Senate Record, June 30, 2020 — Congressional Record
Summary
Pages S4011 and S4012 of the Congressional Record, Senate, June 30, 2020. Mr. LEE says the Supreme Court ignored that the plaintiffs lacked standing in June Medical Services v. Russo, quoting Justice Alito’s dissent on Act 620. Mr. MCCONNELL then moves to legislative session and to executive session to consider Calendar No. 718, the nomination of Russell Vought, of Virginia, to be Director of the Office of Management and Budget. A cloture motion on that nomination follows. Remarks near the end of the text state that $520.6 billion of forgivable loans have been issued under the PPP program.
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“Senate Record, June 30, 2020 — Congressional Record.”
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S4011
be waived. It is never waived. It is al- So the Supreme Court, as far as I can The PRESIDING OFFICER. The
ways a live, relevant, legitimate ques- tell, based on the time that I have question is on agreeing to the motion.
tion, one that can be raised sua sponte spent reviewing the decision, the Su- The motion was agreed to.
by the Court itself. preme Court abandoned its ordinary f
In his dissent, Justice Alito acknowl- standards and applied a different stand-
NATIONAL DEFENSE AUTHORIZA-
edged this point and explained it well ard here so as to make it easier for this
TION ACT FOR FISCAL YEAR
with the following words: group of plaintiffs to raise a constitu-
2021—Continued
Neither waiver nor stare decisis can justify tional challenge.
this holding, which clashes with our general Madam President, I see the majority The PRESIDING OFFICER. The Sen-
rule on third-party standing. And the idea leader has entered the Chamber, and I ator from Utah.
that a regulated party can invoke the right ask unanimous consent for permission JUNE MEDICAL SERVICES V. RUSSO
of a third party for the purpose of attacking to be able to continue my remarks Mr. LEE. Madam President, that was
legislation enacted to protect the third party the first error that I think deserves to
after the majority leader has con-
is stunning. Given the apparent conflict of
ducted his business, as if without inter- be mentioned in this context—the error
interest, that concept would be rejected out
of hand in a case not involving abortion. ruption. apparent in the fact that the Supreme
The conflict of interest to which Jus- The PRESIDING OFFICER. Without Court ignored the fact that the plain-
tice Alito is referring refers to the fact objection, it is so ordered. tiffs before the Court lacked standing.
that you have got here, on the one The majority leader. They just glossed over this issue. Why?
hand, a State regulating a particular Mr. MCCONNELL. Madam President, Well, because it involves abortion, and
act—here, abortion providers, clinics, I thank my friend from Utah. I will be I guess abortion is different.
and physicians who perform abortions. brief. The explanation provided by the plu-
That entity, like any other entity that f rality and by the Chief Justice—under-
is otherwise going to be regulated, has standing that in order to form a major-
LEGISLATIVE SESSION ity, sometimes you have to cobble to-
an interest in being not regulated.
Mr. MCCONNELL. Madam President, gether a concurring opinion with a plu-
It makes it easier, perhaps cheaper,
I move to proceed to legislative ses- rality opinion, and that is what hap-
perhaps more lucrative for that entity,
sion. pened here.
for those providers, to be in that busi-
The PRESIDING OFFICER. The Their analysis on the standing issue
ness if they are less regulated. It
question is on agreeing to the motion. in this case simply doesn’t wash. It
makes it easier for them to do what
The motion was agreed to. doesn’t add up. In fact, I believe it de-
they do and perhaps more profitable if
they don’t have to have admitting f fies what every first-year law student
is taught in American law schools. It
privileges at a hospital within 30 miles EXECUTIVE SESSION
doesn’t work.
of the location of the abortion clinic.
Secondly, this draws attention to an-
That is very different than the poten-
EXECUTIVE CALENDAR other problem with the Court’s juris-
tial interest of their patients. Their pa-
prudence in this area. When abortion is
tients have exactly the opposite inter- Mr. MCCONNELL. Madam President, treated differently than other things,
est. Their patients have the interest in I move to proceed to executive session it leads to a fair amount of tail-chasing
making sure that the abortion provider to consider Calendar No. 718. by the Court because the Court has
provides for a safe, healthy environ- The PRESIDING OFFICER. The
stepped in—starting with Roe v. Wade
ment in which adequate care can be question is on agreeing to the motion.
and continuing with Casey and the
provided to the patient, such that as The motion was agreed to.
other cases since then on this topic—
complications arise, the doctor can The PRESIDING OFFICER. The
the Court has stepped in essentially as
take the patient to a hospital and, with clerk will report the nomination.
a superlegislative body, and it has at-
those admitting privileges, can go The bill clerk read the nomination of
tempted to set out a rule saying that
about setting in order the course of Russell Vought, of Virginia, to be Di-
you can’t undermine what the Court
treatment that needs to be pursued. rector of the Office of Management and
has declared to be a right to access
And so Justice Alito’s point was sim- Budget.
abortion.
ply that, in this circumstance, you f So let’s set aside, for a moment, that
have a completely different set of in-
CLOTURE MOTION question of what we would be looking
terests, some that are being advanced
Mr. MCCONNELL. Madam President, at if we were dealing with a law prohib-
by abortion providers, some that the
I send a cloture motion to the desk. iting abortion, but this isn’t that.
State holds, and some that the patient
The PRESIDING OFFICER. The clo- Again, this was a law, Act 620, adopted
holds. They are separate; they are dis-
ture motion having been presented by the Louisiana State Legislature
tinct; and here, really, they are at odds
under rule XXII, the Chair directs the that simply required that doctors and
with each other.
clerk to read the motion. clinics performing abortions be run by
So Justice Alito went on to explain:
The bill clerk read as follows: doctors having admitting privileges at
This case features a blatant conflict of in- a hospital within 30 miles.
terest between an abortion provider and its CLOTURE MOTION
It is not an abortion ban. It is just a
patients. Like any other regulated entity, an We, the undersigned Senators, in accord-
abortion provider has a financial interest in public health and safety regulation of
ance with the provisions of rule XXII of the
avoiding burdensome regulations such as Act Standing Rules of the Senate, do hereby
the same sort that you might see in ef-
620’s admitting privileges requirement. . . . move to bring to a close debate on the nomi- fect with respect to surgical centers or
Women seeking abortions, on the other hand, nation of Russell Vought, of Virginia, to be other outpatient treatment clinics
have an interest in the preservation of regu- Director of the Office of Management and throughout that State.
lations that protect their health. The con- Budget. And so, nonetheless, you have got
flict inherent in such a situation is glaring. Mitch McConnell, Marsha Blackburn, Roe v. Wade and its progeny in which
So with this circumstance, the plain- Joni Ernst, John Boozman, Steve the Supreme Court has stepped in, ba-
tiffs did not have standing. They didn’t Daines, Cory Gardner, Pat Roberts, sically, as a superlegislative body say-
Mike Rounds, Mike Crapo, Roger F.
even assert the prerogative of asserting ing you can’t impose too heavy of a
Wicker, Cindy Hyde-Smith, Lamar
the rights of themselves. They didn’t Alexander, Shelley Moore Capito, Rob burden on a woman’s access to or abil-
claim that they themselves had inju- Portman, Roy Blunt, John Barrasso, ity to obtain an abortion.
ries that were constitutionally cog- John Thune. The problem with that is there is
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nizable in court. f nothing in the Constitution that says
They instead said that they were as- that. There is nothing in the Constitu-
serting them on behalf of an injury LEGISLATIVE SESSION tion that makes this a Federal issue.
that would be suffered, and had not yet Mr. MCCONNELL. Madam President, There is nothing in the Constitution
arisen, on the part of their patients, I move to proceed to legislative ses- that takes what is essentially a legisla-
and that is a problem. sion. tive judgment; namely, the legality or
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S4012 CONGRESSIONAL RECORD — SENATE June 30, 2020
lack thereof of a particular medical Russo, said, referring to Roe v. Wade that the Court, in fact, did here under
procedure and makes it a question not and its progeny: circumstances in which the law had
only of Federal constitutional law but [T]hose decisions created the right to abor- not even yet been implemented and had
of Federal constitutional law that can tion out of whole cloth, without a shred of never been enforced—not once. They
be written and then addressed and then support from the Constitution’s text. Our didn’t even wait to see if it could be or
allowed to evolve solely within the her- abortion precedents are grievously wrong would be or might be implemented in a
metically sealed chamber of the Su- and should be overruled. manner consistent with the text and
preme Court of the United States. Justice Thomas wrote in a separate history and structure of the U.S. Con-
This is what produces this kind of passage, explaining that ‘‘Roe is griev- stitution. They just walked in and said:
tail-chasing. This is what produces this ously wrong for many reasons, but the The whole thing is unconstitutional.
nonsense, and it is also, by the way, most fundamental is that its core hold- Get rid of it.
what produces a whole lot of the polit- ing—that the Constitution protects a Why is that a problem? It does mat-
ical vitriol and venom surrounding the woman’s right to abort her unborn ter. It matters because ours is a system
Federal judiciary. child—finds no support in the text of of rules and laws. It is based on the
Why? Well, because they exercised the 14th Amendment.’’ constitutional text. Yes, precedent fac-
will instead of judgment. What do I So we see that the Court was wrong tors into it, but precedent can’t be the
mean by that? Well, in Federalist No. in pretending that the plaintiffs in that inexorable command.
78, Alexander Hamilton referred to the case, not patients, not women who In any event, precedent here went
difference between what lawmakers do wanted to seek abortions but couldn’t, the other way with respect to the
and what judges do. In the legislative but doctors and clinics who have an in- standard by which you deem something
branch, they exercise what Hamilton terest potentially adverse to their own unconstitutional in all of its applica-
referred to as ‘‘will,’’ meaning they de- patients who didn’t want to be regu- tions.
cide what the law should be. They lated, were allowed to assert standing As Justice Gorsuch explained in his
adopt policy. They say: We think the as if it were their constitutional injury separate dissent, ‘‘In effect, the stand-
law should say x, and they have the that were at stake, and it was not. The ard for facial challenges has been
ability to do that. Under our system of Court went on to compound the prob- flipped on its head: Rather than requir-
government, article I gives the law- lem by continuing to apply the statu- ing that a law be unconstitutional in
making power, the power to engage in tory, effectively legislative, proscrip- all of its applications to fall, today’s
exercises of will, to the legislative tive framework of Roe and its progeny, decision requires that Louisiana’s law
branch. which itself finds no support—not in be constitutional in all of its applica-
Judgment, by contrast, is what is the Constitution, not in Federal stat- tions [in order] to stand.’’
wielded by the judicial branch. Judg- ute, not in 400 years of Anglo-American In other words, as Justice Gorsuch
ment asks not what should be but what judicial precedent, not in common law. explained, they applied a completely
is and, most notably, what has been. It They just made it up, and they said it different set of rules here. Why? Well,
looks, as it were, in the rearview mir- is important. We, therefore, deem it to simply because this involves abortion,
ror, looking at what the law said as of be part of the Constitution. These are and abortion is different. Somehow
a particular moment in time. the first two errors. abortion—notwithstanding the fact
So it is the job of the jurist not to There is a third error I want to call that it makes no appearance in the
say what the law should be but, in- out from the Supreme Court’s unfortu- Constitution—somehow abortion is
stead, to say what the law is and only nate and very wrong ruling in June treated differently. Now abortion is
when the question of what the law is
Medical Services v. Russo. The third treated differently even in this sepa-
comes properly before the court’s juris-
category of error that is built into this rate line of cases, even in this separate
diction in cases or controversies be-
decision relates to the standard by line of precedents dealing with facial
tween multiple litigants properly be-
which a court deems something uncon- challenges versus as-applied chal-
fore the court’s jurisdiction.
And so Hamilton explained in Fed- stitutional. Separate and apart from lenges.
eralist 78 that there is a difference be- the standing issue, separate and apart If, in fact, the Supreme Court is
tween will and judgment and that you from the fact that Roe was a made-up going to stick to stare decisis, the prin-
don’t ever want the judicial branch ex- doctrine, there is also a problem in ciple invoked over and over and over
ercising will. that the Court didn’t approach this again in that frankly awful decision
Well, why? Because, among other constitutional question the same way yesterday, for which the Court should
things, it is not their job. Judges are that it is supposed to address all other be ashamed, stare decisis is the prin-
appointed in our Federal system for constitutional questions. ciple that basically says: We as a court,
life so long as they are on good behav- Under a well-worn line of cases, in- once we have decided something one
ior. They are not subject to elections, cluding a case called United States v. way, are going to continue to follow
ever. You don’t get elected to get on Salerno, the Supreme Court, with only that precedent most of the time unless
the court; you don’t get elected to stay very rare exceptions—not relevant, not we really really don’t want to.
on the court. You are on there for life. present here—does not declare a stat- That is, in essence, what stare decisis
Why? Well, because your job is a rel- ute facially unconstitutional unless means. They invoked stare decisis over
atively limited one. It looks only in that statute is alleged and proven to and over and over again in that case
the rearview mirror. Your job is not to have been unconstitutional in all of its and said that is just how it had to be
set policy but to interpret in very nar- potential applications. because, well, stare decisis requires
row circumstances. Let’s break that down into more that.
In this circumstance, in Roe v. Wade common language. You can’t just walk Well, they didn’t follow stare decisis.
and its progeny, the Supreme Court into court and say that a particular They didn’t follow their own precedent
stepped in and exercised will. As a re- law is categorically unconstitutional; when it comes to their standing dock-
sult, they have taken decisions away you have to wait until that law is un- et. They didn’t follow their own prece-
from lawmakers—State and Federal constitutionally applied to you. That is dent. They didn’t adhere to stare deci-
lawmakers alike—for decades. called an as-applied challenge. As-ap- sis when it comes to United States vs.
This has had the predictable result of plied challenges are the norm, the rule, Salerno. They utterly ignored the fact
making a lot of people unhappy at and they are the default. In almost all that this is a case in which the statute
every point along the political con- cases, that is how you get something invalidated by the Supreme Court of
tinuum—every single point. deemed unconstitutional, is through an the United States yesterday is capable
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Why? Well, because they exercise will as-applied challenge; that is, the Court of being applied in a fully constitu-
instead of judgment. They exercise leg- doesn’t just strike it down in its en- tional manner.
islative jurisdiction rather than judi- tirety. By the way, they made a number of
cial discretion. But it is striking down the law in its assertions about the factual record of
Justice Thomas, in his dissenting entirety that the Court did here—that the case and about the effect of Louisi-
opinion in June Medical Services v. the Court was asked to do here and ana’s Act 620 that are simply wrong.
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S4013
They invalidated this law by saying: There are a lot of ways to protect airmen, and marines are paid; how our
Look, the Louisiana Legislature claims human health and safety. It is not the alliances are to be strengthened; and
that this Act 620 was put in place in job of the Supreme Court of the United how our military facilities are to be
order to protect women’s health. We States to decide exactly how those modernized and maintained. As the
don’t really think that is the case. We laws are written in Louisiana. And threat continues to evolve, it is how we
don’t think they have met that stand- make no mistake—that is what the Su- ensure that we are the best there is.
ard here. preme Court did here. They might as In 2018, the national defense strategy
First of all, in doing that, they ig- well have removed their robes and pre- was crafted to recognize the reality of
nored precedent applicable in literally tended simply to be lawmakers. What the global threats we were facing then
every other scenario in which they they are doing is that blatant, and it is and we still face today and outline a
defer substantially to the determina- very wrong. comprehensive strategy to maintain
tions of a legislative body in deciding There is, moreover, a connection be- what Ronald Reagan coined as ‘‘peace
whether the law that they are passing tween this logical disconnect that I through strength.’’ The past two De-
in fact will have the effect that they refer to and the fact that the standing fense bills have supported the imple-
want, especially in an area like public analysis that I alluded to earlier shows mentation of that national defense
health and safety. They ignored the something else that the Supreme Court strategy, and this legislation will con-
fact that they had abundant testimony did wrong. This shows that the very tinue to build on the progress we have
before the Louisiana Legislature sup- same concerns that the Louisiana Leg- made.
islature had on behalf of the patients— Given the state of our world, pre-
porting the basis for what they were
the would-be victims of medical mal- serving our military readiness has
doing.
practice at many of these abortion never been more important. Both
In Justice Gorsuch’s dissent, he re-
clinics—are concerns that were not China and Russia have become much
ferred to multiple pieces of informa-
more aggressive in their attempts to
tion before the legislature. He pointed present before the Court. They were
disrupt the global order. North Korea
out that one woman testified that not represented among the plaintiffs in
continues to provoke the United States
while she was in an abortion clinic that case. That is yet another reason
and our allies with its nuclear aspira-
after having a procedure and she was why the Supreme Court of the United
tions. Iran’s hostile and unpredictable
hemorrhaging, her abortion provider States acted lawlessly, in a shameful
actions continue to threaten democ-
told her: You are on your own. Get out. manner, in the June Medical Services
racies around the world. Our adver-
Eventually, the woman went to the case.
The PRESIDING OFFICER (Mr. saries are investing in their capabili-
hospital, where an emergency room
ties in an effort to surpass ours, and in
physician removed fetal body parts LANKFORD). The Senator from Texas.
some areas, sadly, they are succeeding.
that the abortion provider had reck- S. 4049
Simply put, America no longer en-
lessly left in her body. Mr. CORNYN. Mr. President, this joys the competitive edge we once had
Another patient who complained of weekend, the American people will cel- on our competitors and adversaries. We
severe pain following her abortion was ebrate 244 years since our Nation’s can’t allow that status quo to be main-
told simply to go home and lie down. independence. Over these last two and tained. We must change it, and that is
In another case, a clinic physician al- a half centuries, our country has faced where the NDAA comes in.
lowed a patient to bleed for 3 hours and defeated many enemies who have This legislation makes tremendous
even though a clinic employee testified sought to undermine the very founda- strides in maintaining that techno-
that the physician would not let her tion of our way of life. They sought to logical advantage, in modernizing our
call 911 because of a possible media in- take away our freedom, undermine our weapons, building resilience, and re-
volvement. In the end, that employee values, and destroy our way of life. gaining a credible military deterrent.
at that clinic called 911 anyway, and They also in the process sought to in- What keeps us safe is our deterrent. We
emergency room personnel, upon the still fear, hate, and perpetrate vio- need any foe to realize that if they en-
arrival of that patient, discovered that lence. But each time, our country has gage the United States in military con-
the patient had a perforated uterus prevailed. flict, they will be defeated. The mo-
and, as a result, needed a It is really a miracle, if you look ment they believe that they can take
hysterectomy. back at our Nation’s history, that we us on and gain some advantage, they
A different physician, speaking to made it through a civil war, two world will do it. That is the nature of the
the Louisiana State Legislature in con- wars, and we find ourselves still the world we live in. So the deterrent value
nection with their deliberations on Act beacon of liberty that attracts so many of what we are doing here this week
620, explained that she routinely treats people from around the world who want could not be more important.
abortion complications in the emer- to live here and become Americans and All told, the defense authorization
gency room when the physician who pursue their dreams here. All of that bill will support $740 billion for our na-
performed the abortion lacks admit- starts with our security. tional defense. That is the single big-
ting privileges. In the experience of As we celebrate our independence and gest ticket item in our Federal spend-
that physician, ‘‘The situation puts a generations of men and women who ing. It will mark a significant step for-
woman’s health at an unnecessary un- fought to protect it, we are now en- ward in our efforts to modernize and
acceptable risk that results from a gaged in fulfilling our most important strengthen our military. But this bill
delay of care and a lack of continuity responsibility, and that is to provide is about more than maintaining our
of care.’’ for the common defense. We do that by powerful national defense; it is empow-
It was on this basis that the Lou- advancing the National Defense Au- ering the men and women behind it.
isiana State Legislature concluded thorization Act. America’s 2.1 million servicemembers
that having admitting privileges would This bill is an annual exercise and is have made a commitment that most of
help to contain these risks and help part of Congress’s commitment to give us have not made, and that is to volun-
protect women because a physician— our men and women in uniform the teer to serve in the defense of our Na-
the same physician who performed that support they need to defeat those tion and in so doing, joining the ranks
procedure, if he or she has admitting threats and to prepare for ones that of America’s heroes who have defended
privileges in a hospital within 30 miles will inevitably come tomorrow. We our country throughout our history.
of the abortion clinic in question, have done this for the last 59 years. Be- They make sacrifices each and every
would be the physician in the very best lieve it or not, we have been consistent day, not because it is good for them
position to treat that patient. and done this for the past 59 years. I but because it is good for all of us. We
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So, yes, could reasonable minds reach can’t think of any other area where owe it to them to support them in any
different conclusions as to the exact Congress has been so consistent. In way we possibly can, both on duty and
set of regulations applicable to an doing so, we have managed to over- off.
abortion clinic or any other type of come our differences and pass this leg- This legislation provides for a modest
healthcare clinic? You bet. There are a islation, as we should. This is how we 3-percent pay raise and additional sup-
lot of ways to get at the same issue. determine how our soldiers, sailors, port for our families. Since we have an
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S4014 CONGRESSIONAL RECORD — SENATE June 30, 2020
all-volunteer military, it is frequently ranking member, for their leadership students of color, students from low-in-
said that it is the individual service- on this bill, as well as all the members come families, students who are experi-
member who volunteers, but it is the of the Senate Armed Services Com- encing homelessness, students with dis-
family that determines whether we will mittee. I particularly appreciate their abilities, and many other students who
retain them in military service. So this maintaining the tradition of strong bi- are marginalized in our education sys-
bill provides for military spouse em- partisanship that has historically guid- tem.
ployment opportunities and childcare. ed this legislation. Our higher education system is under
I offered one amendment to the bill As we get closer and closer to the serious financial pressure as colleges
that would extend this support to help Fourth of July, let us remember all of across our country, especially our Na-
military parents during a time of trag- America’s Armed Forces, what they tion’s HBCUs and our Tribal colleges
edy. It would change a policy that was have all given to protect our freedoms, and our minority-serving institutions,
brought to my attention by Maj. Mat- and let’s make sure we do our job both struggle with the consequences of this
thew Checketts, who is an Active-Duty here in Washington, with a strong De- pandemic. Many students have been
airman at Joint Base San Antonio- fense authorization bill, and at home, forced to drop out of higher education
Lackland. with our demonstration of support and because they lost their job or they
Major Checketts and his wife Jessica expressions of gratitude and apprecia- can’t meet their basic needs. To ad-
spent much of last year preparing for tion. dress all of these problems, we need a
the arrival of their newest family The PRESIDING OFFICER. The Sen- massive investment in our childcare
member, a little girl named Elaine. ator from Washington. system, in our schools, and in our stu-
Elaine would be their sixth child, join- UNANIMOUS CONSENT REQUEST—S. 4112 dents and families now.
ing a squad of boys who were eager to Mrs. MURRAY. Mr. President, I This is why, today, I am introducing
have a little sister. thank my colleagues who will be join- the Coronavirus Child Care and Edu-
When Elaine arrived last fall, Major ing me this evening—Senator BALDWIN, cation Relief Act. This bill creates a
Checketts was given 21 days of parental Senator HASSAN, and Senator SCHU- Child Care Stabilization Fund, which
leave to spend time with his family, MER—to advocate for much needed ac- will provide grants to make sure pro-
but then they experienced an unimagi- tion to protect workers, to provide re- viders can stay open and that working
nable tragedy. Their beautiful daugh- lief to State and local governments, families get the tuition relief they
ter passed away. Instead of getting to and to bolster our public health sys- need. It will provide K–12 schools with
know their newest family member, the tem. the funds they desperately need to help
Checketts family was facing a hardship I rise to speak about the steps we students with increased academic and
every parent prays they will never need to take to invest in childcare and social emotional supports to address
have to endure. education. COVID–19 has upended learning loss, to put in place public
For many military families, that loss childcare and schools in a way that health measures to make our schools
is made even more difficult because of truly is unprecedented. It has created safer for students and educators, to
a Department of Defense policy which chaos across our education system. make sure specific funding goes to sup-
ends a servicemember’s preapproved Since we passed the CARES Act over port students with disabilities, and to
parental leave upon the death of a 3 months ago now, Senate Republicans address the other growing inequities
child. There is no time to grieve and no have not done anything to address the for students of color and many others.
time to regroup. That means no time countless challenges that our childcare The bill will also make a $132 billion
to be with your grieving family or providers, our educators, our schools, investment in our higher education
and, of course, our students and fami- system to provide emergency financial
somehow process this immeasurable
lies are facing. Instead, they have cho- aid grants to students for expenses like
loss. The policy of the Department of
food and housing, childcare, technology
Defense currently requires service- sen to pretend that this crisis is over
supplies, and to help our colleges to
members to leave their family and re- and that we should just return to busi-
confront the increased cost and finan-
turn to work when that child dies. ness as usual, which for them means
cial pressures they are now facing dur-
In Major Checketts’ case, his com- most often voting on partisan judges
ing this COVID–19 pandemic.
mander allowed him to take his and not much else. Additionally, this bill will reverse
preapproved leave so he could stay As my Republican colleagues con-
Secretary DeVos’s cruel attempts to
with his family, but not every service- tinue to delay any response, urging
prevent millions of students, including
member will get that same consider- Democrats to pump the brakes and
our undocumented students and DACA
ation. That is why Senator DUCKWORTH ‘‘wait and see,’’ we are hearing from recipients, from receiving emergency
and I introduced the Elaine M. parents who aren’t sure if they can go aid, block her from giving special fa-
Checketts Military Families Act, back to work because their childcare vors to colleges that don’t need tax-
named after Elaine. This legislation provider closed. We are hearing from payer dollars, and stop her from taking
would amend current leave policy for teachers who aren’t sure if they will funding that was meant for public
servicemembers so their preapproved even have a job to return to in the fall. schools to advance her privatization
parental leave is not terminated upon We are hearing from college students agenda.
the tragic event of a child’s death. who might be forced to drop out be- There is a long road ahead to fully
This is actually in line with other ci- cause they desperately need financial address the education and childcare
vilian Federal employees, and there is assistance during this economic down- crisis, but this bill is an important step
no reason why servicemembers should turn. for childcare providers, our students,
be treated differently. The grief of los- We don’t need to wait and see to our families, and our educators. Our
ing a child should not be aggravated or know we need to provide relief imme- schools cannot wait any longer.
compounded by having to face the grief diately. In our childcare system alone, I ask unanimous consent that the
thousands of miles away from your we are now at risk of losing millions of Senate proceed to the immediate con-
family. childcare slots because providers sideration of S. 4112, the Coronavirus
So, as we begin to debate this year’s across the country are struggling to Child Care and Education Relief Act in-
Defense authorization bill, let’s keep at keep their doors open. troduced earlier today. I further ask
the forefront of our conversation the As Senate Republicans are burying that the bill be considered read a third
men and women who are heroically of- their heads in the sand on this, our K– time and passed and the motion to re-
fering themselves, and, indeed, their 12 schools are now facing some of the consider be considered made and laid
very lives, on some occasions, to pro- biggest cuts to State and local revenue upon the table with no intervening ac-
dlhill on DSK120RN23PROD with SENATE
tect against the threats to our country. we have seen in a long time, all while tion or debate.
Let’s work in good faith to get this bi- struggling with the increased cost of The PRESIDING OFFICER. Is there
partisan bill passed soon. dealing with how to reopen safely and objection?
Let me commend Senator INHOFE, to continue to provide quality edu- Mr. SCHUMER. Mr. President, before
the chairman of the Armed Services cation during a pandemic. We know my colleague from Utah wishes to ob-
Committee, and Senator REED, the this crisis is hitting, especially hard, ject, may I say a few words?
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S4015
The PRESIDING OFFICER. The least,’’ because, again, we are still try- step forward in helping families and
Democratic leader of the Senate. ing to figure out what is in it. It cre- educators prepare for the road ahead,
Mr. SCHUMER. Mr. President, I ates at least one new program, the and, as with all preparation, timing
thank the Senator from Washington Community College and Industry Part- matters. Delaying necessary actions
State for introducing this legislation, nership Grants Program. I am sure this doesn’t address the new challenges edu-
which I am proud to cosponsor. would do a number of good things, but, cators and families face; it just makes
Education is the future foundation of again, this thing is not ready for prime it harder for them to get their jobs
our success in America. It has always time. This program is, as far as I can done.
been. When a crisis occurs, we have to tell, largely duplicative of existing pro- The Coronavirus Childcare and Edu-
stand by those who educate our kids, grams. This legislation would provide cation Relief Act, which am I proud to
and, most importantly, our kids them- $2 billion for it anyway. cosponsor, is a comprehensive bill that
selves, whether they be in preschool, A bill of this length and a bill that would help meet the needs of students
whether they be in K–12, or whether provides for billions of dollars in new and childcare centers, K–12 schools,
they be in higher education. spending should not—I would hope and institutions of higher education.
There are so many different ways would never—be passed this quickly. Among its many provisions, this bill
that this crisis has affected our The Senate should take the time to makes significant investments in
schools, and, frankly, if our schools thoroughly weigh the changes proposed childcare. Childcare centers have al-
can’t open in September, millions of in this legislation. Therefore, on behalf ready been hit hard by lost revenue
Americans who want to go back to of Senator ALEXANDER and myself, I during the pandemic, and now they
work and who could go back to work object. face added costs in implementing new
will not be able to because they have to The PRESIDING OFFICER. The Sen- health and safety policies to mitigate
be home taking care of their kids. ator from Washington. the risk of spreading COVID–19. This
There is a need to really step up to the Mrs. MURRAY. Mr. President, I am legislation would provide them with
plate in a real way and improve edu- sorry that the Senator has objected much needed relief.
cation over the long run, but at the this evening. This is an issue that is In addition, this legislation would
same time not let it deteriorate be- critical to every family in this coun- bolster emergency funding for K–12
cause the coronavirus has so affected try. We all want our economy to open. schools. This funding would help ad-
our schools in so many different ways. I assure everyone that if people can’t dress challenges with students who
I would hope that this body would get childcare, they cannot go back to have fallen behind. It would help
pass this measure. It is vital—vital—to work. Our schools are going to be look- schools institute public health proto-
get our economy going, vital to resume ing immediately into how they are cols, and it would give schools more re-
the education of our kids, vital to going to be opening. Without the addi- sources to ensure that all students—all
make sure that classrooms can func- tional resources they need, they will students—get a quality education,
tion in a healthy way, and vital to pro- not be able to do it. Our kids and our whether it is in person, remotely, or a
viding the kind of childcare that people families are worth this bill. combination of both.
I know that several colleagues will be As we have worked to ensure that
need as well.
speaking here tonight on this, but I
I hope that my colleagues, again, schools can effectively educate all stu-
want the Senate to know that these are
would support this legislation. It is so dents during this pandemic, I have also
priorities that we are going to be fight-
important. If America is going to have been focused on preventing students
ing for. I urge the Senate to bring up
a great future—and I hope and pray and who experience disabilities from being
the next COVID package. I am willing
believe we will—we are going to have overlooked. Before COVID–19, students
to work with everybody on it, to hear
to have the best schools in the country, with disabilities were already more
what everybody has to say, but our
and if we are a country that lets a pan- vulnerable to disruptions in their edu-
kids, our families, and the future of
demic hurt our schools badly so they cation since the additional resources
this country has to have our support at
will take years to recover, woe is us. they need are often scarce. This pan-
this critical time.
So I thank my colleague from Wash- I yield the floor. demic has exacerbated the challenges
ington State for introducing this meas- The PRESIDING OFFICER. The Sen- students with disabilities face, and
ure. I am for it. Even if there is objec- ator from New Hampshire. many have lost meaningful access to
tion here, we will be coming back to Ms. HASSAN. Mr. President, I rise the critical services that make their
this issue because it is so, so important today to join Senator MURRAY and my education possible.
for the future of our country. I appre- Democratic colleagues in calling for We know that large numbers of stu-
ciate the gentleman from Utah yield- substantial additional funding for dents will require remedial help when
ing, and I appreciate the good works of childcare and education as our country they return to school, and these chal-
my colleagues who have put together continues to grapple with the COVID– lenges will be particularly acute for
this legislation. 19 pandemic. students with disabilities. To address
The PRESIDING OFFICER. The Sen- In New Hampshire and across the this, Senator MURPHY and I have been
ator from Utah. country, this pandemic has turned fam- calling for additional dedicated funding
Mr. LEE. Mr. President, reserving ilies’ lives upside-down. As classrooms through the Individuals with Disabil-
the right to object, we received this shifted to living rooms, many parents ities Education Act, and I am pleased
125-page bill yesterday evening. I have have had to take on new roles, bal- that this legislation meets those calls,
great appreciation and respect for my ancing teaching their children with providing $12 billion in funding to help
colleague, the Senator from Wash- their own day-to-day work. Other par- ensure that students with disabilities
ington, and yet I can’t look at this 125- ents, including those who are on the receive the same educational opportu-
page bill we saw for the first time yes- frontlines of responding to this crisis, nities as do their peers.
terday evening without thinking that have had to figure out new childcare Finally, to address the challenges
hardly enough time has passed since arrangements to ensure that their chil- facing institutions of higher education,
this legislation was introduced to even dren are cared for while they go to this bill provides colleges and univer-
read the bill, let alone to mark it up in work. Teachers and educators have had sities with critical emergency funding,
committee or bring it up on the Senate to adapt and find new, innovative ways helping strengthen emergency finan-
floor and have it passed here. to meet the needs of all students. cial aid for students as well as bol-
Even though Congress has acted to With cases rising across this country, stering support to help these institu-
provide emergency assistance in re- there is significant uncertainty facing tions follow public health guidelines. It
dlhill on DSK120RN23PROD with SENATE
sponse to the current global pandemic, families and educators who are trying also provides key funding for commu-
this legislation includes significant ad- to navigate what our systems of edu- nity colleges as well as career and
ditional spending for a number of pro- cation and childcare are going to look technical education programs.
grams that have not been debated in like in the coming months. This upcoming school year will look
the Senate. This bill would also create The legislation being offered by Sen- different than any other we have ever
at least one new program, and I say ‘‘at ator MURRAY today would be a strong seen before, and we must be prepared
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S4016 CONGRESSIONAL RECORD — SENATE June 30, 2020
so that students do not fall further be- The lack of basic protections are put- Act of 2020; that the bill be considered
hind. The legislation that Senate ting Wisconsin workers at risk. read a third time and passed; and that
Democrats have brought forth today I have repeatedly called on the the motion to reconsider be considered
will give schools and families some Trump administration to take action. made and laid upon the table with no
needed certainty, and this certainty is The Department of Labor and OSHA, intervening action or debate.
critical for the planning that needs to the agency in charge of protecting The PRESIDING OFFICER. Is there
happen now. Delay in this moment is workplace safety and health, need to objection?
irresponsible. establish protections that aren’t vol- The Senator from Utah.
I am grateful to the Senator from untary guidance but are mandatory Mr. LEE. Mr. President, reserving
Washington for her leadership on this standards. the right to object, reasonable efforts
bill and on all the efforts that we make OSHA has the authority to issue an to protect those working on the
to strengthen education for all of emergency temporary standard if em- frontlines in the middle of a public
America’s children. ployees are exposed to grave danger health crisis should certainly be ap-
I urge my Republican colleagues to from new hazards, but this administra- plied.
support this bill, to join with us to tion has done nothing but recommend There are many individuals across
make sure that, as we grapple with this voluntary guidelines to workplaces. the country steadfastly fulfilling their
pandemic, we can all help our students Voluntary recommendations are not occupational duties to care for and oth-
thrive and our families get back to binding, and OSHA currently has no erwise help those who have the
work. enforceable standard to protect work- coronavirus. It is important that those
I yield the floor. ers from airborne infectious diseases, individuals take precautions for their
The PRESIDING OFFICER. The Sen- safety and for the safety of other peo-
leaving the Nation’s workers at an ele-
ator from Wisconsin. ple who happen to be around them.
vated risk of exposure to the
UNANIMOUS CONSENT REQUEST—S. 3677 However, the bill under consideration,
coronavirus. Voluntary compliance is
Ms. BALDWIN. Mr. President, I want the bill that is the subject of this unan-
not enough when hundreds of thou-
to also join in commending Senators imous consent request, poses several
sands of American lives are on the line.
MURRAY, SCHUMER, and HASSAN. I am problems.
Now, some businesses are voluntarily
proud to be a part of this effort to First of all, it does not respect the
making the necessary investments to fact that States, localities, and busi-
make sure that children, from early keep their workers safe, but without a
childhood education to lifelong learn- nesses are far better suited than the
mandatory Federal requirement, busi- Federal Government to determine what
ing, are able to continue and not fall nesses doing the right thing are left at
behind. It is critical that we act on this safety standards might be needed. In-
a comparative disadvantage. stead, the legislation forces State gov-
legislation. We cannot combat this pandemic if
I rise to speak to another measure ernments to adjust their current plans
we do not take immediate action to to protect workers to meet standards
that has gone undebated in this body.
protect workers. determined by some administrative bu-
It underlies the reopening of our econ-
Months ago, as I said, I introduced reaucracy in Washington.
omy, including K–12 education and
legislation with Senator DUCKWORTH to This action is burdensome, and a one-
many other activities. In fact, I started
protect U.S. workers from COVID–19 in size-fits-all approach to protecting
working on this legislation with Sen-
response to disturbing and widespread healthcare workers on the frontlines
ator DUCKWORTH when it was only es-
reports of unsafe workplaces leading to will not work. The reason it will not
sential workers who were reporting to
preventable illnesses and deaths. work is that our frontlines differ across
work every day, but now, as we reopen,
The COVID–19 Every Worker Protec- the Nation. States must be permitted
it is so required.
As our Nation battles an ongoing and tion Act would require the Occupa- the flexibility to enact their own
deadly pandemic, thousands of Amer- tional Safety and Health Administra- standards based on the needs of each
ican workers have been on the job from tion to issue emergency temporary State.
the start, keeping our economy run- standards that establish a legal obliga- Further, the temporary protection
ning and keeping people safe. They are tion for all workplaces to implement standards for the bill are not truly
healthcare workers, food service and comprehensive infectious disease expo- temporary. They are described as such,
grocery store workers, warehouse sure control plans and keep workers but they are not, as the bill calls for
workers, transportation workers, and safe during the COVID–19 pandemic. permanent standards to be made based
all those working on the frontlines This legislation passed the House of on the initially temporary standards to
every day to confront this pandemic. Representatives more than 6 weeks ago be determined by OSHA.
Today, even as coronavirus cases as part of the HEROES Act, but Leader Finally, the bill broadly subjects all
continue to rise, many States have al- MCCONNELL has buried this bill in his employees at risk of occupational ex-
ready reopened businesses and res- legislative graveyard. posure to the emergency standards to
taurants, calling more and more people This legislation is the single best be promulgated by OSHA. This means
back to work to serve their commu- way to require all workplaces to pro- that potentially every worker in every
nity. More than 125,000 Americans, in- tect the health and safety of their industry could be subjected to these re-
cluding tens of thousands of frontline workers and to prevent additional out- quirements even though each industry
workers, have died, and these numbers breaks and further spread of the has its own unique challenges that
are rising every single day. Yet there is coronavirus. It is not enough just to need to be addressed. So this broad-
no Federal enforceable standard in say ‘‘thank you’’ and label our front- brush approach could limit the ability
place to protect American workers line workers heroes. We need to create of certain individuals to work during
from getting infected with or spreading a safe workplace so that these heroes this time even though they might actu-
COVID–19. can continue to do their heroic work. ally be in a good position to do so safe-
I have heard from a nurse in Wis- Congress can take immediate action ly.
consin who is having to ration personal right now to require workplaces and It is critically important for our
protective equipment, or PPE, and employers to put enforceable standards healthcare workers to be protected in a
wear the same mask for 3 weeks or in place to protect their workers. We time of crisis, but the most effective
longer. can and we should do more in this way to accomplish that is by con-
I have heard from a grocery store country to do right by our workers. tinuing to allow States, localities,
worker in Racine who says their store That is why I am asking right now for healthcare facilities, and businesses to
still lacks basic protections like pro- unanimous consent to pass my COVID– set safety standards and to ensure that
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tective plexiglass partitions. 19 Every Worker Protection Act. those who can safely work have the
I have heard from a meatpacking I ask unanimous consent that the ability to do so. Therefore, on behalf of
plant worker in Green Bay, WI, who Committee on Health, Education, Senator ALEXANDER and myself, I ob-
still has to stand shoulder to shoulder Labor, and Pensions be discharged ject.
with colleagues on the plant floor rath- from further consideration of S. 3677, The PRESIDING OFFICER. Objec-
er than standing 6 feet apart. the COVID–19 Every Worker Protection tion is heard.
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S4017
The PRESIDING OFFICER. The Sen- In many instances, people have come force is used by government—where it
ator from Wisconsin. to those protests in order to vocalize ought to be entrusted in government,
Ms. BALDWIN. Mr. President, I am concerns that they have with their where it shouldn’t. I hope, also, we can
very disappointed. I think this is one of government—concerns, perhaps, about look to any of the true underlying
the most critical actions that our law enforcement policy or personnel. In causes of some of these abuses.
country could take in the face of this some cases, some protests have been I hope and expect that we can address
pandemic that has created so much carried out without violence and with- why on Earth was it that the man who
havoc in our economy and has also has out incident. killed George Floyd apparently had 17
taken too many precious souls from us. A few weeks ago, I came to the floor complaints filed against him without
I would state this on examination of of the U.S. Senate to talk about one formal disciplinary action ever having
this bill: It is not, in fact, a one-size- such gathering in Ogden, UT, where been taken against him. Why and how
fits-all. If there is any agency any- people gathered to express their objec- did this happen? What sort of cabal was
where that has the wherewithal to pro- tions to what happened to George it that was protecting him from dis-
mulgate an emergency temporary Floyd in Minneapolis about a month cipline?
standard, and, ultimately, after 24 ago. They did so in the immediate I hope and expect that we can have
months a permanent standard, it is the wake of the killing of a police officer in those conversations, but I hope and ex-
Department of Labor and its Occupa- Ogden. They dual-tracked their expres- pect that we as a country can come to-
tional Safety and Health Administra- sions of emotion and of concern, ex- gether in condemning violence—law-
tion. pressing support and appreciation to less violence in all of its forms. Wheth-
The failure of leadership that this ad- the fallen officer who had given his life er it is against persons or property or a
ministration—as in OSHA—is not enforcing the law and trying to protect combination of the two, we are better
doing its job is unfathomable to me. his fellow Utahns, his fellow American, than that. Don’t dress it up in the flag.
But I believe that it sits in the best po- his fellow residents of Ogden, while at It doesn’t belong there. Don’t dress it
sition to issue an emergency tem- the same time protesting against what up in the First Amendment. The First
porary standard and protect our work- happened to George Floyd in Min- Amendment protects our right peace-
ers and customers and students and pa- neapolis. ably to vocalize our concerns, peace-
tients who necessarily interact with They protested in a way that re- ably to assemble—not lawlessly and,
these workers. I am disappointed. But, flected well on this country, on the certainly, not violently.
again, we will continue to press this city of Ogden, and on the State of If this can happen in Provo, it can
issue until every worker does have Utah. They left with not a scrap of happen anywhere. You don’t want it to
these protections. trash left in the streets. Perhaps far happen in your community, not in any
I yield the floor. more importantly, they left the scene community. I hope and expect that in
The PRESIDING OFFICER. The Sen- without having harmed anyone or any- the coming days we can come together
ator from Utah. thing, without destroying property. as a Senate and adopt sense of the Sen-
PROTESTS Yes, the American people have the ate legislation unequivocally con-
Mr. LEE. Mr. President, it is with right peaceably to assemble and to ex- demning violence undertaken in a law-
sadness, concern, and deep disappoint- press their views without fear of ret- less fashion. Regardless of the motiva-
ment that I come to the floor to ac- ribution from their government. But, tion of those involved in it, it is wrong,
knowledge something very unfortunate no, that does not encompass the right and it must never be tolerated—not in
that happened just last night in my to harm other people, and, no, that this country, not on our watch.
own hometown of Provo, UT. A group does not encompass the right to engage I yield the floor.
of people were gathered in downtown in acts of lawlessness, whether for the The PRESIDING OFFICER (Mr. BAR-
Provo to protest, to express concern purpose of destroying property or life RASSO). The Senator from Pennsyl-
over matters important to them. simply because one is concerned about vania.
At one moment, a car approached something. Mr. CASEY. Mr. President, I ask
University Avenue, preparing to turn This violence has to stop. This isn’t unanimous consent to speak as in
right on to Center Street. As that car who we are. It is important also to re- morning business.
approached, the car was surrounded by member that whenever we voice con- The PRESIDING OFFICER. Without
people who were engaged in acts of pro- cern about something in government, objection, it is so ordered.
tests. The car tried to pull through the we remember that you can’t expand UNANIMOUS CONSENT REQUEST—S. 3768
intersection very slowly, being cau- government without strengthening Mr. CASEY. Mr. President, we are
tious, and not to move into anyone. government—the same government en- going to be talking tonight about nurs-
The protesters continued to gather tity that provides law enforcement of- ing homes in the context of the
around the car. In the middle of all of ficers, the same government entity COVID–19 disease.
this, the driver of that car was shot— that collects taxes, that runs any gov- I will start with the numbers, which
was shot—by one of the protesters who ernment program. So we do have to I think most Americans, unfortu-
was armed, who, according to the video keep in mind exactly what it is that we nately, know by now. Every day we see
that I saw, looked right into the vehi- want. the number of cases and the number of
cle and shot into the passenger side There are many instances that I have deaths. I don’t know exactly the num-
window with a gun. observed as a lawyer, as a former pros- ber today, but it was somewhere
According to eyewitness accounts, ecutor, and as a citizen in which police around 127,000 deaths.
after the driver then pulled away from authority has been abused. I unequivo- Yet a number they may not know are
the intersection, trying to get away, cally condemn all such abuses. That is the numbers when it comes to nursing
the person with the gun fired yet again the very reason we have a Constitution homes. More than 54,000 residents of
as the driver was driving away. Mo- in place to limit the power of govern- nursing homes or workers have died—
ments later, the driver arrived at Utah ment, of individual officials running more than 54,000. They account for
Valley Regional Medical Center, seek- them—government entities. more than 40 percent of all the deaths
ing medical attention. My thoughts When you send law enforcement in to in the USA.
and prayers are with that victim and address a particular situation, you are To say this is unacceptable in no way
the victim’s family not doing that for the purpose of per- begins to describe the gravity of this,
I am saddened that we have to be suasion; you do it for the purpose of the tragedy, and the failure by the ad-
having this conversation at all, but it force. That is the one tool that govern- ministration to deal with it and to
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is something that has come to so many ment has that is uniquely govern- have a strategy to get that number
communities around America. These ment’s. It has the power of force. It is down.
are protests, in some cases, turning official, collective force. That is what I hope the administration and I hope
into riots that have visited commu- government is. Members of Congress would commit
nities—urban and rural and suburban I hope and I expect that our con- themselves today to say that when we
alike. versations about this will focus on how come back here 3 months from now, 4
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S4018 CONGRESSIONAL RECORD — SENATE June 30, 2020
months from now, 5 months from now, passed $75 billion for a total of $175 bil- reads: ‘‘Find Resources to Create a
that we are not again saying 54,000 lion for the Provider Relief Fund. That Safer School.’’ It has the latest news
more people died in nursing homes. I fund allowed reimbursement and finan- and a coronavirus update. Then it has a
hope there will be an effort made by cial assistance to skilled nursing facili- number of different parts to the site.
the majority in the Senate to make ties and nursing homes. You can go on School Safety Tips, like
sure we are working together with the To date, about $76.9 billion—44 per- bullying and cyberbullying, threat as-
administration to get that number cent of that $175 billion—has actually sessment and reporting, school secu-
down. been expended, and $4.9 billion has been rity personnel, physical security, train-
I don’t sense that the administration expended on skilled nursing facilities ing, exercises and drills, mental health,
has any kind of a strategy here at all and nursing homes, which means we school climate, emergency planning
because if there were a strategy, that have $98.1 billion left. and recovery.
number would never be as high as it is. Fifty-six percent of that $175 billion Again, this is completely non-
I will have more to say later, but has not been spent, and HHS has a controversial. It is just a clearinghouse
there is something we can do in the great deal of latitude in terms of how of best practices that every school in
Senate and that is to pass legislation to direct that. If more needs to go to America can go to and cut through the
to do a couple of things. No. 1 is to skilled nursing facilities and nursing clutter and, hopefully, find very prac-
focus dollars on the problem. homes, HHS has $98.1 billion to spend. tical solutions to improve the safety
In this case, we have nursing homes Before we authorize another $20 bil- within their schools and, again, hope-
across the country that never imple- lion and try to pass that by unanimous fully prevent tragedies like those that,
mented the kind of practices that consent, I say we need to take a very unfortunately, befell the folks in Park-
would help them to reduce the number close look at what we have already land, FL.
of deaths in nursing homes. We know spent—close to $77 billion—and then ei- Mr. President, I ask unanimous con-
there are best practices that work. We ther redirect, repurpose, or just utilize sent that the Senate proceed to the im-
know that when a nursing home is it as was intended, the $98.1 billion mediate consideration of Calendar No.
given the resources to separate those that remains to be spent. 402, S. 2779. I ask unanimous consent
with COVID–19 from those who don’t I object. that the committee-reported amend-
have it, so-called cohorting—it is a The PRESIDING OFFICER. Objec- ments be withdrawn; that the Johnson
phrase we should become familiar with, tion is heard. substitute amendment at the desk be
‘‘cohorting’’—if that happens in a long- UNANIMOUS CONSENT REQUEST—S. 2779 considered and agreed to; that the bill,
term care setting, the death number The PRESIDING OFFICER. The Sen- as amended, be considered read a third
will go down for sure, and the case ator from Wisconsin. time and passed; and that the motion
number will go down, but not enough Mr. JOHNSON. Mr. President, first, to reconsider be considered made and
places are doing that. let me talk a little about the Luke and laid upon the table.
We should help them do that. I have Alex School Safety Act. The PRESIDING OFFICER. Is there
legislation to do just that. We also The Luke and Alex School Safety Act objection?
know there are best practices with re- of 2020 is named in memory of Luke The Senator from Pennsylvania.
gard to investing in strategies that will Hoyer and Alex Schachter, who trag- Mr. CASEY. Mr. President, in reserv-
surge medical support for nursing ically lost their young lives on Feb- ing the right to object, I don’t have a
homes to get more professionals to be ruary 14, 2018, in the attack at Marjorie problem—nor do, I am sure, a number
brought to bear on a problem in a nurs- Stoneman Douglas High School in of Senators—with Senator JOHNSON’s
ing home. There is a lot we can do. I Parkland, FL. Luke’s parents, Tom and bill. I am objecting on behalf of the
will have more to say about it in a mo- Gena Hoyer, and Alex’s father, Max Democratic Senators so we can start a
ment, but I know we want to get to a Schachter, turned their tragedy into conversation about helping all of the
unanimous consent request. positive action by dedicating their air traffic controllers in this country
This is not going to be good enough lives to promoting noncontroversial, receive 12 weeks of paid parental leave,
for us to just curse the darkness and commonsense school safety measures starting on September 30, 2020.
say how bad this is and how unaccept- so that others don’t have to experience We did a great thing here in the Sen-
able it is. We have to act. That means tragedies like they have. ate for other Federal employees last
the Senate has to pass legislation Both Tom and Max testified before year in the National Defense Author-
which includes dollars—funding—so we my committee on July 25, 2019, and ization Act that the President signed,
can have better practices in our nurs- presented their recommendations for but these air traffic controllers were
ing homes. I hope those who will say improving school safety. One of their accidentally left out. I think—and I am
that is not what we should do have a recommendations was to create a Fed- sure this is true of many who agree
good plan, a good strategy. eral clearinghouse of school safety best with me—that if the chairman would
Let me start with a unanimous con- practices that schools, teachers, and take a look at Senator SCHATZ’s bill to
sent because I know we have to get parents can use as a tool to improve a fix that, these hard-working moms and
that done here. school’s safety posture in a way that dads would be very appreciative.
Mr. President, I ask unanimous con- best suits that school’s community and Therefore, I object.
sent that the Health, Education, needs. The PRESIDING OFFICER. Objec-
Labor, and Pensions Committee be dis- Our committee turned this common- tion is heard.
charged from further consideration and sense recommendation into the Luke The Senator from Wisconsin.
the Senate proceed to the immediate and Alex School Safety Act of 2020 and Mr. JOHNSON. Mr. President, if I
consideration of S. 3768, the Nursing passed it unanimously, with bipartisan could ask the Senator from Pennsyl-
Home COVID–19 Protection and Pre- support, on November 6, 2019. Even vania, I am not quite sure what that
vention Act of 2020. I ask unanimous though the bill had only cleared our fix has to do with the school safety
consent that the bill be considered read committee, the Department of Home- bill. They are completely unrelated. By
a third time and passed and that the land Security agreed that it was such a the way, I talked to Senator LANKFORD
motion to reconsider be considered good idea that it actually created and earlier, and I know he also has a bill to
made and laid upon the table. launched this clearinghouse in Feb- fix that and is trying to get that into
The PRESIDING OFFICER. Is there ruary of 2020. I ask unanimous consent the NDAA this year. Again, it seems
objection? to codify this clearinghouse within the like there is bipartisan support for that
The Senator from Wisconsin. DHS to ensure it will be continually as well.
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Mr. JOHNSON. Reserving the right updated to be useful and relevant for To me, it doesn’t make any sense
to object. schools and teachers and parents well whatsoever to hold up and not pass a
Mr. President, the fact is, the Senate into the future. bill that is completely unobjectionable
has acted. We acted very generously. In By the way, I just quickly printed and noncontroversial and that really
the CARES Act, we passed $100 billion. out the current web page here. What is could marginally improve school safety
In the CARES Act 3.5—phase 3.5—we on it is just very common sense. It simply because we have not fixed what
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S4019
we kind of botched the last time equipment, specially trained people— cant difference for nursing homes in
around even though there is bipartisan folks beyond the ordinary employee New Hampshire and across the coun-
support to actually fix it. So I guess I base of the facility—to come in and try. The Nursing Home COVID–19 Pro-
am kind of scratching my head and not deal with that explosion, with things tection and Prevention Act, which I am
understanding that objection. like just best practices—identifying proud to cosponsor, would help save
The PRESIDING OFFICER. The Sen- them, promulgating them—practices lives and improve safety among resi-
ator from Pennsylvania. that will keep residents and staff safe. dents and employees in nursing homes.
Mr. CASEY. Mr. President, I think I am very disappointed that our Specifically, this bill would provide
the reference was to Senator SCHATZ’s Nursing Home COVID–19 Protection $20 billion in emergency funding for
bill, and I am just asking, on behalf of and Prevention Act has been objected nursing homes, intermediate care fa-
the Democratic Senator, if the chair- to by the Senate majority. If the ma- cilities, and psychiatric hospitals to
man would take a look at that bill. jority’s notion is that we are doing so support costs related to staffing, test-
Mr. JOHNSON. Yes, I am happy to well that we can ignore this, that all ing, PPE, and other essential needs. It
take a look at that as I am willing to we need to do is take a very close look would also require the Department of
take look at the Lankford bill and get at the funding that has already gone Health and Human Services to collect
that in the NDAA. So, perhaps, maybe, out, and that this is another victory we and publish data and analysis on
if that gets included and gets fixed, we can declare—mission accomplished; we COVID–19 cases and deaths in these fa-
can come back at a later date and pass are doing a wonderful job, Brownie; cilities, which would give us a clearer
this by unanimous consent. this is great—no, not with 30,000 fatali- picture of the situation we are facing.
I yield the floor. ties and climbing. In addition, I will continue working to
The PRESIDING OFFICER. The Sen- I yield the floor. ensure that we are doing all that we
ator from Rhode Island. The PRESIDING OFFICER. The Sen- can to keep residents and employees of
CORONAVIRUS ator from New Hampshire. nursing homes safe.
Mr. WHITEHOUSE. Mr. President, I Ms. HASSAN. Mr. President, I thank
Last week, I joined with Senators
come to the floor to talk about the my colleague from Rhode Island and
Casey, Warren, and Schumer in calling
problem for which Senator CASEY my other colleagues on the floor for
for answers from the Federal Emer-
asked unanimous consent, which is of their comments.
I rise to join Senator CASEY and our gency Management Agency, FEMA,
the terrible plague of deaths in nursing about nursing home and long-term care
colleagues in calling for additional ac-
homes across the country. facility access to personal protective
tion to protect nursing home residents
We just heard the chairman say that equipment—what we commonly know
amid the COVID–19 pandemic.
he is not sure what the air traffic con- I begin by thanking the Senator from now as PPE—following reports that
trollers have to do with his proposal on Pennsylvania for his leadership on this FEMA was shipping insufficient and
school safety. I am not sure what his issue. I note that the senior Senator defective personal protective equip-
proposal on school safety has to do from New Hampshire is here, and I ment to these facilities. These reports
with nursing homes. We came here to know that she will be addressing this are deeply alarming. Equipment arriv-
talk about nursing homes. issue as well and has been fighting for ing with mold on it cannot continue.
There are over 30,000 residents of action to protect people all across our As we continue to address this pan-
nursing homes in this country who State and across our country who re- demic, the challenges facing nursing
have been killed by the COVID virus. If side and work in nursing homes. homes must be a top priority. Delaying
Senator CASEY’s numbers are accurate, Nowhere is this pandemic being felt vital assistance to these facilities will
that is another 20,000 of stats. It is one more acutely in this country than in have dire consequences for people in
in four deaths from COVID–19 in the nursing homes. Across the United New Hampshire and all across our
United States. Out of the 1.3 million States, 43 percent of COVID–19 deaths country. I urge my Republican col-
Americans residing in nursing or inter- have been linked to nursing homes, and leagues to support this legislation. I
mediate care settings, 30,000-plus have in New Hampshire, roughly, 80 percent urge them to come to the table and
passed away, and in some States, it is of our State’s deaths from this virus work with the Democrats to strength-
much worse. have been in nursing homes and long- en the Federal response to this pan-
Senator HASSAN is here from New term care facilities. The grief of losing demic.
Hampshire, and she will talk about her a loved one, compounded with the fact I yield the floor.
State. Senator CASEY is here from that families could not be at their The PRESIDING OFFICER. The Sen-
Pennsylvania. sides, is unimaginable. I know that ator from New Hampshire.
In Rhode Island, 60 percent of our frontline staff are working as hard as Mrs. SHAHEEN. Mr. President, I am
deaths have occurred in long-term care they can to keep their patients and pleased to join my colleagues on the
facilities. I know it is not just us but residents safe, but in talking with floor in support of legislation that
that it is going on around the country. them, it is clear that these essential would address what is happening in our
One in five nursing homes nationwide workers need more support. long-term care facilities across this
has reported a COVID-related death, In particular, frontline staff tell me country as a result of the coronavirus.
and as the disease explodes across parts they still do not have sufficient sup- I applaud Senator CASEY for his lead-
of California, explodes across Florida, plies of personal protective equipment. ership on this legislation and am
and explodes across Arizona, you know Months into this pandemic, there is pleased to be able to join in cospon-
that this disease will have many more still no robust Federal strategy to sup- soring the bill, along with my col-
opportunities to attack many more port the residents and employees of league from New Hampshire, Senator
Americans in many more nursing nursing homes. That is inexcusable. HASSAN; Senator WHITEHOUSE, who was
homes. With respect to the argument that I here; and Senator BLUMENTHAL. We are
So our bill is a really sensible one: have heard some of my Republican col- all here because this country is not
resources to nursing homes for staff- leagues make—that we have already doing enough to support long-term care
ing, for testing, for personal protective passed the CARES Act and that it had facilities and nursing homes in Amer-
equipment, to support the expense of money to go toward nursing homes—it ica.
doing sensible things like cohorting— doesn’t address this issue. If the pre- Before I talk more about the legisla-
putting the COVID patients together to vious bill were sufficient, we wouldn’t tion, I begin by expressing my outrage
help contain the spread of the illness— still be seeing this rate of death in our at the fact that this administration
and having surge teams available for nursing homes. We need to address the has directed the Department of Justice
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the really dread situation in which the pandemic based on the goals we set and to weigh in to try and overturn the Af-
COVID sweeps through a facility with the results we want, not just on how fordable Care Act at a time when we
such ferocity that you can’t get people hard we think we have worked or how have millions of Americans who are
to come and work there because they much money we think we have spent. vulnerable during the coronavirus pan-
all have to be isolated and quarantined. The bill that Senator CASEY has put demic. As of today, 2.5 million Ameri-
You need special measures, special forward today would make a signifi- cans—nearly 6,000 patients in New
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S4020 CONGRESSIONAL RECORD — SENATE June 30, 2020
Hampshire—have been infected with facilities so they can afford the addi- tremendous champion as the ranking
the coronavirus. tional staffing, the testing supplies, member on the Aging Committee,
Nationally, more than 125,000 Ameri- the personal protective equipment that where I am also privileged to serve.
cans have died. In New Hampshire, will be needed to keep our seniors safe. I have been reading about the 1918,
nearly 400 Granite Staters have died That is why I strongly support Sen- 1919 pandemic which killed Americans
from complications from the virus. Yet ator CASEY’s bill that will provide $20 and people all around the world with
what this administration is doing is million in new aid to nursing facilities such terror and such relentless cruelty,
trying to strike down the Affordable to help them confront this pandemic and it hit particularly hard young peo-
Care Act and take away healthcare head-on. ple in the prime of their life, in their
coverage from 23 million Americans, This bill needs to be a central compo- twenties and early thirties, most espe-
including over 90,000 residents of New nent of any future round of coronavirus cially members of the military who
Hampshire. response legislation here in the Senate. were bunked together and confined on
That means, if they are successful, Our communities are demanding action bases or on troop ships on their way to
that we will have millions of Ameri- to respond to the ongoing impact that the war. Almost as many American
cans with preexisting conditions who the virus is having on the public health troops died of disease during World War
will lose protections that they rely on. and on our economy. I as they did of wounds they suffered in
We will return to the days when insur- As I said last week on the Senate combat.
ers can deny coverage to people with floor, it is long past time for this body Today’s pandemic is different. It has
preexisting conditions or charge them to join together and get serious about hit particularly hard our elderly, and
higher premiums based on their health another coronavirus response bill. they too have been struck with vicious
status. Insurers will, once again, be The really impressive thing about cruelty because, in many instances,
able to put caps on the dollar value of what we have done to date in response they are confined to facilities or living
health services that can be covered in a to this pandemic is the fact that we spaces where they are together, and
year or a lifetime. have worked together to get four really the disease is transmitted so effi-
At a time when unemployment has significant packages of legislation ciently.
risen to levels that we have not seen done. Yet now it has been 6 weeks since Today, we have less excuse than the
since the Great Depression, this admin- the House passed its coronavirus re- public officials a century ago. They had
istration is asking the Court to strike sponse package, known as the Heroes no idea what this organism looked like,
down the Affordable Care Act’s Med- Act. During that time, there has been how it lived, what it did, or how it was
icaid expansion provisions which, in no action here in the Senate to take up transmitted. We know. We have pic-
New Hampshire, has been the most sig- the Senate response to the coronavirus. tures of it. They are on the news every
nificant factor in ensuring that people That needs to end. night, and we know that transmission
who are struggling with substance use I mean, even today we heard the Gov- is accelerated and exacerbated when
disorders are able to get treatment. ernor of New Hampshire—the Repub- people live together in close confine-
This Senate should not stand silently
lican Governor, Chris Sununu—an- ment without the kind of staff and pro-
by while the administration tries to
nounce that in New Hampshire our tective gear and treatment and thera-
tear down the Affordable Care Act at a
State expects to experience a budget peutics and preventive measures that,
time when people are most in need of
shortfall of nearly $540 million. That is hopefully, we will develop through re-
assurances that they can get
about a 20-percent drop in State reve- search that is ongoing right now.
healthcare coverage.
We need to come together to address nues. That is going to have a huge im- They had no cure, and they had no
what needs to change about the Afford- pact in New Hampshire, not just on prevention back then. We are working
able Care Act to make it better, but we healthcare but on so many investments to develop it now, but we know, in the
need to do that together because if this that the State needs to make in our meantime, steps can be taken to pro-
administration is successful in striking schools, in responses for first respond- tect our elderly, especially our elderly
down the Affordable Care Act, they ers, in roads and water systems and who live in nursing homes and assisted
don’t have a plan of what is going to critical infrastructure. Everyone in the living facilities.
replace it. State, from town administrators to the We have no excuse, none, for the
During this global pandemic, it is not Republican Governor, all are describing death rates we have seen in those fa-
enough just to protect the Affordable the tough choices that they are going cilities. In fact, at the height of this
Care Act from ongoing sabotage. We to have to make if Federal assistance pandemic in Connecticut, 70 percent—
have also got to do more to support doesn’t arrive soon. literally, 7 in 10—deaths were among
frontline healthcare providers, espe- Of course, that extends to our nurs- people in nursing homes and other sen-
cially in nursing homes and long-term ing home facilities—to the many busi- ior care facilities. That percentage was
care facilities that are caring for vul- nesses and organizations in New Hamp- among the highest in the country. It
nerable seniors, and that is what this shire and across this country that need wasn’t the 80 percent of New Hamp-
legislation that we are speaking to is more help. shire, but 70-plus percent was among
all about. So I urge our colleagues to support the highest.
In the Granite State, we know just Senator CASEY’s legislation. Let’s get This death rate nationally is a na-
how dire the needs of nursing facilities assistance to those facilities that are tional scandal and disgrace because we
have become, as nursing home resi- so much in need and come together and knew enough, and we certainly now
dents account for approximately 80 per- demand that we get another know enough to prevent these kinds of
cent of the coronavirus deaths in New coronavirus response package of legis- deaths.
Hampshire. lation so that people know help is, once Now, the numbers of COVID cases
I want to just reemphasize what Sen- again, on the way. and deaths have slowed down in Con-
ator HASSAN said. Eighty percent of the I yield the floor. necticut as a result of social distancing
coronavirus deaths in New Hamp- The PRESIDING OFFICER. The Sen- and mandatory mask wearing, but the
shire—we have the highest rate in the ator from Connecticut. pain is still felt in nursing homes. Just
Nation of deaths in long-term care fa- Mr. BLUMENTHAL. Mr. President, I last week, another 20 nursing home
cilities, and yet we have nursing facil- am honored to follow my colleagues residents died, and in that same week,
ity staff in the State who tell me they Senators Shaheen and Hassan from 64 nursing home staff contracted
are stretched thin due to increased New Hampshire and Senator WHITE- COVID–19.
costs from the coronavirus response. HOUSE of my neighboring State of In fact, although we talk about the
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They have reduced revenue because Rhode Island—great advocates and residents of nursing homes, the staff—
they have had to postpone stays in steadfast champions of our elderly, our the doctors, the nurses, the clinicians,
long-term care facilities for patients nursing home and assisted living facili- the caregivers, the maintenance work-
who need physical rehabilitation. ties, and, most important, my wonder- ers—were also among the most heavily
It is critical that the Senate take ac- ful friend and colleague, Senator CASEY impacted. Working in a nursing home
tion to provide more support to these of Pennsylvania, who has been such a is not a picnic. Working in a nursing
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S4021
home is tough physically and emotion- the loved individuals who live there, we Of course, I mentioned at the outset
ally, and it was made all the more so must take this step. the deaths, as of a few hours ago, of
by this pandemic. I have also introduced legislation more than 54,000 people, when you add
That is why I am supporting, avidly, with Senator BOOKER—the Quality up the residents and the workers, com-
the Heroes Fund, part of the Heroes Care for Nursing Home Residents and prising 40 percent of the deaths nation-
Act, which would provide hazardous Workers During COVID–19 Act—that wide.
duty pay to those frontline workers would immediately address the egre- You can see when you break it down
who have been on the job reporting for gious number of nursing home deaths by State, my home State of Pennsyl-
duty despite the risk and the extraor- happening in Connecticut and through- vania is at 68 percent—a majority of
dinary emotional and physical toll it out the country by implementing much the deaths—linked to nursing homes.
has taken on them and their families. needed reforms. These reforms and States just to the south, where there is
That hazardous duty pay is a reward. practices are part of the work that Virginia at 61, Maryland at 61, Ohio at
It is a recognition for what they have must be done, especially for the fami- 57, but even further south, North Caro-
done in service to not only their pa- lies of the over 2,500 nursing home resi- lina is at 57. Then you go out into the
tients and clients but also to society in dents who lost their lives. middle of the country, and in North
Connecticut as a whole. They deserve I am pleased that Connecticut has Dakota, 64 percent of the deaths were
it, and we need to provide it to retain committed itself to a full probe of how linked to nursing homes; Minnesota, 77
them and to recruit others, the same as COVID–19 impacted nursing homes, percent. There are not many that are
we do for police and fire and first re- how it killed, but Connecticut should below 30 percent—only a few. Those are
sponders—others who work in grocery not need to go it alone. No State the numbers, but of course the num-
stores, supermarkets, delivering, postal should need to go it alone. This kind of bers don’t tell the story.
workers—the unsung heroes of this measure puts the full weight of the We need a plan for this. This is not
pandemic. Federal Government in funding and the America we should accept. This
None has been more courageous and best practices and reforms behind isn’t America, where we just throw up
perhaps less appreciated in the way States like Connecticut that want to our hands and say this virus is so ter-
they deserve than those strong and do better and feel we must do better. rible, so aggressive, and the COVID–19
courageous workers in nursing homes We all bear that responsibility. It is disease is so destructive—the results
in Connecticut and elsewhere. I know, common to all of us. It is on us, and from the virus—that we are going to
from having talked to them—many of these two measures are a way to fulfill accept another 54,000-plus deaths in the
them in Zoom calls, personally, in that responsibility. United States of America and not have
meetings, on the telephone—they We should not leave the Capitol for a an action plan.
grieved for those losses. They genu- 2-week recess while nursing home resi- There is no action plan right now.
inely felt the pain and suffering that dents remain vulnerable. We should not The Centers for Medicare and Medicaid
they saw. The losses the families suf- abdicate our responsibility while those Services and other parts of the Federal
fered were their losses, too, and when residents in the care of assisted living Government have only recently started
their facilities endured a higher than facilities remain susceptible, and they to speak to this issue, but there is no
expected rate of fatality, they grieved are continuing to be susceptible. We plan. Unless we have legislation that
along with brothers and sisters, sons need greater preparedness in every the majority not too long ago in this
and daughters, friends, family, and oth- way, most especially where we know hour just objected to—a big part of the
ers. They experienced the kind of phys- the most vulnerable are right now, and solution is to invest in proven strate-
that is our nursing homes and assisted
ical isolation and sometimes emotional gies, best practices like cohorting,
living facilities.
isolation that those patients endured where you separate COVID–19 residents
As this administration continues to
when they were separated from their attack the Affordable Care Act in the in nursing homes from residents who
loved ones, cut off from human con- Supreme Court of the United States do not have the disease—that works;
tact. and elsewhere in abhorrent defiance of we know that works because it has
So we need to focus—we have an obli- worked in real time in lots of places in
the need for more healthcare, not less,
gation to do so—on our nursing homes the country—as well as the other in-
in the midst of a pandemic, we can
because of the fatalities and the other vestments we can make in surge capac-
send a message to the country that we
suffering that is endured there. We ity to add professional help in the form
will stand strong for better healthcare.
need to learn from some of the best We will protect senior citizens in nurs- of more doctors, more nurses, and more
practices that were finally put into ing homes. certified nursing assistants when a
place in Connecticut, such as expert Thank you. nursing home is being overrun.
strike teams that focused on testing, I yield the floor. No one here is saying that the Fed-
the larger numbers of personal protec- The PRESIDING OFFICER. The Sen- eral Government is the only entity re-
tive equipment—masks, gowns, other ator from Pennsylvania. sponsible for this. Nursing homes have
kinds of equipment necessary to pro- Mr. CASEY. Mr. President, as we to do more, and governments at all lev-
tect the staff as well as the residents— conclude the hour in the next 10 or 15 els have to do more. But the Federal
and sometimes cohorting, which has minutes, let me start my remarks by Government is the payer and the level
worked in some circumstances, so that thanking my colleagues who joined us of government that comes up with
the infected are separated from others. tonight. I thank Senator WHITEHOUSE, rules and regulations and law that gov-
I am proud to support Senator CASEY who has worked with us on this legisla- erns what happens in a long-term care
in fighting for the Nursing Home tion from the very beginning, on intro- setting.
COVID–19 Protection and Prevention duction, and so many who are cospon- So this bill, S. 3768, which has now
Act, which would provide $20 billion in sors on the legislation—Senator HAS- been objected to by the majority—and
emergency funding specifically tar- SAN from New Hampshire and Senator I am still waiting all these weeks and
geted toward protecting nursing home SHAHEEN, the senior Senator from New months now for the majority to come
residents as well as individuals in in- Hampshire. I thank her for being here up with their nursing home strategy to
termediate-care facilities and others in and for her comments about this legis- get the death and case numbers down.
psychiatric hospitals. lation. I also thank Senator We are still waiting for that.
This legislation is not a luxury or BLUMENTHAL. This bill, S. 3768, would provide $20
convenience; it is a necessity. If you I wanted to start just for a few min- billion in emergency funding. When
care about those extraordinarily vul- utes before we conclude with this you consider all that has been invested
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nerable individuals who cannot care for chart. This is a chart depicting a map in so many other priorities, the least
themselves—that is why they are in of the United States that is dated June we can do is to invest in proven strate-
these facilities—then we must pass this 27 from the New York Times. The sum- gies for our nursing homes. It would
legislation. If we have any measure of mary reads: ‘‘In at least 24 states, a provide support for personal protective
self-respect as well as regard for those majority of deaths are linked to nurs- equipment for nursing home workers
brave individuals who work there and ing homes.’’ who are doing that heroic work every
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S4022 CONGRESSIONAL RECORD — SENATE June 30, 2020
day. Some of the funding would go for very front of the line. We should make Mr. Taylor reached out to my office after
testing, as I mentioned, cohorting, sure they have protections in the nurs- he learned that his sister-in-law, Juanita,
surge teams, and so much else. ing homes to do their work but also age 72, passed away from COVID in her nurs-
The bill is supported by the AARP, ing home in Lancaster County.
pandemic premium pay, as we call it, His mother is also a resident of this facil-
the Alzheimer’s Association, and 25 and so much else. ity and recovered from COVID at age 85.
other organizations representing sen- I ask a parliamentary inquiry: How When Thomas and Barbara spoke to my
iors, people with disabilities, nursing much time is remaining? team, they were dismayed that more is not
homes, and other providers. The PRESIDING OFFICER. There is being done at the federal level to ensure
This is what we need to pass now to no order on time. transparency with residents and their fam-
have a strategy in place because we Mr. CASEY. Mr. President, I have ily.
cannot wait for the administration be- Mrs. Taylor followed up with my office in
just a few more minutes, and I will be
writing.
cause they seem to have no sense of ur- done. She explained that her sister, Juanita,
gency with regard to this problem. I won’t go through the details of this began showing signs of COVID at the end of
This is an American problem that was report, but I want to note for the Sen- March.
created here in response to a virus. No ate two things. No. 1, we will be intro- Juanita had a cough, a slight fever, did not
one would argue that the American ducing—I will, and Senator PETERS, have an appetite and required oxygen to help
people cannot come up with a strategy the ranking member of the Homeland with breathing.
At this time, it became painfully clear
to get the death numbers and case Security and Governmental Affairs that the Trump Administration had failed to
numbers down. Committee, and Senator WYDEN, the stockpile the supplies needed to test Ameri-
Who are we talking about here? We ranking member of the Finance Com- cans.
are talking about two groups of Ameri- mittee—the three of us and our offices And, still, the President refused to use the
cans, right? The residents and the will be releasing a report about nursing Defense Production Act to procure the sup-
workers. The residents—we are talking homes. The report is entitled ‘‘COVID– plies necessary.
about those residents in nursing 19 and Nursing Homes: How the Trump Even after multiple requests that her sis-
homes. These are Americans who ter be tested, in Barbara’s words ‘‘begging’’
Administration Failed Residents and doctors, Barbara was told that her sister did
fought our wars. These are Americans Workers.’’ This is a chronicle of deadly ‘‘not have the symptoms’’ or ‘‘meet the cri-
who worked in our factories and Amer- delay and a chronicle of a lack of real teria’’ required to be tested.
icans who raised families year after urgency on behalf of the administra- For the next few days, Barbara and Thom-
year, decade after decade. These are tion. as were kept in the dark.
Americans who built the great Amer- I hope the administration is reaching Then, any family’s worst nightmare oc-
ican middle class. These are the Ameri- that point of urgency and is going to curred.
Barbara called the nursing home and spoke
cans who built this country, and they deliver to the American people a plan to a nurse on the floor.
gave each of us life and love and a to get the death numbers down, to get When Barbara asked about her sister, the
strong foundation personally but also the case numbers down in nursing nurse said, ‘‘Your sister is not here.’’
in terms of the strength of our country. homes. We haven’t seen that sense of Barbara pressed for more information.
The least we can do—the very least urgency. This report includes nine find- The nurse told Barbara, ‘‘Juanita died
this Senate can do is to make sure we ings and nine recommendations, so no about an hour ago. Didn’t anybody call
at least have a strategy. you?’’
one can ever accuse us of just cursing This was the first Barbara had heard this
Are we just going to throw up our the darkness of this tragedy without news. The Taylors were ‘‘horrified by the un-
hands and just say there is nothing the bringing the light of solutions to this expected news.’’
most powerful institutions in the world issue. The lack of transparency and human de-
can do to reduce the number of nursing There is more that I could say, but cency is inexcusable and immoral.
home deaths? As I said before, we don’t just for the record, as I conclude, I ask Nursing homes must do better. Residents,
want to be standing here 3 months unanimous consent that the written families and workers deserve better.
As the report that we will be releasing to-
from now, 6 months from now, talking comments that my office received from morrow states, the Trump Administration
about another 54,000 or 55,000 nursing two constituents with concern about provided no leadership.
home deaths. Is that really America? their loved ones in nursing homes be Nursing homes did not have the supplies
We are still waiting for the adminis- entered into the RECORD. necessary to protect residents and workers.
tration. We are told that by one esti- Just for the record, I will read the There was a testing shortage across the
mate, 12 to 18 nursing home residents names of the family members: Thomas country. And there continues to be no test-
have died per hour, every hour over the and Barbara Taylor of Coatsville, PA. ing strategy.
last several months—12 to 18 nursing Many facilities experienced staffing short-
The Presiding Officer is a native of ages, which may be the reason why no one
home residents dying every hour. So Redding and knows what I am talking bothered to call the Taylors.
we can’t and should never allow an- about when I mention these names. We must do more to protect Mr. Taylor’s
other hour to pass without action. Joette Peters of Manheim, PA, is mother who is still at that same nursing
The majority has allocated a lot of also a part of this, as well as Amy home, but also all other nursing home resi-
time for nominations the last 2 months Lowenthal, who had a relative. Her dents across the country.
or more, a lot of time for other issues, dad, David, was a geriatrician in Phila- We need more funding for surge teams to
but not time for COVID–19 strategies deal with COVID right now, and more fund-
delphia. Her comments are about that.
ing to implement best practices, like
to reduce long-term care deaths in I ask unanimous consent that these cohorting, separating residents who have
nursing homes. So the time now is not written comments from constituents COVID from those who do not.
for debating nominations for agencies; be printed in the RECORD. We cannot stop working. We cannot stop
the time is long overdue for us to take There being no objection, the mate- legislating. We cannot stop appropriating
action to deal with this American trag- rial was ordered to be printed in the dollars to help our seniors and people with
edy of deaths of residents in nursing RECORD, as follows: disabilities.
homes and deaths of workers. THOMAS AND BARBARA TAYLOR—COATESVILLE, There being no objection, the mate-
While we are talking about those PENNSYLVANIA rial was ordered to be printed in the
workers, they do heroic work every I’d like to share information from Thomas RECORD, as follows:
day. They go in to do this work, expose and Barbara Taylor, a couple from As Barbara wrote, ‘‘My sister Juanita had
themselves to the virus, expose their Coatesville, Pennsylvania. dementia and could not speak for herself. I
My office first heard from Mr. Taylor in was her voice and eyes. I couldn’t see her at
families to the virus, and they do back- the time. Please allow me to speak for her
breaking work, often for pay that isn’t early April.
dlhill on DSK120RN23PROD with SENATE
Mr. Taylor is a hospice nurse who now and others who have no voice.
commensurate with the nature and We have a sacred responsibility to heed
serves as the Chief Operating Officer of a
sacrifice and the dignity of their work. company. this call to action from the Taylors and so
So they are heroic. He understands the challenges of caring for many others.
If there were ever a group of front-of- a vulnerable population. JOETTE PETERS—MANHEIM, PENNSYLVANIA
the-frontline workers—these are not And, he knows how important it is to treat My team also spoke with Mrs. Joette
just frontline workers; they are at the people at the end of their life with dignity. Peters from Manheim, Pennsylvania.
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S4023
Mrs. Peters’ parents, Harold and Helen, We are all eternally grateful to the front- 4,856,647 small businesses. Quite frank-
have been married for 67 years. line workers who are caring for our loved ly, these are small businesses that very
For the past 11 years, Harold and Helen ones. well may not have been here today but
have been residents of a nearby retirement They deserve more than our praise.
for the PPP program. We kept them
community. They deserve protection. They deserve
As they grew older, they required differing testing. They deserve premium pay. alive, and we have saved jobs. The
levels of care. They decided to reside in The bill that I am hoping the Senate will Labor Department’s May estimate of
rooms across the hall from each other. pass will provide resources for all of that. 2.5 million jobs added—a large number
However, like the greatest love affairs, Mr. CASEY. Mr. President, I yield as a result of the PPP funds.
even that separation could not keep them the floor. Small businesses need additional
apart. The PRESIDING OFFICER (Mr. help. They need additional help. Times
According to Mrs. Peters, before COVID, have changed. We know, for example,
‘‘[t]hey spent the majority of their waking
PERDUE). The Senator from Maryland.
f that in the State of Texas and Florida,
hours together.’’
Their love knew no bounds. we are seeing a record number of infec-
EXTENDING THE AUTHORITY FOR tions just now. The need is still there.
Now, COVID is keeping them apart from
each other, their daughter and their ex- COMMITMENTS FOR THE PAY- We have mandatory closures of bars in
tended family. CHECK PROTECTION PROGRAM those States. We certainly didn’t an-
Mrs. Peters explained that in the middle of Mr. CARDIN. Mr. President, shortly, ticipate that when we passed the legis-
lunch, her parents were told the facility I am going to make a UC request. I am lation last March. Small businesses
would be going into ‘‘lock down’’ and Helen need additional help. We don’t want to
not going to do it now because we are
would need to leave immediately.
Since then, Helen and Harold have only still working out some of the specific close the door on the PPP program.
been able to see each other and their daugh- details, and Senator SCOTT will be on The good news is that we have $130
ter through a sliding glass door. the floor when I do that, but let me billion remaining in the coffers for the
They have tried to visit with each other just explain while I am on the floor. PPP program. So the resources are
virtually, but that has its own challenges. My colleague Senator SHAHEEN, a there, the need is there, and we just
We know from experts that social isolation key member of the Small Business need to change the date. So the UC I
for seniors can have the same health impact am going to be making in a few mo-
Committee and one of the negotiators
as smoking 15 cigarettes a day. ments would change the deadline for
This very topic was the focus of a recent on the small business package, is on
the floor, and we are joined by Senator filing for a PPP loan from June 30 to
hearing in the Aging Committee.
Nursing homes and other long-term care SCHUMER, who has been a real cham- August 8. We picked August 8 because
facilities need resources in order to safely re- pion in making sure we get help to that is the end of the next work period.
open. America’s small businesses. I want to We certainly hope that by then, we are
They need dollars for PPE. They need dol- acknowledge the work of Senator going to have the next stimulus pack-
lars for testing. And they need dollars for age signed by the President of the
COONS, who I expect will be on the floor
their workforce. United States.
My bill would provide nursing homes with a little later. One of our key cospon-
sors in the next round of aid is Senator I must tell you, we need to do more
those resources.
It would give Harold and Helen the chance ROSEN. than just extend this date; we need
to be together. And, it would give their I want to acknowledge the cospon- round two of help for small businesses.
daughter and family peace of mind. sors of the unanimous consent request I am very pleased that I have had the
AMY LOWENTHAL—LATE FATHER: DAVID legislation, including myself and Sen- help of Senator SHAHEEN and Senator
LOWENTHAL, GERIATRICIAN IN PHILADELPHIA ator SCHUMER, Senator SHAHEEN, Sen- COONS. We filed legislation that targets
My office also heard from Amy Lowenthal. ator COONS, Senator ROSEN, and Sen- the next round. The first round was to
Amy’s father, Dr. David Lowenthal, was a ator COLLINS. get money out quicker to save small
nephrologist and professor who was trained I also want to acknowledge that this businesses. The second round needs to
as a doctor at Temple University and prac-
is bipartisan. I talked to Senator be targeted to those small businesses
ticed medicine in Philadelphia. that really need the help. That is why
Amy was told that he was the first resident RUBIO, and he has informed me that
our legislation targets it to small busi-
in his nursing home to test positive for this has cleared the hotline, so we are
nesses under 100 workers and those
COVID–19. hopeful that we will get this UC done
In explaining the care and treatment that that have economic needs that can be
today.
her father received after the diagnosis, she demonstrated and helping particularly
As we are waiting for the paperwork
told my office about the incredible kindness the underserved, underbanked commu-
to get to us, let me just explain what
of the nursing home’s workers. nity.
the UC does before I make the UC re- I was very pleased that this type of a
Call after call, looking in on her father,
Amy and her sisters said that nurses and quest. second round was acknowledged by
doctors ‘‘took the time to talk to her and an- The authority of the Small Business
Secretary Mnuchin at an oversight
swer her questions.’’ Administration to approve any more hearing before the Small Business and
‘‘The COVID ward staff were patient, em- Paycheck Protection Program loans Entrepreneurship Committee. There
pathic, and acted like my father was the expires at midnight tonight. With the
only patient on the ward.’’ have been good-faith negotiations with
deadline we established when we passed Senator RUBIO. We worked on this bi-
In the last hours of his life, Amy heard the CARES Act in March—that was a
from a hospice nurse asking if she would like partisan issue. I think we can get it
to FaceTime with her father one last time.
reasonable assumption in March. We done today.
She ‘‘thanked the nurse profusely for thought that by the end of June, our I am disappointed, though, that we
reaching out.’’ And when they connected, the economy would be back on track and are going to go into the recess sched-
nurse was holding her father’s hand and we would not need to have additional uled for the end of this week. We are
playing classical music for him. applications after that date. not coming back until July 20, and
According to Amy, the nurse said, ‘‘This Well, a lot has changed since March
breaks my heart. If it were my dad, I would
small businesses are going to run out
of this year, and we recognized that of money during that period of time.
hope someone would do the same for me.’’
when we passed the bipartisan Flexi- The small businesses that have used up
As Amy described, she never knew the
name of the nurse. She never saw her face bility Act. It changed the time period their PPP money and need additional
through the PPE, but Amy said that she will for use of PPP funds from 8 weeks to help are not going to get our attention
remember that nurse for the rest of her life. up to 24 weeks and changed the alloca- until we come back July 20. That is
‘‘She gave me the gift of one more moment tion that Treasury had established of wrong.
with my Dad. And, it would be my last.’’ using 75 percent of the funds for pay- We should have taken up this bill by
Amy concluded her correspondence with roll to 60 percent of the funds for pay- now. The House passed the Heroes Act
dlhill on DSK120RN23PROD with SENATE
this ‘‘I often wonder what my Dad, a lifelong roll. We recognize that times have
physician and teacher, would have thought
months ago. We should have been tak-
of this last chapter of his life. But I do know
changed. ing this up now. As I said, small busi-
for sure that he would have been so grateful The PPP program is extremely pop- nesses have exhausted a lot of their
to those frontline workers who provided ular. As of 5 o’clock tonight, $520.6 bil- PPP funds, and we need to act.
warmth and comfort to his family during his lion of forgivable loans have been Tonight, we will have the oppor-
last days.’’ issued under the PPP program to tunity to extend the June 30 deadline
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