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Congressional Record, Senate, May 21, 2020 — Vote on Ratcliffe Nomination (S2572)

Summary

Page S2572 of the Senate section of the Congressional Record for May 21, 2020. A speaker says John Ratcliffe's statement about the impact of Russian activities on the 2016 election contradicts what the intelligence community wrote. The Senate then takes the vote on the Ratcliffe nomination, with Scott of Florida asking for the yeas and nays, and Cardin speaks under Coronavirus about the coming recess and a bipartisan plea from the Governors, including Governor Hogan. The clerk also reads the nomination of John Leonard Badalamenti to be United States District Judge for the Middle District of Florida.

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“Congressional Record, Senate, May 21, 2020 — Vote on Ratcliffe Nomination (S2572).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-21-crec-2020-05-21-pt1-pgs2572-3-83b04ab764/, SHA-256 da586ded52dddfe41fbb06b2dc023a722816583e78706d39d19f9352fdac5fdb.

Full text

                                             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.




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                                             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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                                             May 21, 2020                                      CONGRESSIONAL RECORD — SENATE                                                                     S2573
                                             under a consent order decree. That is                   Maryland, and Governor Cuomo, the                       The PRESIDING OFFICER (Mr.
                                             being jeopardized by the inability of                   Democratic Governor from New York,                    YOUNG). Without objection, it is so or-
                                             Baltimore to deal with these costs.                     have joined with all of our Governors                 dered.
                                             They have to balance their budget.                      in saying that they need help now from                  (The remarks of Mr. CRUZ pertaining
                                               The State of Maryland has to balance                  the Federal Government in order to                    to the introduction of S. 3835 are print-
                                             its budget. Baltimore City has to bal-                  maintain critical missions of public                  ed in today’s RECORD under ‘‘State-
                                             ance its budget. It doesn’t have the lee-               safety, of public health, of education                ments on Introduced Bills and Joint
                                             way we have in order to respond to a                    and, yes, to meet the direct needs re-                Resolutions.’’)
                                             crisis by pumping money at a problem.                   lated to COVID–19. They need help                       Mr. CRUZ. I yield the floor.
                                               Baltimore County has a $172 million                   now. Yes, we need to respond.                                          CLOTURE MOTION
                                             revenue projection. That is a 22-percent                  I am pleased that there is a bipar-
                                                                                                     tisan group of Senators who have filed                  The PRESIDING OFFICER. Pursuant
                                             reduction in this year’s budget in re-
                                                                                                     the SMART Act. The Governors say                      to rule XXII, the Chair lays before the
                                             gard to income tax revenues alone.
                                                                                                     they need $500 billion in order to get                Senate the pending cloture motion,
                                             They have a 70-percent reduction in
                                                                                                     through this immediate crisis—$500 bil-               which the clerk will state.
                                             motel and hotel tax revenues.
                                               For Montgomery County, our neigh-                     lion more. Well, the SMART Act pro-                     The legislative clerk read as follows:
                                             bor that borders DC, there is a $250 mil-               vides $500 billion. Two-thirds would go                               CLOTURE MOTION
                                             lion projected revenue loss for this                    to the State and one-third to the local                 We, the undersigned Senators, in ac-
                                             year. Prince George’s County has a $134                 governments. That is an important                     cordance with the provisions of rule
                                             million revenue loss for this year, and                 start, but we could do better than that.              XXII of the Standing Rules of the Sen-
                                             that includes a reduction of $886 mil-                    The HEROES Act, the bill that                       ate, do hereby move to bring to a close
                                             lion in income tax revenues. Anne                       passed the House of Representatives,                  debate on the nomination of John
                                             Arundel County anticipates a $63 mil-                   provides $875 billion, and 57 percent                 Leonard Badalamenti, of Florida, to be
                                             lion loss of revenue. They have frozen                  goes to the States, meeting what the                  United States District Judge for the
                                             all positions. Howard County projects a                 States need; that is, basically the                   Middle District of Florida.
                                             $30 to $40 million loss of revenue. They                States’ needs. And 42 percent goes to                     Mitch McConnell, Chuck Grassley, Joni
                                             normally have a growth of $25 million.                  local governments, half to the coun-                       Ernst, John Barrasso, Deb Fischer,
                                                                                                     ties, half to municipalities over 50,000.                  John Cornyn, Roger F. Wicker, Roy
                                             That is a swing of $55 million to $65                                                                              Blunt, John Thune, Rob Portman,
                                             million for a county that wasn’t large                  That would go a long way to meeting
                                                                                                     the needs of our local first responders,                   Shelley Moore Capito, Steve Daines,
                                             enough to get direct help under the                                                                                Lindsey Graham, Pat Roberts, Cindy
                                             CARES Act.                                              our police, our fire, our emergency res-                   Hyde-Smith,   Richard  Burr,   Mike
                                               I mention the CARES Act because it                    cue, our schools. Those types of issues                    Crapo.
                                             was an important bill. When we first                    could be addressed under that need.
                                                                                                       We have to respond. We just can’t go                  The PRESIDING OFFICER. By unan-
                                             took it up, it did not include a robust                                                                       imous consent the mandatory quorum
                                             provision for State and local. We put                   home and say that this is not our prob-
                                                                                                     lem. These are our constituents. They                 call has been waived.
                                             that in on the Senate floor, and we are                                                                         The question is, Is it the sense of the
                                             pleased we were able to do that. It is                  depend upon local police and fire. They
                                                                                                     depend upon our schools being prepared                Senate that debate on the nomination
                                             limited. It is limited because the                                                                            of John Leonard Badalamenti, of Flor-
                                             money that we made available under                      to educate their children. They depend
                                                                                                     upon sanitation being collected. They                 ida, to be United States District Judge
                                             the CARES Act provided help to State                                                                          for the Middle District of Florida, shall
                                                                                                     depend upon the public health capac-
                                             and local governments on their direct                                                                         be brought to a close?
                                                                                                     ities. That is where they get those
                                             costs associated with COVID–19. That                                                                            The yeas and nays are mandatory
                                                                                                     services. If we don’t provide the where-
                                             money has been used for direct costs                                                                          under the rule.
                                                                                                     withal under the balanced budget rules,
                                             associated with COVID–19.                                                                                       The clerk will call the roll.
                                                                                                     they are not going to be able to provide
                                               I have already pointed out the rev-
                                                                                                     those essential services.                               The legislative clerk called the roll.
                                             enue losses in the State of Maryland                      My plea is that before we go into re-                 Mr. THUNE. The following Senators
                                             and in our subdivisions. The CARES                      cess, let us take up at least the issues              are necessarily absent: the Senator
                                             Act doesn’t provide any help in regard                  affecting State and local governments                 from Tennessee (Mr. ALEXANDER), the
                                             to making up for the revenue losses.                    and do something to help so that they                 Senator from North Carolina (Mr.
                                             The CARES Act went only to jurisdic-                    can continue to provide essential serv-               BURR), the Senator from Alaska (Ms.
                                             tions of 500,000 or more—over 500,000.                  ices to our constituents and they can                 MURKOWSKI), and the Senator from
                                               Only a few of our counties were eligi-                deal with the direct costs associated                 South Dakota (Mr. ROUNDS).
                                             ble for help in my State. Most of our                   with COVID–19 in their communities.
                                             counties were not eligible for help di-                                                                         Further, if present and voting the
                                                                                                       As we are beginning to reopen our                   Senator from Tennessee (Mr. ALEX-
                                             rectly. They had to apply through the                   communities, we need to make sure                     ANDER) would have voted ‘‘yea.’’
                                             State, but they were not eligible for di-               our State and local governments have
                                             rect help.                                                                                                      Mr. DURBIN. I announce that the
                                                                                                     the resources to respond to the chal-                 Senator from Massachusetts (Mr. MAR-
                                               Let me give you one county:                           lenges when more people are getting
                                             Wicomico County, Eastern Shore of                                                                             KEY), the Senator from Washington
                                                                                                     together. We also need to respond if we               (Mrs. MURRAY), and the Senator from
                                             Maryland. That is where the poultry                     are going to get our economy back on
                                             processing plants are located. That is                                                                        Vermont (Mr. SANDERS) are necessarily
                                                                                                     track. It is not going to get back on                 absent.
                                             where the problems of COVID–19 need-                    track if our State and local govern-
                                             ed to be contained. We did not provide                                                                          The PRESIDING OFFICER. Are there
                                                                                                     ments are laying off their workers. We                any other Senators in the Chamber de-
                                             any direct help to Wicomico County in                   need to respond in a positive way, and
                                             regard to stabilization funds. That was                                                                       siring to vote?
                                                                                                     we need to do that now.                                 The yeas and nays resulted—yeas 65,
                                             wrong.                                                    I urge my colleagues to take up legis-
                                               As we all know, we treated our host                                                                         nays 28, as follows:
                                                                                                     lation before we go into recess in order
                                             jurisdiction here, the District of Co-                  to help the people of our Nation                                  [Rollcall Vote No. 102 Ex.]
                                             lumbia, wrongly by not allowing them                    through our State and local govern-                                       YEAS—65
                                             to get the same minimum distribution                    ments.                                                Barrasso           Cramer         Graham
                                             as a State. The CARES Act helped, but                     I suggest the absence of a quorum.                  Blackburn          Crapo          Grassley
                                             it didn’t deal with the current crisis                                                                        Blunt              Cruz           Hassan
                                                                                                       The PRESIDING OFFICER. The




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                                                                                                                                                           Boozman            Daines         Hawley
                                             that we now find at State and local                     clerk will call the roll.                             Braun              Duckworth      Hoeven
                                             governments.                                              The senior assistant legislative clerk              Capito             Durbin         Hyde-Smith
                                               The Governors have issued a bipar-                    proceeded to call the roll.                           Carper             Enzi           Inhofe
                                             tisan plea. Governor Hogan, who is the                    Mr. CRUZ. Mr. President, I ask unan-                Cassidy            Ernst          Johnson
                                                                                                                                                           Collins            Feinstein      Jones
                                             chair of the National Governors Asso-                   imous consent that the order for the                  Cornyn             Fischer        Kennedy
                                             ciation, the Republican Governor from                   quorum call be rescinded.                             Cotton             Gardner        King




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