                                             of all Federal spending.                                prices, extended trade disputes, and                  plied in the United States.
                                               So, point 1, every dollar we spend is                 natural disasters have made a tough                     In March, I called Secretary Perdue




dlhill on DSK120RN23PROD with SENATE
                                             a borrowed dollar. Point 2, I think it is               few years for farmers and ranchers                    to urge the Department of Agriculture
                                             important for us to see what the needs                  even before the coronavirus hit. Now                  to take action to ensure the integrity
                                             are to be able to put money out there.                  they are suffering even more.                         of the cattle market during the
                                             Point 3, there is already $150 billion in                 Agriculture is the lifeblood of my                  coronavirus pandemic. I followed up
                                             the pipeline to State and local govern-                 State of South Dakota. So when Con-                   with a letter requesting that the Agri-
                                             ments to help with many of the things                   gress was considering coronavirus re-                 culture Department’s packers and



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                                             May 7, 2020                                       CONGRESSIONAL RECORD — SENATE                                                                 S2305
                                             stockyard division look into the vola-                  This means that not only is ethanol                   the Constitution, reminding him that
                                             tility in the cattle market, and Sec-                   part of our energy security and a foun-               he does not have the power to take us
                                             retary Perdue has agreed to inves-                      dation of our ag economy, but it also                 to war in Iran. It instructed him that
                                             tigate.                                                 plays an important role in our food                   any hostilities with Iran need to come
                                               I also sent a letter to Attorney Gen-                 supply.                                               in accordance with the Constitution.
                                             eral William Barr requesting an inves-                    The coronavirus is already straining                  But the President of the United
                                             tigation into potential price manipula-                 our meat processing industry. We                      States has responded to our clear dec-
                                             tion or other anti-competitive activi-                  should not allow a CO2 shortage to                    laration of the essence of the Constitu-
                                             ties in the beef market.                                deepen the problem.                                   tion by tossing it aside, by vetoing
                                               Our pork industry is also struggling                    As Congress addresses the numerous                  that resolution. And so here we are de-
                                             due to the coronavirus pandemic. The                    challenges facing farmers and energy                  bating whether to override that veto.
                                             temporary closure of the Smithfield                     producers, we must make sure that                       The Founding Fathers were adamant
                                             plant in Sioux Falls created significant                ethanol relief is a part of that discus-              about not having anything resembling
                                             challenges for the 550 independent pork                 sion. Whether it is through direct sup-               a King in the new country they were
                                             producers from South Dakota and sur-                    port or by advancing long-stalled corn                building. The President was given the
                                             rounding States and for our Nation’s                    fiber applications at the Environ-                    power to lead the Nation’s Armed
                                             food supply system.                                     mental Protection Agency, we need to                  Forces as Commander in Chief, but ar-
                                               In the wake of the Smithfield plant                   make sure that this American energy                   ticle I, section 8 of the Constitution
                                             closure announcement, I wrote a letter                  success story survives these chal-                    stated: ‘‘The Congress shall have
                                             to Secretary Perdue requesting finan-                   lenging times.                                        Power. . . . To declare war.’’
                                             cial assistance for pork producers, and                   As we move forward, I will continue                   If there is any real doubt about the
                                             I have been closely monitoring the sit-                 talking to farmers and ranchers about                 Founders’ intent, well, let’s return to
                                             uation.                                                 their needs and what we can do to help                the comments that they made at the
                                               I am pleased that the Smithfield                      them get through these difficult times.               time.
                                             plant is in compliance with Centers for                 Supporting our Nation’s farmers and                     James Madison, father of the Con-
                                             Disease Control and Prevention and                      ranchers will always be—always be—                    stitution, said this:
                                             Occupational Safety and Health Ad-                      one of my top priorities here in Con-                   The constitution supposes, what the His-
                                                                                                                                                           tory of all Governments demonstrates, that
                                             ministration guidance and will gradu-                   gress.                                                the Executive is the branch of power most
                                             ally resume operation starting today.                     The coronavirus crisis has reminded                 interested in war, and most prone to it. It
                                               No discussion of the challenges fac-                  us all just how much we depend on our                 has accordingly with studied care vested the
                                             ing farmers right now would be com-                     agricultural producers, and I am grate-               question of war to the legislature.
                                             plete without discussing biofuels. Eth-                 ful every day for the work they do to                    He continued: ‘‘The power to declare
                                             anol and biodiesel producers buy up a                   feed our Nation.                                      war, including the power of judging the
                                             significant amount of American corn                       I will continue to do everything I can              causes of war, is fully and exclusively
                                             and soy, which adds value to each                       to strengthen our agricultural econ-                  vested in the legislature . . . the execu-
                                             bushel. As demand for fuel has de-                      omy and to help our Nation’s farmers                  tive has no right, in any case, to decide
                                             creased as a result of the coronavirus                  and ranchers thrive.                                  the question, whether there is or not
                                             pandemic, ethanol and biodiesel oper-                     I yield the floor.                                  cause for declaring war.’’
                                             ations have come offline and are no                       The PRESIDING OFFICER (Mr.                             How about George Washington, com-
                                             longer buying up their normal amounts                   SCOTT of Florida). The Senator from                   mander of our forces in the Revolution,
                                             of corn and soybean oil. This has sig-                  Oregon.                                               first President of the United States, fa-
                                             nificantly diminished a crucial market                                      S.J. RES. 68                      ther of our Nation? He said this: ‘‘The
                                             for our farmers.                                          Mr. MERKLEY. Mr. President, I rise                  constitution vests the power of declar-
                                               There has rightfully been a lot of                    to address the debate we are having                   ing war in Congress; therefore no offen-
                                             focus on the oil and gas companies that                 today over whether to override the                    sive expedition of importance can be
                                             are facing record loss and demand be-                   President’s veto of the Kaine resolu-                 undertaken until after they shall have
                                             cause of the coronavirus and because of                 tion that reminds the President of the                deliberated upon the subject and au-
                                             an equally difficult oversupply problem                 United States about the fundamentals                  thorized such a measure,’’ referring to
                                             driven by the Saudi-Russian price war.                  of the Constitution, about article I,                 Congress.
                                             Hard-working Americans at these com-                    section 8 of the Constitution, which                     How about George Mason of Virginia?
                                             panies who have helped usher in our                     gives the enumerated powers of Con-                   George Mason remarked that he was
                                             modern energy renaissance are now in                    gress and says that Congress, and Con-                ‘‘against giving the power of war to the
                                             limbo, and Congress needs to make                       gress alone, has the power to declare                 executive’’ because the President ‘‘is
                                             sure we preserve our energy dominance                   war.                                                  not safely to be trusted with it.’’
                                             and security. But it is important to                      No decision is tougher or more im-                     There is more. How about Thomas
                                             recognize that the ethanol industry,                    portant than the decision to go to war.               Jefferson, one of the most brilliant
                                             which provides over 10 percent of the                   That is why the Founding Fathers                      minds our country has ever produced?
                                             Nation’s gasoline content—the cleanest                  never intended for a single person to be              He said this: ‘‘We have already given in
                                             10 percent, I might add—is a part of                    able to make that decision. They ex-                  example one effectual check to the dog
                                             that.                                                   plicitly, after intense debate and con-               of war by transferring the power of let-
                                               Biofuels, too, have been a key part of                sideration, gave that power solely to                 ting him’’—the dog of war—‘‘loose from
                                             America’s energy renaissance and have                   Congress, the people’s branch of our                  the Executive to the Legislative body.’’
                                             also been hit hard by the sudden drop                   government. They didn’t want any-                        And Jefferson didn’t just believe that
                                             in demand, which has been a dev-                        one—any one individual, even the                      these were important words in the Con-
                                             astating blow for workers in the indus-                 President of the United States—to be                  stitution. When he was President and
                                             try and for the farmers who supply                      able to drag our Nation to war for per-               when he was being pressured over a dis-
                                             them. Half—half—of the Nation’s ca-                     sonal or political reasons or for                     pute with Spain over the boundaries of
                                             pacity has been idle. More than 70                      misjudgments, inadequately vetted                     Louisiana and Florida, he wrote to
                                             plants have closed, and just as many                    with the wisdom of the leaders of the                 Congress stating: ‘‘Considering that
                                             have idled, directly harming their local                country.                                              Congress alone is constitutionally in-
                                             economies and, again, drying up that                      Since President Trump came into of-                 vested with the power of changing our
                                             essential market for our farmers.                       fice, we have come within a hair’s                    condition from peace to war, I have




dlhill on DSK120RN23PROD with SENATE
                                               This has brought a new problem.                       breadth of war with Iran on more than                 thought it my duty to await their au-
                                             Many Americans may not know it, but                     one occasion because of his words and                 thority for using force in any degree.’’
                                             a substantial quantity of food-grade                    his actions. It is why back in February                  How about Alexander Hamilton,
                                             carbon dioxide, the CO2 used in carbon-                 and March, the Senate and the House                   whom many Americans have been hear-
                                             ated beverages or to quickly chill meat                 debated this resolution, reinstructing                ing so much about with the play ‘‘Ham-
                                             products, is an ethanol by-product.                     the President on the fundamentals of                  ilton’’ having been such a hit over the



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                                             S2306                                             CONGRESSIONAL RECORD — SENATE                                                          May 7, 2020
                                             last few years? What did Hamilton say                   in Chief to involve the United States                 yond to respond to an imminent at-
                                             about this? He said:                                    ‘‘in hostilities is clearly indicated by              tack, under article II of the Constitu-
                                               ‘‘The Congress shall have the power to de-            the circumstances, are exercised only                 tion. In other words, the President of
                                             clare war’’; the plain meaning of which is,             pursuant to a (1) declaration of war, (2)             the United States is saying that his
                                             that it is the peculiar and exclusive duty of           specific statutory authorization, or (3)              powers are unlimited, as he asserted in
                                             Congress . . . to change that state into a              a national emergency created by at-                   so many other arenas—that his powers
                                             state of war.’’                                         tack upon the United States, its terri-               are unlimited to go to war.
                                               Abraham Lincoln was not a Founding                    tories or possessions, or its Armed                     No, Mr. President, they are not, and
                                             Father, but he understood absolutely                    Forces.’’                                             a bipartisan majority of this Senate
                                             what the Founders were talking about,                      That is the law of the United States               has said that. A bipartisan majority of
                                             and he said this:                                       of America backing up the Constitu-                   the House has said that. And even if
                                               The provision of the Constitution giving              tion of the United States of America,                 your veto stands and we cannot over-
                                             the war-making power to Congress was dic-               founded on the wisdom of the Found-                   ride it today, it is the Constitution of
                                             tated . . . by the following reasons. Kings             ers, as you heard one after another, all              the United States that says that. And
                                             had always been involving and impoverishing             conveying that same message.                          that should be the final point that
                                             their people in wars, pretending generally, if             But what was the President’s re-                   today, when we vote, let’s vote with
                                             not always, that the good of the people was
                                             the object. This, our Convention understood
                                                                                                     sponse?                                               the Constitution of the United States.
                                             to be the most oppressive of all Kingly op-
                                                                                                        The President’s response in his veto               Let’s vote with the Founders, who so
                                             pressions, and they resolved to frame the               message said that the resolution is in-               explicitly gave that power to this
                                             Constitution [so] that no one man should                sulting. Is it insulting to fight for our             Chamber and the Chamber down the
                                             hold the power of bringing this oppression              Constitution to be followed?                          hall. Let’s vote to say that the wisdom
                                             upon us.                                                   No, Mr. President, it is the responsi-             that has stood for more than 200 years
                                               But we are in a day and age where we                  bility of every Member here to fight for              should be the wisdom that prevails
                                             have the President who does not re-                     the Constitution to be followed, and                  today when we vote to override the
                                             spect the words of the Constitution,                    the most important issue we ever con-                 veto of the President of the United
                                             does not respect the vision of our                      sider on the floor of the Senate is the               States.
                                             Founders, does not understand the wis-                  issue of whether or not we are going to                 I yield the floor.
                                             dom that the issue of war and the asso-                 war.                                                    The PRESIDING OFFICER. The Sen-
                                             ciated huge toll in blood and huge toll                    It is not insulting. It is essential—es-           ator from Texas.
                                             in treasure is absolutely too important                 sential—to remind this President that                          VIOLENCE AGAINST WOMEN ACT
                                             a decision to be vested in a single per-                the wisdom of the Constitution stands                    Mr. CORNYN. Mr. President, the
                                             son, that it must be a product—a deci-                  today as it has for more than 200 years.              coronavirus has challenged our coun-
                                             sion to go to war must be the product—                     The President also cited authorities               try—indeed, the entire planet—like few
                                             of a considered debate of the U.S. Sen-                 he has under the 2002 authorization for               crises before, certainly in my lifetime.
                                             ate and the U.S. House of Representa-                   the use of military force. Well, let’s see            I was part of the post World War II gen-
                                             tives. That is why we proceeded to pass                 what that authorization actually said.                eration. No doubt, world war presented
                                             the resolution here in February and in                  It said this:                                         the preeminent crisis within memory.
                                             March down the hall, because the                          The President is authorized to use the              It was, I think, 1917 and 1918 when the
                                                                                                     Armed Forces of the United States as he de-           Great Influenza hit the planet and tens
                                             President has been beating the drums
                                                                                                     termines to be necessary and appropriate in
                                             of war since he came to office. He                                                                            of millions of people died in that.
                                                                                                     order to—
                                             started up by tearing up the Iran nu-                     (1) defend the national security of the                When this virus began spreading, it
                                             clear agreement, after the United                       United States against the continuing threat           became clear it would place a severe
                                             States had led the world in creating an                 posed by Iraq; and                                    strain on our hospitals and healthcare
                                             effective strategy to end the nuclear                     (2) enforce all relevant United Nations Se-         providers. As businesses closed their
                                             programs of Iran. He followed it with                   curity Council resolutions regarding Iraq.            doors and employees lost their jobs, it
                                             an economic war against Iran that has                     Now, I know people get confused                     was obvious it would take a toll on the
                                             inflicted great suffering on the people                 about Iraq and Iran, but, Mr. Presi-                  incredible economy we had in this
                                             of that Nation, and, then, so many                      dent—and I am speaking to the Presi-                  country. It is like it fell off a cliff.
                                             other escalatory provocations and re-                   dent of the United States—please, get                    The combination of new stresses
                                             sponses, that without the considered                    out a map and understand that Iraq is                 brought on by this virus have led to a
                                             response of Congress to remind him                      not Iran, that this does not give you                 range of lesser-known but no less se-
                                             that he does not have the power to go                   authority to go to war against Iran.                  vere consequences. Earlier this week, I
                                             to war, could take us into another Mid-                   The President also cites article II of              spoke     about     the      impact      the
                                             dle East war.                                           the Constitution, and he goes on at                   coronavirus is having on our country’s
                                               We here in the Senate must not allow                  some length in his veto message saying                mental health. As our lives have been
                                             that to happen. We saw the con-                         what limited powers this gives him.                   flipped upside down, many Americans
                                             sequences of the last Middle East war                     Well, Mr. President—and, again, I am                are facing financial struggles, isola-
                                             and the toll of the blood of our sons                   speaking to the President of the United               tion, and anxiety.
                                             and daughters and of our national                       States—that is not what is written in                    For those who have children at home,
                                             treasure. We saw that toll, and we                      the Constitution. That is not what is                 the challenges are compounded even
                                             must not allow a war to occur because                   embodied in the War Powers Resolu-                    further. A recent poll by the Kaiser
                                             of a President who disregards the Con-                  tion. That is not what our law and                    Family Foundation disclosed that
                                             stitution of the United States.                         international law provide as a basis for              nearly half of Americans polled re-
                                               The resolution that the Senate and                    going to war—that the President has                   ported that the coronavirus was having
                                             House passed, the Kaine resolution,                     sole power—and it is absolutely con-                  a negative impact on their mental
                                             says:                                                   trary to the complete history and                     health. That is up from one-third in
                                               Congress hereby directs the President to              founding of the United States of Amer-                March, and it is not surprising.
                                             terminate the use of United States Armed                ica, giving the power of war to this                     When we talk about the resources
                                             Forces for hostilities against the Islamic Re-          body and the House that is down the                   that we need to overcome this crisis,
                                             public of Iran or any part of its government            hall.                                                 the     relationship       between       the
                                             or military, unless explicitly authorized by a            In fact, international law and U.S.                 coronavirus and America’s mental
                                             declaration of war or specific authorization            law refer to issues like force being used             health cannot be ignored. Beyond the




dlhill on DSK120RN23PROD with SENATE
                                             for the use of military force against Iran.             as necessary and proportionate, and for               silent impact these stresses are having
                                               That, by the way, is exactly con-                     the President to be able to act when                  on individuals, they can quickly lead
                                             sistent with the War Powers Resolu-                     there is an imminent threat. And the                  to violence in relationships. We have
                                             tion, which is the law of the United                    President takes a shot at this in his                 learned that, in a time of crisis, the
                                             States of America that notes that the                   Trump veto message, referring to the                  frequency and severity of domestic vio-
                                             power of the President as Commander                     fact that he has powers that go far be-               lence incidents are likely to increase.



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                                             May 7, 2020                                       CONGRESSIONAL RECORD — SENATE                                                               S2307
                                             Texas experienced the heartbreaking                     waived this match requirement. This                   The current crisis has highlighted the
                                             reality of that trend in post Hurricane                 gives organizations the ability to use                serious need for additional support. I
                                             Harvey, and we are seeing it again now.                 the funding that they have for other                  am proud of the fact that, despite some
                                               Last month, I participated in a vir-                  purposes to fulfill their greatest needs.             of the normal dust-ups and squabbles
                                             tual roundtable with representatives                      Right now, one of the most urgent                   and disagreements here, we have large-
                                             from the Texas Council on Family Vio-                   needs is access to safe housing. If you               ly been able to act as one with passing
                                             lence, the Texas Association Against                    think about it, if you are stuck in an                legislation unanimously here in the
                                             Sexual Assault, and more than a dozen                   apartment with somebody who has                       Senate—the CARES Act—and to pass
                                             other organizations across my State                     abused you in the past, perhaps the                   other legislation to provide aid to
                                             that support survivors of domestic vio-                 danger is greater because there is no                 small businesses by unanimous con-
                                             lence. We discussed these stresses and                  money coming in the front door and                    sent.
                                             how they are impacting victims and                      maybe increased alcohol abuse. It is                    I would hope the spirit that moved us
                                             the barriers that are being created that                easy to see how the biggest need would                to act in unison before in response to
                                             make it harder for these organizations                  be a safe place to go. Victims can’t                  this coronavirus would cause us to do
                                             and people of good will to provide sup-                 move on from their abusers without a                  the same when it comes to reauthor-
                                             port.                                                   safe alternative to turn to, so it is im-             izing the Violence Against Women Act.
                                               One of these representatives was the                  portant that we make access to shel-                  There is a time for politics. There is a
                                             CEO of the Houston Area Women’s Cen-                    ters and housing as easy as possible.                 time for policy debates and differences,
                                             ter, Emily Whitehurst. Houston is the                     Even before the coronavirus out-                    but when it comes to reauthorizing the
                                             hardest hit area in our State, with                     break, I introduced a bipartisan bill                 Violence Against Women Act, this is
                                             about 7,000 cases in Harris County                      called the HEALS Act to help improve                  not that time.
                                             alone. Emily said that, in the early                    victims’ access to housing and the                      I can only hope that all of our col-
                                             stages of the virus spreading, they                     services they need. It prioritizes fund-              leagues will respond to the better an-
                                             weren’t sure whether they would see an                  ing for transitional housing and in-                  gels of our nature, particularly this
                                             increase in calls, given that stay-at-                  creases the ability to stay in that                   time of crisis when there are so many
                                             home orders meant people would be                       housing for victims to get back on                    people in danger of domestic violence
                                             isolated with their abusers, but they                   their feet. It also directs the Depart-               that we could pass the Violence
                                             soon found out the answer.                              ment of Housing and Urban Develop-                    Against Women Act reauthorization as
                                               In early April, the Houston Area                      ment to further plan on how best to                   soon as possible. I think there is more
                                             Women’s Center saw a 40-percent in-                     support victims of domestic violence.                 we can do and should be doing to sup-
                                             crease in the daily calls to their hot-                   As the Senate considers additional                  port victims of domestic violence. I
                                             line. Compared to the same time last                    legislation    in   response     to   the             know our colleagues across the aisle
                                             year, there was nearly a 50-percent in-                 coronavirus, we cannot lose sight of                  feel the same way. This should be a
                                             crease in requests for shelter. Many of                 these lesser-known consequences of the                nonpartisan endeavor.
                                             these organizations are already oper-                   pandemic. We need to continue to sup-                   In our efforts to strengthen our Na-
                                             ating on a tight budget and working to                  port and prioritize resources for sur-                tion’s response to the coronavirus and
                                             make sure every dollar goes as far as                   vivors, and one of the most critical                  support those harmed in its wake, as
                                                                                                                                                           we are doing that, we cannot allow vic-
                                             possible.                                               ways we can do that is by taking ac-
                                               As the need goes up, the advocates                                                                          tims of domestic violence and sexual
                                                                                                     tion on another piece of legislation
                                             and organizations who support sur-                                                                            assault to be left behind.
                                                                                                     called the Violence Against Women                       I yield the floor.
                                             vivors are trying to do more and more                   Act.                                                    I suggest the absence of a quorum.
                                             with less and less. I was able to discuss                 For more than 25 years, VAWA, as it                   The PRESIDING OFFICER. The
                                             the provisions of the CARES Act that                    is known, has been at the forefront of                clerk will call the roll.
                                             we passed on March 25, I believe it was,                our ability to support victims of do-                   The legislative clerk proceeded to
                                             and that was signed into law shortly                    mestic violence and sexual assault, and               call the roll.
                                             thereafter with the provisions we made                  until recently, it remained high above                  Mr. ROBERTS. Mr. President, I ask
                                             to try to offer some assistance. For ex-                the political fray. The first three times             unanimous consent that the order for
                                             ample, it provided $45 million for pro-                 the program came up for reauthoriza-                  the quorum call be rescinded.
                                             grams funded by the Family Violence                     tion, there were certainly some dis-                    The PRESIDING OFFICER. Without
                                             Prevention and Services Act. These                      agreements. That is normal, but we                    objection, it is so ordered.
                                             support a range of services, such as                    were able to finally pull together and                                   VE DAY
                                             emergency housing for domestic vio-                     reach a compromise.                                     Mr. ROBERTS. Mr. President, 75
                                             lence survivors and their children. At a                  Unfortunately, that did not prove to                years ago, the scene across America
                                             time when victims are isolated with                     be the case this time. When the time                  and Europe was quite different than
                                             their abuser and cut off from support                   came to once again reauthorize the Vi-                what we see today—thousands of peo-
                                             that they may otherwise have, these                     olence Against Women Act last year,                   ple waving flags, dancing, hugging,
                                             services are essential.                                 our friends across the aisle attempted                kissing in the streets, all covered in
                                               Our legislation also sent more fund-                  to use this must-pass piece of legisla-               confetti.
                                             ing to the National Domestic Hotline,                   tion to score some political points.                    In the early morning hours of May 7,
                                             which is based in Austin, TX, so it can                 Amid the gamesmanship, VAWA ex-                       1945, in the small town of Reims,
                                             continue to provide support and re-                     pired.                                                France, the Supreme Allied Com-
                                             sources to victims as the need expands.                   As someone who has been long inter-                 mander, Dwight David Eisenhower,
                                             As good as this funding was, it was                     ested in victims’ rights, I am an ardent              signed Nazi Germany’s surrender and
                                             nothing but a start, and our efforts                    supporter of our efforts to reauthorize               sent a cable to Washington and to Lon-
                                             cannot end there.                                       the Violence Against Women Act, and I                 don stating that the mission of the Al-
                                               One of the big needs that I discussed                 have constantly fought not only to                    lied forces was fulfilled, thus ending
                                             on my virtual meeting with various or-                  continue but to strengthen this pro-                  the Nazi pandemic of tyranny and
                                             ganizations was the need for flexibility                gram. That is why I am proud to have                  genocide. The surrender took effect on
                                             for funding. Organizations are required                 cosponsored the reauthorization bill in-              May 8, and for the first time since 1941,
                                             to match Federal funds they receive                     troduced by our friend and colleague,                 the U.S. Capitol was bathed again in
                                             with State or privately raised dollars,                 Senator ERNST from Iowa, which would                  light.
                                             but during this time of increased need,                 provide greater funding and stability                   Most military historians now agree




dlhill on DSK120RN23PROD with SENATE
                                             that administrative barrier turned into                 for this program at a time when both                  that it was Eisenhower’s unique skill
                                             a major roadblock.                                      are desperately needed.                               and persuasion that enabled the Allied
                                               In order to provide immediate relief                    The Violence Against Women Act has                  effort to be successful. As Winston
                                             so these groups can continue their life-                guided our Nation’s effort to confront                Churchill said, ‘‘There is only one
                                             saving work, last month, Governor                       domestic violence and sexual assault                  thing worse than fighting with allies
                                             Greg Abbott, the Governor of Texas,                     for more than a quarter of a century.                 and that is fighting without them.’’



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                                             S2308                                             CONGRESSIONAL RECORD — SENATE                                                            May 7, 2020
                                               Simply put, Ike led the effort to pre-                  Mr. MENENDEZ. Madam President, I                    threats and dangers, and we must stand
                                             serve Western democracy and freedom,                    ask unanimous consent that the order                  in support of our allies and partners, it
                                             and later, as President in 1953, America                for the quorum call be rescinded.                     is our responsibility to ensure that he
                                             experienced 8 years of peace and pros-                    The PRESIDING OFFICER. Without                      is taking the right actions to protect
                                             perity.                                                 objection, it is so ordered.                          Americans and our interests.
                                               Tomorrow, on the 75th anniversary of                                      S.J. RES. 68                         The President does not have the au-
                                             the victory of Europe—what we call                        Mr. MENENDEZ. Madam President, I                    thority to undertake any kind of mili-
                                             Victory in Europe Day, VE Day—the                       rise to override the President’s veto of              tary action he likes, nor does he have
                                             Eisenhower Memorial Commission was                      S.J. Res. 68, which requires the re-                  the prerogative to sell weapons to any
                                             set to dedicate the long-awaited Presi-                 moval of U.S. troops from hostilities                 country he likes absent congressional
                                             dential memorial to Dwight David Ei-                    against Iran that Congress may not                    consultation and approval. Unfortu-
                                             senhower right on the Mall in our Na-                   have authorized.                                      nately, as has become a pattern with
                                             tion’s Capital, just two blocks away.                     It seems like ages ago that we were                 this administration, the legal rational
                                               Eisenhower once said: ‘‘Plans may                     truly on the brink of a potentially dev-              it has offered for these attacks
                                             end up as worthless, but planning is ev-                astating, costly, and unnecessary war                 stretches the bounds of credulity.
                                             erything.’’ How right he was. The Com-                  against Iran, but it was actually just a                 Following a number of briefings from
                                             mission has set aside our plans for the                 few months ago.                                       the administration, I found no compel-
                                             dedication and is now planning a wor-                     Make no mistake—even as Iranians                    ling evidence as to what was the immi-
                                             thy ceremony in the fall. There is                      have suffered the worst outbreak of                   nent threat or the clear and present
                                             precedent for this delay. Just as Amer-                 COVID–19 in the Middle East, we have                  danger to Americans. In fact, following
                                             ica is pulling together to fight to de-                 witnessed Iran continue its support for               the death of Soleimani, we saw even
                                             feat the COVID–19 virus, the Eisen-                     terrorism, harassment of American                     more attacks on American assets and
                                             hower administration was working                        naval vessels, and general malfeasance                interests.
                                             with the public and the private sector                  throughout the region. Indeed, it now                    Just a few weeks ago, Iran was
                                             until a vaccine was developed by Dr.                    seems that Iran may be principally re-                harassing our ships in the Arabian
                                             Jonas Salk and disseminated all                         sponsible for driving the spread of                   Gulf, and Iran also claims to have
                                             throughout our country. Shortly there-                  COVID–19 throughout the region. I                     launched a military satellite into
                                             after, an oral and more effective vac-                  don’t think there is any question about               orbit. It does not sound like the admin-
                                             cine was developed by Dr. Albert Sabin.                 Iran’s malign activity.                               istration’s actions have meaningfully
                                             Today, polio is virtually eradicated.                     More to the point of the legislation                ‘‘restored deterrence’’ of any kind
                                             Today we face the same challenge.                       at hand, I shed no tears for Qassem                   against Iranian malign activity.
                                               The Eisenhower Memorial, which                        Soleimani, who left a legacy of ter-                     Additionally, let me reiterate that
                                             pays tribute to Ike’s leadership as both                rorism,   bloodshed,    and   American                the idea that somehow the administra-
                                             the Supreme Allied Commander and                        deaths. However, this body has a con-                 tion has the authority under the 2002
                                             the 34th President of the United                        stitutional responsibility and preroga-               AUMF to attack Soleimani simply be-
                                             States, is located on the National Mall                 tive to declare war, to make the deci-                cause he was in Iraq is completely ludi-
                                             and will not only honor an extraor-                     sion about whether to send our sons                   crous. As someone who voted against
                                             dinary man but will also be a symbol                    and daughters into battlefields. We                   the war in Iraq when I was in the House
                                             for all generations of the promise of                   have the responsibility to ensure that                of Representatives during the debate
                                             America and what our values make                        the Executive is effectively deploying                over whether to authorize military ac-
                                             possible within our Nation and all over                 every diplomatic tool it can before                   tion, I can assure you that it was not
                                             the world.                                              rushing recklessly into battle, particu-              its intention of that 2002 authorization
                                               I can personally attest to the impact                 larly one without clearly defined out-                for the use of military force, and it
                                             Eisenhower had on my life. My dad,                      comes or clarity of purpose. We must                  does not comport with the history, the
                                             Wes Roberts, was the Citizens for Ike                   exercise our check over the Executive,                use, or the plain reading of the text.
                                             chairman during the 1952 campaign and                   particularly when it comes to the life                   Colleagues, I urge you to stand up for
                                             instrumental in the first ballot victory                and death of Americans.                               our congressional prerogatives, our
                                             over Senator Robert A. Taft from Ohio.                    Yet this administration continues to                congressional responsibilities, and our
                                             He later—my dad—became national                         test the strength of our system of                    constitutional responsibilities, and to
                                             chairman of the Republican Party. So                    checks and balances. We saw it with                   make clear to the President that we
                                             at 16 years old, I was a wide-eyed ser-                 this strike against Soleimani. Then it                are a coequal branch of government
                                             geant at arms during the Chicago Con-                   played out several times last year re-                that will hold the Executive account-
                                             vention and later attended Ike’s inau-                  garding congressional prerogatives on                 able.
                                             gural ceremonies in Washington, com-                    arms sales.                                              I want to thank Senator KAINE for
                                             plete with white tie and tails. I met                     This is not the first time the Presi-               his dedication to this issue and to de-
                                             him both times.                                         dent has faced a vote to override his                 fending our constitutional rights.
                                               When Ike came into a room, even if                    veto. Last year, the House and the Sen-                  I yield the floor.
                                             you had your back to him, you knew he                   ate made overwhelmingly clear that we                    The PRESIDING OFFICER. The Sen-
                                             was there. He had a ruddy complexion                    had concerns about sales of certain                   ator from Tennessee.
                                             and a great and wonderful smile. Ev-                    weapons to Saudi Arabia following its                                    CORONAVIRUS
                                             eryone he met liked Ike. As my lapel                    disastrous campaign in Yemen and the                    Mr. ALEXANDER. Madam President,
                                             button indicates, we still like Ike.                    murder of Jamal Khashoggi.                            I want to report on an important hear-
                                               I have now come full circle, serving                    As the administration seeks to sell                 ing the Senate HELP Committee just
                                             as the chairman of the Eisenhower Me-                   more weapons overseas, the Congress                   completed. Senator MURRAY and I or-
                                             morial Commission. I know there will                    will continue to assert our prerogative               ganized it. We heard from Francis Col-
                                             be dancing in the streets again, and we                 when it comes to foreign policy and                   lins, the distinguished scientist who is
                                             will be able to live our lives freely and               war-making. So, as I did earlier this                 head of the National Institutes of
                                             safely, as Ike and the ‘‘greatest genera-               year, I stand in strong support of S.J.               Health, about his new program, funded
                                             tion’’ fought to secure. We will dedi-                  Res 68. This body must assert its con-                by Congress, to spend $1.5 billion, or
                                             cate the memorial to Kansas’s favorite                  stitutional and congressional preroga-                $2.5 billion if you include the money we
                                             son and one of our greatest Presidents.                 tive.                                                 gave to BARDA, to develop a new tech-
                                             After all, Ike never gave up, and nei-                    Of course, the President has the right              nology that will produce tens of mil-




dlhill on DSK120RN23PROD with SENATE
                                             ther will we.                                           to take action to defend against immi-                lions of rapid diagnostic tests for
                                               I suggest the absence of a quorum.                    nent threats to the homeland and to                   COVID–19.
                                               The PRESIDING OFFICER (Mrs.                           Americans abroad. No one disputes                       Mr. President, my opening statement
                                             FISCHER). The clerk will call the roll.                 that—no one. While the President has                  at that hearing can be found online at
                                               The bill clerk proceeded to call the                  the right to take action to protect                   https://www.alexander.senate.gov/pub-
                                             roll.                                                   Americans     from    truly   imminent                lic/index.cfm?p=           SpeechesFloor



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                                             May 7, 2020                                       CONGRESSIONAL RECORD — SENATE                                                                S2309
                                             Statements&id=1AF0B54F-A9EC–4007–                       sick. We don’t know exactly how many                  who is head of the Food and Drug Ad-
                                             9146–E8D386531C4F.                                      that is. I would guess—and I am no sci-               ministration, which has to approve the
                                               I would like to refer to a speech made                entist, but just from the scientists I                safety and effectiveness of all these
                                             by the former majority leader of the                    talk to, I am guessing that in Ten-                   ideas; and Admiral Giroir, who is co-
                                             Senate, Bill Frist, in 2005, which re-                  nessee it is 3, 5, 7 percent of us who                ordinating testing.
                                             minds us that we have been working on                   might have this virus, and maybe half                   Dr. Collins also said that we are
                                             these programs for a long time and                      of us or some of us have symptoms, and                making great strides in treatments and
                                             which can be found online at https://                   the rest of us don’t. But what we need                in vaccines. Congress has appropriated
                                             asecondopinionpodcast.com/frist-pre-                    to do is identify who those people are                $3 trillion—I see my friend from Okla-
                                             dicts-global-pandemic/. On April 13,                    and quarantine them for 2 weeks or                    homa here, so I will come to a conclu-
                                             ‘‘The American Mind’’ published Sen-                    help them in the hospital, and then the               sion so he can have his time—Congress
                                             ator Frist’s essay, ‘‘A Storm for Which                 rest of us can go back to school and                  has appropriated $3 trillion, but the
                                             We Were Unprepared,’’ which can be                      back to work. We can’t do that without                most important money we have appro-
                                             found        online       at      https://              tens of millions of more tests, even                  priated goes for tests, treatments, and
                                             americanmind.org/essays/a-storm-for-                    though we are testing more people                     vaccines.
                                             which-we-were-unprepared/.                              than any other country in the world.                    Dr. Collins is leading the accelerated
                                               Senator Frist’s speech, which was                       That is what we are talking about,                  effort with nearly 1,000 proposals now
                                             made at a time when we were dealing                     and we are so fortunate to have Dr.                   that were set up in record time—sort of
                                             with 9/11 and before Ebola but SARS                     Francis Collins, who headed the Human                 a mini-Manhattan Project—to take the
                                             and other viruses, he predicted exactly                 Genome Project, to lead that effort. He               brainpower of this country and see if
                                             what is happening—we are going to                       has been at the National Institutes of                we can find a new way to create these
                                             have a virus this year, and we will have                Health for 27 years. He led it during                 rapid tests and then work with BARDA
                                             another one, and then we will have an-                  President Obama’s time and during                     and manufacturers to produce tens of
                                             other one.                                              President Trump’s time. He has invited                millions of them so we can go back to
                                               Since that time, over the last 20                     the best ideas from around the country                school in August and millions more so
                                             years, we have had three Presidents—a                   and gotten more than 1,000 proposals.                 that we can get ready for the flu sea-
                                             Bush, an Obama, and a Trump—several                     We call it a shark tank because there is              son.
                                             Congresses who passed seven big laws.                   a reality television show where entre-                  There are also promising treatments,
                                             We have created a stockpile, we have                    preneurs fight to see who can win.                    medicines that will be ready by the
                                             created an Assistant Secretary for Pre-                 Well, all we need is one or two or three              summertime. As Senator KENNEDY
                                             paredness, and we have spent the last 5                 winners of the sharks swimming                        from Louisiana observed in one of our
                                             years with record investments in the                    around in this tank, and then                         meetings, what bothers most people
                                             National Institutes of Health.                          BARDA—our other agency that is in-                    about this disease is that they might
                                               We were in a situation where, on
                                                                                                     volved—can go to work with manufac-                   die from it. There is no medicine to
                                             March 1, the New York Times reported
                                                                                                     turers and begin to produce tens of mil-              treat it. Well, now there is one ap-
                                             that ‘‘most experts agree,’’ the Times
                                                                                                     lions of these tests. How quickly? We                 proved by the FDA, and there should be
                                             reported on its front page, that the
                                                                                                     don’t know, and we shouldn’t predict                  more by the summer.
                                             United States is better prepared than
                                                                                                     things we don’t know, but our goal is                   Finally, the administration has set
                                             almost any country to deal with this
                                                                                                     to produce millions more tests by Au-                 as a very aggressive goal the only
                                             epidemic. Yet we were not as well pre-
                                                                                                     gust, when 100,000 public schools want                thing that will really put us back to
                                             pared as we would like to have been.
                                               So we had a hearing today, one, to                    to open and 5,000 colleges want to open,              anything approaching normal, which is
                                             focus on this shark tank, as Senator                    first, by accelerating all the known                  a vaccine. Their goal is that we would
                                             BLUNT and I like to call it, where Dr.                  technologies, and second, by finding                  produce 100 million doses by September
                                             Collins is inviting the best ideas from                 some mighty white shark in this shark                 and 300 million by the end of the year,
                                             around the country for new tech-                        tank that produces a new technology.                  which is much more rapid than we have
                                             nologies.                                                 There is a lot of talk about antigen                ever done before. I have no idea wheth-
                                               That is not to say we haven’t been                    tests. There is one proposal that would               er it is possible, but I like the idea of
                                             testing. The United States, according                   have you take just a simple nose                      the goal.
                                             to Johns Hopkins and President                          swab—not the kind of thing that goes                    So the shark tank for the tests, the
                                             Trump, has tested 7 million Ameri-                      all the way back into your throat but                 acceleration of treatments for the sum-
                                             cans—more than any country; more per                    a simple nose swab, maybe even saliva.                mer, the warp speed vaccination—all in
                                             capita, for example, than South Korea,                  You take a picture of it with your cell               a country that has everybody working
                                             which we often admire for the way it                    phone, and if it is positive, it tells you            hard on the problem. Yes, there was a
                                             has dealt with COVID–19. So we are                      and it sends that to your doctor. It is               bump in the CDC tests to start with,
                                             testing a lot of people.                                that simple. It is as simple as a preg-               but today we have tested 7 million peo-
                                               But if we want to go back to work                     nancy test. That would be a screening                 ple—more than any other country. And
                                             and we want to go back to school, we                    test, and you might need to take a sec-               I think it is important for the Amer-
                                             are going to need to have quick, reli-                  ond test to confirm it because some of                ican people to know that on tests,
                                             able tests for everybody in the nursing                 these screening tests aren’t 100 per-                 treatments, and vaccines, we are all
                                             home, everybody in the meatpacking                      cent.                                                 working as hard as we can.
                                             plant, everybody maybe on the college                     We had a very good hearing. We                        I yield the floor.
                                             campus, everybody in a graded school.                   heard from Dr. Collins. We have ex-                     The PRESIDING OFFICER. The Sen-
                                             We are going to have such widespread                    actly the right person. We have good                  ator from Oklahoma.
                                             testing that people will be willing to                  cooperation with BARDA, the agency                             REMEMBERING THOMAS COBURN
                                             come out of their homes and go back to                  that has done so much good work, and                    Mr. LANKFORD. Mr. President, I rise
                                             work. That is one reason we need the                    I am looking forward to the results.                  to pause and remember March 28, 2020.
                                             testing.                                                  I would say to my colleagues, we                    It is a day that Oklahomans and the
                                               The second reason we need the test-                   have another hearing scheduled. We are                Nation lost a patriot and a friend to
                                             ing is because it helps contain the dis-                doing our job of oversight. On next                   many.
                                             ease. We know how to stop the spread                    Tuesday, Senator MURRAY and I have                      I stand here at this desk that I have
                                             of the disease. If every single one of us               scheduled a hearing on safely back to                 used for the past 5 years, but before it
                                             just stayed in our room, it wouldn’t                    school and back to work. That will fea-               was my desk, it was the desk of Dr.




dlhill on DSK120RN23PROD with SENATE
                                             spread. We have come pretty close to                    ture Dr. Fauci, who has become some-                  Tom Coburn.
                                             doing that for the last 5 weeks and                     thing of a television personality over                  A few days after we gaveled out in
                                             nearly destroyed our economy in the                     the last 3 or 4 weeks, but he has ap-                 March, Dr. Coburn took his first breath
                                             process, but we had to do it.                           peared before our committee many                      in Heaven, where he was finally cancer-
                                               The other way to do it is have enough                 times; Dr. Redfield, who is head of the               free, finally pain-free, and living in the
                                             tests to identify the people who are                    Centers for Disease Control; Dr. Hahn,                presence of Jesus, where there is no



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                                             S2310                                             CONGRESSIONAL RECORD — SENATE                                                           May 7, 2020
                                             government waste and no inefficiency,                   Congress—the person who studies and                   run by a lawyer named Eric Conn, a
                                             where there is no conflict, and liberty                 the committee chairman. Study more                    Kentucky lawyer who filed thousands
                                             is absolutely eternal. We will miss his                 than anyone else, know the issue, and                 of bogus disability applications.
                                             sage advice, his blunt perspective, and                 you can get it done.                                    He was a master of Senate rules—his
                                             his steadfast wisdom.                                     His tenacity on every issue was leg-                clay pigeon amendment is legendary in
                                               Dr. Coburn served in this Chamber                     endary. POLITICO once summarized it                   Senate procedure. He was one of the
                                             for 10 years, from 2005 to 2015, but he                 well, saying: ‘‘A typical bill moving                 unlikeliest Members to vote for TARP
                                             also served in the House of Representa-                 through the Senate has a number of in-                in 2008. It was probably one of the hard-
                                             tives for 6 years, from 1995 to 2001. The               stitutional hurdles to clear: sub-                    est votes that he took, but when he
                                             one title he carried in both of those                   committee, committee, leadership and                  looked at the facts in front of him, he
                                             Chambers was ‘‘Doctor,’’ and that was                   Coburn. It’s that last one that you                   saw that it was the right thing to do.
                                             his preferred term.                                     won’t find in a textbook.’’                           That was ultimately what it boiled
                                               Thomas Allen Coburn was born in                         His staff were wholly devoted to the                down to—he was willing to do the right
                                             Casper, WY, on March 14, 1948. Dr.                      cause, not necessarily because of him                 thing, no matter what the cost. He op-
                                             Coburn graduated from Central High                      but because of the mission. One of his                posed what needed opposition, but he
                                             School in 1966. In 1968, he married                     former staffers wrote this after Dr.                  would prefer to argue in private to re-
                                             Carolyn Denton—by the way, the 1967                     Coburn passed:                                        solve an issue rather than in public, al-
                                             Miss Oklahoma. They had three daugh-                      We blocked a lot of bills. We offered a lot         though he was clearly not afraid to
                                             ters and nine grandchildren.                            of amendments. We lost a lot of votes. We
                                                                                                                                                           argue in public.
                                                                                                     highlighted a lot of wasteful spending. We
                                               At Oklahoma State University, Dr.                                                                             After years of serving families as
                                                                                                     irked a lot of people. And over time, we
                                             Coburn was an honor student and presi-                  started changing how business was done.               their physician—a task he continued
                                             dent of the student business council.                   Bills that added new spending couldn’t pass           on weekends even when he was in the
                                             He graduated in 1970 with a bachelor’s                  without offsets. Program duplication became           House of Representatives—the Senate
                                             degree in accounting.                                   part of the lexicon. The practice of ear-             Ethics Committee ruled that Dr.
                                               After the family business he worked                   marking went away. People started paying              Coburn was violating conflict of inter-
                                             at was sold, he attended medical school                 attention to government waste.                        est rules by holding an outside job and
                                             at the University of Oklahoma and re-                      Doctor Coburn’s annual ‘‘Wastebook’’               prohibited him from practicing medi-
                                             ceived his medical degree with honors                   became one of the more high-profile re-               cine as a Senator. Dr. Coburn then just
                                             in 1983. He interned at St. Anthony’s                   ports coming out of Washington each                   stopped taking payment and did his
                                             Hospital in Oklahoma City. In 1986, he                  year. Over the years, Dr. Coburn and                  work as a physician pro bono, and the
                                             founded the Muskogee Family Medi-                       his team highlighted trillions in ques-               Ethics Committee also rejected that
                                             cine practice, which is still in oper-                  tionable spending on low-priority items               plan and prohibited him from working
                                             ation today.                                            that taxpayers were unwittingly pay-                  pro bono, even as a physician.
                                               His victory over melanoma as a                        ing for. Any spending that proved to be                 Ironically, I am now the chairman of
                                             young man inspired him to become a                      classic Federal wastefulness, duplica-                Ethics for the Senate. The last time I
                                             physician. He stated he wanted to give                  tive, fraudulent, or purely ineffective,              visited with Dr. Coburn at his house in
                                             back because he had been given to. Un-                  likely made the list each year. The                   February, in the middle of our long,
                                             fortunately, that battle with mela-                     ‘‘Wastebook’’ became an annual ral-                   great conversation, he said to me:
                                             noma when he was a young man was                        lying cry for taxpayers frustrated by                 Since you are the chairman of Ethics,
                                             not his last battle with cancer.                        Washington’s spending habits. Phrases                 why don’t you get that rule changed
                                               As a physician, his dedication to his                 that are common in American political                 and allow doctors to still practice med-
                                             patients was inexhaustible. Over his                    conversations today, like ‘‘the bridge                icine while they are in the Senate?
                                             career, he delivered 4,000 babies and                   to nowhere,’’ ‘‘shrimp on a treadmill,’’              That is wrong. That needs to be fixed.
                                             would often see 30 patients a day in his                ‘‘term limits,’’ and ‘‘earmarks,’’ were                 Even in the end, he was still working
                                             office.                                                 all battles that he fought to win.                    to right what was wrong.
                                               After his election to the House of                       In 2010, in a fight over the debt limit              Many people know that when Dr.
                                             Representatives in 1994, he would fly                   increase, Dr. Coburn created an annual                Coburn left the Senate, he spent his
                                             home from Washington, DC, so that he                    report from the Government Account-                   time trying to fix Congress—still work-
                                             could continue to see his patients on                   ability Office on government duplica-                 ing on term limits and a balanced
                                             weekends—a schedule he maintained                       tion. It seemed like just another gov-                budget amendment.
                                             for the entire 6 years he spent in the                  ernment report, but that report—that                    If you have not seen it, you should
                                             House. He was a doctor all the time.                    report that he passed in 2010—has saved               read some of the things his former staff
                                               It was not uncommon for him to be                     taxpayers $262 billion dollars so far.                wrote about Dr. Coburn after he passed
                                             in a conversation with someone, and                        Dr. Coburn and his team were in the                away a few weeks ago. Any Senator in
                                             right in the middle of the conversation,                fights worth fighting, but they were                  this Chamber could only wish that our
                                             he would ask them how they were feel-                   battling on the playing field of ideas                staff looked up to us as much as his
                                             ing because he had picked up some-                      and policy proposals, not against peo-                staff looked up to him.
                                             thing in their demeanor that he                         ple. In a town that wants to label ev-                  I thought the best way to honor Dr.
                                             thought was a little bit wrong.                         erything left versus right, liberal                   Coburn today, though, was to remind
                                               Dr. Coburn was a deacon and a Sun-                    versus conservative, Dr. Coburn and his               this body of what Dr. Coburn said as he
                                             day school teacher.                                     team didn’t have any criteria to meet                 walked out of this body—his farewell
                                               In all the story that I have told you,                for those who joined them in the fight;               speech. Among the many things he
                                             if you are looking for some element of                  they were willing to pull together any                said, he challenged the Senate and Sen-
                                             politics in the background, you won’t                   ally. You didn’t have to agree on every-              ators by saying this:
                                             find it until 1994. His decision to run                 thing, but as long as you agreed on a                   The Senate was designed uniquely to force
                                             for Congress in 1994 was a long shot. He                couple things in front of you, that is                compromise, not to force gridlock—to force
                                             narrowly won, becoming the first Re-                    what mattered. The friendships that                   compromise. One Senator had the power to
                                             publican to represent Oklahoma’s Sec-                   were forged in the fight were genuine,                stop everything for the first 100 years but it
                                             ond Congressional District in 73 years.                 true, and certainly unique.                           didn’t because compromise was the goal.
                                               He went to Congress as a man on a                        He was the chief sponsor of President                Our Founders understood there were
                                             mission. He was determined to help                      Obama’s USASpending.gov to increase                   many differences between the States in
                                             solve the Nation’s problems. His focus                  transparency in government spending.                  size, in geography, economy, and opin-




dlhill on DSK120RN23PROD with SENATE
                                             was not Oklahoma; it was the Nation.                    He was a champion for HIV/AIDS pa-                    ions. They united the States as one
                                               I remember asking him privately be-                   tients and medical research to save                   country based upon the premise that
                                             fore I started serving in the House of                  lives. He was a tenacious fighter                     the many are more powerful than the
                                             Representatives how he made a dif-                      against Social Security disability                    one. As Senators, we have to follow
                                             ference. His answer was that there are                  fraud, eventually exposing a $1 billion               this example.
                                             two people who make a difference in                     Social Security scam in West Virginia                   Then, he said this:



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                                             May 7, 2020                                         CONGRESSIONAL RECORD — SENATE                                                                  S2311
                                               I’ve not always done that—I admit that                  that we had in February about S.J.                    debates about that, obviously—but also
                                             freely to you. I should have.                             Res. 68 was about the importance of                   citing the Iraq war resolution of 2002. I
                                               As Senators, we must follow the ex-                     Congress in one of the most important                 have not heard anyone assert that as a
                                             ample and stand for our principles, but                   responsibilities we have, whether or                  justification for killing an Iranian
                                             working to find those areas of agree-                     not the Nation would go to war.                       leader. That resolution, which is now
                                             ment where compromise can be found                          We specified in that resolution that                essentially dead letter, was designed to
                                             to unite and move our country forward.                    except to defend the Nation against at-               topple the government of Saddam Hus-
                                             Not all the powers of the Senators are                    tack or imminent attack, the United                   sein, and to use that as a resolution to
                                             exercised on the Senate floor. Each                       States would not be engaged in war                    attack members of the Iranian Govern-
                                             Member of the Senate has a unique role                    with the government of Iran absent a                  ment is a stretch.
                                             to participate and practice oversight                     congressional vote. It passed this body                 Finally, the President says:
                                             and to hold the government account-                       by a healthy bipartisan margin and                      We live in a hostile world of evolving
                                             able. That is part of our duties, except                  also passed the House by a bipartisan                 threats, and the Constitution recognizes that
                                                                                                       margin. The President has vetoed S.J.                 the President must be able to anticipate our
                                             most often that is the part of our du-
                                                                                                                                                             adversary’s next moves and take swift and
                                             ties that is most ignored.                                Res. 68, and the next vote at 1:30 will be            decisive action and response.
                                               True debates about national prior-                      on whether to override the veto. I
                                                                                                                                                                He concludes:
                                             ities would come about if we did effec-                   know what the votes will be because we
                                                                                                                                                               Congress should not have passed this reso-
                                             tive oversight. It is the Senate, once                    have already voted on this once.                      lution.
                                             hailed as the world’s greatest delibera-                    I want to just focus for a minute on
                                                                                                       the President’s veto statement, which I                 You cannot tell the article I branch
                                             tive body, where these differences
                                                                                                       think is instructive. When he vetoed                  how to do its job. We can’t tell the ar-
                                             should be argued. Our differences
                                                                                                       S.J. Res. 68, this was his primary rea-               ticle II branch how to do its job. But
                                             should be resolved through civil dis-
                                                                                                       son—the first thing he said:                          for the President to say it is insulting
                                             course so they are not settled in the
                                                                                                                                                             for Congress to take up matters of war
                                             streets. Just as the Constitution pro-                      This was a very insulting resolution intro-
                                                                                                       duced by Democrats as part of a strategy to           and peace and that we should not have
                                             vides for majority rule in our democ-                                                                           passed the resolution, to me, dem-
                                             racy, while protecting the rights of in-                  win an election on November 3 by dividing
                                                                                                       the Republican Party. The few Republicans             onstrates a fundamental misunder-
                                             dividuals, the Senate must return to                                                                            standing of the importance of the arti-
                                                                                                       who voted for it played right into their
                                             principles to bring trust to the elec-                    hands.                                                cle I branch.
                                             torate, and it can.                                                                                               We are not an article 21⁄2 branch, and
                                                                                                         What I find so notable about that
                                               The theme of his whole farewell                                                                               we are not required to play ‘‘Mother
                                                                                                       statement is that the President could
                                             speech centered around this one state-                                                                          May I’’ with the President. We have
                                                                                                       not see Congress expressing an opinion
                                             ment:                                                                                                           our own independent responsibilities
                                                                                                       about war through any lens other than
                                               We do not have one problem we cannot                                                                          that we swear to uphold.
                                                                                                       himself and his reelection on November
                                             solve. There is nothing too big for us. They                                                                      S.J. Res. 68, in my view, was a great
                                             are all solvable.                                         3. As everyone in this Chamber knows,
                                                                                                       the bill was not a partisan bill. It was              example of coming together in a bipar-
                                               On this National Day of Prayer, I be-                   introduced with an even number of bi-                 tisan way to uphold those responsibil-
                                             lieve it is entirely appropriate that we                  partisan Senators. It was not part of a               ities. I urge my colleagues to vote to
                                             pray for Dr. Coburn’s family, friends,                    strategy to hurt President Trump. I                   override President Trump’s veto of the
                                             and former staff, who will miss his                       have advocated these same positions,                  resolution.
                                             friendship and his counsel, and so will                   as have other Members of this body,                     Mr. DURBIN. Mr. President, we are
                                             our Nation.                                               under Presidents who were both Demo-                  here today to ensure the Senate fulfills
                                               I pray that Carolyn, their daughters,                   crat and Republican. The Republican                   its constitutional duties in having the
                                             and their families cherish the memo-                      Senators and Democratic Senators who                  sole power to send U.S. troops to war.
                                             ries of a husband, dad, and grandfather.                                                                          Article 1, section 8 of the U.S. Con-
                                                                                                       voted for it and those who voted
                                             Our State and our Nation will be for-                                                                           stitution is explicit in saying the
                                                                                                       against it had particular views about
                                             ever grateful for your sacrifice. I pray                                                                        power to declare war is an explicit
                                                                                                       the allocation of constitutional war
                                             that the task Dr. Coburn began would                                                                            power of the Congress.
                                                                                                       powers, but in no way was this par-                     Congress overwhelming reaffirmed
                                             be completed for the sake of our liberty                  tisan, and in no way was it part of a
                                             and of our future, and I pray that this                                                                         this Constitutional provision when it
                                                                                                       strategy dealing with the November 3                  passed the War Powers law in 1973 over
                                             body will take up the challenge he left                   election.
                                             on this floor: to solve the hard prob-                                                                          the veto of President Nixon after the
                                                                                                         For President Trump to look at a
                                             lems we face as a nation together.                                                                              American people were lied to by both
                                                                                                       matter of war and peace and the Con-
                                               I yield the floor.                                                                                            political parties about that war.
                                                                                                       stitutional obligations of Congress                     Under the law, the President has the
                                               The PRESIDING OFFICER. The Sen-                         through the lens of the November elec-
                                             ator from Virginia.                                                                                             authority to approve military attacks
                                                                                                       tion, frankly, shocked me.                            as a response to an imminent threat or
                                                             ADDITIONAL COSPONSOR                        The President, later in the state-
                                               Mr. KAINE. Mr. President, I ask                                                                               with the expressed authorization of
                                                                                                       ment, said:                                           Congress.
                                             unanimous consent to add my col-                            The United States is not engaged in the               Neither of these was the case with
                                             league, Senator BROWN from Ohio, as a                     use of force against Iran.
                                                                                                                                                             President Trump’s decision to kill Ira-
                                             cosponsor to S.J. Res. 68.                                  Let’s be clear. The U.S. military en-               nian General Suleimani in January, a
                                               The PRESIDING OFFICER. Without                          gaged in military action that wiped out               decision that led to a horrific missile
                                             objection, it is so ordered.                              Iran’s top military commander. If any                 attack on U.S. forces in Iraq and only
                                                                   S.J. RES. 68                        other Nation did that to our Secretary                further added to ongoing tensions with
                                               Mr. KAINE. Mr. President, I rise to                     of Defense or Chairman of the Joint                   Iran.
                                             speak about President Trump’s veto of                     Chiefs of Staff, would we call that a use               The majority leader has argued that
                                             S.J. Res. 68, a veto that he commu-                       of force against the United States? Of                the War Powers law is somehow only
                                             nicated to the Senate by a statement                      course we would. As for the strike                    relevant to thousands of troops being
                                             yesterday afternoon. We debated this                      against General Soleimani, you might                  deployed to a Vietnam type situation,
                                             at length in February. So there is no                     say it was a great thing. The President               not a military action the President ar-
                                             need to spend too much time on the                        advocated for it. No one is sad that                  gues is simply a deterrence.
                                             substance.                                                General Soleimani does not exist. But                   Well, that is a dangerous rationale




dlhill on DSK120RN23PROD with SENATE
                                               I was proud of the resolution, cospon-                  rather than justifying it as a necessity,             argument and exactly what this law
                                             soring it in a bipartisan way, to assert                  the President says it was not a use of                had in mind, the reckless or creeping
                                             the importance of the Senate. I very                      force against Iran.                                   escalation to war without the author-
                                             much appreciated hearing my col-                            The President goes on to say that the               ization of Congress.
                                             league from Oklahoma talk about the                       strike was justified by law, citing arti-               In fact, the recent briefing by the ad-
                                             importance of the Senate. The debate                      cle II of the Constitution—we had some                ministration on Iran was filled with



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                                             S2312                                             CONGRESSIONAL RECORD — SENATE                                                         May 7, 2020
                                             echoes of the Gulf of Tonkin, vague as-                 tack had been ordered by the Iranian                     That is why we are here. And that is
                                             sertions used to justify stunning mili-                 Government.                                            why the Framers of the Constitution
                                             tary escalation in Vietnam.                                But the President’s advisers, who                   vested the authority to go to war with
                                               It raised serious concerns about what                 have supported a maximum pressure                      the legislative branch and not the exec-
                                             we are being told about the justifica-                  campaign that has risked military con-                 utive branch. They placed the author-
                                             tions for the attack and showed little                  flict with Iran, did not wait for clear-               ity to go to war squarely with the peo-
                                             evidence of an imminent threat and                      cut evidence of Iran’s involvement to                  ple’s representatives.
                                             this from an administration whose                       try to push us closer to war. Senior ad-                 At this point in time, all national re-
                                             President has made more than 18,000                     visers to the President, including Sec-                sources must be directed toward the
                                             misleading or false statements already.                 retary of State Pompeo, strongly ar-                   public health and economic crisis fac-
                                               Certainly nothing in the briefings of-                gued that the U.S. should launch a di-                 ing our Nation. Now is the time to send
                                             fered the Senate convinced me that the                  rect attack upon Iran in retaliation.                  a message to this President and those
                                             administration even thinks it needs                        Pentagon     and    military   leaders              in his administration who seem to be
                                             congressional authorization for taking                  pushed      back    against     Secretary              always itching to escalate the conflict,
                                             escalatory actions.                                     Pompeo’s call for military action in-                  that initiating war against Iran is not
                                               That is why I joined Senator KAINE                    side Iran, warning that a large-scale re-              this President’s or any President’s
                                             in invoking the War Powers Act. This                    sponse within Iran’s borders could draw                choice to make.
                                             Senate should not allow the county to                   us into a wider war with that country.                   Mr. KAINE. I yield the floor.
                                             led into another Middle East war with-                     Thankfully, these cooler heads pre-                   The PRESIDING OFFICER. The Sen-
                                             out its consent.                                        vailed, and the President ended up or-                 ator from Oklahoma.
                                               And the Constitution is clear on this;                dering night airstrikes against the mi-                  Mr. INHOFE. Mr. President, this is
                                             Article I section 8 states that the                     litia’s outposts inside Iraq to limit the              one of the rare places where you can be
                                             power to declare war is an explicit                     possible death toll.                                   in an institution with someone you
                                             power of the Congress—as it should be,                     But, not satisfied with that response,              dearly love and yet disagree with so
                                             one should never send our sons and                      Pentagon officials have ordered the                    strongly. That is the relationship that
                                             daughters into war without the consent                  military to draw up a plan to destroy                  we have. I have a lot of respect for my
                                                                                                     the responsible militia group inside                   friend from Virginia, but I think this
                                             of the people.
                                               I have made this same argument re-                    Iran.                                                  has been twisted around in a way to
                                                                                                        However, the top U.S. commander in
                                             gardless of who was in the White                                                                               make the President look bad. In his
                                                                                                     Iraq, LTG Robert P. White, has reacted
                                             House, Republican or Democrat.                                                                                 heart, he knew what he was doing at
                                                                                                     strongly to that directive, warning
                                               I urge my colleagues to join us in re-                                                                       the time.
                                                                                                     that any such campaign could be
                                             affirming this body’s constitutional                                                                             You know, we have to keep in mind—
                                                                                                     bloody and counterproductive and risk
                                             role in matters of war by overriding                                                                           and I would even suggest—that this is
                                                                                                     war with Iran. He warned any such es-
                                             the President’s veto.                                                                                          probably the boldest defense policy de-
                                                                                                     calation would require thousands more
                                               Mr. UDALL. Mr. President, in Feb-                                                                            cision of his Presidency to date. He au-
                                                                                                     American troops be sent to Iraq.
                                             ruary, a bipartisan majority of the                        So, since March, at least twice, high               thorized an airstrike against the leader
                                             Senate voted to affirm our constitu-                    level Pentagon and military officials                  of Iran’s Quds Force, Qasem Soleimani,
                                             tional authority to declare war and to                  have warned that Trump administra-                     in accordance with, I still believe, his
                                             prohibit the President from starting a                  tion officials’ plans risk war with Iran.              privilege and responsibilities under ar-
                                             war with Iran. In March, the House of                      And, most recently, President Trump                 ticle II of the Constitution.
                                             Representatives also cast a bipartisan                  tweeted out an order to rewrite the                      Now, let’s remember who Soleimani
                                             vote to affirm that Congress, and Con-                  rules of engagement at sea to attack                   was. It has been awhile now and a lot
                                             gress alone, has the authority to de-                   harassing Iranian ships. While we con-                 has happened since then, but he was a
                                             clare war.                                              demn such harassing conduct, this is                   terrorist. He was responsible for the
                                               The President has vetoed that Iran                    conduct the U.S. and other nations                     training and funding of militias across
                                             War Powers resolution, rebuking the                     have determined is not worth a wide-                   the Middle East, the very militias that
                                             will of Congress, the will of the Amer-                 spread war.                                            had targeted American personnel, fa-
                                             ican people, and the directive of the                      With the advisers that the President                cilities, and partners for decades. He
                                             U.S. Constitution.                                      surrounds himself with, like Secretary                 was a monster—nothing less.
                                               It is now up to Congress to reassert                  Pompeo and Special Advisor Brian                         Some people out there want to be-
                                             our authority, to override this veto,                   Hook, the chilling fact is we are never                lieve that his action was a rush to war.
                                             and to make good on the words of arti-                  far from war with Iran. The threat is                  Nothing could be further from the
                                             cle 2, section 8 of the Constitution that               ever-present, even as coronavirus rav-                 truth. Instead, looking at the facts,
                                             gives Congress the sole power to ‘‘de-                  ages our country and spreads within                    they pushed ahead with the War Pow-
                                             clare War’’—because the last thing we                   the military and even when all re-                     ers Resolution, and instead of making
                                             need right now, at this time of grave                   sources of the Federal Government                      war less likely, it made it more likely.
                                             crisis for our Nation, is a crisis of our               should be singularly focused on fight-                   Let me tell you how.
                                             own making in the Middle East—a pro-                    ing this pandemic, keeping Americans                     The resolution was shortsighted and
                                             tracted, unconstitutional conflict with                 safe, and keeping our economy going.                   dangerous in February, but the 4
                                             Iran.                                                      So since we are still at risk of war                months since then have only confirmed
                                               Some would like to think that there                   with Iran in the middle of this public                 that it was not necessary. We are clear-
                                             is no chance that this President would                  health and economic crisis, it is more                 ly not at war. Not only that, but an
                                             begin a war with Iran in the middle of                  imperative than ever that we override                  airstrike is not war. Defending Amer-
                                             a global pandemic, a war that would                     the President’s veto and pass the Iran                 ican lives is not war. The President has
                                             kill Americans and Iranians alike.                      War Powers resolution once and for all.                made it clear that he doesn’t desire
                                               Think again.                                             At this point in time, it would expo-               war. We all know that. Nobody here
                                               On March 11, a barrage of rockets hit                 nentially worsen the current disaster if               wants war.
                                             an airbase north of Baghdad housing                     we were to bungle our way into another                   At the same time, nobody should
                                             U.S. troops, and killing two. That day                  Middle Eastern war with Iran.                          want a policy that would leave Ameri-
                                             marked the birthday of Iran’s General                      The American people don’t want war                  cans vulnerable to the whims of Iran’s
                                             Suleimani, who was killed in January                    with Iran. They didn’t want it before                  terrorist-supporting regime. If we do
                                             in an unprovoked attack ordered by                      this terrible virus hit, and they cer-                 that, if we tie the President’s hands so




dlhill on DSK120RN23PROD with SENATE
                                             the President.                                          tainly don’t want it now while we are                  that he cannot defend American lives,
                                               The attack was launched by a Shiite                   in the throes of this pandemic.                        we leave ourselves more vulnerable
                                             military group, whose leader also had                      But Secretary Pompeo and his                        and, therefore, make war infinitely
                                             been killed during the January attack                   hawkish allies in the administration                   more likely, and accordingly, we must
                                             on Suleimani. However, the Pentagon                     cannot be counted on to represent the                  all vote to sustain the President’s veto.
                                             did not have solid evidence that the at-                will of the American people.                             I yield the floor.



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                                             May 7, 2020                                       CONGRESSIONAL RECORD — SENATE                                                                  S2313
                                               The PRESIDING OFFICER. The                                      EXECUTIVE SESSION                           move to bring to a close debate on the nomi-
                                             question is, Shall the joint resolution                                                                       nation of Troy D. Edgar, of California, to be
                                             pass, the objections of the President of                                                                      Chief Financial Officer, Department of
                                                                                                            EXECUTIVE CALENDAR                             Homeland Security.
                                             the United States to the contrary not-
                                                                                                                                                               Mitch McConnell, Jerry Moran, James
                                             withstanding?                                             Mr. MCCONNELL. Mr. President, I                          Lankford, John Barrasso, James E.
                                               The yeas and nays are required under                  move to proceed to executive session to                    Risch, Steve Daines, David Perdue,
                                             the Constitution.                                       consider Calendar No. 547.                                 Tom Cotton, Kevin Cramer, Cory Gard-
                                               The clerk will call the roll.                           The PRESIDING OFFICER. The                               ner, Shelley Moore Capito, Marsha
                                                                                                     question is on agreeing to the motion.                     Blackburn, John Cornyn, Tim Scott,
                                               The legislative clerk called the roll.
                                                                                                                                                                Thom Tillis, Roger F. Wicker, Mike
                                               Mr. THUNE. The following Senators                       The motion was agreed to.                                Crapo.
                                             are necessarily absent: the Senator                       The PRESIDING OFFICER. The
                                                                                                     clerk will report the nomination.                       Mr. MCCONNELL. I ask unanimous
                                             from North Carolina (Mr. BURR) and                                                                            consent that the mandatory quorum
                                             the Senator from Kansas (Mr. MORAN).                      The legislative clerk read the nomi-
                                                                                                     nation of Brian D. Montgomery, of                     calls be waived.
                                               Mr. DURBIN. I announce that the                                                                               The PRESIDING OFFICER. Without
                                             Senator from Ohio (Mr. BROWN), the                      Texas, to be Deputy Secretary of Hous-
                                                                                                                                                           objection, it is so ordered.
                                             Senator from Washington (Mrs. MUR-                      ing and Urban Development.
                                                                                                                                                                              f
                                             RAY), the Senator from Vermont (Mr.                                      CLOTURE MOTION
                                             SANDERS), the Senator from Hawaii                         Mr. MCCONNELL. Mr. President, I                              MORNING BUSINESS
                                             (Mr. SCHATZ), and the Senator from                      send a cloture motion to the desk.                      Mr. MCCONNELL. Mr. President, I
                                             Michigan (Ms. STABENOW) are nec-                          The PRESIDING OFFICER. The clo-                     ask unanimous consent that the Sen-
                                             essarily absent.                                        ture motion having been presented                     ate be in a period of morning business,
                                               The result was announced—yeas 49,                     under rule XXII, the Chair directs the                with Senators permitted to speak
                                             nays 44, as follows:                                    clerk to read the motion.                             therein for up to 10 minutes each.
                                                         [Rollcall Vote No. 84 Leg.]                   The legislative clerk read as follows:                The PRESIDING OFFICER. Without
                                                                                                                   CLOTURE MOTION                          objection, it is so ordered.
                                                                 YEAS—49                                                                                     The Senator from Maryland.
                                                                                                       We, the undersigned Senators, in accord-
                                             Alexander         Harris             Peters
                                                                                                     ance with the provisions of rule XXII of the                             f
                                             Baldwin           Hassan             Reed
                                             Bennet            Heinrich           Rosen              Standing Rules of the Senate, do hereby                            CORONAVIRUS
                                             Blumenthal        Hirono             Schumer            move to bring to a close debate on the nomi-
                                             Booker            Jones              Shaheen            nation of Brian D. Montgomery, of Texas, to              Mr. CARDIN. Mr. President, I rise
                                             Cantwell          Kaine              Sinema             be Deputy Secretary of Housing and Urban              today to highlight the heroes of my
                                             Cardin            King               Smith              Development.                                          home State of Maryland who are work-
                                             Carper            Klobuchar          Tester                 Mitch McConnell, Jerry Moran, James               ing on the frontlines to fight COVID–
                                             Casey             Leahy
                                                                                  Udall                   Lankford, John Barrasso, James E.
                                             Cassidy           Lee
                                                                                  Van Hollen
                                                                                                                                                           19.
                                             Collins           Manchin                                    Risch, Steve Daines, David Perdue,                  On January 21, the Centers for Dis-
                                             Coons                                Warner                  Shelley Moore Capito, Tom Cotton,
                                                               Markey
                                                                                  Warren                                                                   ease Control and Prevention announced
                                             Cortez Masto      Menendez                                   Cory Gardner, Marsha Blackburn, John
                                             Duckworth         Merkley            Whitehouse
                                                                                                          Cornyn, Kevin Cramer, Tim Scott,                 the first confirmed case of COVID–19 in
                                             Durbin            Murkowski          Wyden                                                                    the United States. Since then, the
                                                                                  Young
                                                                                                          Thom Tillis, Roger F. Wicker, Mike
                                             Feinstein         Murphy                                                                                      number of confirmed COVID–19 cases in
                                                                                                          Crapo.
                                             Gillibrand        Paul
                                                                                                                       f
                                                                                                                                                           the United States has ballooned to over
                                                                 NAYS—44                                                                                   1.2 million cases and over 72,000 Ameri-
                                             Barrasso          Gardner            Risch                     LEGISLATIVE SESSION                            cans have died.
                                             Blackburn         Graham             Roberts
                                                                                                       Mr. MCCONNELL. Mr. President, I                        The CDC has designated the Balti-
                                             Blunt             Grassley           Romney                                                                   more-Washington        corridor   as    a
                                             Boozman           Hawley             Rounds             move to proceed to legislative session.
                                             Braun             Hoeven                                  The PRESIDING OFFICER. The                          hotspot, as cases continue to rise in
                                                                                  Rubio
                                             Capito            Hyde-Smith         Sasse              question is on agreeing to the motion.                the region. As of May 6, there have
                                             Cornyn            Inhofe             Scott (FL)                                                               been 28,163 confirmed cases of COVID–
                                             Cotton            Johnson                                 The motion was agreed to.
                                             Cramer            Kennedy
                                                                                  Scott (SC)                                                               19 and 1,290 confirmed deaths in the
                                                                                  Shelby                               f                                   State of Maryland. These are trying,
                                             Crapo             Lankford
                                                                                  Sullivan
                                             Cruz              Loeffler
                                                                                  Thune                        EXECUTIVE SESSION                           unprecedented times for all commu-
                                             Daines            McConnell                                                                                   nities in America, and Maryland is no
                                             Enzi              McSally            Tillis
                                             Ernst             Perdue             Toomey                                                                   different in this regard.
                                             Fischer           Portman            Wicker                    EXECUTIVE CALENDAR                                Fred Rogers once said that in times
                                                                                                                                                           of crisis, times like these, we should
                                                              NOT VOTING—7                             Mr. MCCONNELL. Mr. President, I
                                                                                                                                                           ‘‘look for the helpers.’’ I would like to
                                             Brown             Murray             Stabenow           move to proceed to executive session to
                                                                                                                                                           take this time to recognize some of the
                                             Burr              Sanders                               consider Calendar No. 339.
                                             Moran             Schatz                                                                                      heroes who are helping communities in
                                                                                                       The PRESIDING OFFICER. The
                                                                                                                                                           Maryland.
                                               The PRESIDING OFFICER. On this                        question is on agreeing to the motion.                   I am very proud of our State’s hos-
                                             vote, the yeas are 49, the nays are 44.                   The motion was agreed to.                           pitals, distilleries, manufacturers, and
                                               Two-thirds of the Senators being                        The PRESIDING OFFICER. The                          biomedical and pharmaceutical compa-
                                             duly chosen and sworn, a quorum being                   clerk will report the nomination.                     nies that have come together to per-
                                             present and not having voted in the af-                   The legislative clerk read the nomi-                form their own testing, manufactured
                                             firmative, the joint resolution on re-                  nation of Troy D. Edgar, of California,               personal protective equipment and
                                             consideration fails to pass over the                    to be Chief Financial Officer, Depart-                hand sanitizers, and are at the fore-
                                             veto of the President of the United                     ment of Homeland Security.                            front of developing a vaccine.
                                             States.                                                                  CLOTURE MOTION                          Maryland is home to some of the
                                               The majority leader.                                    Mr. MCCONNELL. Mr. President, I                     world’s premier academic medical sys-
                                                                                                     send a cloture motion to the desk.                    tems, including the University of
                                                              f                                        The PRESIDING OFFICER. The clo-                     Maryland Medical System and Johns
                                                                                                     ture motion having been presented                     Hopkins University, which have been
                                                      LEGISLATIVE SESSION                            under rule XXII, the Chair directs the                critical in preparing our State for the




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                                                                                                     clerk to read the motion.                             pandemic.
                                               Mr. MCCONNELL. Mr. President, I                         The legislative clerk read as follows:                 I am particularly proud of Johns
                                             move to proceed to legislative session.                              CLOTURE MOTION                           Hopkins’ coronavirus tracking system,
                                               The PRESIDING OFFICER. The                              We, the undersigned Senators, in accord-            which public health officials worldwide
                                             question is on agreeing to the motion.                  ance with the provisions of rule XXII of the          have come to rely on for up-to-date, ac-
                                               The motion was agreed to.                             Standing Rules of the Senate, do hereby               curate information. I applaud Johns



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