Congressional Record, May 21, 2020 — Senate
Summary
Senate pages of the Congressional Record for May 21, 2020, beginning at page S2566. A senator says Mr. Ratcliffe has not demonstrated the qualities nor the independence that should be expected of the next leader of the intelligence community, and says the senator will vote no. Mr. Thune, under the heading Senate Accomplishments, says the four bills passed so far total almost $3 trillion and describes hearings by the Banking, Health, Education, Labor, and Pensions, and Commerce committees. Mr. Thune also says the House bill, described as 1,800 pages and $3 trillion, has 68 references to cannabis and only 52 references to jobs.
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“Congressional Record, May 21, 2020 — Senate.”
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S2566 CONGRESSIONAL RECORD — SENATE May 21, 2020
standing up to his personal political in- islation, and it was done in a bipar- connectivity, and the way in which
terests, right or wrong. This is a dan- tisan way. Democrats and Republicans people, through the coronavirus, are
gerous pattern that should send a shiv- cooperated because it is important to able to stay connected, the way busi-
er down the spine of anyone who be- our country to make sure that we are ness is conducted, and actually, frank-
lieves in democracy and is particularly responding to an enormous crisis, an ly, for that matter, the way govern-
relevant to the intelligence commu- extraordinary crisis that required an ment is conducted because, obviously,
nity, which must be able to inform the extraordinary response, and the re- we are doing a lot of things through
President of difficult truths. sponse, I would argue, has been ex- connectivity as well.
Mr. RATCLIFFE, unfortunately, has traordinary. We looked at what is working, what
not demonstrated the qualities nor the Never in my lifetime or certainly my is not working, and are there areas, in
independence that we should expect of time in the Senate—or, for that mat- terms of making sure that parts of the
the next leader of the intelligence com- ter, I would argue anybody else’s time country that don’t have high-speed
munity. I will vote no and encourage in the Senate—has the U.S. Senate internet services and that don’t have
my colleagues on both sides of the done anything of that scale, scope, or broadband services could be better con-
aisle, for the sake of the independence consequence. And in many of those pro- nected, and is that something that
and strength of our intelligence com- grams that we authorized and funded, ought to be a part of any future legisla-
munity, which has served us so well for those four pieces of legislation which tion that we look at.
decades, to join me in voting no. passed as recently as a couple of This week, the Banking Committee
I yield the floor. months ago, the dollars are still get- had the Chairman of the Federal Re-
The PRESIDING OFFICER. The Sen- ting out there. They are in the pipe- serve Board and had the Secretary of
ator from South Dakota. line. They are going out to State and the Treasury in front of that com-
SENATE ACCOMPLISHMENTS local governments. They are going out mittee to ask them questions about
Mr. THUNE. Madam President, the to healthcare providers, hospitals, what is happening in the financial serv-
minority leader just got up and at- nursing homes. They are going out to ices industry and what is the effect of
tacked the Senate for not doing any- small businesses. They are going out to all the money that we spent, that we
thing and then proceeded to announce workers, employees, people who have put out the door, how is that working
that we are going to be voting today on been unemployed through the unem- out there, and, again, what can we be
the Director of National Intelligence. ployment insurance program. There doing differently, how can we improve,
It seems like a pretty important posi- are a lot of dollars in the pipeline, a lot and how can we do this better as we
tion—the person who is in charge of all of resources that have been expended look to the future.
the intelligence activities that we con- by the U.S. Senate, the House of Rep- Those are just three committees, off
duct around the world to make sure resentatives, and signed into law by the top of my head, not to mention the
that we keep our country safe. the President. fact that the Banking Committee is
So it seems logical, I would think, for also reporting out the nominee to be
So if the Senate is here and not doing
us, as stewards of the tax dollars, as the inspector general for the pan-
anything, it seems like a real con-
representatives of the people of this demic—a very important position, I
tradiction to suggest that we are actu-
country, as policymakers, to make might add. So they have been very ac-
ally going to vote today on a position
sure that the policies we are putting
that is important to America’s na- tive and very busy doing oversight
into place are having the desired effect
tional security interests. work with respect to this pandemic.
and are actually working. What the Democratic leader just said
It is just one of many that we are
So what has the Senate been doing
going to be voting on and have been is not true. It is not true; it is not ac-
for the past 3 weeks? Well, exactly
voting on over the past several weeks. curate; and, frankly, I would think, in
that—taking a look on a committee-
The other thing the Democrat leader the eyes of the American people, it is
by-committee basis at whether some of
forgot to acknowledge is that last week illogical to say that we have spent $3
the things we have already done are
we passed reforms to the Foreign Intel- trillion and we wouldn’t want to take a
being effective.
ligence Surveillance Act, a piece of leg- The Health, Education, Labor, and look to see how that $3 trillion is being
islation that is also important to na- Pensions Committee had in the head of spent and whether it is being effective
tional security, that authorizes and the CDC, the head of the NIH—two and whether it is being efficient and
funds all our intelligence activities and critical agencies when it comes to then look at where do we need to do
also included reforms—reforms that fighting the health emergency of this more before we rush headlong in there
many in this body on both sides of the country—to determine and to ask them and just push another $3 trillion out
aisle wanted to see adopted. That was questions about what is working, what the door. I think that is a rational way
an important piece of legislation and is not working, what have we done, of looking at things. I think most of
one that I think has tremendous con- what should we be doing differently, the American people would accept and
sequences—I would add grave con- what can we do. believe that these are—this is what we
sequences—for the United States of That was a hearing the Health Edu- were elected to do. They want to make
America and our national security in- cation, Labor, and Pensions Committee sure we are taking their tax dollars
terests. had last week, widely participated in and spending them as wisely and well
The Senate has also been very in- by Members on both sides of the aisle. as possible and in an efficient and ef-
volved—I would suspect maybe to the I sit on the Senate Commerce Com- fective way.
Democratic leader’s chagrin—in exam- mittee. We have had several hearings. By the way, just as a reminder to my
ining and looking at all the We had a markup yesterday. We colleagues, every dollar—every dollar
coronavirus legislation that we have marked up 14 bills yesterday, but we that we spend is borrowed from our
already passed and the impact it is also have been looking at the impact of children and grandchildren. This
having and whether it is being effective coronavirus legislation on those con- doesn’t just magically appear out of
and where we need to do more and stituencies that are under the jurisdic- thin air. We are borrowing money.
where we need to fix things or refine or tion of the Senate Commerce Com- Now, granted, it is money we needed to
tweak things in a way to make those mittee, one of which is the airline in- borrow, particularly with what we have
programs that we funded and author- dustry. We had a hearing examining already done. Everybody acknowledges
ized work better. the impact of the coronavirus on avia- we had a crisis. We had to put out the
But to suggest that the Senate hasn’t tion, the airline industry in this coun- fire, and we have been doing that.
done anything on the coronavirus— try, and on things that we have done to Every dollar, prospectively, every
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really? Really? My gosh, we passed four help assist and support the airline in- dollar we have already spent is a bor-
bills—four bills—totaling almost $3 dustry in this country. That was an- rowed dollar, borrowed from future
trillion through the U.S. Senate, other thing that the Commerce Com- generations of Americans, and they are
through the House of Representatives, mittee did. dollars that someday we are going to
on the President’s desk, and signed Then, more recently than that, we have to repay. Wouldn’t it be prudent,
into law—$3 trillion, four pieces of leg- had a hearing on broadband, wouldn’t it be logical, and wouldn’t it
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May 21, 2020 CONGRESSIONAL RECORD — SENATE S2567
be rational for this body, the That, to me, seems like maybe the about $500 billion, or half a trillion dol-
custodians, the stewards of the Amer- great divide here and the great debate lars.
ican people’s tax dollars, to take a hard that we have, not only in this but a lot It is not just $150 billion that we put
look at what is working and what is of other issues. It just seems like the out. A lot of that is still in the pipe-
not working before rushing headlong natural, instinctive solution, from my line. A lot of it—before we put more
into spending another $3 trillion— friends on the other side of the aisle, is out there and before we say, oh, let’s
which the Democratic leader got up we can just solve this by throwing a lot put another trillion out there, which is
here and lauded and applauded the of money out there. I have to tell you, what the House is proposing, maybe we
House of Representatives for blowing I don’t think that is the way the Amer- ought to look at what the need is.
into town for 24 hours last Friday, cob- ican people view it because they are Maybe we ought to find out what the
bling together an ideological wish list. sitting down and making hard deci- revenue loss actually is because those
Now, granted, there are some things sions right now about how to take care numbers are just coming in.
in there that are probably good ideas, of their families and how to get This thing really hit us hard a couple
and may be things that, in the end, through this economic crisis. I would of months ago, so the real impact of
could end up in a piece of legislation, think the decisions they are making this is going to be felt April, May, and
but it didn’t get a single Republican are along the same lines of the deci- into the summer. But as things start to
vote, and it didn’t have a single con- sions we ought to be making; that is, open up again, hopefully, we will
sultation with Republicans in the how are we going to spend our dollars gradually climb out of this, and those
House of Representatives about how to wisely and well? How are we going to numbers will start to improve. May
put it together. Do you know what? In be efficient and effective? This isn’t those horrible unemployment numbers
the end, they couldn’t keep all the our money. This is the American peo- and those horrible revenue numbers on
Democrats. There were 14 Democrats ple’s money. This is a crisis that needs the State level, may those start to
who voted against that in the House of a response. We have responded in a come—may we start to see the econ-
Representatives. There was not a sin- massive way relative to anything that omy get going back in a more normal
gle Republican, which makes sense, if has happened probably in history, for direction.
you are Republican. You never get Before we rush out there with an-
sure in history—$2 trillion, $3 trillion.
asked. You are never at the table. You other several trillion—and who knows
I mean, I can’t think of a single time—
have no input whatsoever. at what point you hit the wall when it
They come in and put this thing to- when we pass annual appropriations
bills, they never get up to that level. comes to borrowing? I mean, we think
gether—1,800 pages, $3 trillion—and
We are talking about dollars on a scale that the Federal Reserve thinks it has
what does it have in it? Crazy stuff.
Crazy stuff like studies—studies as to like nothing we have ever seen before lots of levers and they can leverage
whether there is diversity and inclu- because that is what was required. their balance sheet and they can still
This institution demonstrated that do things, and they think that, fis-
sion in the marketing of marijuana.
There are 68 references in the House notwithstanding our differences, we cally, we have some headroom that we
bill to cannabis. There are 68 ref- could work together in a constructive can maneuver within, but if you think
erences. There are only 52 references to way and a bipartisan way to do what about this, before this all started, our
jobs, which is what I would think the was necessary to deliver for the Amer- debt-to-GDP ratio was 79 percent—79
American people are a lot more con- ican people, and we will do what is nec- percent. You know what, for 2020, our
cerned about. The House of Representa- essary to get the American people debt-to-GDP ratio is going to be? And
tives, evidently, waited, and, in the through this crisis. Please, please, can that doesn’t include anything that we
balance, thought: Well, my gosh, stud- we do that in a thoughtful, construc- do from here on. It just captures what
ies on the diversity and inclusiveness tive, and bipartisan way? Can we do has already been done. Our debt-to-
of the marketing of cannabis was more that in a way that says: Wow. Let’s ac- GDP ratio will be 101—1 to 1. That was
important and weighed more heavily tually sit down and think about what always the level when we saw the
on the scale than the jobs that have makes the most sense here. Let’s see Greeces of the world and all these
been lost to the American people. That what is out there and what has actu- countries that were just completely in
is what it looks like. ally worked. this downward spiral, this quagmire of
I mean, they threw everything in The Paycheck Protection Program, debt. That was always the metric, 1 to
there. They threw in a tax cut for mil- arguably, has worked really well. We 1, 100 percent debt to GDP. That is the
lionaires and billionaires. These guys put $660 billion into that particular breakpoint. That is when you start en-
get up here every single day and talk program, and I think it has gotten tering into that really dangerous terri-
about Republicans, you know, helping pretty big dividends and pretty big re- tory.
out millionaires and billionaires, and sults. A lot of businesses are still func- Well, imagine if we add another $3
what did the House bill have in it? A tioning and still operating and a lot of trillion on top of that. The $3 trillion
tax cut for millionaires and billion- workers are still working. That was that we have already done, taken the
aires. Now, 56 percent of the tax cut what that was all about, which was to debt to GDP from 79 percent to 101 per-
proceeds will go to the 1 percent top keep those jobs and keep those workers cent, is the biggest increase—the big-
wage earners in America. Just think working. gest increase in debt to GDP that we
about that. Does that make sense? Now, there have been some hiccups, have seen since 1943 when we were
Does that make sense when you are and there have been some things that powering up for World War II.
fighting a pandemic? Probably not. need to be fixed. We ought to look at Now, granted, this is like a war. This
They actually have tax increases on what we can do to refine it and make it is a fight that we have to win, and we
small businesses. No big surprise there. work better and make it work more ef- need to do whatever it takes to win it,
Tax increases are always something ficiently. The same thing is true for but let’s do it in a smart way, in a
they are quick to do. the dollars that go out to State and thoughtful way, and in a way that
I just had to take issue with what the local governments. We have $150 billion gives consideration to the future gen-
Democratic leader was down here say- in the pipeline that have gone out to erations whose liability everything
ing and his characterization of what is State and local governments, many of that we spend today will become, be-
going on here. This place, when you are which, I might add, are probably going cause everything that we do is bor-
responding to a crisis, needs to act in a to need help, particularly with revenue rowed money, and we have to remem-
bipartisan and a constructive way, not replacement. There are a lot of dollars ber that.
in a partisan, ideological way, and I in the pipeline out already, in addition I came down here to talk about the
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would also think in a thoughtful way, to the $150 billion that we have done internet, and I guess it is a speech I
giving a lot of consideration to what for State and local governments that can save for another day. I was going
we are doing here with those borrowed went out in previous versions, in pre- to talk about China and the things that
dollars, borrowed from our kids and vious legislation. Of the four bills that we need to be doing with China when it
grandkids, and are we making the best we passed, the total sum of dollars that comes to protecting our cyber security,
use of them. have gone to State governments is but I see my colleague from Illinois
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S2568 CONGRESSIONAL RECORD — SENATE May 21, 2020
here is waiting to speak. I just thought have died from the coronavirus—100,000 The second thing this bill did was to
it was important that we take a mo- Americans will have died. I join with extend the unemployment compensa-
ment and pause and think about where the Democratic leader in saying that tion. Remember, there are 38 million
we are and what we have done, and as we should mark that tragic milestone and counting unemployed Americans.
we think about what we are going to do with grief for the families and their We created, in the CARES Act, a Fed-
next, make sure we are doing it in a loss and standing as Americans in eral boost for unemployment benefits.
thoughtful, smart, conscientious, right honor of the sacrifice they have made. So if you qualified for unemployment
way and efficient and effective way on More than that, we need to do what benefits from your State, you would re-
behalf of the American people and the needs to be done, and to argue that we ceive an additional $600 a week. I think
American taxpayer. have done enough now and let’s sit that was necessary and good for the
I yield the floor. back and see what happens is to ignore economy, and for the families affected,
The PRESIDING OFFICER. The Sen- the obvious. Jerome Powell is the it was a lifeline they desperately need-
ator from Illinois. Chairman of the Federal Reserve, and ed. But that program, the $600 a week,
Mr. DURBIN. Madam President, we he went on ‘‘60 Minutes’’ last Sunday expires on July 31—expires. Is there
will adjourn today and be gone next and said to Congress, to the Senate, to anyone who believes we will be through
week for the Memorial Day recess and the House, and to the President: Don’t this economic crisis by July 31 when
then return the following week. The stop doing your part. The Federal Re- everyone will be back to work? Of
Senate, at the request and call of the serve is trying to loan money to create course not. We need to continue to help
Senate Republican leader, Senator opportunities to rebuild this economy, those families.
MCCONNELL from Kentucky, has been but we need to do our part. He didn’t The bill that passed the House of
in session for 3 weeks. Senator MCCON- say the $3 trillion is all in. He basically Representatives, which the Republican
NELL has said that we are here because said we need to do more. Senator calls crazy stuff—what the bill
we need to be at our ‘‘duty stations.’’ We had a briefing from Mark Zandi, did was to extend that Federal unem-
He has used that term over and over an economist, in the last day or two. ployment benefit of $600 a week until
again—a military responsibility to He is well respected. He has been an the end of this year. I think that is sen-
stay where you are assigned and to be economist advising both Democrats sible and reasonable.
prepared to fight. and Republicans, and he said the same. I might tell you that we expanded
Well, those that take a look at what If we don’t move and move quickly and the categories of those eligible for em-
we have done over the last 3 weeks decisively and boldly to restore this ployment too. Many independent con-
have to ask: Where is the battle? Where economy, what is now a recession, tractors finally get the chance to get
is the fight when it comes to COVID– could be much, much worse. That some help at this point in time. So to
19? The simple fact is this: The United means, of course, helping those fami- call that crazy stuff and to not even
States Senate, in the last 3 weeks, has lies who have already been hurt. consider it on the floor of the Senate
not considered one piece of legislation Last Friday, the House of Represent- makes no sense at all.
atives did pass another measure for re- What about the Payroll Protection
on this floor relative to COVID–19, not
lief, another effort to deal with the Program? That was one for small busi-
one. It has reached the point where the
COVID virus. So while we have been ness loans that could be forgiven if the
press told me this morning that two
here for 3 weeks and haven’t brought money was loaned and spent for spe-
Republican Senators are now com- cific purposes. There is a reason we had
plaining publicly that we have done one single bill to the floor on the
COVID virus—not one—they moved for- to revisit that. The money had to be
nothing on COVID–19 and shouldn’t spent by the businesses by the end of
leave for the Memorial Day recess ward last Friday and passed, without
the cooperation of any Republicans— June—June 30. I can tell you, having
until we do. spoken to many small businesses
Well, I think they ought to take they passed a measure to deal with the
continuing crisis in America. across the State of Illinois, that some
their appeal not to the American pub- of them will not even be open for busi-
Let me say at the outset, I don’t
lic but to their Republican leader be- ness by June 30. Requiring them to
agree with every provision in that bill.
cause he decides what comes to the spend money before they can open
I know that negotiations are likely to
floor of the Senate, and he has decided, their doors doesn’t give them an oppor-
follow, and the compromise is likely to
over the last 3 weeks, that nothing will tunity to use this money to really get
produce a work product that is some-
come to the floor of the Senate relative back in business.
what different, but let’s look at what
to the biggest issue in the modern his- that bill did. There were revisions made in the
tory of America: the national emer- The Senator from South Dakota measure the House passed last Friday,
gency, the public health crisis over came to the floor and said that bill did revisions in terms of the period of time
COVID–19. crazy stuff. He repeated it—crazy stuff. that the business had to spend the
I listened to my friend from South Well, let’s talk about what the bill did. money. Under the current setup, it is 8
Dakota talk about the amount of What the bill did was to restore the weeks. We think that should be ex-
money that has been spent. It is an President’s cash payment to families. tended to a longer period of time. Is
amazing amount—I will be the first to You remember that well, I am sure, that crazy stuff? I think, from where I
concede it—almost $3 trillion so far. It supported by both political parties. It am standing, it just makes common
is the largest ever I can remember— was $1,200 for each adult and $500 for sense that we would do something that
well, I will just flatout say ever when each child. It was absolutely necessary basic. Yet the Senate Republican lead-
it comes to a rescue package or a relief for families who are struggling to get er has refused to bring that matter to
package. Of course, it comes at a time by. the floor of the Senate in the weeks
when we are facing the worst economic In the House version that passed last since it was passed, and there is obvi-
crisis in America for almost 100 years, Friday, there was a renewed cash pay- ously no meaningful negotiation under-
going back to the Great Depression. ment of $1,200 for adults and $1,200 for way, and we are leaving to be gone for
There are 38 million uninsured Ameri- children. The amount of money we ini- another week.
cans. There are 1.5 million Americans tially allocated for this has been all But the largest measure in the bill
so far infected by this virus. The but spent at this point, so this is an that passed the House of Representa-
United States, sadly, leads the world— area where we believe, as Democrats, tives included a provision to help State
leads the world—when it comes to families still need a helping hand. Why and local governments. My friend and
these infections. I would say, when the do the Republicans in the Senate insist colleague from South Dakota talked
President calls that a badge of honor, I on not bringing this measure to the about the $150 billion that has been
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do not. We could have done much bet- floor of the U.S. Senate or at least into given to State and local governments,
ter. We should do much better in the meaningful negotiation? Do they be- which, in the end, could be even larger.
future. lieve that families across America have I would say to him: Don’t listen to me.
Now, in just a matter of days—not received all the money they need to re- Listen to the National Governors Asso-
sure when—we will reach the tragic ceive to get through this crisis? I don’t. ciation. Ask Governor Hogan, a Repub-
milestone of 100,000 Americans who If they do, they are out of touch. lican from Maryland, if we are all in
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May 21, 2020 CONGRESSIONAL RECORD — SENATE S2569
and have done enough for State and I have given you some highlights of ance coverage to 20 million Americans
local governments? We are not even what this bill did. I would just suggest and provides protections for over 100
close. We are not even close, and we and challenge those who call this crazy million Americans in terms of their
know it. stuff to come to the floor and be more own personal policies, really making
Lost revenue by my State and many specific. What part of what I just de- sure that those with preexisting condi-
others is dramatic. So what happens if scribed is crazy stuff—extended COBRA tions have coverage they can afford. At
these States don’t have the money to protection for more health insurance this moment in time, the Republican
pay their bills? Well, Senator MCCON- for those who are unemployed, extend- Party came up with two lifetime nomi-
NELL, in an interview, said: Bank- ing unemployment benefits for the re- nees who are opposed to the extension
ruptcy—bankruptcy is an option. Real- mainder of the year, extending the pe- of health insurance in America. The
ly? Does he believe we are going to re- riod of payback for small business timing is perfect.
store this economy by watching State loans, making sure, as well, that there If you look up the whole question of
and local governments go bankrupt? is more money for hospitals? relevance, and you ask: What is the
What will be the net result of the I will just state that I have been on most irrelevant thing that has oc-
MCCONNELL’s suggestion of bankruptcy the telephone for the last several curred in the midst of this crisis? It is
for these State and local governments? weeks with the administrators of hos- the last 3 weeks of the U.S. Senate. We
It will mean laying off, perhaps firing, pitals all over the State of Illinois, have been here and put at risk 10,000
policemen, firefighters, EMTs, para- large and small, and I have joined them employees, which is the scale of our
medics, and teachers. At a time when with my Republican Members of the workforce in the U.S. Capitol. We have
we need to restore our educational cal- House and Democratic Members. We put them at risk. To come here and
endar, bring students back to school, have called and opened the lines and never mention the words ‘‘COVID
the Senator from Kentucky suggested said: What are you finding? Many of virus’’ or ‘‘coronavirus’’ or ‘‘pandemic’’
bankruptcy, laying off teachers, and these hospitals in the inner cities, as in legislation on the floor of the Senate
firing teachers. It makes no sense well as those in rural and smalltown is disgraceful.
whatsoever. areas in States across the Midwest are We were elected to serve. We were
The bill that passed the House of struggling to survive. elected to respond to America’s needs.
Representatives has roughly $1 trillion Yesterday I read a list of six hos- For the last 3 weeks on the floor the
for State and local governments. So I pitals in Kentucky that were fur- Senate, we have not. The random com-
can tell you, across my State and I am loughing hundreds of employees. In mittee hearing—good. That is what we
sure across this Nation, Governors and most of the communities downstate are supposed to do. That is normal. But
mayors will step forward and tell you where we have hospitals in Illinois, you would think that Senator MCCON-
that is exactly what they need now to they are the major employer, and these NELL would have decided, as the House
get back in business. hospitals are hanging on by a thread. decided last week, that this is still the
Remember, as Senator MURRAY said What is wrong? A lot of COVID virus No. 1 priority in America. It should be.
in response to another suggestion, cases? No, just a fear of COVID virus. Perhaps after we return from the Me-
building a bridge halfway across a river One hospital administrator said: We morial Day recess, there will be a sense
is not of much value. We need to build have four elective surgeries scheduled of urgency, which, sadly, does not exist
a bridge in this economy from where for money, and, Senator, that is where on the Republican side of the aisle of
we are today to where we want to be, our revenue comes in to keep this hos- the Senate.
with small businesses opening and peo- pital going. Three of the four patients I yield the floor.
ple back at work, and the notion that canceled at the last minute. They were
we can shortchange parts of this econ- The PRESIDING OFFICER (Mr.
afraid of the COVID virus.
omy and survive is just wrong. SCOTT of Florida). The Senator from
The bill that passed the House of
There is a provision in that bill in Iowa.
Representatives last week had another
the House, too, that I introduced in the $100 million for hospitals. I will tell Mr. GRASSLEY. Mr. President, in 50
Senate. It is not an original idea, but you flatout that there is a sense of ur- minutes we are voting to confirm the
others have thought of it too. A third gency there because if you lose—if you nominee as Director of National Intel-
of the people who lose their jobs lose lose that community hospital, it is a ligence. Today, I want to discuss Con-
their health insurance because that is grievous loss in many parts of our gressman RATCLIFFE’s confirmation as
where their health insurance came State, in the rural areas and small Director of National intelligence.
from. Their employer used to pay a towns in particular. Yet we have not I want to congratulate that Con-
share, and they paid a share, and they even brought that issue up on the floor gressman on a job well done. With this
were covered with good policies. But of the Senate over the last 3 weeks. new position comes great responsi-
when they lost their job, the next day, We have a lot of work that needs to bility. Congressman RATCLIFFE will
they lost their insurance. What were be done. We didn’t do it in the last 3 have tremendous power to do good and
their options? Sign up for the Afford- weeks. We considered two circuit court to be transparent.
able Care Act, which covers about 20 nominees before the Senate Judiciary I would like to remind Congressman
million Americans; perhaps qualifying Committee. One from the State of Ken- RATCLIFFE, as I have reminded many
for Medicaid if their family income is tucky is a fellow who has 6 months’ ex- heads of departments before, trans-
low enough; or using what is known as perience on the Federal bench. He is parency brings accountability, and the
the COBRA Program? The COBRA Pro- being proposed by Senator MCCONNELL public’s business ought to be public.
gram says you can keep that policy for a lifetime appointment in the sec- By its very nature, the intelligence
you had at your place of employment; ond highest court in the land. Really? community is a secretive bunch. They
however, you now are personally re- That is the best Republican nominee often operate in the shadows and have
sponsible for both ends of the premium for the second highest court in the to in order to do the job that we ask
payment, the employer and the em- land, a man with 6 months’ experience them to do to protect our national se-
ployee. Well, that comes out to about as a trial judge? He does have one thing curity.
$1,700 a month. Imagine that for an un- in his favor, from Senator MCCON- However, that doesn’t mean when
employed person—$1,700 a month in NELL’s point of view: He is completely Congress asks them questions, the in-
premium. They can’t do it. So what I opposed to the Affordable Care Act. telligence community has a license to
proposed, and what was included in the They came up with another nominee withhold information.
bill that passed the House of Rep- from Mississippi yesterday with the When Congress comes knocking, the
dlhill on DSK120RN23PROD with SENATE
resentatives, was 100-percent coverage same thing. So they have two nominees intelligence community must answer.
for that premium payment under in the midst of a public health crisis in After all, the intelligence community
COBRA so that these families would America who are asking for lifetime does not appear anywhere in the Con-
have the peace of mind that they would appointments to the court who are op- stitution. The intelligence community
continue to have health insurance dur- posed to the Affordable Care Act, a is a creation of Congress; Congress
ing the course of this crisis. measure that extended health insur- isn’t a creation of the intelligence
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S2570 CONGRESSIONAL RECORD — SENATE May 21, 2020
community. The intelligence commu- ask yourselves: Why did they do it? On January 5, 2017, the very same day
nity answers to us and, in turn, to the Well, the text messages from Strzok as the Oval Office briefing with Obama
American people. and Page that I made public help us and Biden, an Obama administration
Acting Director Grenell, now in that better understand that question. Their official leaked the existence of the De-
position as acting, understood that. He animus toward Trump helped to ex- cember 29, 2016, Flynn call with the
is perhaps one of the most transparent plain why the FBI employees cut cor- Russian Ambassador. However, that
government officials in my time serv- ners and didn’t follow regular protocol leak hadn’t yet been publicly reported.
ing the great people of Iowa. in running their inquiry. Also on January 5, Obama’s Chief of
Ambassador Grenell is a breath of As I have mentioned before, Strzok’s Staff requested to unmask Flynn. Ac-
fresh air. Mr. RATCLIFFE has some big text to Page about how he will ‘‘stop’’ cording to Deputy Attorney General
shoes to fill; that is for sure. Luckily, Trump from becoming President is Yates, when she met with Obama on
he has Acting Director Grenell’s exam- very telling. But thanks to Acting Di- that day, Obama already knew about
ple to guide him. rector Grenell and Attorney General Flynn’s call with the Russian Ambas-
Mr. Grenell’s short time as Acting Barr, these texts can now be read in a sador. She was surprised that Obama
Director has resulted in a number of greater context. knew about it already.
very important items being declas- For example, on August 15, 2016, On January 11, 2017, U.N. Ambassador
sified. For example, he and Attorney Strzok texts Page: Samantha Power requested to unmask
General Barr declassified dozens of I want to believe the path that you threw Flynn. She requested this be done
footnotes from the Justice Depart- out for consideration in Andy’s office— seven times after the election. She
ment’s inspector general’s report that And that was referring to Andrew ought to explain why she did that.
show how the Department of Justice McCabe— Then on January 12, 2017, Vice Presi-
and the FBI mishandled the Russian that there’s no way Trump gets elected—but dent Biden requested to unmask Flynn.
investigation. I’m afraid we can’t take that risk. It’s like That same day, the existence of
To give some highlights of what an insurance policy in the unlikely event Flynn’s call with the Russian Ambas-
you die before you’re 40.
those previously classified footnotes sador was leaked and ran in the Wash-
show, let me go through six or seven of The next day, on August 16, 2016, the ington Post.
them. FBI opened the Flynn probe, code- Then, in February 2017, the alleged
One, the Russian intelligence was named Crossfire Razor. contents of the call were leaked. Those
On August 17, 2016, the FBI used a leaks are a criminal action. They are
aware of Steele’s anti-Trump research
briefing for Trump, who was now the some of the many criminal leaks that
in early July 2016, before the FBI
Republican nominee, and Flynn to sur- occurred during the transition period
opened Crossfire Hurricane. That
veil Flynn for his ‘‘mannerisms’’—what and, also, the early days of the Trump
means the Russians knew they could
is said about it, I don’t know—and
possibly use the Steele dossier as a ve- administration, which were obviously
whether he mentioned anything about
hicle to plant disinformation and sow designed to undermine the new admin-
Russia.
chaos to undermine the American Gov- Let’s also not forget about the text istration. I assume U.S. Attorney Dur-
ernment. from November 2016 that Senator JOHN- ham is investigating all of those leaks.
Two, the FBI had an open counter- With respect to the unmasking, what
SON and I made public. Those texts be-
intelligence case on Steele’s key I would like to know is, Why did so
tween Strzok and Page show that the
source, but they failed to give that in- many Obama administration officials
FBI used a November 2016 briefing for
formation to the FISA Court. who were not within the intelligence
Presidential transition staff as a coun-
The FBI had intelligence that some field request to unmask Flynn? The
terintelligence operation.
of Steele’s sources had connections to For example, Strzok told Page: sheer volume of unmasking and the
Russian intelligence. That is point He can assess if there are any new ques-
timing cause me to question whether it
three. tions or different demeanor. If Katie’s hus- was politically motivated.
Point four, Steele had sources con- band is there, he can see if there are people Based on the facts that we now know,
nected to the Presidential administra- we can develop for potential relationships. it appears that the Obama administra-
tion, and some supported Clinton, not That is an astounding finding. Imag- tion’s top law enforcement agency, as
Trump. ine if that had been done by the Demo- well as the intelligence community,
Five, the Crossfire Hurricane team cratic nominee. You wouldn’t hear the engaged in a coordinated effort to cut
was aware in late January 2017 that end of it. In fact, they would probably the legs from under the Trump admin-
Russian intelligence may have targeted call for another special counsel. Yet istration before they could even get
Orbis. Orbis is Steele’s company. because it is Trump and Flynn, the their footing. The American people
Six, Steele’s primary subsource media has gone largely quiet. have had to suffer through years of
viewed his or her contacts not as a net- On January 4, 2017, the FBI wrote a criminal leaks, innuendos, false news
work of sources but, rather, as simply closing memorandum on Flynn that reports, and flatout lies—all designed
friends that discussed current events. said the intelligence community could to destroy the Trump administration.
Seven, two intelligence reports—one find no derogatory information on him. The Russian investigation should have
from January 12, 2017, the other from That should have been the end of it. closed shop early on, especially when
February 27, 2017—indicated that infor- Yet on the very same day that the the people they surveilled from the
mation contained within the Steele FBI was ready to close the Flynn case, Trump campaign offered exculpatory
dossier was a product of Russian Strzok asked another FBI agent: ‘‘Hey, evidence—evidence which showed that
disinformation. This information was if you haven’t closed Razor don’t do it the Trump campaign wasn’t involved
withheld from the FISA Court, and the yet.’’ The case was still open at that in the Democratic National Committee
FBI continued to use the Steele dossier moment and Strzok asked that it be hack and didn’t have the Russian con-
to justify surveillance on Carter Page. kept open ‘‘for now.’’ nections the FBI thought they had. By
I also want to note a very interesting Strzok then messaged Lisa Page, say- the way, that evidence was hidden from
fact about the January 12, 2017, date. ing that Razor still happened to be the FISA Court by the FBI.
Not only did the FBI learn that the open because of some oversight and Obama has said DOJ and FBI must be
dossier, their ‘‘central and essential’’ said: ‘‘Yeah, our utter incompetence kept independent of White House inter-
document, was most likely filled with actually helps us. 20 percent of the ference. Yet, based on information that
this Russian disinformation, they then time.’’ we have at this point, it appears that
failed to inform the FISA Court about Then the next day, on January 5, he and Biden were much more involved
dlhill on DSK120RN23PROD with SENATE
it on the very same day that the FBI 2017, President Obama met with Direc- in aspects of the Russia investigation
got the FISA renewal on Carter Page. tor Comey, Deputy Attorney General than they would like to have us be-
Do you know what? It was renewed two Sally Yates, Vice President Biden, and lieve.
more times. National Security Advisor Susan Rice. Ultimately, Obama and Biden will
My fellow Americans, what the FBI In that meeting, they briefed Obama on have to answer for what they knew and
did is a complete travesty. You have to the Russia investigation. when they knew it. That shouldn’t be a
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May 21, 2020 CONGRESSIONAL RECORD — SENATE S2571
problem for the so-called most trans- partment or agency’’ when such activ- This was a pattern throughout the
parent administration in history, as ity ‘‘directly affects a matter other- hearing. JOHN RATCLIFFE had his talk-
they used to tell us all the time. wise within the jurisdiction of such ing points down, but the moment he
Simply said, heads need to roll over committee.’’ was asked anything specific, he danced
this. If they don’t, the intelligence The Senate Judiciary Committee has away. I am just going to take a few
community, the Department of Jus- jurisdiction over all Federal courts, in- minutes to give some examples. Obvi-
tice, and the Federal Bureau of Inves- cluding the Foreign Intelligence Sur- ously, it is critically important to
tigation may never get the people’s veillance Court, where a lot of intel- know a nominee’s views for this posi-
trust. ligence activity takes place. Of course, tion on the question of spying on
Where do we go from here? On May all of Congress, not just any one com- Americans.
12, 2020, I wrote a letter to Acting Di- mittee or any one Senator, has the I asked JOHN RATCLIFFE three times
rector Grenell that requested a broad constitutional authority over the intel- in prehearing questions, at the hearing,
range of information relating to un- ligence community. and again after the hearing, whether
masking by the Obama administration. In conclusion, please, Congressman the statute that prohibits warrantless
On May 19, I expanded that request RATCLIFFE and, please, the greater in- wiretapping on Americans was binding.
with Senator JOHNSON. Prior to that, I telligence community, remember you Each time, JOHN RATCLIFFE left him-
wrote to the Justice Department and were created by statute, but Congress self lots of wiggle room to suggest that
Mr. Grenell, requesting that the tran- was created by the Constitution. whatever this law said, the President
scripts of Flynn’s calls with the Rus- I yield the floor. might have ways to go around it. He
sian Ambassador and Susan Rice’s infa- The PRESIDING OFFICER. The Sen- also said he would work with the At-
mous January 20, 2017, email to herself ator from Oregon. torney General, who we know has ex-
be declassified, among other things. Mr. WYDEN. Mr. President, in a few plicitly said that he doesn’t believe the
That email has now been declassified minutes, the Senate is going to vote on foreign intelligence surveillance law is
and casts further doubts on the FBI’s the nomination of JOHN RATCLIFFE to binding on the President.
actions. be Director of National Intelligence. I This is really where JOHN RATCLIFFE
I have also requested, along with have come to the floor to discuss this could be dangerous. With Donald
Senator JOHNSON, underlying intel- important nomination. Trump as President and William Barr
ligence reports from the Russia inves- Senators often come to this floor to as Attorney General, the leadership of
tigation. Moreover, reports suggest talk about the importance of speaking the intelligence community is one of
that the Obama administration un- truth to power. JOHN RATCLIFFE, in his democracy’s last lines of defense. That
masked a lot more U.S. persons related statement before the Intelligence Com- is why the American people need a Di-
to the Trump campaign than just Gen- mittee and in his written responses, re- rector of National Intelligence who un-
eral Flynn. vealed he would not speak truth to derstands how the law protects their
The responsibility to respond to power; he would surrender to it. He rights and won’t start conducting
these requests will now fall on Con- demonstrated that he is so eager to warrantless wiretapping on Americans
gressman RATCLIFFE. Hopefully, he is serve power, he will twist the truth, just because the Attorney General
as helpful to congressional oversight and he showed this again and again. wrongly claims that it is legal.
and public accountability as Ambas- For example, in the name of helping Nothing that JOHN RATCLIFFE has
sador Grenell. Let’s see it all. The power, we saw him dance around direct said during his confirmation process or
American public has waited long questions about whether he would re- throughout his career provides a glim-
enough. spect or even understood the law. JOHN mer of hope that he is a person who
Finally, I want to remind Congress- RATCLIFFE made a number of ex- would speak truth to power and stand
man RATCLIFFE and the intelligence tremely disturbing statements that up for the rights of Americans.
community of the hold I placed on Wil- make it clear that he has and will mis- There are plenty more reasons to op-
liam Evanina. I did that 2 years ago. I represent and politicize intelligence pose this nomination, but in the inter-
placed that hold in my capacity as without a moment’s hesitation. est of time, I am going to focus on just
chairman of the Judiciary Committee. I asked the Congressman at his hear- one more, and that is JOHN RATCLIFFE’s
I have explained in detail many ing about a law that requires a public, blatant misrepresentation and politi-
times before why I placed a hold on unclassified report on who was respon- cizing of intelligence. This was obvious
him, and I am not going to bother ex- sible for the murder of the Washington in how he talked about the intelligence
plaining it again, other than to men- Post journalist and U.S. resident, community’s assessment that the Rus-
tion that Deputy Attorney General Jamal Khashoggi. This was a law sians interfered in the 2016 election to
Rosenstein agreed to give me the docu- passed by the Congress and signed by help Donald Trump. This is a view un-
ments, and he never did. In turn, Gen- the President of the United States. disputed within the intelligence com-
eral Rosenstein blamed Director Coats, This law required the Director of Na- munity. The Senate Intelligence Com-
who then blamed Rosenstein. tional Intelligence to produce that un- mittee looked at it up and down, and it
You have heard it before—all of my classified report on who killed Jamal was the unanimous judgment of the In-
colleagues have. Whether you have a Khashoggi and what the circumstances telligence Committee that it was true.
Republican or Democratic administra- were in February. That has never hap- Yet for JOHN RATCLIFFE, the intel-
tion, it is your typical bureaucratic pened. ligence really doesn’t matter. All that
blame game. Thanks to Acting Direc- At his nomination hearing, I simply matters is that he makes Donald
tor Grenell and Attorney General Barr, asked the Congressman whether the Trump happy. If Donald Trump doesn’t
the blame game has ended. government was bound by the law. In want to acknowledge that the Russians
But, importantly, especially for fu- his response, the Congressman called helped him, then those are JOHN
ture administrations and for Congress- the law a request for unclassified infor- RATCLIFFE’s marching orders.
man RATCLIFFE, I want to make very mation. That is how he referred to this It is the exact opposite of speaking
clear that the Judiciary Committee’s law. Then the Congressman promised truth to power and that is why, at the
jurisdiction extends to the intelligence to take a look at it. In his own words, beginning of my remarks, I described
community. Since the authorization JOHN RATCLIFFE wouldn’t commit to his views with respect to power as not
resolution that created the Senate Se- following that important law without speaking truth but totally surren-
lect Committee on Intelligence, the knowing the circumstances of who dering to power.
Senate explicitly reserved for other killed Jamal Khashoggi. I believe it is He is also perfectly happy to mis-
dlhill on DSK120RN23PROD with SENATE
standing committees, such as the Sen- open season on journalists. represent the intelligence even when it
ate Judiciary Committee, independent How JOHN RATCLIFFE danced around is public and we can read it with our
authority to ‘‘study and review any in- that question of whether he would own eyes. Three times during his hear-
telligence activity’’ and ‘‘to obtain full comply with the law is a disqualifica- ing, he said that the Russians did not
and prompt access to the product of tion by itself to be the head of national succeed in changing the outcome of the
the intelligence activities of any de- intelligence. 2016 election. This position of JOHN
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S2572 CONGRESSIONAL RECORD — SENATE May 21, 2020
RATCLIFFE directly contradicts what The PRESIDING OFFICER (Mrs. The bill clerk read the nomination of
the Intelligence community had writ- FISCHER). Without objection, it is so John Leonard Badalamenti, of Florida,
ten in plain English. It said: ‘‘We did ordered. to be United States District Judge for
not make an assessment of the impact VOTE ON RATCLIFFE NOMINATION the Middle District of Florida.
that Russian activities had on the out- The PRESIDING OFFICER. The The PRESIDING OFFICER. Under
come of the 2016 election.’’ So I asked question is, Will the Senate advise and the previous order, with respect to the
JOHN RATCLIFFE where he got his infor- consent to the Ratcliffe nomination? Ratcliffe nomination, the motion to re-
mation. He referred back to the Intel- Mr. SCOTT of Florida. Madam Presi- consider is considered made and laid
ligence community’s assessment and dent, I ask for the yeas and nays. upon the table, and the President will
the committee’s report, neither of The PRESIDING OFFICER. Is there a be immediately notified of the Senate’s
which supported JOHN RATCLIFFE’s sufficient second? action.
statements. There appears to be a sufficient sec- The Senator from Maryland.
You have to ask yourself, Why would ond. CORONAVIRUS
JOHN RATCLIFFE say something that is Mr. CARDIN. Madam President, I
The clerk will call the roll.
obviously not true? That is because know that we are all looking forward
The bill clerk called the roll.
Donald Trump wants us to believe that to trying to finish our legislative work
Mr. THUNE. The following Senators
he didn’t benefit from Russian inter- this week. The majority leader has an-
are necessarily absent: the Senator
ference, and that, first and foremost, is nounced that next week the Senate
from Tennessee (Mr. ALEXANDER), the
what matters to JOHN RATCLIFFE. If will be in recess for the traditional Me-
Senator from North Carolina (Mr.
JOHN RATCLIFFE is willing to misrepre- morial Day recess.
BURR), the Senator from Alaska (Ms.
sent intelligence assessments that are Let me just urge our colleagues that
MURKOWSKI), and the Senator from
already public that anybody can read before we leave for the recess, we need
South Dakota (Mr. ROUNDS).
for themselves, my take is there is no to act on the challenges that COVID–19
telling how he would misrepresent in- Further, if present and voting, the
Senator from Tennessee (Mr. ALEX- is imposing on our State and local gov-
telligence that is still classified. ernments. To me, it would be irrespon-
There is every reason to believe his ANDER) would have voted ‘‘yea.’’
Mr. DURBIN. I announce that the sible for us to leave and go into recess
public statements would be designed recognizing that our State and local
for one purpose and one purpose only, Senator from Massachusetts (Mr. MAR-
KEY), the Senator from Washington
governments are so much impacted by
and that is to make sure that Donald COVID–19.
Trump is pleased. Neither the Congress (Mrs. MURRAY), and the Senator from
They are making decisions now. They
nor the American people have any rea- Vermont (Mr. SANDERS) are necessarily
have to put their budgets together.
son to trust that JOHN RATCLIFFE’s tes- absent.
They have to adjust this year’s budget
timony or his other public statements The PRESIDING OFFICER. Are there
and plan for next year’s budget. What
are accurate. any other Senators in the Chamber de-
is in the balance? Well, it is our mu-
My view is this kind of approach siring to vote?
nicipalities, it is law enforcement, it is
taken by the Director of National In- The result was announced—yeas 49,
police, it is fire, it is emergency rescue.
telligence is a real threat to democ- nays 44, as follows:
For our counties, it is our schools and
racy. When the Director of National In- [Rollcall Vote No. 101 Ex.]
funding of our schools. It also deals
telligence demonstrates that he is will- YEAS—49 with public health for our State. It is
ing to bury the actual intelligence and Barrasso Gardner Portman public health and so many other dif-
say whatever makes Donald Trump Blackburn Graham Risch
ferent issues that are dependent upon
happy at any particular moment, the Blunt Grassley Roberts
Boozman Hawley Romney the State having the resources in order
American people are going to lose con- Braun Hoeven Rubio to respond to the needs of their citi-
fidence and lose confidence quickly. Capito Hyde-Smith
It is not just about foreign inter-
Sasse zens—our constituents—as well as to
Cassidy Inhofe Scott (FL)
ference in our democracy. That is plen- Collins Johnson deal with the challenges of COVID–19.
Scott (SC)
Cornyn Kennedy I will give you one example on that.
ty serious as it is. It is about other Shelby
Cotton Lankford
Sullivan This week, by teleconference with rep-
threats from countries like Iran, North Cramer Lee
Thune resentatives of our higher education,
Korea, and China. It is about weapons Crapo Loeffler
Cruz McConnell Tillis University of Maryland—they depend
of mass destruction and terrorism. It is Toomey
Daines McSally very much on the revenues they get
about whether the government is se- Enzi Moran Wicker
from the State and the revenues they
cretly spying on Americans without a Ernst Paul Young
Fischer Perdue get from their students. Both are very
warrant or committing torture. Ulti-
much in jeopardy today. The least we
mately, it is about the issue of war and NAYS—44 can do is to make sure that the States
peace and whether Americans will be Baldwin Harris Rosen have the resources to continue these
asked to die for our country. Bennet Hassan Schatz
The American people look to intel- Blumenthal Heinrich Schumer
critical missions. They just don’t have
ligence leaders for the facts—the facts, Booker Hirono Shaheen it.
Brown Jones Sinema Let me give you some of the numbers
the unvarnished truth on these and Cantwell Kaine Smith so that my colleagues are aware of it.
other issues, which is why it is so im- Cardin King Stabenow
Carper Klobuchar For the State of Maryland, in the rev-
portant this position must have a foun- Tester
Casey Leahy enue projections for the current fiscal
dation of credibility. Coons Manchin
Udall
Time and again, JOHN RATCLIFFE has Van Hollen year that ends June 30, the revenues
Cortez Masto Menendez
demonstrated that he does not clear Duckworth Merkley
Warner will be off by as much as $925 million to
that lowest bar; that bar that means Durbin Murphy Warren $1.25 billion. Those are revenue losses.
Feinstein Peters Whitehouse On top of that, their fiscal year 2022
you have to have credibility in this po- Gillibrand Reed Wyden
sition, and I urge my colleagues, when revenue projection is another loss of
we vote in a few minutes, to reject NOT VOTING—7 $2.1 to $2.4 billion. That is for the State
JOHN RATCLIFFE’s nomination to be Di- Alexander Murkowski Sanders of Maryland. Those are not our subdivi-
rector of National Intelligence. Burr Murray sions.
Markey Rounds Baltimore City is projecting a reduc-
I yield the floor.
I suggest the absence of a quorum. The nomination was confirmed. tion in revenues by $141 million this
The PRESIDING OFFICER. The f year. That is going to require layoffs.
dlhill on DSK120RN23PROD with SENATE
clerk will call the roll. They have already talked about layoffs
The legislative clerk proceeded to EXECUTIVE CALENDAR and not hiring additional police offi-
call the roll. The PRESIDING OFFICER. The Sen- cers. Those police officers are needed in
Mr. SCOTT of Florida. Madam Presi- ate will resume consideration of the order to keep Baltimore safe. We know
dent, I ask unanimous consent that the following nomination, which the clerk the challenges we have in our munic-
order for the quorum call be rescinded. will report. ipal centers, and Baltimore City is
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