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Congressional Record — Senate, S2332 (May 11, 2020)

Summary

Page S2332 of the Senate section of the Congressional Record for May 11, 2020, in interleaved columns. A tribute describes Miss Krause, who returned to work on the frontlines after doctors gave her the all-clear, and thanks colleagues for serving citizens. Mr. Schumer, as Democratic leader, says the United States has well over a million coronavirus cases, and another speaker says legislation will be taken up this week. A speaker warns that a litigation epidemic is shaping up, and another says more money is needed for schools to move to remote learning.

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“Congressional Record — Senate, S2332 (May 11, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-11-crec-2020-05-11-pt1-pgs2332-5-3a6f4890d9/, SHA-256 296f2869c81eb4502f9272d14abdc97d9e5e07376f8899156fcb1a23170b2612.

Full text

                                               S2332                                             CONGRESSIONAL RECORD — SENATE                                                           May 11, 2020
                                               felt better and doctors gave her the all-                 We are also going to take up impor-                   The PRESIDING OFFICER. Without
                                               clear, she checked right back into work                 tant legislation this week. While                     objection, it is so ordered.
                                               right on the frontlines.                                COVID–19 rightly dominates headlines                          RECOGNITION OF THE MINORITY LEADER
                                                 I want to thank all of my Senate col-                 around the world, the United States of                 The PRESIDING OFFICER.                  The
                                               leagues as we continue to perform our                   America also faced many serious                       Democratic leader is recognized.
                                               essential responsibilities to serve citi-               threats before this virus began to                                        CORONAVIRUS
                                               zens like Miss Krause and so many                       spread, and they are still with us                      Mr. SCHUMER. Mr. President, the
                                               other American heroes all across our                    today.                                                United States has well over a million
                                               country. Of course, much of the work                      Later this week, we will turn back to               confirmed cases of COVID–19. We are
                                               before us relates to the pandemic itself.               reauthorizing important authorities                   quickly, unfortunately, approaching
                                               Our committees of jurisdiction are at-                  under the Foreign Intelligence Surveil-               80,000 fatalities.
                                               tacking COVID–19 and its effects from                   lance Act. This is urgent because the                   Alongside this great crisis of public
                                               every angle.                                            House refused to take up the Senate’s                 health, this shocking and heart-
                                                 This week, Chairman ALEXANDER and                     short-term extension of important                     breaking loss of life, there is a looming
                                               our colleagues on the HELP Committee                    counterterrorism and counterintel-                    economic catastrophe. There are now
                                               will hold a major hearing on smart and                  ligence authorities before they left                  more than 30 million newly unem-
                                               safe ways for Americans to get back to                  town. House Democrats let these tools                 ployed Americans, over one-tenth of
                                               work and back to school. They will                      expire, so we must act quickly to clean               the population in the United States
                                               hear expert testimony from the very                     up their mess and renew these authori-                and the highest number since the Great
                                               top leaders: Dr. Fauci, Dr. Redfield, Dr.               ties, which our government needs to                   Depression. Many believe this number
                                               Hahn, and Admiral Giroir from HHS.                      fight terrorists and check the agents of              underestimates the real total.
                                                 Chairman CRAPO and the Banking
                                                                                                       China and Russia.                                       Once this crisis is over, there is no
                                               Committee will hear from representa-
                                                                                                         The bipartisan bill we will take up                 guarantee that these millions of newly
                                               tives from the Federal Reserve and the
                                                                                                       was negotiated exhaustively by House                  unemployed Americans will be able to
                                               FDIC on financial regulation. Obvi-
                                                                                                       Republicans and the Attorney General                  resume their old jobs. How many peo-
                                               ously, that is an essential topic as the
                                                                                                       of the United States. Determined advo-                ple will find new jobs? At what salary?
                                               government continues to push out bil-
                                                                                                       cates for reform after the shameful                   Even the most optimistic scenarios
                                               lions and billions of dollars in emer-
                                                                                                       abuses of 2016 sat down with deter-                   predict a period of extended high un-
                                               gency liquidity following the CARES
                                                                                                       mined defenders of the good parts of                  employment. Others suggest we are
                                               Act.
                                                 With huge numbers of Americans                        these tools, and they hammered out a                  looking at the kernels of a second
                                               working, teaching, and learning from                    strong compromise. The legislation                    Great Depression.
                                               home and with telemedicine more im-                     will introduce more daylight and more                   Here on the Senate floor, for the sec-
                                               portant than ever, the Commerce Com-                    accountability into the FISA process                  ond week in a row, we are living in the
                                               mittee will hear from experts about ac-                 where appropriate, but it will ensure                 alternative reality of Republican Lead-
                                               cess to broadband internet during the                   that the embarrassments of 2016 do not                er MCCONNELL’s making. He has sched-
                                               crisis.                                                 jeopardize these essential national se-               uled no legislative business here on the
                                                 The Judiciary Committee will hold                     curity tools altogether.                              floor related to COVID–19—none—no
                                               an important hearing on issues of legal                   I hope the Senate will be able to dis-              measures for the unemployed, no relief
                                               liability during this unprecedented                     patch the amendments that we will                     for renters or homeowners, no legisla-
                                               time. It is crucial that as we continue                 consider and pass this important legis-               tion to increase testing capacity, no
                                               to fight the pandemic itself, we ensure                 lation on a bipartisan basis to keep the              proposals to help State and local gov-
                                               it is not followed up by a second job-                  American people safe.                                 ernments retain teachers, firefighters,
                                               killing epidemic of frivolous lawsuits.                                   f                                   busdrivers, and police officers.
                                               This would be just about the worst                                                                              Looking at the Senate calendar, you
                                                                                                         RESERVATION OF LEADER TIME                          would never know that we are working
                                               time in living memory to let trial law-
                                               yers line their pockets at the expense                    The PRESIDING OFFICER. Under                        in the midst of a national crisis. It
                                               of the rest of our country. The Senate                  the previous order, the leadership time               looks like any other session—a few ex-
                                               is going to play a strong role in ensur-                is reserved.                                          ecutive nominations, hearings on
                                               ing that does not happen.                                                 f                                   rightwing judges, and legislation from
                                                 While our committees are working                                                                            previous months that the leader should
                                               away, here on the floor, we will start                       CONCLUSION OF MORNING                            not have delayed. It is just totally, to-
                                               this week by confirming two more                                       BUSINESS                               tally divorced from reality.
                                               qualified nominees to important posts                     The PRESIDING OFFICER. Morning                        Despite the obvious health risks,
                                               that should not remain empty at this                    business is closed.                                   Senators are ready to do our jobs. Why
                                               time. We will begin with Brian Mont-                                      f                                   don’t we actually do our jobs and focus
                                               gomery of Texas, named by President                                                                           on COVID–19? For the sake of common
                                               Trump to serve as Deputy Secretary of                             EXECUTIVE SESSION                           sense and the good of the Nation, the
                                               Housing and Urban Development. Then                                                                           Senate should be focused on COVID–19.
                                               we will turn to Troy Edgar of Cali-                                                                           We should be holding multiple serious
                                                                                                              EXECUTIVE CALENDAR
                                               fornia to be Chief Financial Officer at                                                                       oversight hearings every week. Several
                                               the Department of Homeland Security.                      The PRESIDING OFFICER. Under                        of my colleagues on the other side, in-
                                                 I understand some of my distin-                       the previous order, the Senate will pro-              cluding the Republican leader, have
                                               guished Democratic colleagues com-                      ceed to executive session to resume                   said they want to see how the legisla-
                                               plain that the full Senate should not                   consideration of the following nomina-                tion we have already passed is working
                                               have to spend more time on these sorts                  tion, which the clerk will report.                    before doing anything else. At the
                                               of uncontroversial executive branch                       The legislative clerk read the nomi-                same time, the Republican majority is
                                               nominees. I agree. But as long as their                 nation of Brian D. Montgomery, of                     slow-walking the hearing process.
                                               own Democratic leadership continues                     Texas, to be Deputy Secretary of Hous-                  Finally, after a lot of Democratic
                                               to hold important posts open for as                     ing and Urban Development.                            pressure from myself and many others,
                                               long as possible in order to just spite                   Mr. MCCONNELL. Mr. President, I                     the leader is sort of eking out, week by
                                                                                                       suggest the absence of a quorum.




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                                               the White House, as long as the minor-                                                                        week, hearings. We have just heard
                                               ity continues to break from long-                         The PRESIDING OFFICER. The                          that we will hear from Powell and
                                               standing Senate precedent to obstruct                   clerk will call the roll.                             Mnuchin on the 19th. That will be al-
                                               even the least controversial nominees,                    The legislative clerk proceeded to                  most 2 months after a bill that let $4
                                               then, frankly, they will have to con-                   call the roll.                                        trillion of lending authority be re-
                                               tinue to show up and vote on them. The                    Mr. SCHUMER. Mr. President, I ask                   leased before there is a hearing.
                                               floor votes they say they dislike are                   unanimous consent that the order for                    Why didn’t we hold a hearing 3 weeks
                                               the direct result of their own tactics.                 the quorum call be rescinded.                         ago, 5 weeks ago, or last week? It is



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                                               May 11, 2020                                      CONGRESSIONAL RECORD — SENATE                                                                S2333
                                               just outrageous. How can the Repub-                     economy that is hurtling downward, I                    It has come to our attention that
                                               lican Senators say we want to see how                   fear the Nation could suffer a similar                Secretary DeVos has been using a por-
                                               this is working and not have a whole                    fate—a second depression. We must                     tion of the existing funding not to help
                                               bunch of hearings to exam how it is                     avoid that at all costs. Now is not the               States or localities cope with the crisis
                                               working, instead of squeezing them out                  time for timidity. Now is not the time                but to augment her push for voucher-
                                               under direct pressure from us Demo-                     for small thinking. Now is the time for               like programs, a prior initiative that
                                               crats?                                                  action—big, bold, continued action.                   had nothing to do with COVID–19.
                                                 Now, tomorrow, in the Health, Edu-                      There are so many issues that de-                     We have also learned that Secretary
                                               cation, Labor, and Pensions Committee                   serve our attention. On a daily basis,                DeVos has added restrictions to the
                                               there will be a hearing conducted re-                   President Trump talks about the need                  fund that weren’t included in the law,
                                               motely with Dr. Fauci. This is the kind                 to reopen our country. Well, President                including guidance that DACA recipi-
                                               of hearing we need, not once a week                     Trump, the only way we can safely re-                 ents cannot receive aid. Shameful—
                                               but several a day. The American people                  open the country is if we have testing.               there is no other word for it. Secretary
                                               need to hear from experts in a fair,                    To finally beat this disease, we need                 DeVos is exploiting emergency relief
                                               open, and truthful setting.                             testing. To reopen businesses safely, we              funding to further her own rigid ideo-
                                                 Until now, we have mostly heard                       need testing. To reopen schools and                   logical agenda and deprive students of
                                               from the members of the Coronavirus                     sporting events, we need testing. To                  desperately needed Federal assistance.
                                               Task Force through the distorted lens                   contain a resurgence in the fall or                   The Secretary of Education should re-
                                               of the White House press conference,                    early next year, we need testing. Test-               verse course immediately.
                                               where the President often prevents                      ing is, by far, the No. 1 priority from a               Subsequently, DeVos should testify
                                               them from answering fully, interrupts                   public health standpoint and, maybe,                  in Congress as soon as possible. As
                                               their responses, or even contradicts                    from an economic standpoint as well.                  someone who has habitually skipped
                                               their fact-based advice.                                  For many countries, mastering the                   congressional      hearings,   Secretary
                                                 This will be one of the first opportu-                challenge of testing and contact trac-                DeVos has a lot to answer for. If our
                                               nities for Dr. Fauci to tell the Amer-                  ing their population was their first pri-             students had the same attendance
                                               ican people the unvarnished truth                       ority. Here in the United States, unfor-              record as Secretary DeVos, they would
                                               without the President lurking over his                  tunately, the Trump administration is                 have flunked out of school. Secretary
                                               shoulder.                                               still trying to catch up. Three months                DeVos needs to come clean about how
                                                 Dr. Fauci, let it rip.                                ago—3 months ago—President Trump                      her Department is exploiting congres-
                                                 But it shouldn’t be this one com-                     said: ‘‘Anybody that wants a test can                 sional relief efforts intended to help
                                               mittee hearing tomorrow, and it                         get a test.’’ That is still not even close            schools recover and reopen.
                                               shouldn’t be Dr. Fauci alone testifying,                to being true.                                          I yield the floor.
                                               or even with the two he is testifying                     Americans have gotten sick, and be-                   I suggest the absence of a quorum.
                                               with. This is the routine oversight                     cause they could not get tested, they                   The PRESIDING OFFICER. The
                                               business of Congress, and we are now in                 never knew if they contracted COVID                   clerk will call the roll.
                                               a crisis. It should occur in every com-                 and never knew if they passed it on to                  The legislative clerk proceeded to
                                               mittee every week. There should be                      loved ones, colleagues, workers, or                   call the roll.
                                               testimony from administration offi-                     friends. For many who could get test-                   Mr. CORNYN. Madam President, I
                                               cials, ranging from Dr. Birx to Sec-                    ed, they had to wait weeks for an an-                 ask unanimous consent that the order
                                               retary Mnuchin, to Secretary DeVos                      swer, long after the disease had run its              for the quorum call be rescinded.
                                               and others.                                             course and potentially spread to oth-                   The PRESIDING OFFICER (Ms.
                                                 We should also be debating another                    ers.                                                  ERNST). Without objection, it is so or-
                                               major emergency relief bill. As we                        We may never know the full extent of                dered.
                                               speak, more and more businesses are                     the human consequences that resulted                                     CORONAVIRUS
                                               going under, more and more people are                   from President Trump’s administra-                      Mr. CORNYN. Madam President, as
                                               losing their jobs, and more and more                    tion’s failure to rapidly develop a test-             our     Nation’s    war     against   the
                                               families don’t have enough food to feed                 ing plan in the early days of                         coronavirus has waged on, the Senate
                                               their children or are sitting for hours                 coronavirus, but we do know that coun-                has taken decisive action to provide
                                               in car lines to get to food banks.                      tries that did it successfully—such as                the resources we need to win the fight.
                                                 Speaker PELOSI and I completely                       South Korea, Germany, Australia, and                  We sent critical equipment to our
                                               agree. The new bill should be big, and                  New Zealand—were able to deal with                    frontline healthcare workers, and we
                                               it should be bold, and that is what the                 the virus much better than we have.                   have expanded testing resources na-
                                               House is working on right now, while                    And to think the United States, which                 tionwide. We provided loans to small
                                               the Senate, under Leader MCCONNELL’s                    has always been the leader in public                  businesses in order to protect jobs, and
                                               leadership, dithers.                                    health, is lagging behind these other                 we sent direct financial assistance to
                                                 Already, however, we have heard that                  countries because of the President’s de-              the Americans who are struggling the
                                               congressional Republicans are telling                   nial and ineptitude should bother every               hardest to make ends meet. These four
                                               everyone they want to slow down.                        single American, no matter what your                  bills—now law—passed by Congress
                                               Leader MCCONNELL says he wants to                       politics.                                             have addressed both the public health
                                               hit the pause button. President Trump                     Congress provided $25 billion in the                crisis at the heart of the pandemic and
                                               and administration officials are saying                 most recent relief legislation to in-                 the ensuing economic fallout.
                                               we might not need to do anything more                   crease testing capacity and contact                     Now, with the States beginning to
                                               to help the country. This would be a                    tracing, and we are going to need to do               gradually reopen their economies, we
                                               catastrophic mistake.                                   more. If President Trump is so keen on                are staring down the barrel of a second
                                                 At the outset of the Great Depres-                    speeding up the process of reopening                  epidemic, one generated by opportun-
                                               sion, President Hoover was also reluc-                  the country, we should endorse what                   istic lawsuits, crushing legal fees, and
                                               tant to use national resources to at-                   Democrats have urged him to do: Cre-                  drawn-out court battles.
                                               tack the problem. He, too, was ideo-                    ate a national testing regime imme-                     According to a database compiled by
                                               logically opposed to a vigorous and                     diately.                                              law firm Hunton Andrews Kurth, more
                                               strong response from the Federal Gov-                     On one final matter, education, in                  than 950 such lawsuits have already
                                               ernment. President Hoover’s failure                     the CARES Act, Congress provided a                    been filed in the United States. We




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                                               was likely responsible for extending                    little over $30 billion to help States,               have seen suits against healthcare
                                               the length and deepening the severity                   school districts, and higher education                workers, nursing homes, colleges, gov-
                                               of the Great Depression.                                systems respond to the coronavirus                    ernments, retailers—you name it. As
                                                 If President Trump and our Repub-                     after many schools were forced to close               our economy begins to reopen, unfortu-
                                               lican colleagues go the way of Herbert                  or to move to remote learning. We need                nately, so will the legal floodgates. The
                                               Hoover, if they oppose or slow-walk                     more money than that, of course, and I                litigation epidemic is shaping up to be
                                               government intervention to save the                     think Democrats in both Houses agree.                 a big one.



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