Congressional Record, Senate, June 3, 2020 — H.R. 7010 Unanimous Consent Request
Summary
Page S2679 of the Senate section of the Congressional Record for June 3, 2020. It prints a cloture motion on the nomination of Drew B. Tipton, of Texas, to be United States District Judge for the Southern District of Texas, signed by Mitch McConnell and other Senators. A vote is announced with the yeas 53 and the nays 42, and the motion is agreed to. Under the heading Unanimous Consent Request, H.R. 7010, Mr. Schumer says he will ask unanimous consent. The page also covers the vote on the Anderson nomination and a statement about the FBI and surveillance oversight.
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“Congressional Record, Senate, June 3, 2020 — H.R. 7010 Unanimous Consent Request.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-03-crec-2020-06-03-pt1-pgs2679-4-153ec809f0/
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June 3, 2020 CONGRESSIONAL RECORD — SENATE S2679
town councils, and State governments. The PRESIDING OFFICER. Under Coons Kaine Rosen
Cortez Masto King Schumer
We cannot use the blanket approach the previous order, the motion to re- Duckworth Klobuchar Shaheen
the government took in shutting down consider is considered made and laid Durbin Leahy Sinema
the economy to reopen it. Instead, we upon the table, and the President will Feinstein Manchin Stabenow
need to provide the tools to empower be immediately notified of the Senate’s Gillibrand Menendez Udall
Harris Merkley Van Hollen
local leaders and businesses who know action. Hassan Murphy Warner
their communities best to reopen safe- f Heinrich Murray Warren
ly so that our country can function Hirono Peters Whitehouse
Jones Reed Wyden
again. CLOTURE MOTION
I believe that through the persever- NOT VOTING—5
The PRESIDING OFFICER. Pursuant
ance and innovation that American to rule XXII, the Chair lays before the Markey Schatz Tester
business has always exhibited, we can Sanders Smith
Senate the pending cloture motion,
get our economy back on the path to which the clerk will state. The PRESIDING OFFICER. On this
recent heights without yielding back The senior assistant legislative clerk vote, the yeas are 53, the nays are 42.
any territory to the virus. read as follows: The motion is agreed to.
I yield the floor.
CLOTURE MOTION f
VOTE ON ANDERSON NOMINATION
We, the undersigned Senators, in ac- EXECUTIVE CALENDAR
The PRESIDING OFFICER. All cordance with the provisions of rule
postcloture time has expired. XXII of the Standing Rules of the Sen- The PRESIDING OFFICER. The
The question is, Will the Senate ad- ate, do hereby move to bring to a close clerk will report the nomination.
vise and consent to the Anderson nomi- debate on the nomination of Drew B. The legislative clerk read the nomi-
nation? Tipton, of Texas, to be United States nation of Drew B. Tipton, of Texas, to
Mr. ALEXANDER. Mr. President, I be United States District Judge for the
District Judge for the Southern Dis-
ask for the yeas and nays. Southern District of Texas.
trict of Texas.
The PRESIDING OFFICER. Is there a Mitch McConnell, Deb Fischer, Steve Thereupon, the Senate proceeded to
sufficient second? Daines, Cory Gardner, Tim Scott, Ted consider the nomination.
There appears to be a sufficient sec- Cruz, David Perdue, James E. Risch, The PRESIDING OFFICER. The
ond. Roger F. Wicker, Pat Roberts, Lindsey Democratic leader.
The clerk will call the roll. Graham, Mike Crapo, Michael B. Enzi,
UNANIMOUS CONSENT REQUEST—H.R. 7010
The senior assistant legislative clerk John Barrasso, Marsha Blackburn,
John Thune, Richard C. Shelby. Mr. SCHUMER. Mr. President, in a
called the roll.
Mr. DURBIN. I announce that the moment I will ask unanimous consent
The PRESIDING OFFICER. By unan-
Senator from Massachusetts (Mr. MAR- to pass legislation that makes urgently
imous consent, the mandatory quorum
KEY), the Senator from Vermont (Mr.
needed reforms to the PPP to make the
call has been waived.
SANDERS), the Senator from Hawaii program much more functional for
The question is, Is it the sense of the
(Mr. SCHATZ), the Senator from Min- all—underline ‘‘all’’—small businesses.
Senate that debate on the nomination
nesota (Ms. SMITH), and the Senator Let me just name a few of the
of Drew B. Tipton, of Texas, to be
from Montana (Mr. TESTER) are nec- changes. First, it expands the loan pe-
United States District Judge for the
essarily absent. riod from 8 weeks to 24 weeks. Cur-
Southern District of Texas, shall be
The PRESIDING OFFICER (Mr. COT- rently, workers may be brought back
brought to a close?
TON). Are there any other Senators in
for the 8 weeks, but what good is it if
The yeas and nays are mandatory
the Chamber desiring to vote? they are again laid off after that short
under the rule.
The result was announced—yeas 78, period? It is unrealistic, and small
The clerk will call the roll.
nays 17, as follows: businesses need assistance that can
The legislative clerk called the roll.
cover the full length of this crisis.
[Rollcall Vote No. 109 Ex.] Mr. DURBIN. I announce that the
Second, the legislation removes the
YEAS—78 Senator from Massachusetts (Mr. MAR-
25-percent restriction imposed by the
Alexander Feinstein Paul KEY), the Senator from Vermont (Mr.
Trump administration on the use of
Barrasso Fischer Perdue SANDERS), the Senator from Hawaii
Bennet Gardner Peters loans for fixed costs, rents, mortgages,
(Mr. SCHATZ), the Senator from Min-
Blackburn Graham Portman utilities, and replaces it with new 60–40
Blunt Grassley Reed
nesota (Ms. SMITH), and the Senator
payroll-to-nonpayroll expenses. This
Boozman Hassan Risch from Montana (Mr. TESTER) are nec-
change will continue PPP’s support in
Braun Hawley Roberts essarily absent.
Brown Hirono Romney getting workers back on the payroll
The PRESIDING OFFICER. Are there
Burr Hoeven Rosen but giving small businesses more flexi-
Capito Hyde-Smith Rounds any other Senators in the Chamber de-
bility to survive in this crisis, which is
Carper Inhofe Rubio siring to vote?
Casey Johnson Sasse essential to the long-term employment
The result was announced—yeas 53,
Cassidy Jones Scott (FL) prospect of the workers.
Collins Kaine Scott (SC)
nays 42, as follows:
For my home State of New York, we
Coons Kennedy Shaheen [Rollcall Vote No. 110 Ex.]
Cornyn King Shelby
have high rents, high utility costs.
YEAS—53 Many businesses were frozen out when
Cortez Masto Lankford Sinema
Cotton Leahy Stabenow Alexander Fischer Perdue there was 25 percent, but 40 percent
Cramer Lee Sullivan Barrasso Gardner Portman
Blackburn Graham Risch
will get them in, and that applies to
Crapo Loeffler Thune
Cruz Manchin Tillis Blunt Grassley Roberts the more high-cost areas throughout
Daines McConnell Toomey Boozman Hawley Romney the country. Even though these are
Duckworth McSally Warner Braun Hoeven Rounds small businesses, they are struggling
Durbin Menendez Whitehouse Burr Hyde-Smith Rubio
Enzi Moran Wicker Capito Inhofe under those costs.
Sasse
Ernst Murkowski Young Cassidy Johnson
Scott (FL)
Third, the proposal extends the pro-
Collins Kennedy gram to the end of the year and makes
NAYS—17 Scott (SC)
Cornyn Lankford
Cotton Lee
Shelby December 31 the deadline to rehire
Baldwin Harris Schumer Sullivan
Blumenthal Heinrich Udall Cramer Loeffler workers in order to get full forgiveness
Thune
Booker Klobuchar Van Hollen Crapo McConnell on the loan. We have a long way to go
Cruz McSally Tillis
Cantwell Merkley Warren before the economy will come back in
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Daines Moran Toomey
Cardin Murphy Wyden real ways. This will give businesses a
Enzi Murkowski Wicker
Gillibrand Murray
Ernst Paul Young more realistic timeline to get the help
NOT VOTING—5 they need while bringing back employ-
NAYS—42
Markey Schatz Tester ees.
Sanders Smith Baldwin Booker Cardin
Bennet Brown Carper The bill ensures any amounts of the
The nomination was confirmed. Blumenthal Cantwell Casey loan not forgiven will have at least a 5-
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S2680 CONGRESSIONAL RECORD — SENATE June 3, 2020
year term of repayment so that small ness Committee. I hope that passing That is why the legislation that passed
businesses will not be saddled with the this legislation in a bipartisan way as the House was part of this bipartisan,
need to be repaid within 2 years. The it did in the House will give us momen- bicameral effort to give additional
impact of this crisis is long-lasting and tum to keep working on the medical, flexibility for those who had the pay-
requires lenient terms. We have all economic, and racial crises that still check protection plan loans. We recog-
heard from small businesses in our affect our Nation. nize now that 8 weeks is not long
States that while they are glad there is I yield the floor. enough, and that is why this legisla-
a program—they would have gone The PRESIDING OFFICER. The Sen- tion would change that 8 weeks to 24
under without it; it is a very good ator from Maryland. weeks, giving small businesses a great-
thing—it needed some changes to make Mr. CARDIN. Mr. President, first, let er opportunity to qualify for a max-
it work for so many small businesses me thank Senator SCHUMER for bring- imum amount of loan forgiveness and
that have been left out or rejected. ing this issue to the floor at this time. giving small businesses more flexi-
I say to small businesses across the Senator SCHUMER has been a great bility on how they allocate those funds
country: After this changes, apply leader on what we need to do to help between payroll and nonpayroll ex-
again even if you applied the first time respond to COVID–19. He recognized penses.
because it will be easier to meet the re- from the beginning that we needed a As we heard today in our first over-
quirements and criteria. balanced program to deal with the sight hearing in the Small Business
This is not controversial. The House health pandemic, with the Marshall and Entrepreneurship Committee,
of Representatives passed this legisla- Plan, to deal with the help to our State small businesses are different. Maybe 8
tion with a vote of 417 to 1. We can’t and local governments, and to deal weeks works for some, but maybe it
wait any longer. Businesses are really with the economic consequences of doesn’t work for others. Maybe 75 per-
suffering for lack of these changes, and COVID–19. cent of payroll works for one but
to wait and wait and wait—if someone Senator SCHUMER helped us develop a doesn’t work for another. We need a
wants to make changes, let’s do it balanced approach to deal with the eco- program that can fit the vast majority
when we get to the Heroes bill, to nomic challenges while, yes, helping of small businesses, and the changes
COVID 4. But to delay another week or the individual through unemployment represented in the House bill rep-
2 weeks or 3 weeks to get this all bol- insurance and direct checks from the resents those changes that if we had
lixed up—we can’t afford to wait. Our IRS but also helping our businesses. recognized in March that this pan-
small businesses cannot afford to wait. For small businesses we created new demic would have continuing impact
These changes are universally agreed tools; for larger businesses we had on our economy well beyond 8 weeks,
to as good ones, and we shouldn’t let loans. would have certainly been considered
someone who wants a small change I was proud to be part of a task force during that period of time.
say: Let’s stop it until we go forward. that was charged with developing the Now is the time to pass this. I just
The bill has the broad support of tools for small business. I want to want to underscore this point. The 8
small businesses across industries, thank my partner Senator SHAHEEN for weeks will expire for the first loans
mom-and-pop restaurants, underserved her incredible help and leadership in that were issued under the PPP pro-
businesses, minority businesses, non- crafting the programs of the Paycheck gram next week. Small businesses need
profits that have been hit hard by this Protection Program while also dealing predictability. They need to know
pandemic. It should be passed by the with the economic disaster loan pro- whether this is going to be the law or
Senate right now. gram, which was new and a loan for- not before they apply for their forgive-
These fixes will not solve every prob- giveness program. ness. So we don’t have any extra time.
lem in PPP. Too many underserved We did this working with Senators We need to pass this right now. It is a
small businesses and minority small RUBIO and COLLINS. It was truly bipar- bipartisan effort and is a bipartisan
businesses are still struggling to get tisan. We did it in a matter of literally bill.
the help they need in these troubled a few days—a week or so, and we were What Senator SCHUMER said is abso-
times. These will not diminish in any able to get this program crafted in a lutely correct. We will have other op-
way the urgency of passing legislation way that it provided incredible relief portunities to deal with other provi-
like the Heroes Act, which provides ad- to the small businesses of our country. sions to help small businesses. We are
ditional help not only for businesses So today, what is the record? There not finished. We recognize that there
but for homeowners, renters, essential are 4.4 million loans that have been are small businesses that may need ad-
workers, medical facilities, local and issued under the Paycheck Protection ditional help, particularly those who
State governments, and more. Our Re- Program, and $510 billion has been have seen dramatic reductions in their
publican colleagues must come to the made available to small businesses in revenues and the smaller of the small
table and work with us to pass future this country. It literally has been a businesses and those underserved com-
reforms. lifeline allowing small companies to munities. We need to pay attention to
Nor will it divert our caucus in its continue to exist. You see, with small do something about that. But let’s get
quest for police reform and racial jus- companies, we get more job growth this program working right today.
tice. We have to do that as well. than bigger companies. We get ideas on Let’s give the notices to small busi-
But today we have an opportunity to how to deal with economic challenges. nesses and get this passed through the
pass meaningful reforms that our small But in economic downturns they don’t Senate today so that small businesses
businesses need now. We must get this have the liquidity and resilience that can plan on how to deal with the next
done. Businesses are going under every larger companies have. That is why we several months.
day. Small businesses that have strug- had to pass this type of help. We did I yield the floor.
gled and sweated—my dad’s was one of that in March, and when we passed The PRESIDING OFFICER. The Sen-
them—that need help and can’t get those bills in March, quite frankly we ator from New Hampshire.
help because of certain problems in thought that by now the economy Mrs. SHAHEEN. Mr. President, I am
this bill will be so relieved when we would be in a much better shape than so pleased to be able to join Leader
pass this legislation, which has already it is and that small businesses would be SCHUMER and my colleague and rank-
passed the House. able to return to somewhat of a normal ing member of the small business com-
I want to particularly thank two peo- economy. Well, that is not the case. mittee, Senator CARDIN. I am grateful
ple on our side who have worked long We recognize that certain busi- for his leadership and for the partner-
and hard on this legislation, who will nesses—such as those in the hospitality ship that we had back in March with
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speak now. One is Senator CARDIN from field, health clubs, caterers, museums, Senators RUBIO and COLLINS. It truly
Maryland, the ranking member of the and the list goes on and on—have vir- was a bipartisan partnership to try and
Committee on Small Business, and one tually not been able to open at all yet, address the challenges that small busi-
is Senator SHAHEEN, the senior Senator and they are going to need more help nesses are facing across this country.
from New Hampshire, who is also a than just the 8 weeks that was planned In New Hampshire small businesses
very active member of the Small Busi- in the Paycheck Protection Program. are our lifeblood. They were going
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June 3, 2020 CONGRESSIONAL RECORD — SENATE S2681
under because of this pandemic, so the this bill now—we pass this bill imme- with the fact that we have to do some-
Paycheck Protection Program has been diately—because small businesses need thing. I want to do something as well.
a lifesaver. But we know there are the certainty. In the next week or two, I just want to make sure that if we do
things that need to change about it in many will be affected negatively if we put more money into this thing, it is
order for it to continue to help those don’t get this legislation passed. not going to be flowing to businesses
businesses. So I ask unanimous consent that the that don’t need it, thereby denying
In New Hampshire we have 22,000 Senate proceed to the immediate con- those businesses that truly do need it
small businesses and nonprofits that sideration of H.R. 710, which was re- in a more targeted fashion.
have received over $2.5 billion in for- ceived from the House; that the bill be So, Madam President, I object.
givable loans under the program. considered read a third time and The PRESIDING OFFICER. Objec-
But we have also heard from many of passed; and that the motion to recon- tion is heard.
those businesses that there are im- sider be considered made and laid upon The Democratic leader.
provements and fixes that are nec- the table. Mr. SCHUMER. Madam President, I
essary, businesses like The Little The PRESIDING OFFICER (Mrs. respect the good faith and sincerity in
Grille, a New Hampshire restaurant BLACKBURN). Is there objection? my colleague from Wisconsin.
The Senator from Wisconsin. I would say this: If we change this
with locations in Littleton and
Mr. JOHNSON. Madam President, re- bill and then go to conference with the
Woodsville. They said that PPP has
serving the right to object, I appreciate House, we risk too much delay. We
been a lifesaver. But they have only 2
my colleague’s desire to help small should move the bill now. We are will-
weeks remaining on their forgivable
businesses. I really don’t think there is ing to, certainly, look at the changes
term, and if the terms of the loan are
a stronger advocate in support of small that my colleague from Wisconsin pro-
not addressed, the owners of The Little
business in all of Congress. I think I poses, and we can do that in a UC to-
Grille told us that they will be back in
have proved that with my work in tax morrow, next week, whenever—but not
the same position they were at the
reform, fighting for 95 percent of Amer- hold this bill up because, even if the
start of the pandemic, and they may be
ican businesses that are pass-through Senator is right in his interpretation—
forced to lay off staff.
We have heard from the Portsmouth entities. which may be right; it may be wrong—
Brewery, which received their PPP I think my colleagues on the floor it doesn’t affect 95 percent of the busi-
loan, and they want to rehire their 28 here today realize that what the House nesses in the next few weeks that need
employees but they need more flexi- passed has one very significant flaw in help.
it—probably a technical drafting error So we ought to pass this bill, help the
bility and extensions to the program to
but a significant flaw—which says that urgent needs that those businesses
resume operations.
Then, of course, we have heard from if you don’t spend 60 percent of the have, and whatever corrections that
Big Dave’s Bagels & Deli in North PPP loan on payroll, you get no for- my colleague from Wisconsin wishes to
Conway. His 32-year-old bakery was giveness, which was a dramatic dif- make, I am sure my colleagues from
predominantly takeout before the pan- ference from what it was when you had Maryland and New Hampshire and I
demic, but he was able to keep his em- 75 percent. would look at it. But to hold this bill
ployees on and offer hazard pay be- I am in favor of all those changes. As up now, which passed 417 to 1 in the
cause his approval for the PPP loan Senator SHAHEEN pointed out, there House and which does so many good
came through at the very end of April. are a lot of problems with PPP that and needed things, unaffected by the
Now he needs flexibility and loan terms need to be corrected. My only objection provision that he is having trouble
if he is going to keep his employees on is, before we authorize this and put an with, I think would be a sincere mis-
the payroll. authorization date all the way to De- take.
So I would ask him to reconsider. We
I could go on and on with example cember 31, we need to make sure those
need to pass this bill today.
after example, but the important thing changes are made. Mr. JOHNSON. Will the Democratic
is, as Senators SCHUMER and CARDIN So my only objection is we should
leader yield?
have said so eloquently, those first not extend this authorization without Mr. SCHUMER. I will be happy to
loans are about to end, and if we don’t significant reforms that I hope my col- yield.
do something to help those businesses, leagues would all agree with; for exam- Mr. JOHNSON. What we are working
they are going to be back in the same ple, the fact that many businesses— on is not a change to this legislation.
place that they were in in March when again, I am not denying that PPP pro- The way we are working this we will
the shelter-at-home and the stay-at- vided very swift funding to businesses still be able to pass this piece of legis-
home orders began in New Hampshire that truly needed it. It was a real life- lation unamended, unchanged, with a
and across this country. line. It worked from that standpoint. letter of intent from the chairs and the
So we need to do something. This leg- But, in our case, we all knew that we ranking members of the Small Busi-
islation addresses the concerns that had to do something massive, we had ness Committees of both the House and
people have expressed. I think we also to do something quick, but we also the Senate—together with a commit-
need to provide additional funding or knew it was going to be far from per- ment from the majority leader—and we
additional help over the next month fect. In our haste in crafting this, we can pass this as-is.
until things open back up in the econ- made it possible for many businesses We don’t have to delay it. We are just
omy. that didn’t need it at all to have access this close. I am objecting at this time.
But, in the short term, the legisla- to those funds, and we don’t have an Give us a little bit more time to work
tion addresses the concerns that we unlimited checking account. out that method, and then we will be
have been hearing from small busi- When we give money to support busi- able to pass this measure without
nesses, and I hope we are going to see nesses that don’t need it, we are going amendment—no changes—pass this and
our colleagues pass it by unanimous to have less money to give to those then work in good faith together to
consent so that there is some certainty that truly do need it. make those changes I think we all
for those businesses as they try and Unfortunately, what we are down to agree need to be changed in the future.
open back up in this very difficult en- here with this unanimous consent re- The PRESIDING OFFICER. The Sen-
vironment. quest—we have been working in good ator from New Hampshire.
Mr. SCHUMER. Madam President, let faith with the sponsors of the House Mrs. SHAHEEN. Will my colleague
me thank my colleagues from Mary- bill, with the Republican leadership. I from Wisconsin yield for a question?
land and New Hampshire for their elo- reached out to the Democratic leader, Mr. JOHNSON. Sure.
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quence. saying that we are very close; I think Mrs. SHAHEEN. Do I understand
Again, we need to act now. We have we will probably be able to pass the that you think you will have some res-
waited long enough to make these House bill, with assurances, by unani- olution of this by this afternoon, so
changes. The House passed them 417 to mous consent, just not at this moment. you expect at that point to come back
1. There may be changes people want to So, again, I appreciate their in with another UC request to pass this
make, but I would urge that we pass thoughts. I am really not disagreeing bill?
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S2682 CONGRESSIONAL RECORD — SENATE June 3, 2020
Mr. JOHNSON. Yes. With coopera- think, innovative ideas for what we can try to work those out, it would make
tion from the chairmen and the rank- do to help restore capital for businesses eminent sense to delay this one, as
ing members of both committees, I that are going to need it to reopen our well, and try to work that out and pass
think we will be able to get this thing economy, and I would love to work this bill. You never know what hap-
done. very closely. pens.
Again, our request is really very sim- I obviously have experience in busi- We should pass it today, not wait for
ple. I am not the only one. We don’t nesses and small businesses and would tomorrow. We should pass it now, not
want to see this program automati- like to work with the chairman and wait a few hours. Lord knows what can
cally reauthorized until the end of De- ranking member of the Small Business happen. Businesses are crying out.
cember. Now, there is some dispute as Committee. I think our moving here will move
to whether the language actually does The PRESIDING OFFICER. The Sen- the process forward. It wouldn’t have
that. It sounds like the intent was not ator from Maryland. moved as quickly as if we didn’t move
to do that; it was just to allow people Mr. CARDIN. If the Senator would the bill, but it is still a better bet to
to spend money through the end of De- yield, he has mentioned several dif- help small businesses, even with the
cember, which we have no problem ferent issues. I appreciate the fact that concern my colleague has, to pass this
with. we are trying to get this done today bill now.
Mrs. SHAHEEN. That is my under- and that he is indicating we have a I would make one final plea: Let’s
standing of the bill; it doesn’t allow path forward to get this completed this pass it now. If not, we should pass it
you to apply for the loan through De- afternoon and the House bill to the today.
cember. President, which is our objective, so Mr. JOHNSON. I am happy to come
Mr. JOHNSON. So, again, CRS actu- that small business owners under- back or let you come back and ask for
ally interprets it as a full authoriza- stand—24 weeks before their loans ex- unanimous consent if we get this ham-
tion, so we just need to show what that pire and understand the additional mered out, and I will not object. But,
true intent is, put that letter into the flexibility on how they can spend the at this point, I am going to object until
CONGRESSIONAL RECORD so that we are money because they are making those we get this hammered out.
The PRESIDING OFFICER. Objec-
certain that we are not reauthorizing decisions, literally, today.
tion is heard.
this or authorizing it through Decem- The Senator mentioned several dif-
Mr. SCHUMER. I yield the floor.
ber 31; that the authorization does end ferent issues that he is concerned The PRESIDING OFFICER. The Sen-
June 30 so that, if we do want to put about, but it appears that the one area ator from Maryland.
more funds into a program like PPP, in which he is seeking consensus here Mr. CARDIN. Madam President, I
that new program will have the type of deals with the authority to issue a loan rise today as the United States of
directed reforms that I think we really under the PPP program through June America, again, faces the enormous
could gain agreement on. of this year, which is what the law is, challenge and responsibility of striving
Mr. SCHUMER. Madam President, I and I don’t believe it is changed by the to live up to the preamble of the Con-
thank my colleague. I would simply House bill. Is that the issue for which stitution of the United States.
say that it seems to me he has it a lit- you are seeking to get consensus from The preamble provides: ‘‘We the Peo-
tle backward. the ranking member and chairman? ple of the United States, in Order to
We should pass this bill and then Mr. JOHNSON. I believe so. Again, form a more perfect Union, establish
work on the changes—not hold this bill there is a dispute as to what the lan- Justice, insure domestic Tranquility,
up. Who knows what can happen? guage actually says. Again, I have no provide for the common defense, pro-
Maybe it will happen today; maybe it problem with the full $660 billion that mote the general Welfare, and secure
will not. We have the moment to do it has already been appropriated to be the Blessings of Liberty to ourselves
now. We waited 21⁄2 days. We could have spent whenever. But I don’t want to re- and our Posterity, do ordain and estab-
done the UC Monday. We waited until authorize the program past June 30 lish this Constitution for the United
Wednesday afternoon. We are leaving without the types of reforms that we States of America.’’
here tomorrow at about 1. can talk about. Then we will pass it I note that our Founders, who were
The House is not in session now. It through regular order. far from perfect when it came to racial
would be very, very wise and helpful to What I am suggesting here is to just issues, thought that justice was more
small business—and I have talked to wait until we have this letter of intent important than domestic tranquility.
many of them all across the country— for the RECORD. We are just asking the They listed justice first.
to pass this bill now, and then we will chairman or ranking member of the Today, America is grieving over the
work in good faith on the small change Small Business Committees of both brutal and unnecessary death of George
that my colleague wished to have. houses to agree to and sign, and then Floyd in Minneapolis on May 25. Both
Mr. JOHNSON. Will the Senator we will pass this bill as-is, unchanged, State and Federal law enforcement of-
yield? to give those small businesses the cer- ficers are moving quickly to bring the
Mr. SCHUMER. I yield. tainty we want to provide them. police officers in this case to justice
Mr. JOHNSON. The way we are work- Mr. CARDIN. I am just trying to fig- and hold them accountable for their ac-
ing this out, there would be no change ure out what I am supposed to be sign- tions, as Mr. Floyd’s cries of ‘‘I can’t
required, just a letter for the CONGRES- ing as ranking member of the com- breathe’’ went unanswered as the life
SIONAL RECORD stating what I believe mittee. If I understand—because the drained out of him.
the intent was, just to allow people to Senator had mentioned problems with Video taken by several witnesses
spend to the end of December. We are the 60 percent—— show that George Floyd—who was
just working out the details of that Mr. JOHNSON. We will deal with Black and was unarmed—was hand-
language, and then we will be able to those in the future. cuffed and pinned to the ground by a
allow this to pass by unanimous con- Mr. CARDIN. I just want to make police officer who held his knee against
sent. sure we have—— Mr. Floyd’s neck as he pleaded for his
By the way, I have gotten other Mr. JOHNSON. I have no demands life. Mr. Floyd was on the ground, re-
Members who are objecting to this to other than one—again, we are so close. peatedly telling the officer that he
agree to this as well. We are first working it out on our side, could not breathe. And despite the fact
So just give us a little bit more time; and then we will consult you, and that bystanders are all heard on video
agree to that language. Hopefully, the maybe we will pass it yet tonight or begging the officer to relent, he did not
ranking member would agree with that early tomorrow morning. That is my remove his knee from Mr. Floyd’s neck
dlhill on DSK120RN23PROD with SENATE
letter for the CONGRESSIONAL RECORD. goal as well. until after an ambulance arrived.
Pass this bill, unchanged. Then, in the The PRESIDING OFFICER. The Eventually Mr. Floyd lost conscious-
future—because this PPP will expire Democratic leader. ness. He was pronounced dead after
June 30, but the need does not. Mr. SCHUMER. Madam President, if being transported to a local hospital.
If you read my article in the Wall my friend from Wisconsin is willing to As leaders, regardless of party, we
Street Journal, I have a number of, I delay the other changes he wants and cannot stay silent about George
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June 3, 2020 CONGRESSIONAL RECORD — SENATE S2683
Floyd’s death. Black lives matter. includes race? The answer is yes. But how to peacefully protest and petition
George Floyd was a father, a son, and a the bill prohibits blanket targeting the government for redress of griev-
brother. His life mattered. He did not solely based on race or one of the other ances, as Baltimore has willingly
need to die. He and his family deserve protected categories. agreed to work with the U.S. Depart-
justice. How many other Black men This bill also mandates training on ment of Justice to overhaul its entire
and women have died at the hands of racial profiling issues as part of Fed- police force so that policing its citizens
law enforcement or vigilante civilians eral law enforcement training, the col- is both fair and effective.
due to the color of their skin but have lection of data on all routine and spon- As many of my colleagues have said
not been caught on video? Those vic- taneous investigatory activities, and before, ‘‘Civil Rights is still the unfin-
tims deserve justice too. the creation of procedures for receiv- ished business of America.’’ Prejudice,
We must act, working together, to ing, investigating, and responding discrimination, and outright racism
fundamentally reform the ways police meaningfully to complaints alleging continues to limit the lives of the large
across this Nation interact with the racial profiling by law enforcement. number of our people. We must con-
communities they serve. Systematic racism will not disappear tinue the struggle today in order to
On Monday night, President Trump overnight. We must engage all law en- make urgent progress.
once again failed to lead this Nation in forcement in aggressive training and As I close, I am reminded of my dear
a time of crisis, and he has forfeited his then have data to show where there is friend, the late Representative Elijah
moral authority as President. Spraying progress and where challenges remain. Cummings, who died last year. He was
tear gas at peaceful protesters to clear Our bill authorizes the Department of a fellow Baltimorean and fellow grad-
a path for a photo op is opposite of Justice grants for the development and uate of the University of Maryland
American values and basic human implementation of best policing prac- Law School. He gave the eulogy for
rights. It violates civil and human tices. Freddie Gray in 2015, who died after
rights under any circumstances. The second bill is the Law Enforce- being arrested and taken into police
President Trump fans the flames of ment Trust and Integrity Act that I department custody.
racism and seeks to divide Americans have filed. The Law Enforcement Trust During the church service, he closed
for political purposes, just as he did in and Integrity Act takes a comprehen- with a quote from the Book of Amos:
Charlottesville and far too many places sive approach at addressing the issue of I want justice, oceans of it. I want fairness,
since. He seems willfully blind to the police accountability and building rivers of it. That’s what I want. That’s all I
reason people are protesting in the trust between police departments and want.
first place—to end systematic racism their communities. Elijah also asked a pointed question
in the repeated and tragic targeting of This legislation provides incentives of those of us at the funeral that day,
Blacks by law enforcement. for local police organizations to volun- as well as to the news cameras that
Congress, finally, must act to pass a tarily adopt performance-based stand- were broadcasting the event nationally
comprehensive plan to reform police ards to ensure that instances of mis- and around the world. Elijah asked:
community relations, improve training conduct will be minimized through ap- ‘‘Did anyone recognize Freddie when he
and hiring of police officers, and hold propriate management, training, and was alive . . . did anyone see him?’’
police accountable for misconduct and oversight protocols. The bill provides Elijah asked whether society had
use of excessive force. We must rebuild that if such incidents do occur, they done all that it could have done when
trust between the police and the com- will be properly investigated. Gray was ‘‘struggling to simply be all
munities they serve. The bill provides police officers—the God meant for him to be?’’
For those who are asking ‘‘Why did it vast majority of whom perform their Today, I ask my fellow Americans to
take so long?’’ the answer is ‘‘We have job professionally, putting their lives ask that question when it comes to the
been trying.’’ It should not have taken on the line daily, protecting their com- lives of not only George Floyd but
so long, but year after year too many munities—with the tools necessary to Tony McDade, Sean Reed, Breonna
of my colleagues have put partisanship improve community relations and en- Taylor, and Ahmaud Arbery. I say here
before justice and equality. hance their professional growth and today to Black Americans: I see you. I
As both the House and Senate pre- education. hear you. You are men and women. You
pare to hold hearings on police reform It authorizes $25 million for addi- have families. You have the same
and racial profiling issues, I want to tional expenses related to the enforce- rights as every other individual in this
bring to my colleagues’ attention two ment of civil rights statutes, including country.
pieces of legislation that I have filed: compliance with consent decrees or In a 2019 interview with ‘‘60 Min-
The End Racial and Religious Profiling judgments regarding police misconduct utes,’’ Steve Kroft noted as follows:
Act and the Law Enforcement Trust brought by the Department of Justice. Cummings is not a patient man. It’s a les-
and Integrity Act. If enacted, these two In Baltimore City, for example, the son he learned from his late grandmother,
bills could make an enormous dif- Baltimore Police Department volun- who imparted her mindset shortly before she
ference and constitute a giant step for- tarily entered into a consent decree in died. White people, she told him, had been
2017 with the U.S. Department of Jus- telling African Americans to wait—and he
ward in reforming police departments shouldn’t.
in America and rebuilding trust be- tice to overhaul the police department. She says, ‘‘Your daddy, he been waiting
tween police officers and the commu- An earlier Department of Justice re- and waiting and waiting for a better day,’’
nities they are sworn to protect and port had found a widespread pattern Cummings recalled. She said, ‘‘He’s going to
serve. and practice of illegal and unconstitu- wait, and he’s going to die.’’ She said, ‘‘Don’t
The End Racial and Religious tional conduct by the Baltimore Police you wait.’’
Profiling Act is designed to enforce the Department through targeting African- Then, in his late sixties, Elijah Cum-
constitutional right to equal protec- American residents for dispropor- mings said that when he looks into the
tion under the law by eliminating ra- tionate and disparate treatment. future, he also reflects on his life. ‘‘I
cial profiling at all levels of law en- The legislation I have authored also realized that with African American
forcement by changing the policies and authorizes appropriations for addi- people, where we’ve been blocked from
procedures underlying the practice. tional expenses related to conflict reso- being all that God meant for us to be,
First, the bill provides a prohibition lution, including programs managed by I don’t have time to be patient.’’
on racial profiling, enforceable by de- the Department of Justice’s Commu- Yes, Elijah often said of America
claratory or injunctive relief. It cre- nity Relations Services within the that ‘‘we are better than this.’’ Let’s
ates a standard definition of racial Civil Rights Division. prove Elijah right. I urge the Senate
profiling, which now includes religion, I am pleased that, to date, the pro- not to be patient any longer and wait
dlhill on DSK120RN23PROD with SENATE
gender, and other protected categories tests in Baltimore have been largely for the next death of an African Amer-
for Federal, State, and local law en- peaceful, especially compared to 2015 ican in police custody before taking ac-
forcement, enforcing criminal, civil, after the death of Freddie Gray in Bal- tion. Let us hold our hearings and then
and immigration laws. timore Police Department custody. expeditiously take up and pass legisla-
Can law enforcement still provide a I do hope my fellow Americans look tion, including the two bills I have ex-
detailed description of a suspect that to Baltimore in 2020 as an example for plained on the floor today, as the next
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S2684 CONGRESSIONAL RECORD — SENATE June 3, 2020
steps in establishing justice in our still And then, of course, there is the If the U.S. intelligence authorities,
imperfect Union. Trump-Russia influence investigation, or law enforcement agencies, believe
I yield the floor. better known as Crossfire Hurricane, surveillance is critical to a national se-
The PRESIDING OFFICER. The Sen- leading up to the Mueller investigation curity investigation, they submit an
ator from Texas. and where we are today. In the time application to the Foreign Intelligence
Mr. CORNYN. Madam President, I since the special counsel completed his Surveillance Court to receive that au-
ask unanimous consent that I be al- investigation and issued his report thorization. This is an important step
lowed to complete my remarks before more than a year ago, we have learned in protecting the rights of American
the vote occurs. more about the behind-the-scenes work citizens and making sure that our in-
The PRESIDING OFFICER. Without that guided the Russia probe. telligence and law enforcement au-
objection, it is so ordered. Thanks to Inspector General Horo- thorities perform their job consistent
RUSSIA INVESTIGATION witz and his team at the Department of with congressional intent and direc-
Mr. CORNYN. Madam President, Justice, thanks to the DNI, the Direc- tion. But these verified, in other words,
since the Federal Bureau of Investiga- tor of National Intelligence, and others sworn documents are critical, in which
tion launched the Crossfire Hurricane for declassifying important informa- accuracy is paramount. That is why
counterintelligence investigation in tion, we have a whole lot more insight they are required to be verified—that
July of 2016, there has been no shortage and transparency into exactly what is, sworn to—by the top officials at the
of media coverage of Russia’s involve- happened. But these revelations have Department of Justice.
ment in our 2016 election. For the bet- given all of us pause for grave concern. We now know that the applications
ter part of 3 years, there has been news; They have highlighted a pattern of of the former Trump campaign aide
there has been speculation; there have sloppiness and outright abuse of power Carter Page were riddled with errors.
been rumors; there have been partisan at the highest levels of the Federal Bu- In the initial Carter Page FISA appli-
accusations made about that topic. reau of Investigation and beyond and cation, Inspector General Horowitz
Trying to keep up with the names
raised red flags that must be addressed. identified what he called seven mis-
and the dates, the allegations left you In the Senate, it is our duty to get to takes. In the three renewals, he had
feeling like an old-school detective the bottom of how and why this hap- found an additional 10. These weren’t
show—names and photos pinned to a pened. I can’t imagine any Democrat, necessarily honest mistakes. In fact,
board, with strings of yarn connecting
any Republican, any American saying they included significant and material
all the pieces. Everyone expected the
what happened in the 2016 election to errors, including the deliberate fal-
release of the special counsel’s report
Hillary Clinton and to Donald Trump sification, lying—lying to the Foreign
to be the moment when those dots were
was OK. Our law enforcement agencies Intelligence Surveillance Court about
finally connected and it explained what
should not play a starring role in an Carter Page’s past service to the U.S.
happened and who was responsible.
It is safe to say that did not happen. election leading up to the Nation’s Government.
Even though the Mueller report did not highest office. To make matters worse, even as new
This morning, the first step in our in- and exculpatory material came to
find any collusion or obstruction, there
vestigation into the origins, means, light, this information was not re-
was a lot of information that since has
and methods of the Crossfire Hurricane flected in renewal applications. It was
been made public about its origins, its
motivation, and the means by which investigation occurred in the Judiciary sort of a cut-and-paste job. Those
that investigation occurred. In fact, Committee. That is where we heard agents who prepared those materials
rather than settling the matter, these from Deputy Attorney General Rod that were signed by people like Rod
revelations have prompted a whole new Rosenstein. He wasn’t the Deputy At- Rosenstein lied to deceive the court so
range of questions about the investiga- torney General until the spring of 2017, they could continue to surveil, or spy,
tion itself. but he did play a key role in the inves- on an American citizen—something we
First of all, we had Rod Rosenstein in tigation. He signed one of the applica- do not want to happen unless they are
the Judiciary Committee. He was the tions for the Foreign Intelligence Sur- truly an agent of a foreign power and
Deputy Attorney General. I asked him veillance Act warrant that allowed the there is probable cause to show that
whether he was aware of any precedent FBI to essentially surveil an American they are such.
for what happened in 2016 when, at the citizen. He was the one who appointed These revelations were very trou-
same time, both major parties’ polit- Special Counsel Bob Mueller. He ended bling in December of 2019, and they are
ical nominees for President of the up being not only an investigator but just as troubling today. It does also
United States were the subject of open also a witness in the process. raise questions about the motivations
FBI investigations. He said: No, there His account of what happened in the for the investigation, in the first place.
is no precedent for that. Crossfire Hurricane investigation is Falsifying a FISA application is clear-
First, of course, it was the Hillary important to understanding both the ly not an action one would take if you
email scandal, after which Director actions and the motivations that drove were in pursuit of the truth. We need
Comey made another unprecedented that investigation. In fact, he said this to know why the initial application
move and had a press conference saying morning, in response to Chairman and three renewals were riddled with
that even though she had been essen- LINDSEY GRAHAM’s question, if you lies and omissions and how these inac-
tially grossly negligent in handling knew then what you know now, would curate applications were approved by
this private email server, he thought you have signed, sworn to this verified high-ranking officials at the Depart-
that no reasonable prosecutor would application for a warrant to surveil an ment of Justice.
bring charges against her. American citizen, Carter Page? He Second, this raises serious questions
As much as Secretary Clinton might said: No. To his credit, he said no. ‘‘If about the way investigations of aver-
have appreciated that announcement, I knew then, what I know now.’’ age Americans are being handled. If
or not, a few weeks later, the FBI Di- Some of my greatest concerns stem these agents were able to break every
rector wrote another letter and said: from the Department of Justice Inspec- rule in the book to spy on a Presi-
Hey, we have some Anthony Weiner tor General’s report about those FISA dential candidate—who ultimately was
emails that came up on his laptop, so abuses, as they are called—Foreign In- elected—and are facing no con-
we need to reopen the investigation telligence Surveillance Act. This is ex- sequences, no accountability, what pro-
just a few days before the general elec- traordinary authority given by Con- tections exist for the rest of us in
tion. gress under very strict rules, and they America? Who is going to notice their
Well, you can imagine Secretary are supervised by the Foreign Intel- error-ridden FISA applications if it is
dlhill on DSK120RN23PROD with SENATE
Clinton didn’t appreciate that. Many ligence Surveillance Court, which was John or Jane Q. Public?
people have said that it is because of established to provide oversight of What is even more disconcerting is, if
the FBI’s unprecedented involvement these surveillance activities, including this happened once—and it did happen
in the middle of a Presidential election surveillance of American citizens more than once—what is to stop it
that it damaged, if not decided, the under very narrow and restricted from happening again? The American
election in 2016. guardrails. people need and deserve answers to
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